Australian Classification Board
The Australian Classification Board is an Australian Government statutory body responsible for the classification and censorship of films, video games and publications for exhibition, sale or hire in Australia. The ACB was established in 1970 and was once part of the Office of Film and Literature Classification, which was dissolved in 2006. The Department of Communications and the Arts now provides administrative support to the ACB and decisions made by the ACB may be reviewed by the Australian Classification Review Board. The ACB now operates under the Commonwealth Classification Act 1995.
The ACB does not directly censor material by ordering cuts or changes. However, it is able to effectively censor media by refusing classification and making the media illegal for hire, exhibition and importation to Australia.
The classification system has several levels of "restricted" categories, prohibiting sale, exhibition or use of some materials to those who are under a prescribed age. In 2005, video and computer games became subject to the same classification ratings and restrictions as films, in response to confusion by parents. Despite a line in the National Classification Code stating that "adults should be able to read, hear and see what they want", the adult R18+ classification was not applied to video games in Australia until 1 January 2013.
History
The Australian Classification Board was created in 1970 to classify or rate all films that came into Australia. In the early years of the system, beginning in November 1971, there were four ratings:- G for "general exhibition", carried over from the previous ratings system
- NRC for "not recommended for children under 12"
- M for "mature audiences"
- R for "restricted exhibition"
The Office of Film and Literature Classification was reorganised in 1994, and oversaw the ACB. In 2005 the OFLC was dissolved and supervision of the ACB transferred to the Attorney-General's Department.
The current colour-coded classification markings for films and computer games were introduced in May 2005.
In August 2014, the ACB introduced amendments to allow for the automated classification process employed by the International Age Rating Coalition. This new process reduces the costs of video game developers as they seek to obtain ratings for their products that are distributed digitally online.
Overview
The board operates on a procedure that primarily involves decision-making. The members must communicate their views clearly and appreciate the views of others. Board members would be exposed to a wide range of material, including content that is confronting and offensive. Every film and computer game has to be classified before it can be legally made available to the public. Some publications also need to be classified. Failure to give classification is an implicit ban. It is an offence "to display, demonstrate, sell, hire, publicly exhibit or advertise a film or computer game" without having it classified. Some films and documentaries are exempt from classification unless, if classified, they would be M or above.There are legal age restrictions for the ratings of MA 15+ and R 18+. X 18+ is a special restriction rating for adult content. X 18+ is limited only to films, and the highest rating for video games remains R 18+. Should a game contain content not suitable for or exceeding the boundaries of an R 18+ rating, that game is usually either modified or, rarely, refused classification are merely recommendations and they are not submitted to legal age restrictions. RC material cannot be sold, hired or distributed to any persons. A film or video game's context is crucial in determining whether a classifiable element is justified by the story-line or themes.
The ACB decides what consumer advice accompanies each classification. They indicate the elements in films and computer games which caused the classification and help consumers make choices about what they read, view or play. There are six classifiable elements for films: themes, violence, sex, language, drug use and nudity. Consumer advice appears with the classification symbol on products, packaging and in advertisements. Consumer advice is not given if the element in question would be acceptable at a lower classification.
The ACB also classifies material submitted by the police, the Australian Customs and Border Protection Service and the Australian Communications and Media Authority. The board does not classify live performances, audio CDs and television shows. Television is regulated by the Australian Communications and Media Authority. Film classification also normally applies to Internet streaming services. In January 2019, for the first time, Netflix was given the go-ahead to self-regulate film and television classification on its streaming platform, allowing the company to rank content between G and R18+.
Film and video game classifications
Unrestricted/advisory
The classifications below are unrestricted and may suggest parental advisory, but do not impose any legal restrictions on access to or distribution of material.- Exempt – Only very specific types of material can be exempt from classification, and the material cannot contain anything that exceeds the constraints of the PG classification. The assessment of exemption may be made by the distributor or exhibitor without needing to submit the product for certification by the ACB. Self-assessed exempt films cannot use the official marking although it is advised that films and computer games that are self-assessed as exempt display, "This film/computer game is exempt from classification".
- General – Contains material available for general viewing. This category does not necessarily designate a children's film or game. Although not mandatory at this category, the board may provide consumer information. Consumer advice at G classification usually relates to impacts on very young children. The content is very mild in impact.
- *Themes should have a very low sense of threat or menace, and be justified by context.
