|
Current Issues
Censorship and Classification in Australia
E-Brief: Online Only issued 19 October 2001
Kim Jackson, Analysis and
Policy
Social Policy Group
Australia's censorship system is often the subject of controversy. In
recent years there has been debate over the classification of films such
as Hannibal, Lolita and Romance, as well as the proposal
to replace the 'X' category with 'NVE' (non-violent erotica) and the introduction
of Internet censorship. There have also been recent changes to the censorship
legislation and a review of the classification guidelines is currently
being undertaken.
This brief describes the major features of the Australian censorship
system, as well as providing access to a range of relevant web sites and
documents.
Under the Constitution the Commonwealth Government has the power to make
laws with regard to telecommunications (including broadcasting) and imported
material, but not locally produced matter. The latter is under the jurisdiction
of the State governments. Censorship provisions have thus varied according
to the nature of the material (TV, film, print etc.) and the state or
territory. A Commonwealth Film Censorship Board was first established
under the provisions of the Customs Act in 1917. In 1949 Western Australia,
Queensland and Tasmania signed agreements with the Commonwealth to delegate
their film censorship powers and functions to the Commonwealth. The other
States eventually followed suit.
By the early 1980s the Film Censorship Board had the following roles:
- examination of imported films and video tapes under Customs regulations;
- registering and classifying films and videotapes for public exhibition
on behalf of the States/Territories in accordance with their legislation;
- classifying imported television programs and certain locally produced
television programs on behalf of the Australian Broadcasting Tribunal
(ABT) and the Australian Broadcasting Corporation. Programs produced
by commercial television stations were classified by themselves in accordance
with the Television Program Standards administered by the ABT.
Publications remained the responsibility of the States, which generally
operated voluntary classification schemes (ie. there was no requirement
to have all printed matter classified before publication). Instead, restrictions
were applied to the display or sale of 'adult' publications (whether classified
or not) to ensure that children did not have access to them.
In July 1983 a meeting of Commonwealth and State Ministers was convened
to pursue proposals for a uniform classification scheme for publications
and videotapes. The Ministers agreed on a voluntary scheme for the classification
of videotapes, with the classification being the responsibility of the
Film Censorship Board. Each State and territory would introduce legislation
based on a model ACT Ordinance. Five classification categories would be
provided for: G (General), PG (Parental Guidance), M (Mature), R (Restricted)
and X.
Queensland and Tasmania had indicated at the July 1983 meeting that X
classified material would not be accepted in their States. In 1984 the
remaining States followed suit, so that by 1985 only the Australian Capital
Territory and the Northern Territory allowed the sale or hire of X-rated
material.
In September 1984 a meeting of State and Commonwealth censorship ministers
foreshadowed stronger controls on videos after acknowledging widespread
concern about X-rated material and the level of violence in the M and
R categories. At this stage X-rated videos could contain some limited
depictions of violence, although most portrayed only explicit sex. The
meeting also considered the possibility of introducing a new category
for non-violent erotica. In October 1984 another meeting of censorship
Ministers agreed to stricter controls on violence in the M and R categories
and the replacement of the X category with a new category for non-violent
erotica, although Queensland and Tasmania did not support this proposal.
In November 1984 changes were made to the Film Censorship Board's guidelines
to exclude any suggestion of coercion or non-consent from the X category.
In April 1988 the Report of the Joint Select Committee on Video Material
was tabled. The Committee was split on non-party lines with varying majorities
for individual recommendations. It recommended a new category to be called
non-violent erotica (NVE) to replace the X category. It noted that many
people were under the misapprehension that X videos contained violence,
child pornography and bestiality. It also recommended a tighter interpretation
of the guidelines by the Film Censorship Board to reduce the level of
violence in all categories. It should be noted that while six of the eleven
members of the Committee voted for a NVE category, only five voted in
favour of transferring the existing X-rated material to the new category.
In June 1988 a meeting of Commonwealth and State censorship ministers
rejected the NVE recommendation, with the States unanimously supporting
the ending of the X category (ie. that X-rated material should be refused
classification). However, in November 1988 the ALP Caucus voted not to
accept this move.
In May 1990 the Attorney-General, Mr Michael Duffy, referred the censorship
legislation to the Australian Law Reform Commission, which reported the
following year. The report, Censorship
Procedure, made numerous recommendations, including draft legislation.
This formed the basis of the Commonwealth Classification
(Publications, Films and Computer Games) Act 1995, which provided
for the new system. The Act contained a single National Classification
Code which had been negotiated between the Commonwealth and the States.
The Code sets out the principles to be followed in classification decisions
and the general criteria for the various classification categories (G,
MA, R, X etc.). The Act took effect on 1 January 1996 at the same time
as supporting State legislation came into force.
A paper by the Attorney-General, the Hon. D. R. Williams AM QC, From
Censorship to Classification provides a good description of the development
of the national system and of Commonwealth censorship policy.
The Classification (Publications, Films and Computer Games) Amendment
Bill (No.2) 1999 introduced into Parliament on the 8 December 1999 would
have removed the 'X' classification for films and videos and create a
new classification - 'NVE' (Non-violent Erotica). The Bill was referred
to the Senate Legal and Constitutional Legislation Committee to determine
the reasons for the change and its possible effects. The Committee reported
in April 2000 and its report is available from the Committee's
home page. The Committee recommended that the Bill be passed without
amendment.
