EXECUTIVE SUMMARY
This inquiry was the first major review of the National
Classification Scheme since it was introduced over 15 years ago. The
inquiry presented the committee with an opportunity to examine a range of
important issues relating to the National Classification Scheme and to assess
the effectiveness of regulatory regimes for media not included in the National
Classification Scheme.
In the committee's view, the National Classification Scheme is
flawed, and cannot be sustained in its current form. This is primarily because
the scheme has not been successful in achieving a uniform and consistent
approach to classification in Australia. Further, the current situation where
the National Classification Scheme is loosely paralleled by co-regulatory and
self-regulatory systems is far from adequate, particularly given the increasing
convergence of media.
Therefore, the committee recommends major reforms to the
operation of the National Classification Scheme, in order to provide
consistency and uniformity with regards to classification decision-making,
while maintaining a touchstone to community standards.
Fundamentally, the committee recommends that an express
statement should be included in the National Classification Code to clarify
that the four key principles to be applied to classification decisions are to
be given equal consideration and balanced against one another in all cases.
Further, the committee recommends that the principles in the National
Classification Code should be expanded to take into account community concerns
about the sexualisation of society and the objectification of women.
Following adoption of these underpinnings, the committee
recommends that the Australian Government take a leadership role through the
Standing Committee of Attorneys-General in requesting the referral of relevant
powers by states and territories to the Australian Government to enable it to
legislate for a truly national classification scheme.
The committee further recommends that the scope of the National
Classification Scheme should be expanded so that it covers all mediums of
delivery. The committee supports a continued role for industry self-assessment
for classification decision-making; however, this must be balanced with
appropriate oversight, spot checks and compliance checks, and must include harmonised
standards across all media.
The committee therefore recommends an expansion in the size of,
and funding for, the Classification Liaison Scheme, including provision for representatives
to be based in each state and territory. The committee also proposes that the Classification
Review Board should become the final arbiter of classification decisions for
all media in Australia in order to ensure uniformity and consistency. The
committee believes that the reforms it proposes will provide sufficient
oversight of industry classification bodies, without overburdening them with excessive
regulation.
The committee also recommends that complaints-handling should be
improved with respect to classification matters, with the establishment of a
'one-stop shop' for processing complaints: a 'Classification Complaints'
clearinghouse where complaints in relation to matters of classification can be
directed and subsequently forwarded to the appropriate organisation for consideration
and review.
The committee also makes a range of other recommendations
covering topics including:
-
classification of artworks;
-
exemptions for cultural institutions to exhibit unclassified
films;
-
the development of national standards for the display and sale of
material with a Restricted classification;
-
prioritising enforcement actions for the failure to respond to
call-in notices; and
-
accreditation of industry bodies wishing to exercise
classification decision-making functions.
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