Footnotes

CHAPTER 1 - Introduction

[1]        Journals of the Senate, 16 November 2010, p. 300.

[2]        Intergovernmental Agreement on Censorship, November 1995, item B.

[3]        See Australian Law Reform Commission (ALRC), Review of Censorship and Classification, http://www.alrc.gov.au/inquiries/classification/terms-reference, (accessed 4 May 2011).

[4]        See ALRC, National Classification Scheme Review – Respond to issue paper, http://www.alrc.gov.au/inquiries/classification/respond-issues-papers, (accessed 30 May 2011).

[5]        See House of Representatives Social Policy and Legal Affairs Standing Committee, Inquiry into the regulation of billboards and outdoor advertising, https://www.aph.gov.au/house/committee/spla/outdoor%20advertising/index.htm, (accessed 30 May 2011).

[6]        Clare Kermond, 'When sex doesn't sell', The Age, 25 March 2011, p. 8.

[7]        See Department of Broadband, Communications and the Digital Economy, Convergence Review, http://www.dbcde.gov.au/digital_economy/convergence_review, (accessed 30 May 2011).

[8]        Department of Broadband, Communications and the Digital Economy, Convergence Review Framing Paper, April 2011, http://www.dbcde.gov.au/__data/assets/pdf_file/0019/133903/Convergence_Review_Framing_Paper.pdf, (accessed 30 May 2011).

[9]        Committee Hansard, 27 April 2011, p. 35.

[10]      Senator the Hon. Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, 'Outcome of Consultations on Transparency and Accountability for ISP filtering of RC content', Media Release, 9 July 2010, available at http://www.minister.dbcde.gov.au/media/media_releases/2010/068, (accessed 30 May 2011).

[11]      Committee Hansard, 27 April 2011, p. 34.

[12]      The resolution for appointment of the Joint Select Committee for Cyber-Safety was passed in the House of Representatives on 29 September 2010 and by the Senate on 30 September 2010.

[13]      See the Joint Select Committee for Cyber-Safety's website, https://www.aph.gov.au/house/committee/jscc/index.htm, (accessed 30 May 2011).

[14]      See Attorney-General's Department, An R18+ Classification for Computer Games, http://www.ag.gov.au/gamesclassification, (accessed 30 May 2011).

[15]      Daniel Wills, 'Battle on for game ratings', Adelaide Advertiser, 17 March 2011, p. 27.

[16]      Melissa Fyfe, 'Censorship showdown, Victoria rejects R rating for video games', Sunday Age, 3 April 2011, p. 1.

[17]      See Australian Government, Proposed Draft Guidelines for R18+ Computer Games, http://www.classification.gov.au/www/cob/classification.nsf/Page/InformationCentre_ProposeddraftGuidelinesforR18+ComputerGames, (accessed 1 June 2011).

CHAPTER 2 - History of censorship and classification in Australia

[1]        Customs Act 1901, para. 52(c).

[2]        For example, the Obscene and Indecent Publications Act 1901 (NSW), and the Police Offences Act 1890 (Vic).

[3]        Customs (Cinematograph Films) Regulations, No. 40 of 1917.

[4]        Customs (Cinematograph Films) Regulations 1917, Statutory Rule No. 40.

[5]        Customs (Cinematograph Films) Regulations 1919, Statutory Rule No. 137.

[6]        Customs (Cinematograph Films) Regulations 1928, Statutory Rule No. 132; the Commonwealth Film Censorship Board became part of the newly formed Office of Film and Literature Classification in 1988.

[7]        Harry Whitmore, 'Obscenity in Literature: Crime or Free Speech', Sydney Law Review, vol. 4. no. 2, 1963, p 179.

[8]        That is, works of prima facie literary, artistic or scientific merit, but not publications in general. See: Australian Parliament, Agreement between the governments of the Commonwealth and of the states of Australia in relation to the administration of laws relating to blasphemous, indecent or obscene literature, Parl. Paper 157, Canberra, 1968.

[9]        Australian Parliament, Agreement between the governments of the Commonwealth and of the states of Australia in relation to the administration of laws relating to blasphemous, indecent or obscene literature, Parl. Paper 157, Canberra, 1968.

[10]      Australian Parliament, Agreement between the governments of the Commonwealth and of the states of Australia in relation to the administration of laws relating to blasphemous, indecent or obscene literature, Parl. Paper 157, Canberra, 1968.

[11]      Crowe v Graham (1968) 121 CLR 375 at 379.

[12]      The Hon. Don Chipp MP, Minister for Customs and Excise, House of Representatives Hansard, 11 June 1970, pp 3372–6.

[13]      Such reasons were published in the Film Censorship Board's Film censorship bulletin from May 1970 to January 1973.

[14]      Gareth Griffith, Censorship in Australia: Regulating the Internet and other recent developments, Briefing Paper, No. 4/02, NSW Parliamentary Library Research Service, March 2002, p. 6.

[15]      'Ministerial meeting on censorship, 24 January 1974', Australian Government Digest, vol. 2, no. 1, 1974, pp 38–9.

[16]      'Ministerial meeting on censorship, 24 January 1974', Australian Government Digest, vol. 2, no. 1, 1974, pp 38–9.

[17]      Senator the Hon. Gareth Evans, Attorney-General, Senate Hansard, 4 April 1984, pp 1179–86.

[18]      Classification of Publications Ordinance 1983 (ACT), para. 25(4)(b).

[19]      Senator the Hon. Gareth Evans, Attorney-General, Senate Hansard, 4 April 1984, pp 1179–86.

[20]      Senator the Hon. Gareth Evans, Attorney-General, Senate Hansard, 4 April 1984, pp 1179–86.

[21]      See Gareth Griffith, Censorship in Australia: Regulating the Internet and other recent developments, Briefing Paper, No. 4/02, NSW Parliamentary Library Research Service, March 2002, p. 10.

[22]      Australian Law Reform Commission, Report No. 55: Censorship Procedure, September 1991, para. 1.11, pp 5–6.

[23]      The Hon. Daryl Williams AM QC MP, 'From Censorship to Classification: An Address by the Attorney-General the Hon Daryl Williams AM QC', Murdoch University Electronic Journal of Law, vol. 4, no. 4, December 1997, para. 17.

[24]      The Hon. Daryl Williams AM QC MP, 'From Censorship to Classification: An Address by the Attorney-General the Hon Daryl Williams AM QC', Murdoch University Electronic Journal of Law, vol. 4, no. 4, December 1997, para. 16.

CHAPTER 3 - National Classification Scheme

[1]        Australian Government, National Classification Scheme, http://www.classification.gov.au/www/cob/classification.nsf/Page/ClassificationinAustralia_NationalClassificationScheme, (accessed 4 May 2011). 

[2]        Intergovernmental Agreement on Censorship, item B.

[3]        Intergovernmental Agreement on Censorship, item C.

[4]        Section 23 of the Australian Capital Territory (Self-Government) Act 1988 reserved to the Commonwealth the right to make laws for 'the classification of materials for the purposes of censorship' in the ACT, to ensure that a national censorship scheme is preserved.

[5]        Classification Act 1995, s. 3.

[6]        Attorney-General's Department, Submission 46, p. 1.

[7]        This number was increased from 20 in 2007 (Classification (Publications, Films and Computer Games) Amendment Regulations 2007 (No. 2), SLI 2007/244).

[8]        Classification Act 1995, ss. 48(2).

[9]        Classification Act 1995, ss. 48(3) and 51(3).

[10]      Classification Act 1995, s. 57.

[11]      Australian Government, Classification Board, http://www.classification.gov.au/www/cob/classification.nsf/Page/ClassificationinAustralia_Whoweare_ClassificationBoard_ClassificationBoard, (accessed 26 May 2011).

[12]      Classification Act, s. 29; this approval process is rarely used (Attorney-General's Department, Review of Advertising of Unclassified Material under the National Classification Scheme Discussion Paper, August 2006, p. 6). For many years, different schemes have been in place to obviate the need for the approval of advertisements, including quotas for the number of films able to be advertised before classification. No applications under section 29 were received during 2008-09 and 2009-10.

[13]      Classification Act 1995, s. 87A.

[14]      Classification Act 1995, s. 20; the G-rating (general) is discussed in more detail later in the chapter. Consumer advice is not provided for films or games that are Refused Classification. The Classification Board, while not required to, has the option of providing consumer advice for G-rated films and games, and for unrestricted publications if it so chooses.

[15]      Australian Government, Consumer advice, http://www.classification.gov.au/www/cob/classification.nsf/Page/Classification_in_AustraliaWhat_we_do#Consumer, (accessed 9 May 2011); consumer advice is designed to let consumers know which classifiable elements (described below) have led to the classification.

[16]      See, for example, Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW), s. 15, s. 20-22 and s. 34.

[17]      See Part 7 of the Classification Act 1995.

[18]      Classification Act 1995, s. 42.

[19]      Classification Act 1995, s. 78 and s. 87B.

[20]      Australian Government, Classification Review Board, http://www.classification.gov.au/www/cob/classification.nsf/Page/ClassificationinAustralia_Whoweare_ReviewBoard_ReviewBoard, (accessed 6 May 2011).

[21]      Classification Act 1995, ss. 7(1).

[22]      Classification Act 1995, s. 5.

[23]      Before 1995, the classification of publications was voluntary, with publishers and vendors running the risk of prosecution if they dealt in publications later found to be classified at a high level.

[24]      Attorney-General's Department, Submission 46, p. 2.

[25]      Attorney-General's Department, Submission 46, p. 2.

[26]      Classification Board, Annual Report 2008-09, p. 20. Serial publication declarations are discussed further in Chapter 4.

[27]      Classification Act 1995, ss. 7(2).

