5 November 2024
45 Pipitea Street, Thorndon, Wellington 6011
PO Box 805, Wellington
Phone: 04 495 7200
Danson Stevens
Email: [email address]
[FYI request #28710 email]
Website: dia.govt.nz
Tēnā koe Danson,
Your Official Information Act 1982 request, reference OIA 2425-0349
I am responding to your email of 9 October 2024 to the Department of Internal Affairs (the
Department) requesting the following under the Official Information Act 1982 (the Act):
1. The IWF web filter has come under scrutiny for incorrectly blocking access to legal and
legitimate information and websites. A notable instance of this was the blacklisting of a
Wikipedia article about the Scorpions' 1976 album "Virgin Killer," which prevented
affected users from accessing Wikipedia altogether. Are there any plans to adjust the IWF
filter to minimize false positives and ensure broader access to accurate information?
2. Are there any planned changes to the Independent Reference Group? If so, will the IRG
have the authority to unblock websites that have been mistakenly, wrongfully, or
maliciously blocked by the IWF filter?
3. Will Internet Service Providers (ISPs) have the option to opt out of the IWF filter while
maintaining the legacy DCEFS filter?
4. Will the legacy DCEFS filter continue to exist and still implement blocks on newly
reported Child Sexual Abuse Material (CSAM) and Child Exploitation Material (CSEM)?
5. In light of recent trends in various countries towards censorship of dissenting views and
other restrictions, what measures are in place to prevent potential wrongful censorship
through the new filtering system?
6. Is there any possibility of internet users' privacy being negatively affected by these
changes?
Background
The Digital Child Exploitation Filter System (DCEFS) is a single system. The Internet Watch
Foundation (IWF) list that will be added to the DCEFS will replace the Department’s manual
addition and removal of unique URLs. There will not be a ‘legacy’ system or a new system.
Question One
The instance you mention occurred 16 years ago and was reviewed, with the decision
reversed three days later. During those three days, access was blocked to one article and
users in the United Kingdom were prevented from editing the Wikipedia page for a short
time.
The Department is confident in the accuracy of the IWF list due to the extensive analysis
undertaken by our investigators and legal services. This analysis has confirmed that material
categorised by IWF as Category A, B, or C would be considered objectionable under New
Zealand law. You can read the current DCEF assessment criteria on the Department’s
website at: www.dia.govt.nz/digital-child-exploitation-Code-of-Practice-June-2022.
The assessment criteria used by IWF, confirmed through the Department’s own analysis, is
at least as strict as that currently used for the DCEFS. The IWF list is updated twice daily and
is loaded to the DCEFS.
Question Two
There are no planned changes to the Independent Reference Group (IRG) members. The
Department will always welcome more industry partners that wish to join.
The Department is currently responsible for any complaints regarding website filtering
including in the future when the IWF list is implemented. Changes were approved to the
Code of Practice and the Terms of Reference for the IRG in the light of the IWF list addition
and this will be updated on the Department’s website shortly at:
www.dia.govt.nz/Preventing-Online-Child-Sexual-Exploitation-DCEFS-Code-of-Practice.
Question Three
Internet Service Providers voluntarily sign up to the DCEFS and were made aware of the
upcoming changes to the DCEFS.
Question Four
As noted, there is no legacy DCEFS. The DCEFS continues to operate and is being upgraded to
include the IWF list.
Question Five
Assurance actions regarding the IWF list are conducted regularly by the Department’s
investigators. Investigators are Inspectors of Publications who ensure that the IWF-list links
either contain child sexual abuse material (CSAM) or are ‘gateway’ links, meaning that CSAM
content is accessed within five clicks of the link. Any decisions on these assurance actions are
peer reviewed by another Inspector of Publications.
The Department is unable to comment on trends in other countries.
Question Six
The Department takes the privacy of internet users seriously. The DCEFS is not designed to
be an enforcement tool. The DCEFS does not provide IP addresses of those who may have
sought CSAM or found it inadvertently. The DCEFS is a prevention tool to ensure people,
especially children and vulnerable New Zealanders, are less likely to stumble on this content
accidentally.
Accessing the Ombudsman
You have the right to seek an investigation and review of my response by the Office of the
Ombudsman. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Proactive release
We intend to publish our response to your request on our website at:
www.dia.govt.nz/Official-Information-Act-Requests-2. This letter, with your personal details
removed, will be published in its entirety. Publishing responses increases the availability of
information to the public and is consistent with the Act’s purpose of enabling more effective
participation in the making and administration of laws and policies and promoting the
accountability of Ministers and officials.
Nāku noa, nā
Anita Balakrishnan
Director Ministerial and Monitoring
