overview
trends
to 1968
from 1968
netwars
New Zealand
studies
early cases
recent cases
advocacy
attitudes
agencies
legislation
ratings
statistics
landmarks
related
Guide:
Censorship
and Free
Speech
related
Profiles:
Human Rights
Australian
Constitution
& Cyberspace
Blasphemy
Sedition
|
ratings and classifications
This page considers the Australian and New Zealand content
ratings regimes.
It covers -
introduction
The Australian content ratings regime centres on formal
classification by the national Classification Board (located
at the OFLC and discussed earlier
in this profile) of film, video and computer games. The
regime encompasses classification of some publications,
with state/territory laws requiring that 'submittable
publications' ("those likely to warrant restriction
to adults") must be submitted to the Board for classification
before they can legally be sold, distributed or advertised.
In addition to that classification activity the Board
provides classifications to ACMA on internet content and
advice to police or other enforcement agencies such as
the Australian Customs Service. Classification is reflected
in parental advisory notices in free-to-air and subscription
television broadcasts as part of industry self-regulation.
The regime is based on broad agreement since 1995 by the
federal government and state/territory governments about
a national code for classification of content.It features
prohibition on the import, sale, hire, advertising or
exhibition in Australia of items in the Refused Classification
(RC) category.
The code is concerned with classification rather than
enforcement as such. As noted earlier in this profile,
there are thus substantial variations in
- state/territory
provisions regarding access to content that has the
same classification (eg legally available on a commercial
basis in the ACT but not in QLD)
- penalties
for breaches of enforcement legislation
- the
enthusiasm with which enforcement takes place
Each
State and Territory is responsible for the enforcement
of classification decisions and accordingly has discrete
classification enforcement legislation that complements
the federal legislation. The enforcement legislation sets
out how films, publications and computer games can be
sold, hired, exhibited, advertised and demonstrated in
the particular jurisdiction. Some States and Territories
have reserved censorship powers.
objectives
In Australia the OFLC indicates that classification decisions
are based on the following principles:
a)
adults should be able to read, hear and see what they
want
b) minors should be protected from material likely to
harm or disturb them
c) everyone should be protected from exposure to unsolicited
material that they find offensive;
d) the need to take account of community concerns about:
(i) depictions that condone or incite violence, particularly
sexual violence; and (ii) the portrayal of persons in
a demeaning manner.
The
New Zealand OFLC notes specific prohibition of any publication
that promotes or supports
-
the sexual exploitation of children
- sexual
violence or coercion
- torture
or extreme violence
- bestiality,
necrophilia, urophilia and coprophilia
It
must place particular weight on the extent and degree
to which, and the manner in which, publications deal with
-
Promotion of criminal acts
- Torture,
Cruelty, Violence and sexual violence
- Sexual
conduct with or by children and exploitation of children's
nudity
-
Degrading, dehumanising or demeaning conduct
-
Representations of a particular class of person as inherently
inferior by reason of a prohibited ground of discrimination
mechanisms
The Australian national Board and Review Board must make
classification decisions in accordance with the National
Classification Code approved by the federal and state/territory
Ministers.
They are obliged to take into account the matters set
out in section 11 of the Classification Act, including
- standards
of morality, decency and propriety generally accepted
by reasonable adults;
- artistic
merit;
- the
general character of the publication, film or computer
game;
-
the persons or class of persons to or among whom it
is published.
publications
Nationally there are four categories of publications,
with publishers/distributors being required to gain a
formal classification for imported or locally produced
items that would be regarded as 'submittable publications'
(ie those in the RC, Category 2 restricted and Category
1 restricted categories) prior to sale, distribution or
advertising in Australia.