[28]      Classification Act, ss. 5B(1).

[29]      See, for example, Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic), Part 8; Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (NSW), s. 51.

[30]      Attorney-General's Department, Submission 46, pp 1-2.

[31]      Classification Act 1995, ss. 7(3).

[32]      Classification Act 1995, ss. 5B(2).

[33]      The Classification (Publications, Films and Computer Games) Regulations prescribe the fees for applications to the Board and the Review Board. The fees were last revised in 2005, although a revised fee schedule is now being considered. More information can be found at http://www.classification.gov.au/www/cob/classification.nsf/Page/IndustryFees_for_Classification, (accessed 20 June 2011).

[34]      Classification Act 1995, s. 11.

[35]      Attorney-General's Department, answers to questions on notice, 6 April 2011. Three Community Assessment Panels were conducted in Sydney, Brisbane and Wagga Wagga between October 1997 and March 1998. A further three panels were conducted in Perth, Adelaide and Bendigo between July 1999 and April 2000.

[36]      Classification Act 1995, s. 9A.

[37]      Classification Act 1995, ss. 9A(3).

[38]      National Classification Code, cl. 1.

[39]      National Classification Code, cl. 2.

[40]      National Classification Code, cl. 3.

[41]      National Classification Code, cl. 4.

[42]      Classification Act 1995, s. 6. The current version of the National Classification Code is a legislative instrument made under the Classification Act 1995. While tabled in the Australian Parliament (and other parliaments), the National Classification Code is not a disallowable instrument.

[43]      The requirements for parliamentary scrutiny and public involvement were discussed in the Senate's report on the 1994 Bill: Senate Select Committee on Community Standards Relevant to the Supply of Services Utilising Electronic Technologies, Report on the consideration of the Classification (Publications, Films and Computer Games) Bill 1994, November 1994.

[44]      Classification Act 1995, s. 12.

[45]      Classification Board, answer to question on notice, received 16 May 2011.

[46]      Guidelines for the Classification of Films and Computer Games, May 2005, http://www.comlaw.gov.au/Series/F2005L01286, (accessed 20 June 2011).

[47]      Guidelines for the Classification of Publications 2005, p. 4.

[48]      Guidelines for the Classification of Publications 2005, p. 6.

[49]      Guidelines for the Classification of Publications 2005, pp 14-15.

[50]      Classification Act 1995, s. 23A and s. 24.

[51]      Part 4 of the Classification Act 1995.

[52]      Classification Act 1995, s. 21A, s. 21AA and s. 21AB.

[53]      Material in this section of the report is, unless otherwise indicated, taken directly from an answer to a question on notice received from the Attorney-General's Department on 6 April 2011.

[54]      Attorney-General's Department, answers to questions on notice, received 6 April 2011.

[55]      Attorney-General's Department, answers to question on notice, received 6 April 2011.

[56]      Attorney-General's Department, answers to question on notice, received 6 April 2011.

[57]      This is further discussed in Chapters 4 and 5.

[58]      Classification Board, Annual Report 2009-10, p. 36.

[59]      See, for example, Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW), s. 20.

[60]      See, for example, Classification Enforcement Act 1995 (NSW), ss. 21(1).

[61]      Classification of Publications Act 1991 (Qld), s. 12.

[62]      See, for example, Classification Enforcement Act 1995 (NSW), Part 2. In New South Wales, the penalty for a corporation which exhibits an MA15+ film in the presence of a minor under 15 is 20 penalty units, or $2,200.

[63]      Australian Government, Compliance for cinemas and other public exhibitors, http://www.classification.gov.au/www/cob/classification.nsf/Page/HowtoComplywithClassificationLaws_ComplianceforCinemasandOtherPublicExhibitors, (accessed 9 May 2011).

[64]      Classification Act 1995, Part 10. There is provision in section 100A for the Indigenous Affairs Minister to consider community requests for the lifting of such a ban.

[65]      See, for example, Classification Enforcement Act 1995 (NSW), s. 6.

[66]      Australian Government, Compliance for sale or hire of computer games, http://www.classification.gov.au/www/cob/classification.nsf/Page/HowtoComplywithClassificationLaws_ComplianceforSaleorHireofComputerGames, (accessed 11 May 2011).

[67]      Australian Government, Compliance for sale or hire of computer games, http://www.classification.gov.au/www/cob/classification.nsf/Page/HowtoComplywithClassificationLaws_ComplianceforSaleorHireofComputerGames, (accessed 11 May 2011).

[68]      Attorney-General's Department, National classification scheme, http://www.ag.gov.au/www/agd/agd.nsf/Page/Classificationpolicy_Nationalclassificationscheme#section9, (accessed 23 December 2010).

[69]      Attorney-General's Department, Annual Report 2009-10, p. 74.

[70]      Classification Act 1995, s. 22A.

[71]      Australian Government, What we do, http://www.classification.gov.au/www/cob/classification.nsf/Page/Classification_in_AustraliaWhat_we_do#Referrals, (accessed 11 May 2011).

CHAPTER 4 - Serial classification declarations and display of Restricted publications

[1]        Attorney-General's Department, Submission 46, p. 2. See also Mr Donald McDonald AC, Classification Board, Committee Hansard, 7 April 2011, p. 60.

[2]        Attorney-General's Department, Submission 46, p. 2. See also Mr Donald McDonald AC, Classification Board, Committee Hansard, 7 April 2011, p. 60.

[3]        Attorney-General's Department, Submission 46, pp 2-3.

[4]        Attorney-General's Department, Submission 46, p. 3.

[5]        Classification Board, answers to questions on notice, received 20 April 2011.

[6]        See, for example, Senate Legal and Constitutional Affairs Legislation Committee, Budget Estimates 2010-2011, Estimates Hansard, 24 May 2010, p. 76; Supplementary Budget Estimates 2010-2011, Estimates Hansard, 18 October 2010, pp 13-14.

[7]        Family Council of Victoria, Submission 22, p. 9.

[8]        Committee Hansard, 25 March 2011, pp 70-71. The committee notes the submission of the Attorney-General's Department (Submission 46, p. 2) and the evidence of the Director of the Classification Board (Committee Hansard, 7 April 2011, p. 60) that the Classification Board currently limits the period for a serial classification declaration to 12 months from the date of the declaration.

[9]        Kids Free 2B Kids, Submission 63, p. 11. This submission is only published in part; hard copies of the remainder of the submission are available from the secretariat upon request.

[10]      Committee Hansard, 27 April 2011, p. 27.

[11]      Australian Christian Lobby, Submission 25, p. 2. See also Media Standards Australia, Submission 21, p. 8.

[12]      Eros Association, Submission 60, p. 10.

[13]      Eros Association, Submission 60, p. 10. See also Mr Donald McDonald AC, Classification Board, Senate Legal and Constitutional Affairs Legislation Committee, Additional Estimates 2010-11, Estimates Hansard, 22 February 2011, p. 35.

[14]      Collective Shout, Submission 65, pp 1-2. See also FamilyVoice Australia, Submission 15,
pp 1–2.

[15]      Australian Christian Lobby, Submission 25, p. 2.

[16]      Media Standards Australia, Submission 21, p. 8.

[17]      Committee Hansard, 7 April 2011, p. 38.

[18]      Australian Christian Lobby, Submission 25, p. 2.

[19]      Catholic Women's League Australia, Submission 11, p. 6.

[20]      Committee Hansard, 27 April 2011, p. 27.

[21]      Ms Irene Graham, Submission 20, p. 2.

[22]      Mr Matthew Whiteley, Submission 19, p. 2.

[23]      Mr Matthew Whiteley, Submission 19, p. 2.

[24]      Attorney-General's Department, Submission 46, p. 4.

[25]      Australian Government, Classification Website, Information for Magazine Retailers, http://classification.gov.au/www/cob/rwpattach.nsf/VAP/(3A6790B96C927794AF1031D9395C5C20)~740+Fact+Sheet+-+Magazine+Retailers+Apr+09+Final+doc.pdf/$file/740+Fact+Sheet+-+Magazine+Retailers+Apr+09+Final+doc.pdf, (accessed 16 May 2011).

[26]      Civil Liberties Australia, Submission 34, p. 36.

[27]      Eros Association, Submission 60, p. 11.

[28]      Salt Shakers, Submission 23, p. 10. See also Family Council of Victoria, Submission 22, p. 9.

[29]      Mr Johann Trevaskis, Submission 32, pp 1-2.

[30]      Ms Irene Graham, Submission 20, p. 3.

[31]      FamilyVoice Australia, Submission 15, p. 3.

[32]      FamilyVoice Australia, Submission 15, p. 3.

[33]      Australian Christian Lobby, Submission 25, p. 3. See also Media Standards Australia, Submission 21, p. 9; Salt Shakers, Submission 23, p. 10.

[34]      Collective Shout, Submission 65, p. 3.

[35]      Collective Shout, Submission 65, p. 4.

[36]      Australian Council on Children and the Media, Submission 44, p. 3.

[37]      Australian Council on Children and the Media, Submission 44, p. 3.

[38]      Australian Christian Lobby, Submission 25, p. 3.

[39]      Kids Free 2B Kids, Submission 63, p. 3.

[40]      Kids Free 2B Kids, Submission 63, p. 3.

[41]      Mr Matthew Whiteley, Submission 19, pp 2-3. See also Ms Irene Graham who, while opposing national standards for the display of Restricted publications, argued that if there is to be a national standard, it should be a standard that has no restrictions other than restrictions applicable to the content of covers: Submission 20, p. 3.

[42]      Civil Liberties Australia, Submission 34, p. 36.

[43]      Committee Hansard, 27 April 2011, p. 21. See also Collective Shout, Submission 65, p. 3.

