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Wicked Campers

Objectionable

Why the vans were classified

In March 2016 Police submitted a number of campervans to the Classification Office following public concern.

Under the Films, Videos, and Publications Classification Act 1993 the definition of publication includes any "thing that has printed or impressed upon it, or otherwise shown upon it, 1 or more (or a combination of 1 or more) images, representations, signs, statements, or words", The Classification Office has previously classified such 'things' as billboards, t-shirts, and even a drink can. This is the first time the Classification Office has classified a vehicle.

What can be classified

Each year Police submit a number of publications for classification. The Classification Office is required to classify any submissions made by Police. In March 2016 Police submitted some of the Wicked Camper vans for classification following public concern.

Useful links

• Definition of a 'publication' in the Act

• Films, games and other publications can be classified

Classification criteria

All publications are classified using the legal criteria set out in the Films, Videos, and Publications Classification Act 1993.

New Zealand's classification criteria

Useful links

• The classification criteria

Decision summary

After examining the vans and applying the legal classification criteria, the Classification Office classified three of the vans as Objectionable (banned).

About the vans

The images and text on these campervans use well-known characters from children's storybooks and television programmes to present drug use in a subversive manner that is oriented towards young adult consumers. However, the size and colourful nature of the imagery on the vans will inevitably draw the attention of children and young teenagers who are likely to focus on familiar characters and accept the humorous presentation of drug use uncritically.

The harmful nature of the material to children and young people

Drug use of the sort promoted by the vans would have serious short and long term harmful impacts on the psychological and physical health of children. The harm from these vans would be attitudinal more than in direct imitation of the behaviour, but the use of children's characters does increase the likelihood of uptake of the depicted attitudes and behaviours by children and young people.

Freedom of expression

The right to freedom of expression has been considered. Freedom of expression entails a certain tolerance for the depiction of drug use in various media. Films or DVDs, for instance, allow a high level of control over the manner and circumstances of viewing, including access. This same agency and control is not available when the medium is a campervan designed specifically for public display as a business promotion.

This decision is a reasonable limitation of commercial free speech — as are prohibitions on promoting other potentially harmful activities to children, such as the consumption of alcohol or tobacco.

The nature of the medium being classified

The medium used to display the material removes agency and control over access from the viewer. The imagery on the campervans is a form of commercial promotion for Wicked Campers and, as such, is designed to be large and to have impact. The campervans are specifically intended to be displayed to a wide public audience.

Unlike other portable media (such as DVDs or t-shirts) the problematic parts of the campervans cannot easily be covered, or displayed only in restricted areas or to select persons.

The humour is aimed at young adults but is presented to all ages indiscriminately. It is noted that the campervans are not hired to people under the age of 18 years. However, the age of the user(s) has no relevance to the vehicles' accessibility to others.

Conclusion

A classification of R16, which would prevent access by children and young teenagers, has been considered, however the practical challenges of applying an age-restriction to a vehicle means this is not an option. The classification of these campervans as objectionable removes all doubt as to their unsuitability for their intended purpose.

Significant injury to the public good, in particular the promotion of criminal drug use to children and young teenagers, arising from the display of these vans is likely. The nature of the medium in this case means that this injury to the public good is not able to be adequately addressed by a restriction to those over a specified age.

Read the full written reasons for the decision:

Classification Office's Notice of Decision for Wicked Campers 28.04.2016 (PDF, 280KB)

Enforcement and penalties

This classification means that it is illegal for anyone to supply, own, or possess the vans. The maximum penalty for possessing a banned publication is imprisonment up to 10 years or fine up to $50,000 for an individual, or a fine up to $100,000 for an organisation. The maximum penatlty for supplying or distributing a banned publication is imprisonment up to 14 years for an individual and a fine of up to $200,000 for an organisation.

Read more about the offence provisions:

Plain English Guide to the Offence Provisions (PDF, 679KB)

Questions about enforcement of these classification decisions should be directed to New Zealand Police.

Contact the Information Unit if you require further information on a classification decision.

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