- *Violence should have only a low sense of threat or menace, and be justified by context.
- *Sexual activity should be very mild and very discreetly implied, and be justified by context.
- *Coarse language should be very mild and infrequent and justified by context.
- *Drug use should be implied only very discreetly, and be justified by context.
- *Nudity should be justified by context.
- Parental guidance – Not recommended for viewing or playing by people under 15 without guidance from parents or guardians. Contains material that young viewers may find confusing or upsetting. The content is mild in impact.
- *Themes should have a very low sense of threat or menace, and be justified by context.
- *Violence should be mild and infrequent, and be justified by context. Sexual violence is not permitted.
- *Sexual activity should be mild and discreetly implied, and be justified by context.
- *Coarse language should be mild and infrequent, and be justified by context.
- *Sex, nudity and drug use should be mild, infrequent, "discreetly implied" and "justified by context".
- *Drug use and nudity should be justified by context.
- Mature – Recommended for people aged 15 years and over. People under 15 may legally access this material because it is an advisory category. This category contains material that may require a mature perspective, but is not deemed too strong for younger viewers. The content is moderate in impact, although in recent years, the "moderate" indicator prefix is omitted from the consumer advice, e.g. "moderate violence" is referred to as "violence".
- *Themes may have a moderate sense of threat or menace, if justified by context.
- *Moderate violence is permitted, if "justified by context". Sexual violence should be very limited and justified by context.
- *Sexual activity should be discreetly implied, if "justified by context".
- *Coarse Language may be used. Aggressive or strong coarse language should be infrequent and justified by context.
- *Drug use and nudity should be justified by context.
Restricted
- Mature accompanied – Contains material that is considered unsuitable for exhibition by persons under the age of 15. People under 15 may legally purchase, rent, exhibit or view such content only under the supervision of a parent or adult guardian. A person may be asked to show proof of age before renting or purchasing an MA 15+ film or computer game. The content is strong in impact.
- *Realistic violence of medium intensity is permitted. Violent depictions with a "high degree or realism" is accepted only if "justified by context". Stylised violence, however, can be "more detailed".
- *Strong violence is permitted, although if it is bloody and strong it should be "infrequent" or "justified by context".
- *Sexual violence is permitted only if it is "not frequent, gratuitous or exploitative".
- *Sexual activity may be "discreetly implied" or "simulated".
- *Nudity is permitted, but in a sexual context it should "not be exploitative".
- *Frightening or intense scenes should "not disturb a reasonable adult".
- *Aggressive and very strong coarse language may be used but it should "not be exploitative".
- *Drug use may be depicted, but not in an "advocatory manner".
- *Themes, if strong, should be justified by context.
- Restricted – Contains material that is considered unsuitable for exhibition to persons under the age of 18. People under 18 may not legally buy, rent, exhibit or view R 18+ classified content. A person may be asked for proof of their age before purchasing, hiring or viewing an R 18+ film or computer game at a retail store or cinema. Some material classified R 18+ may be offensive to sections of the adult community. The content is high in impact.
- *Realistic and explicit depictions of violence is permitted, but violence that is "frequently gratuitous, cruel, exploitative and offensive to a reasonable adult" is not.
- *Themes can have a "very high degree of intensity" but should not be "exploitative".
- *Sexual violence is permitted only to the extent that it is "necessary to the narrative" and "not exploitative" or "not shown in detail".
- *Sexual activity can be "realistically simulated", but depictions of "actual sexual activity" are not permitted.
- *Drug use can be shown but "not gratuitously detailed" and should also "not be promoted or encouraged". For computer games, drug use related to "incentives and rewards" is not permitted.
- *Nudity in a sexual context should "not include obvious genital contact".
- *Coarse language is virtually unrestricted.
- Restricted – Contains material that is pornographic in nature. People under 18 may not legally buy, rent, possess, exhibit or view these films. The exhibition or sale of these films to people under the age of 18 years is a criminal offence carrying a maximum fine of $5,500. Films classified as X 18+ are banned from being sold or rented in all Australian states and are legally available to purchase only in the Australian Capital Territory and the Northern Territory. Importing X 18+ material from these territories to any other state is legal. The content is sexually explicit, and the rating does not exist for video games.
- *This rating applies to films that "depict unsimulated sexual content only". Depictions of sexual violence, coercion and "sexually assaultive" language are not allowed in the category. Fetishes such as body piercing, "golden showers", bondage, spanking or fisting are also not permitted.