[44]      See Guidelines for the Classification of Publications 2005, p. 11.

[45]      Submission 60, p. 11. See also Mr Robert Harvey, who submitted that, in his experience, the covers of Restricted material are 'intentionally mild': Submission 9, p. 1.

[46]      Kids Free 2B Kids, Submission 63, p. 17.

[47]      Kids Free 2B Kids, Submission 63, p. 1. The Kids Free 2B Kids submission went on to note at p. 16 that 'illegal' Category 1 magazines will continue to be sold in the public arena because of: a lack of compliance by distributors; the fact that there are not enough resources to enforce the Guidelines for the Classification of Publications 2005; and due to a general lack of awareness by retailers. These issues are considered further in Chapter 6 in relation to enforcement issues.

[48]      Attorney-General's Department, Submission 46, p. 4.

CHAPTER 5 - Restricted films

[1]        National Classification Code, cl. 3, item 2.

[2]        X18+ and R18+ classifications only apply to films and not to computer games.

[3]        Guidelines for the Classification of Films and Computer Games, p. 12.

[4]        Guidelines for the Classification of Films and Computer Games, p. 11.

[5]        Guidelines for the Classification of Films and Computer Games, p. 11.

[6]        Australian Council on Children and the Media, Submission 44, p. 5.

[7]        Committee Hansard, 25 March 2011, pp 66-67. See also Family Council of Victoria, Submission 22, p. 7, which noted the 'creep downwards' resulting in today's G and PG categories containing elements that only a few years ago were M or even MA15+.

[8]        Committee Hansard, 25 March 2011, pp 77-78.

[9]        Collective Shout, Submission 65, p. 9.

[10]      Collective Shout, Submission 65, p. 10.

[11]      Attorney-General's Department, Submission 46, p. 10.

[12]      Attorney-General's Department, Submission 46, p. 10.

[13]      Attorney-General's Department, Submission 46, p. 10. The Attorney-General's Department's submission noted that the applications for classification relate to the same film with minor edits and changes to the running times.

[14]      Attorney-General's Department, Submission 46, p. 10.

[15]      Attorney-General's Department, Submission 46, p. 10.

[16]      Committee Hansard, 27 April 2011, p. 37.

[17]      FamilyVoice Australia, Submission 15, p. 10.

[18]      FamilyVoice Australia, Submission 15, p. 11.

[19]      Collective Shout, Submission 65, p. 9.

[20]      Collective Shout, Submission 65, p. 10, quoting from Melinda Tankard Reist, Crikey, 23 February 2009, http://www.crikey.com.au/2009/02/23/comments-corrections-clarifications-and-cckups/, (accessed 23 May 2011).

[21]      Collective Shout, Submission 65, p. 10. See also FamilyVoice Australia, Submission 15, p. 12.

[22]      Mr Johann Trevaskis, Submission 32, p. 3.

[23]      Attorney-General's Department, Submission 46, p. 11.

[24]      An '18 certificate' classification means no one younger than 18 may see the film in a cinema or rent or buy the video: see British Board of Film Classification website, at: http://www.bbfc.co.uk/classification/guidelines/18-2/, (accessed 8 June 2011).

[25]      Attorney-General's Department, Submission 46, p. 11.

[26]      Life, Marriage and Family Centre, Catholic Archdiocese of Sydney, Submission 8, p. 3.

[27]      Catholic Women's League Australia, Submission 11, p. 7.

[28]      Committee Hansard, 25 March 2011, p. 7. See also Family Council of Victoria, Submission 22, pp 8–9.

[29]      Ms Irene Graham, Submission 20, p. 4. See also Mr Matthew Whiteley, Submission 19, p. 5.

[30]      Mr Matthew Whiteley, Submission 19, p. 5.

[31]      Mr Matthew Whiteley, Submission 19, p. 5.

[32]      Salt Shakers, Submission 23, p. 9.

[33]      Media Standards Australia, Submission 21, p. 10.

[34]      Classification (Publications, Films and Computer Games) Act 1995 (SA), ss. 40A(2). The notice must be printed in legible type of at least 15 millimetres in height and of a colour that contrasts with the background colour of the notice.

[35]      Classification (Publications, Films and Computer Games) Act 1995 (SA), paras. 40A(1)(a) and (b).

[36]      See FamilyVoice Australia, Submission 15, p. 5; Australian Christian Lobby, Submission 25, p. 3; Media Standards Australia, Submission 21, p. 10. See also Collective Shout, Submission 65, p. 4, which recommended that R18+ films should only be available for sale and distribution from a 'secure, physically separated area to ensure no children can enter the area'.

[37]      Media Standards Australia, Submission 21, p. 11.

[38]      Committee Hansard, 7 April 2011, p. 38.

[39]      Ms Irene Graham, Submission 20, pp 2–3.

[40]      Northern Territory Government, Little Children are Sacred, Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse, 2007.

[41]      FamilyVoice Australia, Submission 15, p. 8. See also Media Standards Australia, Submission 21, p. 14; Australian Christian Lobby, Submission 25, p. 6; Collective Shout, Submission 65, p. 7.

[42]      Collective Shout, Submission 65, p. 7. See also FamilyVoice Australia, Submission 15, p. 8.

[43]      Collective Shout, Submission 65, p. 7; FamilyVoice Australia, Submission 15, p. 8.

[44]      See, for example, the Hon. Nick Goiran MLC, Member of the Western Australian Legislative Council, and Mr Peter Abetz MLA, Member of the Western Australian Legislative Assembly, Submission 36, pp 5-6. See also Media Standards Australia, Submission 21, pp 13-14.

[45]      FamilyVoice Australia, Submission 15, pp 8-9. The committee notes that the paper referred to does not claim that pornography is the only factor in children becoming sexually abusive.

[46]      Australian Christian Lobby, Submission 25, p. 7.

[47]      Ms Irene Graham, Submission 20, pp 3-4. Emphasis in original.

[48]      Eros Association, Submission 60, p. 15. See also Mr Robert Harvey, Submission 9, p. 2.

[49]      Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (ACT), ss. 9(2). For the purposes of the ACT legislation, the 'prescribed areas' are set out in the Classification (Publications, Films and Computer Games) (Enforcement) Regulation 1995 (ACT), s. 2.

[50]      Classification (Publications, Films and Computer Games)(Enforcement) Act 1995 (ACT), s. 22.

[51]      Classification of Publications, Films and Computer Games Act (NT), s. 49.

[52]      See Classification (Publications, Films and Computer Games) Act 1995 (Cth), Part 10. For the purposes of the Northern Territory National Emergency Response, the 'prescribed areas' are defined in section 4 of the Northern Territory National Emergency Response Act 2007.

[53]      See: Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW), s. 6; Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic), s. 8 and s. 15; Classification (Publications, Films and Computer Games) Enforcement Act 1995 (Tas), s. 22 and s. 36; Classification (Publications, Films and Computer Games) Enforcement Act 1996 (WA), s. 69 and s. 73; Classification of Films Act 1991 (Qld), s. 37 and s. 39; Classification (Publications, Films and Computer Games) Act 1995 (SA), s. 30 and s. 38.

[54]      Eros Association, Submission 60, p. 4. The exception to this is that the possession of X18+ material is prohibited in prescribed areas of the Northern Territory.

[55]      FamilyVoice Australia, Submission 15, p. 8.

[56]      Australian Christian Lobby, Submission 25, p. 7.

[57]      Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, 25 March 2011, p. 12. See also Mrs Roslyn Phillips, FamilyVoice Australia, Committee Hansard, 25 March 2011, pp 76-77, who indicated that FamilyVoice Australia has made many submissions to the Australian Government and various state government inquiries, but has not directly approached the Northern Territory Government on this issue. 

[58]      Committee Hansard, 27 April 2011, p. 30.

[59]      Committee Hansard, 27 April 2011, p. 30.

[60]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

CHAPTER 6 - Enforcement of the classification system and interaction of the National Classification Scheme with Customs regulations

[1]        Attorney-General's Department, Submission 46, p. 4.

[2]        Attorney-General's Department, Submission 46, p. 4.

[3]        Australian Customs and Border Protection Service, Submission 10, p. 4.

[4]        Attorney-General's Department, Submission 46, pp 5-6. See Classification Act 1995, s. 23.

[5]        'Publish' is defined in section 5 the Classification Act 1995 to include sale, offer for sale, let on hire, exhibit, display, distribute and demonstrate.

[6]        Classification Act 1995, ss. 23A(3). Similar provisions exist in state and territory enforcement legislation: see, for example, Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic) s. 60A. There are also provisions for call-in notices to be issued in respect of computer games: see, for example, Classification Act, s. 24.

[7]        Senate Legal and Constitutional Affairs Legislation Committee, Budget Estimates 2011-2012, Estimates Hansard, 25 May 2011, p. 33.

[8]        See, for example, Senate Legal and Constitutional Affairs Legislation Committee, Budget Estimates 2009-2010, Estimates Hansard, 25 May 2009, p. 84; Supplementary Budget Estimates 2010-2011, Estimates Hansard, 18 October 2010, p. 14; Budget Estimates 2011-2012, Estimates Hansard, 25 May 2011, pp 34-35.

[9]        Senate Legal and Constitutional Affairs Legislation Committee, Additional Budget Estimates 2010-2011, Estimates Hansard, 22 February 2011, p. 32.

[10]      Senate Legal and Constitutional Affairs Legislation Committee, Budget Estimates 2010-2011, Estimates Hansard, 24 May 2010, p. 78.

[11]      FamilyVoice Australia, Submission 15, p. 5.

[12]      Committee Hansard, 27 April 2011, p. 24.

[13]      Eros Association, Submission 60, p. 12.

