RECOMMENDATIONS
Recommendation 1
12.79 The
committee recommends that an express statement should be included in the
National Classification Code which clarifies that the key principles to be applied
to classification decisions must be given equal consideration and must be
appropriately balanced against one another in all cases. Currently, these
principles are:
- adults should be able
to read, hear and see what they want;
- minors should be protected
from material likely to harm or disturb them;
- everyone should be protected from
exposure to unsolicited material that they find offensive;
- community concerns
should be taken into account in relation to:
- depictions that condone
or incite violence, particularly sexual violence; and
- the portrayal of persons
in a demeaning manner.
Recommendation 2
12.80 Further
to Recommendation 1, the committee recommends that the fourth key principle in
the National Classification Code should be expanded to take into
account community concerns about the sexualisation of society, and the
objectification of women.
Recommendation 3
12.81 The
committee notes that there has been no further consideration by the Senate of
the Senate Environment, Communications and the Arts Committee's 2008 report, Sexualisation
of children in the contemporary media. The committee recommends that the
Senate should, as a matter of urgency, establish an inquiry to consider the
progress made by industry bodies and others in addressing the issue of
sexualisation of children in the contemporary media; and, specifically, the
progress which has been made in consideration and implementation of the
recommendations made in the Sexualisation of children in the contemporary
media report.
Recommendation 4
12.82 The
committee recommends that the Guidelines for the Classification of Films and
Computer Games and the Guidelines for the Classification of Publications
2005 should be revised so that the preamble to both sets of guidelines
expressly states that the methodology and manner of decision-making should be
based on a strict interpretation of the words in the respective guidelines.
Recommendation 5
12.83 The
committee recommends that the emphasis on context and the assessment of impact
should be removed as principles underlying the use and application of the Guidelines
for the Classification of Films and Computer Games.
Recommendation 6
12.84 The
committee recommends that the Australian Government introduce Standing
Community Assessment Panels to assist in the determination of community
standards for the purpose of classification decision-making.
Recommendation 7
12.85 The
committee recommends that the classification of artworks should be exempt from
application fees.
Recommendation 8
12.86 The
committee recommends that the Australian Government, through the Standing
Committee of Attorneys-General, pursue with relevant states the removal of the
artistic merit defence for the offences of production, dissemination and
possession of child pornography.
Recommendation 9
12.87 The
committee recommends that provision be made in the Classification Act 1995
for an exemption for cultural institutions, including the National Film and
Sound Archive, to allow them to exhibit unclassified films. This exemption should
be subject to relevant institutions self-classifying the material they exhibit
and the Classification Review Board providing oversight of any decisions in
that regard.
Recommendation 10
12.88 The
committee recommends that the Australian Government take a leadership role
through the Standing Committee of Attorneys-General in requesting the referral
of relevant powers by states and territories to the Australian Government to
enable it to legislate for a truly national classification scheme.
Recommendation 11
12.89 In
the event that a satisfactory transfer of powers by all states and territories
is not able to be negotiated within the next 12 months, the committee
recommends that the Australian Government prepare options for the expansion of
the Australian Government's power to legislate for a new national
classification scheme.
Recommendation 12
12.90 The
committee recommends that, as a matter of priority, the Standing Committee of
Attorneys-General should consider the development of uniform standards for the
display and sale of material with a Restricted classification.
Recommendation 13
12.91 The
committee recommends that:
- Category 1 and 2 Restricted
publications, and R18+ films, where displayed and sold in general retail
outlets, should only be available in a separate, secure area which cannot be
accessed by children; and
- the exhibition, sale, possession and
supply of X18+ films should be prohibited in all Australian jurisdictions.
Recommendation 14
12.92 The
committee recommends that, as a matter of priority, the Commonwealth and the
states and territories should establish a centralised database to provide for
information-sharing on classification enforcement actions.
Recommendation 15
12.93 The
committee recommends that the Classification Liaison Scheme should
substantially increase its compliance and audit-checking activities in relation
to, for example, compliance with serial classification declaration
requirements.
Recommendation 16
12.94 The
committee recommends that the Classification Liaison Scheme should have at
least one representative in each state and territory.
Recommendation 17
12.95 The
committee recommends that the Classification Liaison Scheme should be charged
with responsibility for establishing and maintaining the centralised database
to provide for information-sharing on classification enforcement actions, as
proposed in Recommendation 14.
Recommendation 18
12.96 The
committee recommends that the Classification Liaison Scheme should provide
assistance to state and territory law enforcement agencies in relation to
enforcement actions for failure to respond to call-in notices issued by the
Director of the Classification Board.
Recommendation 19
12.97 The
committee recommends that more detailed information should be included in the Attorney-General's
annual report about the operations of the Classification Liaison Scheme.
Recommendation 20
12.98 The
committee recommends that the Australian Government should increase the size
of, and commensurate funding to, the Classification Liaison Scheme as a matter
of priority.
Recommendation 21
12.99 The
committee recommends that the Australian Government should, through the
Standing Committee of Attorneys-General, signal its intention to make
enforcement actions for failing to respond to call-in notices a matter of
priority.
Recommendation 22
12.100 The
committee recommends that, to the extent possible, the National Classification
Scheme should apply equally to all content, regardless of the medium of
delivery.
Recommendation 23
12.101 The
committee recommends that industry codes of practice under current
self-regulatory and co-regulatory schemes, including those under the Broadcasting
Services Act 1992, the ARIA/AMRA Labelling Code and the advertising
industry, should be required to incorporate the classification principles,
categories, content, labelling, markings and warnings of the National
Classification Scheme. The adoption of these measures by industry should be
legally enforceable and subject to sanctions.
Recommendation 24
12.102 The
committee recommends that industry bodies wishing to exercise classification
decision-making functions should be required to be accredited by the Australian
Government.
Recommendation 25
12.103 The
committee recommends that the Classification Board should be responsible for
the development of a content assessor's accreditation, including formalised
training courses for all industries covered under the National Classification
Scheme.
Recommendation 26
12.104 The
committee recommends that the accreditation of content assessors should be
subject to disqualification as a result of poor performance.
Recommendation 27
12.105 The
committee recommends that transgressions of classification requirements within
codes of practice by industry participants should, if verified by the
Classification Board, be punishable by substantial monetary fines.
Recommendation 28
12.106 The
committee recommends that the terms of appointment for members of the
Classification Board and the Classification Review Board should be for a maximum
period of five years, with no option for reappointment.
Recommendation 29
12.107 The
committee recommends that the Australian Government should establish a
'Classification Complaints' clearinghouse where complaints in relation to
matters of classification can be directed. The clearinghouse would be
responsible for:
- receiving complaints and forwarding
them to the appropriate body for consideration;
- advising complainants that their
complaint has been forwarded to a particular organisation for consideration;
and
- giving complainants direct contact
details and an outline of the processes of the organisation to which the
complaint has been forwarded.
Recommendation 30
12.108 The
committee recommends that the Attorney-General should specifically direct the
ALRC to consider, as part of its current review of the National Classification
Scheme, all the findings, proposals and recommendations put forward in this
report.
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