The review will update the ALRC inquiry of 1991. In that report the ALRC recommended -
• There should be a national legislative scheme to deal with censorship issues. A federal Act should establish the administrative bodies and set out the procedures for classifying films and publications.Implementation of the recommendations saw -
• A non-legislative code should contain the criteria for classification.
• The States and Territories should adopt classifications determined under the code and provide enforcement proceedings.
enactment of the Classification (Publications, Films and Computer Games) Act 1995 (Cth), providing for the classification of publications, films and computer games for the Australian Capital Territory and, through complementary State and Territory legislation, the basis of a national classification scheme.In announcing the current review the Minister for Home Affairs commented that -
The Broadcasting Services Act 1992 (Cth) was amended by the Broadcasting Services (Online Services) Amendment Act 1999 (Cth) to provide for censorship and classification of internet material and online services. Under that statute complaints regarding content can be made to the Australian Communications & Media Authority (ACMA), which can ask the Classification Board to classify the content consistent with the Classification (Publications, Films and Computer Games) Act 1995 (Cth) and the National Classification Code (2005). ACMA can require a host or service provider to stop or restrict access to certain content, depending on the classification it attracts.
When the National Classification Scheme began, classifiable content and the way it was delivered to consumers was relatively static.The Attorney-General’s Department is seeking comments on the proposed terms of reference [PDF] for the review, with comments to be provided by the 28th of this month.
Today, films can be watched in a cinema, on DVD, on TV or downloaded. Many video games include significant film segments to tell stories, and some films have interactive content. The National Broadband Network will increase this ready access to classifiable content.
People, particularly parents, need a system of classification in Australia that allows them to make informed choices about what they wish to read, see and hear.
This important review will look not only at classification categories, but also at the whole classification system to ensure it continues to be effective in the 21st century.
As might be expected, the preamble to the 'Review of Censorship and Classification' offers something for everyone, with the Ministers "having regard to" -
• the rapid pace of technological change in media available to, and consumed by, the Australian communityMoving on from genuflections to the divergent interest groups, the ALRC is to consider -
• the needs of the community in this evolving technological environment
• the need to improve classification information available to the community and enhance public understanding of the content that is regulated
• the desirability of a strong content and distribution industry in Australia, and minimising the regulatory burden
• the impact of media on children and the increased exposure of children to a wider variety of media including television, music and advertising as well as films and computer games
• the size of the industries that generate potentially classifiable content and potential for growth
• a communications convergence review, and
• a statutory review of Schedule 7 of the Broadcasting Services Act 1992 and other sections relevant to the classification of content
1. relevant existing Commonwealth, State and Territory laws and practices
2. classification schemes in other jurisdictions
3. the classification categories contained in the Classification Act, National Classification Code and Classification Guidelines
4. any relevant constitutional issues, and
5. any other related matter.