[14]      Committee Hansard, 27 April 2011, p. 24.

[15]      Australian Christian Lobby, Submission 25, p. 4. See also Media Standards Australia, Submission 21, pp 10-11.

[16]      Australian Christian Lobby, Submission 25, p. 4.

[17]      Attorney-General's Department, Submission 46, pp 4-5.

[18]      Attorney-General's Department, Submission 46, p. 5.

[19]      Senate Legal and Constitutional Affairs Legislation Committee, Budget Supplementary Estimates 2010-2011, Estimates Hansard, 18 October 2010, p. 15.

[20]      Senate Legal and Constitutional Affairs Legislation Committee, Budget Supplementary Estimates 2010-2011, Estimates Hansard, 18 October 2010, p. 15.

[21]      Attorney-General's Department, Submission 46, p. 5.

[22]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[23]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[24]      Committee Hansard, 27 April 2011, p. 21. See also Australian Christian Lobby, Submission 25, p. 4.

[25]      Australian Christian Lobby, Submission 25, p. 4.

[26]      FamilyVoice Australia, Submission 15, p. 5.

[27]      Attorney-General's Department, Submission 46, pp 4 and 6. The Classification Enforcement Forum is a Commonwealth initiative attended by law enforcement and policy representatives from the Commonwealth, the states and territories, the Australian Communications and Media Authority and the Australian Customs and Border Protection Service. Participants exchange information on classification enforcement issues affecting each jurisdiction and explore ways in which shared intelligence could assist enforcement outcomes.

[28]      Committee Hansard, 27 April 2011, p. 36.

[29]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[30]      Ms Irene Graham, Submission 20, p. 3.

[31]      Mr Robert Harvey, Submission 9, p. 2.

[32]      Australian Council on Children and the Media, Submission 44, p. 3.

[33]      Committee Hansard, 25 March 2011, p. 64.

[34]      Salt Shakers, Submission 23, p. 11.

[35]      Arts Law Centre of Australia, Submission 33, p. 9.

[36]      Office of Public Prosecutions Victoria, Submission 14, p. 2.

[37]      Office of Public Prosecutions Victoria, Submission 14, p. 2.

[38]      Office of Public Prosecutions Victoria, Submission 14, p. 3.

[39]      Committee Hansard, 7 April 2011, p. 62.

[40]      Mr Bruce Arnold and Dr Sarah Ailwood, Submission 37, p. 4.

[41]      Attorney-General's Department, Submission 46, p. 5.

[42]      Committee Hansard, 27 April 2011, p. 39.

[43]      Attorney-General's Department, Submission 46, p. 5.

[44]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[45]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[46]      Eros Association, Submission 60, pp 13-14.

[47]      Committee Hansard, 27 April 2011, p. 24.

[48]      Australian Customs and Border Protection Service Annual Report 2009-10, p. 65.

[49]      Australian Customs and Border Protection Service, Submission 10, p. 3.

[50]      Australian Customs and Border Protection Service, Submission 10, pp 1-2.

[51]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[52]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[53]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[54]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[55]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[56]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[57]      Australian Customs and Border Protection Service, Submission 10, p. 2.

[58]      Australian Customs and Border Protection Service, Annual Report 2008-09, p. 81.

[59]      Australian Customs and Border Protection Service, answer to question on notice, received 25 May 2011. Figures represent detections rather than items; *electronic storage includes computer hard drives, USB devices, video and digital camera memory cards and similar goods; **unknown relates to records where the title of the goods is recorded but the media type was not recorded.

[60]      Australian Customs and Border Protection Service, answer to question on notice, received 25 May 2011.

[61]      Australian Customs and Border Protection Service, answer to question on notice, received 25 May 2011.

[62]      Australian Customs and Border Protection Service, answer to question on notice, received 25 May 2011.

[63]      Australian Customs and Border Protection Service, answer to question on notice, received 25 May 2011.

[64]      Australian Customs and Border Protection Service, Submission 10, p. 3.

[65]      Ms Irene Graham, Submission 20, p. 3.

[66]      Ms Irene Graham, Submission 20, p. 3.

[67]      Eros Association, Submission 60, p. 13.

[68]      Eros Association, Submission 60, p. 13.

[69]      Committee Hansard, 25 March 2011, p. 52.

[70]      Salt Shakers, Submission 23, p. 11. See also Family Council of Victoria, Submission 22, p. 10.

[71]      See Civil Liberties Australia, Submission 34, p. 37; Mr Bruce Arnold and Dr Sarah Ailwood, Submission 37, p. 4.

[72]      FamilyVoice Australia, Submission 15, p. 6.

CHAPTER 7 - Artworks, film festivals and 'advocating terrorism'

[1]        Arts Law Centre of Australia, Submission 33, p. 6.

[2]        Arts Law Centre of Australia, Submission 33, p. 6.

[3]        Arts Law Centre of Australia, Submission 33, p. 6.

[4]        Arts Law Centre of Australia, Submission 33, pp 6-7. The Arts Law Centre also noted that an additional fee of $400 applies where priority processing is required. See also the Australian Government Classification website, Fees for classification – Public exhibition films at: http://www.classification.gov.au/www/cob/classification.nsf/Page/Industry_FeesforClassification_FeesforClassification-PublicExhibitionFilms, (accessed 27 May 2011).

[5]        Arts Law Centre of Australia, Submission 33, pp 7-8.

[6]        Attorney-General's Department, Submission 46, p. 8.

[7]        Attorney-General's Department, Submission 46, p. 9. This issue of Art Monthly was ultimately classified Unrestricted with the inclusion of consumer advice recommending that the publication was unsuitable for readers under 15 years of age. The works of Bill Henson, and the issues surrounding his works, are considered later in this chapter.

[8]        See the Australian Government Classification website, Fees for classification – Publications and Serial Declarations at: http://www.classification.gov.au/www/cob/classification.nsf/Page/Industry_FeesforClassification_FeesforClassification-PublicationsandSerialDeclarations, (accessed 27 May 2011).

[9]        Arts Law Centre, Submission 33, p. 8. See also Associate Professor Robert Nelson, Submission 68, p. 16; National Association of Visual Artists, Submission 64, p. 10.

[10]      National Association of Visual Artists, Submission 64, p. 10.

[11]      Other matters to be taken into account under section 11 are: the standards of morality, decency and propriety generally accepted by reasonable adults; the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character; and the persons or class of persons to or among whom it is published, or is intended or likely to be published.

[12]      Arts Law Centre of Australia, Submission 33, p. 11.

[13]      Arts Law Centre of Australia, Submission 33, p. 11. The Arts Law Centre noted that its analysis is based on decisions of the Classification Review Board in relation to films but also some publications. Classification Review Board decisions are published on the government's classification website at http://www.classification.gov.au/www/cob/classification.nsf/Page/Classification_in_AustraliaWho_we_areClassification_Review_Board_Decisions, (accessed 11 June 2011).

[14]      Arts Law Centre of Australia, Submission 33, pp 11-12.

[15]      Mr Bruce Arnold and Dr Sarah Ailwood, Submission 37, pp 4-5. See also Australian Council on Children and the Media, Submission 44, p. 4; Associate Professor Robert Nelson, Submission 68, p. 5.

[16]      Committee Hansard, 7 April 2011, p. 41.

[17]      Salt Shakers, Submission 23, p. 11.

[18]      Office of Public Prosecutions Victoria, Submission 14, p. 4.

[19]      Government of Western Australia, Submission 39, p. 1. See also National Association of Visual Artists, Submission 64, pp 12-13, which suggested that experts could be drawn from senior curators at major art institutions, art academics, well-established artists and reputable gallery owners.

[20]      Associate Professor Robert Nelson, Submission 68, p. 5.

[21]      Paul Bibby, 'Henson exhibition shut down', Sydney Morning Herald, 23 May 2008, p. 3.

[22]      National Association of Visual Artists, Submission 64, p. 25.

[23]      See NSW Sentencing Council, Penalties relating to sexual assault offences in New South Wales, Volume 1, August 2008, p. 78.

[24]      Crimes Act 1900 (NSW), ss. 91H(2). See NSW Sentencing Council Report, p. 78.

[25]      Crimes Act 1900 (NSW), ss. 91H(3). See NSW Sentencing Council Report, p. 78.

[26]      Crimes Act 1900 (NSW), ss. 91G(1) and ss. 91G(2). See NSW Sentencing Council Report,
p. 78.

[27]      Crimes Act 1900 (NSW), ss. 91H(4). See NSW Sentencing Council Report, p. 79.

[28]      D. Marr, The Henson Case, The Text Publishing Company, Melbourne, 2008, pp 122-123.

[29]      D. Marr, The Henson Case, p. 123. The committee also notes that, following the decision by the NSW Police to close the Henson exhibition in Sydney, the Australian Federal Police (AFP) also examined Henson images in the National Gallery of Australia in Canberra. The AFP concluded that no breaches of ACT law relating to child pornography could be established: see N. Towell and L. Minion, 'Our turn: police inspect NGA's Henson works', Canberra Times, 30 May 2008, p. 1; D. Marr, The Henson Case, p. 120.

[30]      D. Marr, The Henson Case, pp 7 and 18-20. The ACMA investigates complaints in relation to online content and determines whether content is 'prohibited content'. This is discussed further in Chapter 8.

[31]      D. Marr, The Henson Case, pp 117-118. The image was hosted on a blog discussion. The AMCA also received a number of complaints about the Henson photographs which appeared on media websites with black bars covering the child's breasts and genitals. The ACMA referred the images in these complaints to the Classification Board, which determined that all the images should be classified G: see D. Marr, The Henson Case, pp 116-117.

[32]      Crimes Amendment (Child Pornography and Abuse Material) Act 2010, Schedule 1, item 9.

