1. Australia‟s National
Classification Scheme:
Principles for Reform
Presentation to The Big Picture: Socio-
Cultural Research and Australia’s Policy
Challenges
ARC Centre of Excellence for Creative
Industries and Innovation (CCI) Symposium,
Brisbane, 28 July, 2011
Professor Terry Flew, Lead Commissioner,
Australian Law Reform Commission
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2. Background
• ALRC review of Censorship and
Classification (1991)
• Rapid pace of technological change and
community uptake of new media
technologies
• Community needs and expectations in an
evolving technological environment
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3. Terms of Reference
Consider the extent to which
• the Classification (Publications, Films and
Computer Games) Act 1995;
• State and Territory enforcement legislation;
• Schedules 5 and 7 of the Broadcasting Services
Act 1992; and
• the Intergovernmental Agreement on Censorship
and related laws
continue to provide an effective framework for the
classification of media content in Australia
The Hon R McClelland MP
Attorney-General
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4. Review timeline
Review announced (March 2011)
Commissioner appointed (April 2011) Issues Paper released (May 2011)
Consultation Process (May-July 2011)
Industry and stakeholder Formation of Advisory
Public submissions Public presentations
consultations committee
Release of Discussion Paper (September 2011)
Advisory Committee
Public consultations Public submissions Public presentations
meetings
Final Report released (Jan-Feb 2012)
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5. The National Classification
Scheme
Classification Board:
• films
• computer games
• publications (some)
ACMA:
• broadcasting
• online content
Enforcement:
Customs:
• sale
• „objectionable material‟
• distribution
• advertising
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6. So what is the National Classification Scheme?
Legislative basis Mode of regulation Responsible Extent of classification
agency/ies
Publications Classification Act 1995 Govt. Regulation Classification Board Submittable content
Films Classification Act 1995 Govt. Regulation Classification Board All content
TV & Radio (FTA) Broadcasting Services Act Co-regulation ACMA All content
1992
TV (Subscription) Broadcasting Services Act Co-regulation ACMA All content
1992
DVDs Classification Act 1995 Govt. Regulation Classification Board All content
Computer games Classification Act 1995 Govt. Regulation Classification Board All content
Internet-based content Broadcasting Services Act Co-regulation ACMA Complaint based -
1992 (Schedules 5 & 7) Restricted/RC
content only
Mobile apps None ? ? None at present
Advertising None Self-regulation Advertising Complaint based
Standards Board
Art works Classification Act 1995 (state- Govt. Regulation Classification Board Submittable content
based – obscenity)
Billboards None Self-regulation Advertising Complaint based
Standards Board
Heavy metal t-shirts Classification Act 1995?? ? ? ?
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12. National Classification Scheme
• Mobile apps
• Advertising
• Art works
• User created content
• Music
• Broadcasting
• Online content
• Online games
• Feature films
• DVDs
• Publications
(submittable)
• Computer games
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13. Principles of the Classification
Code
• adults should be able to read, hear and see what they
want;
• minors should be protected from material likely to harm
or disturb them;
• everyone should be protected from exposure to
unsolicited material that they find offensive;
• the need to take account of community concerns about:
– depictions that condone or incite violence, particularly sexual
violence; and
– the portrayal of persons in a demeaning manner.
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14. Differentiating forms of content
regulation
• Distinguishing features of content
• Who should be responsible?
• Cost of classifying material
• Mutability of content
• Possible impact of material – particularly in
relation to children
• Produced by/for individuals or corporations?
• Complaints-based or across-the-board
approaches?
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15. Incremental change or fundamental
reform?
"Australia's media content regulation system is like a bowl of spaghetti that's been put
to the back of the fridge and gets dragged out every five years, reheated with additional
sauce, partly eaten and then put back in the fridge for later. It's complex, tangled and
from a media user point of view its impossible to tell which bit of media content
connects to which regulatory framework“ (Catharine Lumby).
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16. Problems with the current framework
• Technological changes (72% of households have broadband
connections; 90% by 2014)
• Media convergence blurs legislative distinctions
• New products and services whose regulatory status is uncertain
(e.g. mobile apps)
• New means of accessing content (e.g. games moving online)
• Exponential growth in online investigations
• Absence of R18+ classification for games (58,000 submissions to
AG‟s advisory 2010 – 98% favoured a new classification – in-
principle agreement at July 2011 SCAG meeting in Adelaide)
• Globalisation of content hosting
• Shift in media producer/consumer relationship with user-created
content
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18. A new techno-economic
paradigm
• “Each great surge of development involves a turbulent process of
diffusion and assimilation. The major incumbent industries are
replaced as engines of growth by new emerging ones; the
established technologies and the prevailing paradigm are made
obsolete and transformed by the new ones; many of the working and
management skills that had been successful in the past become
outdated and inefficient, demanding unlearning, learning and
relearning processes. Such changes in the economy are very
disturbing of the social status-quo ... These ... imbalances and
tensions... end up creating conditions that require an equally deep
transformation of the whole institutional framework. It is only when
this is achieved and the enabling context is in place that the full
wealth-creating potential of each revolution can be deployed.”
Carlota Perez, “Technological Revolutions and Techno-Economic
Paradigms”, Cambridge Journal of Economics, 34, pp. 199.
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19. Proposed Draft Principles for Reform
General Principles
of the NCS
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
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20. Proposed Draft Principles for Reform
General Principles
of the NCS
3. Children should be protected from
material likely to harm
4. The national classification scheme
needs
to provide consumer information in a
timely and clear manner, and to provide
a responsive and effective means of
addressing community concerns,
including complaints
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21. Proposed Draft Principles for Reform
General Principles
of the NCS
5. The regulatory and classification
framework needs to be responsive to
technological change and adaptive to new
technologies, platforms and services
6. The classification framework should not
impede competition and innovation, and
not disadvantage Australian media
content and service providers in
international markets
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22. Proposed Draft Principles for Reform
General Principles
of the NCS
7. Classification regulation should be kept
to the minimum needed to achieve a
clear public purpose, and should be clear
in its scope and application;
8. Classification regulation should be
focused upon content rather than platform
or means of delivery.
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23. To come in September 2011
National Classification
Scheme Review
DISCUSSION PAPER
DISCUSSION PAPER 77 SEPTEMBER 2011 23
24. Final Report
National Classification
Scheme Review
FINAL REPORT
REPORT 117 (ALRC 117) JANUARY 2012 24
25. For information about ALRC work,
copies of speeches and
presentations
ALRC website – www.alrc.gov.au
Email: info@alrc.gov.au
GPO Box 3708, Sydney 2001
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