Capturing digital evidence
CSAM is objectionable content. Check out Netsafe's guide to safe and legal capture of digital evidence.
Child Sexual Abuse Material (CSAM) is a grave issue that affects countless lives around the world. Here you'll find more information on what it is, and what you can do if you come across it online.
Last Updated30/07/2024
CSAM is the recording of the sexual abuse or exploitation of a person under the age of 18. This can include images, text, videos, or live-streamed content that depict children or young people being sexually abused and exploited.
CSAM can be distributed through online platforms, games, social media, peer-to-peer networks, and messaging services.
The term “child pornography” or “child porn” is sometimes used to refer to CSAM.
Netsafe and many other agencies use the term Child Sexual Abuse Material (CSAM) because it better reflects what this content represents and the seriousness with which this content should be considered.
Possessing, making or distributing CSAM is illegal under New Zealand law. The Films, Videos, and Publications Classification Act 1993(http://www.legislation.govt.nz/act/public/1993/0094/55.0/DLM312895.html) deems a publication to be objectionable if it promotes or supports, or tends to promote or support the exploitation of children, young persons, or both, for sexual purposes (section 3(2)(a)).
Possession of CSAM is a serious offence and can be punishable by imprisonment of up to 10 years, or a fine of up to $50,000. Distributing CSAM carries a maximum term of imprisonment of up to 14 years. Distributing includes making the content available for other people to access, such as on a website or through file sharing.
We know that some young people send nude or nearly nude content of themselves to other young people, this is often known as sexting(/online-safety-at-home/sexting-and-nudes). Under New Zealand law, people under the age of 18 who create this content of themselves may technically be in possession of objectionable material. If they send this content to another person, it may technically amount to distributing objectionable material(/children-and-young-people/what-to-do-if-you-see-something-upsetting), whether the other person requested it or not.
If the person they are sending it to is under-age, they may technically be supplying objectionable material to a minor. It is important that young people understand that on-sharing nude images/videos of someone under the age of 18 is distributing CSAM in the eyes of the law. This includes the on-sharing of nudes of another person who is underage, regardless of whether the content was initially shared consensually by the person in the image/video.
Law enforcement agencies are most concerned with people who are knowingly creating, in possession of, or distributing CSAM. However, this does not mean that others do not run the risk of breaking the law. Agencies are likely to take into account the nature of a consensual relationship between people under the age of 18 when they consider prosecution.
Image-based abuse is a type of online sexual harassment and can be an offence under the Harmful Digital Communications Act.
You can find out more about it here.(/online-abuse-and-harassment/image-based-abuse)
Grooming(/online-abuse-and-harassment/grooming) is when an adult tries to build a relationship with a young person so that they can sexually exploit them in some way.
This doesn’t always have to be physical – sometimes they are trying to get nude or nearly nude images or videos of the young person or have a sexual conversation with them.
If you accidently discover CSAM content or if it has been sent or shown to you even if you did not request it, report it to the Department of Internal Affairs(https://www.dia.govt.nz/web/submitforms.nsf/cencomp) (DIA) immediately.
If it is discovered that you have been in possession of this content and did not report it to the DIA immediately you may still be liable for prosecution – even if the access was accidental or unsolicited and you deleted it or navigated away from it immediately. Reporting the content immediately upon discovering it may offer you some protection from prosecution.
It is important that you do not forward CSAM content to another person including Netsafe even if you are trying to get advice about what to do with the content as you will be “distributing” the content, and the person you are sending it to would be in “possession” of the content. If you have done this already report this immediately to the DIA and encourage the other person to do the same.
If you’re unsure if the person in the content you have seen is underage, you should still report it. There are age verification specialists who can analyse the content. If the content includes a child that you know, you should also report this to the DIA who will work with local law enforcement to act to protect the victims of abuse.
Every picture or video of CSAM might contain a clue that will rescue a child from abuse.
Don’t click away!
If you see it, don’t ignore it – report it.
If you have any questions about reporting CSAM, Netsafe can provide free and confidential advice.
If you see an advertisement for CSAM, do not click on the link or access the material. Report the advertisement to the DIA immediately. In your report, please include a URL to the advertisement and a URL of the website hosting the advertisement.
CSAM is objectionable content. Check out Netsafe's guide to safe and legal capture of digital evidence.
If you or someone else you know is in immediate danger, call 111.
If you or someone you know has created or been involved in creating CSAM content, or intentionally accessed CSAM content, you can contact the Police or Safe to Talk for specialist advice and to discuss the options available to you.
Safe to Talk(https://safetotalk.nz/) is a free and confidential sexual harm help service that can provide you with specialist advice.
Contact Safe to Talk free 24 hours a day by calling 0800 044 334 or visit safetotalk.nz(https://safetotalk.nz/).
If you suspect that someone you know is creating CSAM material, you should contact the Police immediately.
Netsafe will support victims to try to get content removed from the Internet. We’ll also help identify those organisations best placed to support victims, and where to report CSAM so that offenders can be identified and prosecuted.
If you’re unsure about where to report, or whether you should report CSAM content, contact Netsafe for free, confidential advice.
Report incidents of child exploitation to the NZ Police
Report child sexual abuse material to the Department of Internal Affairs
Report border related child sexual exploitation to NZ Customs
Seeing or experiencing CSAM can be very distressing and upsetting. The following agencies and services are available to provide support:
If you see CSAM online, it's essential to capture digital evidence. Although deleting the content may seem like a quick solution, contacting Netsafe or a law enforcement agency for advice first is often a wiser approach. Here's our guide on how to record digital evidence legally and effectively.