[33]      The Hon. Michael Veitch MLC, Parliamentary Secretary, Second Reading Speech, Crimes Amendment (Child Pornography and Abuse Material) Bill 2010, 20 April 2010. The initial recommendation for the removal of the defence of artistic merit was made by the NSW Sentencing Council: see NSW Sentencing Council Report, p. 111. See also NSW Department of Justice and Attorney-General, Report of the Child Pornography Working Party, January 2010, p. 25.

[34]      Crimes Amendment (Child Pornography and Abuse Material) Act 2010, Schedule 1, item 6.

[35]      Crimes Act 1900 (NSW), ss. 91FB(1).

[36]      Crimes Act 1900 (NSW), ss. 91HA(7).

[37]      Crimes Act 1900 (NSW), s. 91G.

[38]      Criminal Code Act 1995 (Cth), Schedule 1, Part 10.6, Division 474, Subdivision D.

[39]      Criminal Code Act 1995 (Cth), s. 474.21 and s. 474.24.

[40]      The Hon. Michael Veitch MLC, Parliamentary Secretary, Second Reading Speech, Crimes Amendment (Child Pornography and Abuse Material) Bill 2010, 20 April 2010.

[41]      Office of Public Prosecutions Victoria, Submission 14, p. 4; Crimes Act 1958 (Vic), ss. 70(3). See also: Criminal Code Act 1899 (Qld), Schedule 1, Criminal Code, ss. 228E(2) which provides that conduct for a genuine artistic purpose where the person's conduct was, in the circumstances, reasonable for that purpose, is a defence to a prosecution for the offences of involving a child in the making of child exploitation material (s. 228A), making child exploitation material (s. 228B), distributing child exploitation material (s. 228C), and possessing child exploitation material (s. 228D); Criminal Code Act 1924 (Tas), Schedule 1, Criminal Code, paragraph 130E(1)(b) which provides that if conduct is for a genuine artistic purpose it is a defence to the offences of involving a person under 18 years in production (s. 130), production (s. 130A), distribution (s. 130B), possession (s. 130C) or accessing (s. 130D) child exploitation material; Criminal Code Act Compilation Act 1913 (WA), Appendix B, Criminal Code, paragraph 221A(1)(c) which provides that if the material is of recognised artistic merit it is a defence to the offences of involving a child in child exploitation (s. 217), the production (s. 218), distribution (s. 219), or possession (s. 220) of child exploitation material; and Criminal Law Consolidation Act 1935 (SA), s. 63C which provides that where the production, dissemination or possession of material constitutes part of a work of artistic merit no offence is committed in relation to the production or dissemination of child pornography (s. 63), the possession of child pornography (s. 63A), and procuring a child to commit an indecent act (s. 63B). Relevant legislation in the Northern Territory and the ACT does not provide for artistic merit defences.

[42]      National Association of Visual Artists, Submission 64, p. 26.

[43]      National Association of Visual Artists, Submission 64, pp 8-9.

[44]      Australian Christian Lobby, Submission 25, p. 5. See also Australian Council on Children and the Media, Submission 44, p. 4.

[45]      Committee Hansard, 27 April 2011, p. 27.

[46]      Family Council of Australia, Submission 22, p. 10.

[47]      Hon Nick Goiran MLC and Mr Peter Abetz MLA, Submission 36, p. 9.

[48]      The Australia Council's Protocols for working with children in art (Protocols) came into effect in January 2009 and were reviewed in 2010. See further: http://www.australiacouncil.gov.au/__data/assets/pdf_file/0016/44314/Working_with_children_in_art_protocols_May_2010.pdf, (accessed 28 May 2011). See also Associate Professor Robert Nelson, Submission 68, p. 3; National Association of Visual Artists, Submission 64, p. 26.

[49]      Protocols for working with children in art, p. 4.

[50]      Bravehearts, Submission 66, p. 4.

[51]      Bravehearts, Submission 66, p. 4.

[52]      Associate Professor Robert Nelson, Submission 68, p. 3.

[53]      Protocols for working with children in art, p. 4. This statement is made specifically in respect of exhibition and performance funded by the Australia Council for contemporary images of fully or partly naked children.

[54]      Arts Law Centre of Australia, Submission 33, p. 8. See also Arts Law Centre of Australia, answer to question on notice, received 15 April 2011, which notes that the works exhibited in the Roslyn Oxley9 gallery in 2010 were classified 'Unrestricted – M, Not recommended for Readers under 15 years'.

[55]      Protocols for working with children in art, p. 3.

[56]      Committee Hansard, 25 March 2011, pp 69-70. Professor Handsley is President of the Australian Council on Children and the Media; however, she prefaced these comments with the statement that her thoughts on this subject arise from her consideration of the issue in her capacity as a professor of law and also from her personal perspectives as a former child model.

[57]      National Association of Visual Artists, Submission 64, p. 17.

[58]      Submission 64, pp 16-17.

[59]      Ms Susan Reid, Submission 4, pp 1 and 3.

[60]      Bravehearts, Submission 66, p. 2.

[61]      National Association of Visual Artists, Submission 64, p. 10.

[62]      Arts Law Centre of Australia, Submission 33, p. 8.

[63]      National Association of Visual Artists, Submission 64, p. 11.

[64]      Catholic Women's League Australia, Submission 11, p. 7.

[65]      Salt Shakers, Submission 23, p. 6.

[66]      Hon Nick Goiran MLC and Mr Peter Abetz MLA, Submission 36, p. 9.

[67]      Classification Act 1995, ss. 5B(1).

[68]      See, for example, Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic), Part 8; Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (NSW), s. 51.

[69]      National Film and Sound Archive, Submission 27, pp 2-3. For an example of this exemption see: Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 (Vic), s. 64, s. 66 and s. 66A. See also Arts Law Centre of Australia, Submission 33, p. 7, which refers to the Victorian legislation in relation to this exemption.

[70]      Committee Hansard, 27 April 2011, p. 2.

[71]      National Film and Sound Archive, Submission 27, p. 2.

[72]      National Film and Sound Archive, Submission 27, p. 2.

[73]      National Film and Sound Archive, Submission 27, p. 3.

[74]      Classification Act 1995, s. 9A.

[75]      Classification Act 1995, ss. 9A(2).

[76]      Classification Act 1995, ss. 9A(3).

[77]      Professor George Williams, Submission 1, p. 2.

[78]      Professor George Williams, Submission 1, Attachment 2, p. 3.

[79]      Professor George Williams, Submission 1, p. 2.

[80]      Professor George Williams, Submission 1, Attachment 1, p. 15.

[81]      Dr Katharine Gelber, Submission 7, p. 1. The Queensland Council for Civil Liberties, Submission 43, p. 6, also advocated the repeal of section 9A.

[82]      Dr Katharine Gelber, Submission 7, p. 1.

[83]      Professor George Williams, Submission 1, Attachment 2, p. 21.

[84]      Dr Katharine Gelber, Submission 7, p. 2.

CHAPTER 8 - Convergence of media in a digital age

[1]        Digital convergence is affecting the television and recorded music industries as well. These industries are discussed in Chapter 9.

[2]        The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 39, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[3]        The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 39, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[4]        The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 41, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[5]        Screen Australia, 'Beyond the Box Office' 2011, answer to question on notice, received 5 May 2011.

[6]        Screen Australia, 'Beyond the Box Office' 2011, answer to question on notice, received 5 May 2011.

[7]        Screen Australia, 'Beyond the Box Office' 2011, answer to question on notice, received 5 May 2011.

[8]        The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 4, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[9]        The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 2, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[10]      The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 27, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[11]      The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 35, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[12]      The Australian Communications and Media Authority, Trends in media use by children and young people, June 2010, p. 27, http://www.acma.gov.au/WEB/STANDARD/pc=PC_312210, (accessed 31 May 2011).

[13]      Department of Broadband, Communications and the Digital Economy, Online content regulation, http://www.dbcde.gov.au/broadband/online_content_regulation, (accessed 10 May 2011).

[14]      Department of Broadband, Communications and the Digital Economy, Online content regulation, http://www.dbcde.gov.au/broadband/online_content_regulation, (accessed 10 May 2011).

[15]      The Australian Communications and Media Authority, Online Regulation, http://www.acma.gov.au/WEB/STANDARD/pc=PC_90154, (accessed 26 May 2011).

[16]      Department of Broadband, Communications and the Digital Economy, Online content regulation, http://www.dbcde.gov.au/broadband/online_content_regulation, (accessed 10 May 2011).

[17]      Attorney-General's Department, Submission 46, p. 14.

[18]      Department of Broadband, Communications and the Digital Economy, Online content regulation, http://www.dbcde.gov.au/broadband/online_content_regulation, (accessed 10 May 2011).

[19]      Criminal Code Act 1995, s. 474.19 and s. 474.22.

[20]      Criminal Code Act 1995, s. 474.29A.

[21]      Classification Act 1995, s. 5.

[22]      Classification Act 1995, s. 5. This does not include a computer game or advertisement for a publication, film or computer game.

[23]      Classification Act 1995, s. 5A.  A computer program that is capable of generating new elements or additional levels of an original game is also defined as a computer game.

[24]      Classification Act 1995, s. 5.

[25]      Telstra, Submission 26, p. 2.

[26]      Telstra, Submission 26, p. 3.

[27]      Telstra, Submission 26, p. 5.

[28]      Australian Home Entertainment Distributors Association, Submission 31, p. 3.

[29]      Australian Home Entertainment Distributors Association, Submission 31, p. 5.

[30]      Interactive Games and Entertainment Association, Submission 38, p. 3.

[31]      Interactive Games and Entertainment Association, Submission 38, p. 8.