RC
Publications that: (a)describe, depict, express or otherwise
deal with matters of sex, drug misuse or addiction,
crime, cruelty, violence or revolting or abhorrent phenomena
in such a way that they offend against the standards
of morality, decency and propriety generally accepted
by reasonable adults to the extent that they should
not be classified; or (b) describe or depict in a way
that is likely to cause offence to a reasonable adult,
a person who is, or appears to be, a child under 18
(whether the person is engaged in sexual activity or
not); or (c) promote, incite or instruct in matters
of crime or violence
Category 2 restricted
Publications (except RC publications) that: (a) explicitly
depict sexual or sexually related activity between consenting
adults in a way that is likely to cause offence to a
reasonable adult; or (b) depict, describe or express
revolting or abhorrent phenomena in a way that is likely
to cause offence to a reasonable adult and are unsuitable
for a minor to see or read
Category 1 restricted
Publications (except RC publications and Category 2
restricted publications) that: (a) explicitly depict
nudity, or describe or impliedly depict sexual or sexually
related activity between consenting adults, in a way
that is likely to cause offence to a reasonable adult;
or (b)describe or express in detail violence or sexual
activity between consenting adults in a way that is
likely to cause offence to a reasonable adult; or (c)
are unsuitable for a minor to see or read
Unrestricted
All other publications
The
national Board classifies publications for sale on behalf
of New South Wales, Victoria, South Australia, Queensland,
Western Australia, Tasmania, the ACT and NT. Queensland
does not recognise the two 'Restricted' categories (Category
1 - Restricted and Category 2 - Restricted).
film and video
Classification of film and video for public exhibition,
sale/rental and broadcast features seven categories as
follows
RC
Films that: (a) depict, express or otherwise deal with
matters of sex, drug misuse or addiction, crime, cruelty,
violence or revolting or abhorrent phenomena in such
a way that they offend against the standards of morality,
decency and propriety generally accepted by reasonable
adults to the extent that they should not be classified;
or (b) describe or depict in a way that is likely to
cause offence to a reasonable adult, a person who is,
or appears to be , a child under 18 (whether the person
is engaged in sexual activity or not); or (c)promote,
incite or instruct in matters of crime or violence
X 18+
Films (except RC films) that: (a) contain real depictions
of actual sexual activity between consenting adults
in which there is no violence, sexual violence, sexualised
violence, coercion, sexually assaultive language, or
fetishes or depictions which purposefully demean anyone
involved in that activity for the enjoyment of viewers,
in a way that is likely to cause offence to a reasonable
adult; and (b) are unsuitable for a minor to see 3
R 18+
Films (except RC films and X 18+ films) that are unsuitable
for a minor to see
MA 15+
Films (except RC films, X 18+ films and R 18+ films)
that depict, express or otherwise deal with sex, violence
or coarse language in such a manner as to be unsuitable
for viewing by persons under 15
M
Films (except RC films, X 18+ films, R 18+ films and
MA 15+ films) that cannot be recommended for viewing
by persons who are under 15
PG
Films (except RC films, X 18+ films, R 18+ films, MA
15+ films and M films) that cannot be recommended for
viewing by persons who are under 15 without the guidance
of their parents or guardians
G
All other films
The
Classification Act empowers the Board to grant a certificate
of exemption for certain unclassified films to allow advertising
prior to classification, subject to compliance with conditions
in the Classification (Eligible Films) Determination
2002 such as displaying an exemption message on advertising
material.
Under state/territory enforcement legislation a film festival
or event may apply to show an unclassified film, with
exemptions being granted in accord with Film Festival
Exemption guidelines approved by Censorship Ministers
in 2004 or, in the case of the Sydney Film Festival, in
accordance with a direction issued by the New South Wales
Censorship Minister.
games
There are five categories for computer games:
RC
Computer games that: (a) depict, express or otherwise
deal with matters of sex, drug misuse or addiction,
crime, cruelty, violence or revolting or abhorrent phenomena
in such a way that they offend against the standards
of morality, decency and propriety generally accepted
by reasonable adults to the extent that they should
not be classified; or (b) describe or depict in a way
that is likely to cause offence to a reasonable adult,
a person who is, or appears to be, a child under 18
(whether the person is engaged in sexual activity or
not); or (c) promote, incite or instruct in matters
of crime or violence; or (d) are unsuitable for a minor
to see or play
MA 15+
Computer games (except RC computer games) that depict,
express or otherwise deal with sex, violence or coarse
language in such a manner as to be unsuitable for viewing
or playing by persons under 15
M
Computer games (except RC and MA 15+ computer games)
that cannot be recommended for viewing or playing by
persons who are under 15
PG
Computer games (except RC, MA 15+ and M computer games)
that cannot be recommended for viewing or playing by
persons who are under 15 without the guidance of their
parents or guardians
G
All other computer games
next
page (statistics)
|
|
Ketupa