Age Limit Placed On ‘gay’ Magazine (Press, 8 July 1987)
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Summary: Age Limit Placed On ‘gay’ Magazine (Press, 8 July 1987)
On 8 July 1987, the High Court of New Zealand made a significant ruling regarding the magazine "Gay Scene". The Court determined that the publication is only indecent for individuals under 18 years of age, overturning a prior decision by the Indecent Publications Tribunal. The case stemmed from an appeal by the Lawrence Publishing Company against the Tribunal's original ruling from 1 March 1985, which classified a specific issue of "Gay Scene", dated November 1 of that year, as indecent. The Comptroller of Customs acted as the respondent in the appeal. In delivering the Court's decision, Mr Justice Quilliam noted that the underlying context of the Tribunal’s decision was based in part on the legal status of homosexual acts between males, which at the time were criminal offences. However, the current legal climate had changed since then, contributing to the Court's reevaluation of the classification of the magazine. Mr Justice Quilliam explained that the primary consideration for the Court was whether the material in question had "the capacity for some actual harm." While the majority of content in "Gay Scene" catered to homosexual readers, it was not deemed to promote homosexual acts. He further remarked that the magazine was unlikely to influence individuals who did not already identify as homosexual, deeming that any persuasive elements present within the publication were minimal compared to its entirety. Nevertheless, the Court acknowledged a concern for younger readers, stating that the magazine could indeed pose actual harm to them and warranting a limitation on its availability to adults only. This ruling was delivered by a panel of judges that included Mr Justice Quilliam, Mr Justice Jeffries, and Mr Justice Greig, marking an important moment in the ongoing discussion about censorship, sexual orientation, and the rights of individuals in New Zealand.
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