[32]      Interactive Games and Entertainment Association, Submission 38, p. 11.

[33]      Australian Mobile Telecommunications Association, Submission 42, p. 2.

[34]      Committee Hansard, 25 March 2011, p. 79.

[35]      Electronic Frontiers Australia, Submission 13, p. 3.

[36]      Electronic Frontiers Australia, Submission 13, p. 2.

[37]      Cyberspace Law and Policy Centre, Submission 54, p. 2.

[38]      Committee Hansard, 27 April 2011, p. 33.

[39]      Committee Hansard, 27 April 2011, p. 34.

[40]      Committee Hansard, 27 April 2011, p. 34.

[41]      Arts Law Centre of Australia, Submission 33, p. 15.

[42]      Ms Irene Graham, Submission 20, p. 4.

[43]      Ms Irene Graham, Submission 20, pp 4-5.

[44]      Arts Law Centre of Australia, Submission 33, pp 15-16.

[45]      Arts Law Centre of Australia, Submission 33, pp 15-16.

[46]      Cyberspace Law and Policy Centre, Submission 54, pp 2-3.

[47]      Senator the Hon. Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, 'Measures to improve safety of the internet for families', Media Release, 15 December 2009.

[48]      Collective Shout, Submission 65, pp 20-21. See also Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, 25 March 2011, p. 3.

[49]      Cyberspace Law and Policy Centre, Submission 54, p. 2.

[50]      Mr Bruce Arnold and Dr Sarah Ailwood, Submission 37, p. 10.

[51]      Committee Hansard, 27 April 2011, p. 34.

[52]      Attorney-General's Department, Submission 46, p. 15.

[53]      Attorney-General's Department, Submission 46, p. 15.

[54]      Research in Motion, Submission 17, p. 5.

[55]      Research in Motion, Submission 17, p. 5.

[56]      Research in Motion, Submission 17, p. 1.

[57]      Australian Mobile Telecommunications Association, Submission 42, p. 4.

[58]      Australian Mobile Telecommunications Association, Submission 42, p. 4.

[59]      Research in Motion, Submission 17, p. 3.

[60]      Australian Mobile Telecommunications Association, Submission 42, p. 4; Research in Motion, Submission 17, p. 5.

[61]      Research in Motion, Submission 17, p. 5.

[62]      Australian Mobile Telecommunications Association, Submission 42, p. 5.

[63]      Australian Mobile Telecommunications Association, Submission 42, p. 5.

[64]      Research in Motion, Submission 17, p. 7.

[65]      Broadcasting Services Act 1992, Schedule 7, clause 15.

[66]      Committee Hansard, 25 March 2011, p. 76.

[67]      Broadcasting Services Act 1992, para. 20(1)(d).

[68]      Telstra, Submission 26, p. 4.

[69]      Telstra, answer to question on notice, received 21 April 2011.

[70]      Telstra, Submission 26, p. 4.

[71]      Telstra, Submission 26, p. 4.

CHAPTER 9 - Television, radio and recorded music

[1]        See, for example, Advertising Standards Bureau, Submission 41, p. 7.

[2]        See, for example, Australian Recording Industry Association (ARIA) and Australian Music Retailers Association (AMRA), Submission 52, p. 2.

[3]        See, for example, Ms Melinda Tankard Reist, Collective Shout, Committee Hansard, 27 April 2011, p. 21. The sexualisation of children and objectification of women are discussed further in Chapter 11.

[4]        See, for example, Media Standards Australia, Submission 21, p. 30.

[5]        See, for example, Professor Elizabeth Handsley, Australian Council on Children and the Media, Committee Hansard, 25 March 2011, p. 64.

[6]        Section 51(v) of the Constitution.

[7]        Broadcasting Services Act 1992 (Cth), ss. 123(1).

[8]        Broadcasting Services Act 1992, ss. 123(3).

[9]        Broadcasting Services Act 1992, s. 123.

[10]      Attorney-General's Department, Submission 46, p. 12.

[11]      Free TV Australia, Submission 50, p. 3.

[12]      Australian Subscription Television and Radio Association (ASTRA), ASTRA Overview, http://astra.org.au/pages/astra-overview, (accessed 26 May 2011).

[13]      See the Australian Broadcasting Corporation Act 1983, ss. 8(1); Special Broadcasting Service Act 1991, ss. 10(1). The codes of practice registered with or notified to the ACMA are available from http://www.acma.gov.au/WEB/STANDARD/pc=PC_300080, (accessed 20 December 2010).

[14]      The Australian Communications and Media Authority, Complaints that need to be made to the broadcaster first, http://www.acma.gov.au/WEB/STANDARD/pc=PC_90139, (accessed 10 May 2011).

[15]      ABC Code of Practice 2004, http://www.abc.net.au/corp/pubs/codeprac04.htm, (accessed 26 May 2011); ABC television program classifications are based on the Guidelines for the Classification of Films and Computer Games.

[16]      The SBS classifications are 'based on the Guidelines for the Classification of Films and Computer Games'. SBS schedules programs, or modifies them, to ensure that they are suitable for broadcast, or broadcast at particular times: SBS, Codes of Practice 2006, http://media.sbs.com.au/home/upload_media/site_20_rand_2138311027_sbscodesofpractice2010.pdf, (accessed 20 December 2010), p. 13.

[17]      Films are classified according to Guidelines for the Classification of Films and Computer Games, while most other programs are classified according to Television Classification Guidelines included in the Code of Practice. Films that would be classified MA15+ because of violence under the Guidelines for the Classification of Films and Computer Games must be classified AV or modified to M level violence or lower: Commercial TV Code of Practice, January 2010, http://www.freetv.com.au/media/Code_of_Practice/2010_Commercial_Television_Industry_Code_of_Practice.pdf, (accessed 20 December 2010), p. 8.

[18]      R18+ movies must be able to be restricted by a disabling device: ASTRA, Codes of Practice 2007, http://www.acma.gov.au/webwr/aba/contentreg/codes/television/documents/stbcodesofpractice2007.pdf, (accessed 20 December 2010), pp 6–10.

[19]      Broadcasting Services Act 1992, s. 122.

[20]      Free TV Australia, Submission 50, p. 4.

[21]      Free TV Australia, Submission 50, p. 4.

[22]      Commercial Television Code of Practice, http://www.freetv.com.au/media/Code_of_Practice/2010_Commercial_Television_Industry_Code_of_Practice.pdf, (accessed 13 June 2011), para. 2.20.

[23]      ASTRA, Submission 24, p. 2.

[24]      ASTRA, Submission 24, pp 2-3.

[25]      ASTRA, Submission 24, p. 3.

[26]      Mrs Roslyn Phillips, FamilyVoice Australia, Committee Hansard, 25 March 2011, p. 78.

[27]      ABC, answer to question on notice, received 13 May 2011.

[28]      Free TV Australia, Submission 50, p. 2.

[29]      Free TV Australia, Submission 50, pp 2–3.

[30]      SBS, answer to question on notice, received on 21 April 2011.

[31]      Australian Christian Lobby, Submission 25, p. 10.

[32]      Mr David Tennant, Submission 70, p. 1.

[33]      Committee Hansard, 7 April 2011, p. 21.

[34]      Free TV Australia, Submission 50, p. 7.

[35]      Committee Hansard, 7 April 2011, p. 24.

[36]      Committee Hansard, 27 April 2011, p. 31.

[37]      Committee Hansard, 27 April 2011, p. 32.

[38]      Australian Christian Lobby, Submission 25, p. 10.

[39]      Mr Gavin Rosser, Submission 62, p. 1.

[40]      Media Standards Australia, Submission 21, p. 23.

[41]      Senate Standing Committee on Environment, Communications and the Arts, Report on the Sexualisation of children in the contemporary media, June 2008, p. 42.

[42]      Australian Christian Lobby, Submission 25, p. 10.

[43]      Committee Hansard, 25 March 2011, p. 71.

[44]      Mr Benjamin Williams, Australian Christian Lobby, Committee Hansard, 25 March 2011, p. 7.

[45]      Free TV Australia, Submission 50, p. 8.

[46]      Free TV Australia, Submission 50, p. 8.

[47]      Free TV Australia, Submission 50, p. 8.

[48]      Free TV Australia, Submission 50, p. 6.

[49]      Committee Hansard, 7 April 2011, p. 25.

[50]      Committee Hansard, 7 April 2011, p. 25.

[51]      FamilyVoice Australia, Submission 15, p. 19.

[52]      Australian Council on Children and the Media, Submission 44, p. 6.

[53]      Media Standards Australia, answer to question on notice, received 21 April 2011.

[54]      Committee Hansard, 7 April 2011, p. 36.

[55]      Committee Hansard, 7 April 2011, p. 36.

[56]      Committee Hansard, 7 April 2011, p. 36.

[57]      The Australian Communication and Media Authority, answer to question on notice, received 13 May 2011.

[58]      ARIA and AMRA, Submission 52, p. 1. The formats specifically mentioned in the code include CDs, cassettes and records. The ARIA/AMRA Recorded Music Labelling Code of Practice (ARIA/AMRA Labelling Code) does not include music videos.

[59]      ARIA, Labelling Code, http://aria.com.au/pages/labelling-code.htm, (accessed 21 December 2010).

[60]      ARIA and AMRA, Submission 52, p. 6.

[61]      ARIA and AMRA, Submission 52, pp. 14-15.

[62]      Mr Ian Harvey, AMRA, Committee Hansard, 25 March 2011, p. 26.

[63]      ARIA and AMRA, Submission 52, p. 2.

[64]      The Hon. Daryl Williams AM QC MP, Attorney-General, House of Representatives Hansard, 17 June 2002, p. 3601.

[65]      ARIA and AMRA, Submission 52, pp 15-17.