In May 2000 the Government abandoned the NVE proposal, amending the Bill
so that the 'X' classification would be retained. The Attorney-General
issued a news release
announcing the change of policy. The Bill, which also contained a number
of procedural and technical amendments, was passed on 1 March 2001. A
statement by the Attorney-General explaining the changes introduced by
the Classification
(Publications, Films and Computer Games) Amendment Act (No.1) 2001
is available from this page.
A detailed
page on the NVE issue has been prepared by Irene Graham, a civil liberties
activist opposed to censorship. The page contains arguments, links to
related documents and Internet resources.
Under the scheme the enforcement of classification decisions is the responsibility
of the States and Territories, some of which have also reserved certain
censorship powers. The relevant State and Territory legislation is as
follows:
The Office of Film and Literature Classification
was established in 1988 to incorporate the following:
- the Film Censorship Board; and
- the literature censorship function and the censorship policy role
from the Attorney-General's Department.
Under the provisions of the Classification
(Publications, Films and Computer Games) Act 1995, the Film Censorship
Board was replaced by the Classification Board. This body is responsible
for the classification of films, videos, publications and computer games
according to criteria set out in the National Classification Code (part
of the Act) and the Classification Guidelines which are approved by the
Commonwealth, State and Territory Ministers responsible for censorship.
The National Classification Code is contained in a schedule to the Classification
Act. It sets out the principles to be followed in classification decisions
and the general criteria for the various classification categories (G,
MA, R, X etc.).
There are separate Classification Guidelines for film and video, publications
and computer games. These can be accessed from this OFLC page. The Guidelines
contain detailed criteria for each classification category. On 24 August
2001 the State, Territory and Commonwealth censorship Ministers announced a review
of the classification guidelines. A Discussion Paper prepared by the OFLC
is available from this page.
The OFLC web site also provides access to the Annual Reports of the Office
and to a searchable classification
database.
In December 1996 the
Government announced that it would establish Community Assessment
Panels to ensure that classification decisions reflected community standards.
The scheme involves three Panels, each of around twenty people of varying
age and background, who view and classify a selection of films that have
already been classified by the OFLC. The Attorney-General announced an extension
of the scheme in January 1999.
The regulation of program material on radio and television is a Commonwealth
responsibility undertaken through the provisions of the Broadcasting
Services Act 1992. Under Part 9 of the Act the Australian Broadcasting
Authority (ABA) must determine standards relating to programs for children
and the Australian content of programs. Standards relating to other matters
are the subject of Codes of Practice
developed by the commercial broadcasting industry groups and approved
by the ABA. The Codes of Practice must adhere to the criteria set out
in section 123 of the Act. These stipulate that the Codes:
- take into account community attitudes with regard to violence, sex,
offensive language, drugs and the vilification of particular groups;
- apply the film classification system administered by the Classification
Board and ensure that films classified as M or MA are shown only at
designated times.
The ABA is responsible for investigating and reporting on complaints
regarding breaches of the Codes of Practice and other licence conditions.
The ABA Internet site has pages with information on:
The Australian Broadcasting Corporation (ABC) and the Special Broadcasting
Service (SBS) are also obliged to develop Codes or Practice under their
own enabling legislation. Complaints about breaches of their Codes can
also be made to the ABA. If the ABA finds that a complaint was justified,
it can direct the ABC or SBS to comply with the Code or to take other
action such as an apology or retraction. The Codes of Practice for the
national broadcasters can be found at the following pages:
The legislative basis for the regulatory regime for online content is
the Broadcasting
Services Amendment (Online Services) Act 1999. This legislation was
preceded by a number of reports from the Australian Broadcasting Authority
(ABA) and parliamentary committees. A good description of this background,
together with access to the reports, can be found at this ABA
page.
The ABA is responsible for administering the Commonwealth's Internet
censorship regime. The Authority's web page Internet
content regulation provides an overview of the scheme, together with
details on :
- the complaints mechanism under the scheme;
- community education programs;
- research studies on online service regulation, attitudes to the Internet,
and technological developments;
- Internet Codes of Practice;
- information about the scheme for Internet Service Providers and Internet
hosts; and
- international liaison on Internet content regulation.
A number of Parliamentary Committees have published reports on censorship
issues in recent years. The following reports are available online.
From the Senate
Legal and Constitutional Committee:
From the Senate
Select Committee on Information Technologies:
From the former Senate Select Committee on Community Standards Relevant
to the Supply of Services Utilising Electronic Technologies:
There is a substantial body of material online produced by individuals
and interest groups opposed to censorship, particularly of the Internet.
The principal Australian sites in this category are:
The Eros Foundation represents
the Australian adult goods and services industry. Its web site contains
some statistics and a list of around four hundred members of the Foundation
(mostly retail organisations).
Young Media Australia is
a non-profit organisation with the objective of promoting a "quality
media environment for Australian children". Its web site provides
access to a range of materials on the impact of the media on children
and possible regulatory responses.
For copyright reasons some linked items are only available to
Members of Parliament.
|
