01 March 2012

Classification

The Australian Law Reform Commission has released Classification—Content Regulation and Convergent Media (ALRC Report 118), its ambitious 400 page Final Report for the National Classification Scheme Review.

The full report makes 57 recommendations for a technology-neutral, comprehensive and national regime covering the "convergent media landscape". The recommendations are founded on eight principles -
1) Australians should be able to read, hear, see and participate in media of their choice;

2) communications and media services available to Australians should broadly reflect community standards, while recognising a diversity of views, cultures and ideas in the community;

3) children should be protected from material likely to harm or disturb them;

4) consumers should be provided with information about media content in a timely and clear manner, and with a responsive and effective means of addressing their concerns, including through complaints;

5) the classification regulatory framework needs to be responsive to technological change and adaptive to new technologies, platforms and services;

6) the classification regulatory framework should not impede competition and innovation, and not disadvantage Australian media content and service providers in international markets;

7) classification regulation should be kept to the minimum needed to achieve a clear public purpose; and

8) classification regulation should be focused upon content rather than platform or means of delivery.
Key features of the proposed regime are -
• Platform-neutral regulation - one legislative regime establishing obligations to classify or restrict access to content across media platforms.

• Clear scope of what must be classified - that is feature films, television programs and certain computer games that are both made and distributed on a commercial basis and have a significant Australian audience.

• A shift in regulatory focus to restricting access to adult content - imposing new obligations on content providers to take reasonable steps to restrict access to adult content and to promote cyber-safety.

• Co-regulation and industry classification - more industry classification of content and industry development of classification codes, subject to regulatory oversight.

• Classification Board benchmarking and community standards - a clear role for the Classification Board in making independent classification decisions using classification categories and criteria that reflect community standards.

• An Australian Government scheme - replacing the current classification cooperative scheme with enforcement of classification laws under Commonwealth law.

• A single regulator - with primary responsibility for regulating the new scheme.