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Although only a few seconds of the clip have been shown on TV, broadcasters and publishers have been quick to describe the remaining contents of the footage and point out that it has been published to the internet.

Seasoned net users will have no problems tracking down this video, either on the original site or through the myriad of mirrors that have been set up by enterprising (if somewhat ghoulish) individuals.

It would appear that Google is a bit slow in indexing these sites, or has deliberately chosen not to index them since a search for "Berg heheading" only turns up relevant hits in the news.

Copies of video, and links to it, are however, beginning to appear in newsgroups and as a savvy surfer I was able to locate a website carrying it within just a minute or two of searching.

I might point out at this stage that I found what I *believe* to be copies of the video -- since I have no desire at all to watch its contents.

But what about those NZers who do want to watch it? Will they be breaking any laws?

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Since fictional depictions of extreme violence are generally considered to fall foul of New Zealand's censorship laws, and the DIA's own website defines objectionable as "acts of torture, the infliction of serious physical harm or acts of significant cruelty", I figured this video would almost certainly be illegal.

To get an informed opinion, I rang the DIA's Censorship Compliance office and spoke with Deborah Gordon.

She told me that the video had not yet been classified so no definitive opinion could be offered. She was also unaware of the contents of the video so I related the media's description to her and she agreed that it would likely be deemed to be objectionable under the act.

Ms Gordon told me that the mere act of viewing the video would likely not be illegal, providing it was not downloaded or stored (even temporarily) on the viewer's PC. Speaking to the Wellington Censorship Office I was told that the matter of streaming video (as opposed to downloading the video as a distinct file) is a difficult one and represents another gray area.

The story for ISPs however is a little more grim. If they were found with copies of the video in their newsgroup spool then they could be liable for prosecution.

Similarly, if anyone were to host a copy of the video on their own NZ-based website, they could find themselves facing prosecution.

But what about sites that might link to a copy of the video?

"This", Ms Gordon says, "is a gray area."

The linking issue has been raised before however, namely when the Greens linked to a copy of the Anarchists' Handbook (which is deemed to be an objectionable publication under the Act). Although she didn't have the results of that case to hand, I was promised that further information would be emailed to me later today.

The Censorship Office also promised to get back to me with more information on the situation relating to personal obligations and liability from an enforcement perspective.

On speaking with the DIA, it became obvious that the internet remains a minefield that is exceedingly difficult to negotiate -- both for the public and for those charged with the responsibility of enforcing censorship laws.

UPDATE
Since the above was written, I've spoken with Vince Cholewa from the DIA and he tells me that the department has contacted ISPs and asked them to purge any copies of the videos which may appear on their news-servers.

When asked whether the department was warning the public about the potential legal risks associated with downloading or disseminating this video, I was told that they would not. This, it was explained, was to avoid further boosting public interest in the video by making it into forbidden fruit.

Quite frankly, I'm not too happy about a situation where ignorance is not considered a defence but the department charged with enforcement doesn't take reasonable steps to alert the public to the fact that a simple download could result in breaking the law. Remember that while most people know things like kiddy-porn is illegal, I'd wager that far fewer realise that this particular video falls foul of the law.

I wonder how many people have already downloaded and emailed copies of this video to friends -- or emailed them links to a website where it can be downloaded.

Vince was unable to clarify the situation regarding linking, however he did say that there were penalties related to "making available" an objectionable publication which could well encompass the act of linking or distributing such a link.

He also confirmed the department's view, that viewing streamed content was significantly different to the act of downloading a file carrying the same material. Streamed video is considered a broadcast and the viewer of such a stream incurs no liability unless a copy is left on their PC.

Perhaps it's time for our legislators to revisit censorship legislation as it applies to the Net. Does it make sense to allow people to legally view child pornography via streaming video, yet imprison them for downloading and viewing the same material as an unstreamed MPEG or WMV file?

Similarly, the issue of linking to objectionable or otherwise illegal information would appear to need significant clarification.

Surely, until the law is clear in such areas, the defence of ignorance must be considered a valid one. If those charged with enforcing the law can't tell what's legal and what's not, how can the general public be expected to?

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