[66]      ARIA and AMRA, Submission 52, p. 16.

[67]      ARIA and AMRA, Submission 52, p. 17.

[68]      ARIA and AMRA, Submission 52, p. 17.

[69]      Committee Hansard, 25 March 2011, p. 14.

[70]      Committee Hansard, 25 March 2011, p. 15.

[71]      Committee Hansard, 25 March 2011, p. 15.

[72]      Committee Hansard, 25 March 2011, p. 17.

[73]      Committee Hansard, 25 March 2011, p. 21.

[74]      Committee Hansard, 25 March 2011, p. 23.

[75]      Collective Shout, Submission 65, p. 18; FamilyVoice Australia, Submission 15, p. 20.

[76]      Collective Shout, Submission 65, p. 18.

[77]      ARIA and AMRA, answers to questions on notice, received 29 April 2011.

[78]      Mr Ian Harvey, AMRA, Committee Hansard, 25 March 2011, p. 23.

[79]      Mr Ian Harvey, AMRA, Committee Hansard, 25 March 2011, p. 23.

[80]      Committee Hansard, 25 March 2011, p. 23. However, the committee understands that there are versions of this Cannibal Corpse song where the lyrics of the song are discernable.

[81]      Committee Hansard, 25 March 2011, p. 23.

[82]      ARIA and AMRA, answers to questions on notice, received 29 April 2011.

[83]      ARIA and AMRA, answers to questions on notice, received 29 April 2011.

[84]      FamilyVoice Australia, Submission 15, p. 20.

[85]      Salt Shakers, Submission 23, pp 13-14.

[86]      Salt Shakers, Submission 23, p. 14.

[87]      Salt Shakers, Submission 23, p. 14; FamilyVoice Australia, Submission 15, p. 22.

[88]      Committee Hansard, 25 March 2011, p. 16.

[89]      Telstra, answer to question on notice, received 21 April 2011.

[90]      Committee Hansard, 25 March 2011, p. 18.

[91]      Media Standards Australia, Submission 21, p. 23.

CHAPTER 10 - Self-regulation of the advertising industry

[1]        Australian Association of National Advertisers, Submission 28, p. 4.

[2]        Australian Association of National Advertisers, Submission 28, p. 4.

[3]        Ms Fiona Jolly, Advertising Standards Bureau, Committee Hansard, 27 April 2011, p. 7.

[4]        Australian Association of National Advertisers, Funding of the self regulation system, http://www.adstandards.com.au/self-regulation-system/funding, (accessed 17 December 2010).

[5]        Australian Association of National Advertisers, Submission 28, p. 6.

[6]        Australian Association of National Advertisers, Submission 28, p. 2.

[7]        Advertising Standards Bureau, Codes we administer, http://www.adstandards.com.au/advertisingstandards/codesweadminister/, (accessed 26 May 2011).

[8]        See Australian Association of National Advertisers, Submission 28, Attachment 1 for the full text of the practice notes.

[9]        Australian Association of National Advertisers, Submission 28, p. 17.

[10]      Australian Association of National Advertisers, Submission 28, p. 18.

[11]      Ms Fiona Jolly, Advertising Standards Bureau, Committee Hansard, 27 April 2011, p. 8.

[12]      Outdoor Media Association, Code of Ethics 2009, http://oma.org.au/media/Pdf/Code_of_Ethics_2009.pdf, (accessed 17 December 2010).

[13]      Outdoor Media Association, Submission 57, p. 4.

[14]      Outdoor Media Association, Submission 57, p. 4.

[15]      Australian Association of National Advertisers, Submission 28, p. 4.

[16]      Australian Association of National Advertisers, Submission 28, p. 6.

[17]      Outdoor Media Association, Submission 57, p. 8.

[18]      Outdoor Media Association, Submission 57, p. 8.

[19]      Women's Health Victoria, Submission 16, p. 2. See also Mr Andrew and Mrs Jody van Burgel, Submission 6, p.1; Mr Johann Trevaskis, Submission 32, p. 3.

[20]      Australian Christian Lobby, Submission 25, p. 9.

[21]      Committee Hansard, 25 March 2011, p. 65. See also Australian Council on Children and the Media, Submission 44, p. 5.

[22]      Advertising Standards Bureau, Submission 41, p. 12.

[23]      Committee Hansard, 27 April 2011, p. 10.

[24]      Media Standards Australia, Submission 21, p. 6.

[25]      Committee Hansard, 27 April 2011, p. 23.

[26]      Committee Hansard, 27 April 2011, p. 21.

[27]      Committee Hansard, 27 April 2011, p. 7.

[28]      Committee Hansard, 27 April 2011, p. 9.

[29]      Committee Hansard, 27 April 2011, p. 9.

[30]      Committee Hansard, 27 April 2011, p. 7.

[31]      See, for example, FamilyVoice Australia, Submission 15, p. 17; Kids Free 2B Kids, Submission 63, p. 32.

[32]      See, for example, Australian Association of National Advertisers, Submission 28, p. 6.

[33]      Salt Shakers, Submission 23, p. 13; Anglican Public Affairs Commission, Submission 18, p. 2.

[34]      FamilyVoice Australia, Submission 15, p. 17; Kids Free 2B Kids, Submission 63, p. 32; Australian Christian Lobby, Submission 25, p. 9; Family Council of Victoria, Submission 22, p. 11.

[35]      Australian Christian Lobby, Submission 25, p. 9.

[36]      See Commercial Television Industry Code of Practice 2010, ss. 3.8.8 and ss. 3.8.9.

[37]      FamilyVoice Australia, Submission 15, pp 17-18.

[38]      Ms Charmaine Moldrich, Outdoor Media Association, Committee Hansard, 7 April 2011, p. 8. See also Ms Fiona Jolly, Advertising Standards Bureau, Committee Hansard, 27 April 2011, p. 7.

[39]      Committee Hansard, 7 April 2011, p. 11.

[40]      Committee Hansard, 7 April 2011, p. 11.

[41]      FamilyVoice Australia, Submission 15, p. 14.

[42]      Committee Hansard, 25 March 2011, p. 64.

[43]      FamilyVoice Australia, Submission 15, p. 17.

[44]      FamilyVoice Australia, Submission 15, p. 18; Collective Shout, Submission 65, p. 15; Kids Free 2B Kids, Submission 63, Attachment 2, p. 32.

[45]      Advertising Standards Bureau, Submission 41, p. 4.

[46]      Committee Hansard, 27 April 2011, p. 8.

[47]      Committee Hansard, 27 April 2011, p. 8.

[48]      Committee Hansard, 27 April 2011, p. 7.

[49]      Committee Hansard, 27 April 2011, p. 7.

[50]      Committee Hansard, 27 April 2011, p. 8.

[51]      Committee Hansard, 27 April 2011, p. 9.

[52]      Advertising Standards Board, Case Report, Case Number 0225/10, http://122.99.94.111/cases/0225-10.pdf, (accessed 11 June 2011).

[53]      Ms Fiona Jolly, Advertising Standards Bureau, Committee Hansard, 27 April 2011, p. 10.

[54]      Advertising Standards Bureau, Submission 41, p. 26.

[55]      Committee Hansard, 27 April 2011, p. 7.

[56]      Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, p. 60.

[57]      Advertising Standards Bureau, answers to questions on notice, 6 May 2011.

[58]      Advertising Standards Bureau, answers to questions on notice, 6 May 2011.

[59]      Committee Hansard, 27 April 2011, p. 10.

[60]      Committee Hansard, 7 April 2011, p. 15.

[61]      Media Standards Australia, answer to question on notice, received 21 April 2011.

[62]      Media Standards Australia, answer to question on notice, received 21 April 2011.

[63]      Kids Free 2B Kids, Submission 63, Attachment 2, p. 21.

[64]      Kids Free 2B Kids, Submission 63, Attachment 2, p. 21.

CHAPTER 11 - Sexualisation of children and objectification of women in the media

[1]        Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, p. 3.

[2]        Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, pp v-vii.

[3]        Australian Government, Government Response: inquiry into the sexualisation of children in the contemporary media environment, July 2009, pp 6-8.

[4]        Attorney-General's Department, Submission 46, p. 14.

[5]        Senate Environment, Communications and the Arts Committee, Committee Hansard, 30 April 2008, p. 67.

[6]        Free TV Australia, Submission 50, p. 8.

[7]        Free TV Australia, Submission 50, pp 8-9.

[8]        Committee Hansard, 7 April 2011, p. 26.

[9]        Free TV Australia, Submission 50, p. 9.

[10]      Free TV Australia, Submission 50, p. 9, quoting from Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, p. 36.

[11]      Australian Broadcasting Corporation, Submission 49, p. 3.

[12]      Australian Broadcasting Corporation, Submission 49, p. 3, quoting from sections 11.8 and 11.13.2 of the ABC's Editorial Policies.

[13]      Australian Broadcasting Corporation, Submission 49, p. 3.

[14]      Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, p. 44.

[15]      Australian Broadcasting Corporation, Submission 49, p. 3.

[16]      The Communications Council, Submission 47, p. 7.

[17]      Advertising Standards Bureau, Submission 41, p. 10.

[18]      In this context, "Advertising or Marketing Communications to Children" is defined to mean: 'Advertising or Marketing Communications which, having regard to the theme, visuals and language used, are directed primarily to Children and are for [goods, services and/or facilities which are targeted toward and have principal appeal to Children].' "Children" is defined to mean children 14 years old or younger: Advertising Standards Bureau, Submission 41, p. 10.

[19]      Advertising Standards Bureau, Submission 41, p. 10. "Prevailing Community Standards" is defined in the Children's Code as meaning the community standards determined by the Advertising Standards Board as those prevailing at the relevant time, and based on research carried out on behalf of the Advertising Standards Board as it sees fit, in relation to Advertising or Marketing Communications to Children.

[20]      Advertising Standards Bureau, Submission 41, p. 11.

[21]      Advertising Standards Bureau, Submission 41, p. 11. The Australian Association of National Advertisers (AANA) Code of Ethics provides that "Advertising or Marketing Communications" means (a) matter which is published or broadcast using any Medium in all of Australia or in a substantial section of Australia for payment or other valuable consideration and which draws the attention of the public or a segment of it to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose directly or indirectly the product, service, person, organisation or line of conduct; or (b) any activity which is undertaken by or on behalf of an advertiser or marketer for payment or other valuable consideration and which draws the attention of the public or a segment of it to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose directly or indirectly the product, service, person, organisation or line of conduct.

[22]      Advertising Standards Bureau, Submission 41, p. 11.

[23]      Advertising Standards Bureau, Submission 41, p. 11.

[24]      Advertising Standards Bureau, Submission 41, p. 12.

[25]      Advertising Standards Bureau, Submission 41, pp 11-12.

[26]      Advertising Standards Bureau, Submission 41, pp 13-14.

[27]      Advertising Standards Bureau, Submission 41, p. 14.

[28]      Advertising Standards Bureau, Submission 41, pp 14-15.

[29]      Australian Association of National Advertisers, Submission 28, Appendix 1, p. 3.

[30]      Australian Recording Industry Association (ARIA) and the Australian Music Retailers Association (AMRA), Submission 52, p. 6.

[31]      Mr Ian Harvey, AMRA, Committee Hansard, 25 March 2011, p. 27.

[32]      Women's Health Victoria, Submission 16, p. 3.

[33]      Mr Robert Harvey, Submission 9, p. 3.

[34]      Australian Subscription Television and Radio Association, Submission 24, p. 5.

[35]      Australian Council on Children and the Media, Submission 44, p. 7.

[36]      Senate Environment, Communications and the Arts Committee, Sexualisation of children in the contemporary media, June 2008, p. 1.

[37]      E. Rush and A. La Nauze, Corporate Paedophilia: sexualisation of children in Australia, The Australia Institute, Discussion Paper No. 90, 2006, pp vii-ix.

[38]      E. Rush and A. La Nauze, Letting children be children: stopping the sexualisation of children in Australia, The Australia Institute, Discussion Paper No. 93, 2006, p. 37.

[39]      E. Rush and A. La Nauze, Letting children be children: stopping the sexualisation of children in Australia, The Australia Institute, Discussion Paper No. 93, 2006, p. 38.

[40]      See, for example, Anglican Public Affairs Commission, Submission 18, p. 6; Media Standards Australia, Submission 21, pp 28-29; Collective Shout, Submission 65, p. 11; Media Standards Australia, answers to questions on notice, received 21 April 2011. The committee was also directed to the submission of Professor Catharine Lumby and Dr Kath Albury to the ECA Committee inquiry, which criticised the methodology used in the Corporate Paedophilia report: Mr Matthew Whiteley, Submission 19, pp 7-9. The committee also notes that, since 2006, when the Corporate Paedophilia and Letting Children be children reports were published, there have been changes made to the advertising industry's Children's Code which directly addresses the sexualisation of children in advertising and marketing materials.

[41]      See, for example, FamilyVoice Australia, Submission 15, pp 22-23; Anglican Public Affairs Commission, Submission 18, p. 6; Media Standards Australia, answers to questions on notice, received 21 April 2011.

[42]      Task Force on the Sexualisation of Girls, Report of the APA Task Force on the sexualisation of Girls, American Psychological Association, 2007, p. 35.

[43]      The Advertising Standards Bureau noted in its submission the experience and knowledge that members of the Advertising Board have in relation to social and child psychology, psychiatry and early education. Many Advertising Board members are also parents and grandparents and involved in community organisations working with children and young people. In addition, the Advertising Standards Bureau now conducts research into community standards on a regular basis, to measure whether the Advertising Board’s decisions are in line with community standards: Submission 41, p. 13.

[44]      Advertising Standards Bureau, Research Report: Community Perceptions of sex, sexuality and nudity in advertising, produced by Colmar Brunton Social Research, June 2010, p. 21.

[45]      See, for example, Women's Health Victoria, Submission 16, p. 2; Collective Shout, Submission 65, p. 11.

[46]      Women's Health Victoria, Submission 16, p. 2.

[47]      Collective Shout, Submission 65, p. 11.

[48]      Committee on Women's Rights and Gender Equality, Report on how marketing and advertising affect equality between women and men, European Parliament, A6-0199/2008, 2008, p. 10. 

[49]      Advertising Standards Bureau, Research Report: Community Perceptions of sex, sexuality and nudity in advertising, produced by Colmar Brunton Social Research, June 2010, p. 20.

[50]      Committee Hansard, 27 April 2011, p. 22.

[51]      Ms Irene Graham, Submission 20, p. 4.

[52]      Australian Christian Lobby, Submission 25, p. 11.

[53]      Salt Shakers, Submission 23, pp 14-15. See also Family Council of Victoria, Submission 22, p. 11.

[54]      Women's Health Victoria, Submission 16, p. 5.

[55]      Women's Health Victoria, Submission 16, p. 5.

[56]      Women's Health Victoria, answers to questions on notice, received 12 April 2011.

[57]      Anglican Public Affairs Commission, Submission 18, p. 8.

CHAPTER 12 - Committee view and recommendations

[1]        Intergovernmental Agreement relating to a revised co-operative legislative scheme for censorship in Australia, 28 November 1995, item B.

[2]        Family Council of Victoria, Submission 22, p. 7.          

[3]        See, for example: Mr Ian Harvey, Australian Music Retailers Association, Committee Hansard, 25 March 2011, p. 15; Mr Chris Althaus, Australian Mobile Telecommunications Association, Committee Hansard, 25 March 2011, p. 40; Mr Bruce Arnold and Dr Sarah Ailwood, Committee Hansard, 25 March 2011, pp 81-82; Ms Charmaine Moldrich, Outdoor Media Association, Committee Hansard, 7 April 2011, p. 14; Ms Ann Landrigan, National Film and Sound Archive, Committee Hansard, 27 April 2011, p. 4.

[4]        Committee Hansard, 25 March 2011, pp 4-5.

[5]        Professor Elizabeth Handsley, Committee Hansard, 25 March 2011, p. 69.

[6]        See, for example, Pirate Party, Submission 55, p. 1.

[7]        Australian Christian Lobby, answers to questions on notice, received 20 April 2011.

[8]        Senate Environment, Communications and the Arts Committee, Sexualisation of Children in the Contemporary Media, June 2008, Recommendation 1, p. 3.

[9]        Committee Hansard, 25 March 2011, pp 67-68.

[10]      See Ms Barbara Biggins, Committee Hansard, 25 March 2011, p. 67.

[11]      Attorney-General's Department, answers to questions on notice, received 6 April 2011.

[12]      Attorney-General's Department, answers to questions on notice, received 6 April 2011.

[13]      See Australian Government, National Classification Scheme website at http://www.classification.gov.au/www/cob/classification.nsf/Page/ClassificationinAustralia_NationalClassificationScheme, (accessed 7 June 2011).

[14]      For an example of utilisation of state censorship powers, see Mrs Roslyn Phillips, FamilyVoice Australia, Committee Hansard, 25 March 2011, p. 77, who drew the committee's attention to the decision of the South Australian Classification Council to classify the film Nine Songs as X18+ in South Australia. The Classification Review Board had earlier classified the film R18+.

[15]      National Film and Sound Archive, Submission 27, p. 2, in describing the process of obtaining festival exemptions for each event it intends to show a film at across Australia.

[16]      Committee Hansard, 27 April 2011.

[17]      Attorney-General's Department, answers to questions on notice, received 18 May 2011.

[18]      Arts Law Centre of Australia, answers to questions on notice, received 21 April 2011.

[19]      Mr Lyle Shelton, Australian Christian Lobby, Committee Hansard, 25 March 2011, pp 5-6.

[20]      Committee Hansard, 7 April 2011, p. 62.

[21]      Committee Hansard, 27 April 2011, p. 39.

[22]      Classification Board, answer to question on notice, received 16 May 2011.

[23]      Screen Australia, Submission 56, p. 1.

[24]      Committee Hansard, 7 April 2011, p. 64.

[25]      Dr Jeff Brand, A comparative analysis of ratings, classification and censorship in selected countries around the world, Centre for New Media Research and Education, Bond University, 2003.

[26]      Dr Jeff Brand, A comparative analysis of ratings, classification and censorship in selected countries around the world, Centre for New Media Research and Education, Bond University, 2003, p. 20.

[27]      See Classification Act 1995, ss. 42(1).

[28]      See Classification Act 1995, s. 48 and s. 74.

[29]      See Media Standards Australia, answers to questions on notice, received 21 April 2011, which demonstrated the difficulty that one complainant had in ensuring that their complaint was considered by the appropriate organisation.

[30]      Senate Environment, Communications and the Arts Committee, Sexualisation of Children in the Contemporary Media, June 2008, Recommendation 8, p. 60.

DISSENTING REPORT BY GOVERNMENT SENATORS

[1]        The Hon. Robert McClelland MP, Attorney-General, and the Hon. Brendan O'Connor MP, Minister for Home Affairs and Justice, ' Review of the National Classification Scheme', Joint media release, 21 December 2010.

[2]        The Hon. Robert McClelland MP, Attorney-General, and the Hon. Brendan O'Connor MP, Minister for Home Affairs and Justice, 'Review of National Classification Scheme starts', Joint media release, 24 March 2011.