Other labels
- – Contains material that, while being, in most cases, legal to possess, is considered offensive to the standards of morality, decency and propriety generally accepted by a "reasonable adult" to the extent that it should not be classified. Classification is mandatory, and films that are refused classification by the ACB are legally banned for sale, hire or public exhibition, carrying a maximum fine of $275,000 and 10 years in prison if an individual or organisation is found to be in breach of this. It is, however, legal to possess RC films and games for people over 18 unless they contain illegal content. The content is very high in impact.
- * Films and games that exceed the X 18+ and R 18+ ratings are refused classification by the ACB. Content that may be refused classification includes, but is not limited to:
- ** Detailed instruction or promotion in matters of crime or violence.
- ** The promotion or provision of instruction in paedophile activity.
- ** Descriptions or depictions of child sexual abuse or any other exploitative or offensive descriptions or depictions involving a person who is, or appears to be, a child under 18 years.
- ** Gratuitous, exploitative or offensive depictions of:
- *** violence with a very high degree of impact or which are excessively frequent, prolonged or detailed;
- *** cruelty or real violence which are very detailed or which have an extremely high impact;
- *** sexual violence.
- ** Depictions of practices such as bestiality, necrophilia or other practices that are considered revolting or abhorrent.
- ** Gratuitous, exploitative or offensive depictions of:
- *** activity accompanied by fetishes or practices that are offensive or abhorrent;
- *** incest fantasies or other fantasies that are offensive or abhorrent.
- Check the classification – The content has been assessed and approved for advertising unclassified films and computer games. "This film has advertising approval. Check the classification closer to the released date" is usually written on the marking.
- *Any advertising of unclassified films and games must display the CTC message on posters, trailers, on the Internet, and any other types of advertising.
- *Once the content is classified, the classification marking replaces the CTC marking on all advertising material.
Literature ratings
Publication classifications are most commonly applied to magazines with visual depictions of nudity or sexual activity, such as many men's magazines. It is uncommon for these ratings to appear on books, even those dealing with adult themes, except in the most controversial cases.
or
- UnrestrictedThese publications are unrestricted, although they may not be recommended for readers under 15 years.
- Category 1 restrictedThese publications are not available to persons under 18 years. These may contain images of sexualised nudity. They must be distributed in a sealed wrapper. Their covers must be suitable for public display.
- Category 2 restrictedJust like category 1 restricted publications, they are not available to persons under 18 years. However, they contain explicit images of actual sexual activity which are not permissible under category 1, and may only be displayed in sites that are restricted to adults. Therefore, no publications that are likely to be classified category 2 restricted may be displayed in public registered events.
- RCRC publications are banned and cannot be sold or displayed anywhere in Australia.
Controversies
Film
- Pasolini's Salò, or the 120 Days of Sodom has twice been banned in Australia. The Home Affairs Minister, Brendan O'Connor, asked the Classification Review Board to reassess the decision; however, the review failed to find any fault in the classification. The film was banned in 1997, and was released after two failed attempts in September 2010, when the ACB classified an uncut version of Salò R18+, mainly due to extra material providing greater context.
- In 1992, Island World Communications Ltd and Manga Entertainment Australia Ltd had Urotsukidoji: Legend of the Overfiend submitted to the OFLC. It was the first animated feature to be banned in Australia and the feature was banned outright, similar to Violence Jack. Urotsukidoji was then censored to meet the OFLC's standards. The Australian version is the most censored in the Western world. Many fans of anime imported uncensored versions of Urotsukidoji: Legend of the Overfiend from the UK. The rest of the Urotsukidoji series was censored in Australia, with many still importing or downloading the American versions.
- Ninja Scroll was originally released in 1994 in Australia by Manga Entertainment Ltd. It originally had the MA15+ rating on the VHS, but this was overturned in 1997 when Phillip Ruddock had the anime reviewed after an uncut screening of the movie on the SBS. A few months later it was given an R18+ rating and was uncut, then edited again, eventually using the BBFC cut of it. This was overturned in 2003 when Madman Entertainment and Manga Entertainment Ltd. released the uncut version.
- Romance, a new crop within the arthouse genre, which features short scenes of actual sex began to attract closer scrutiny. The film was initially refused classification in Australia, before it was awarded an R18+ on appeal. It single-handedly paved the way for actual sex to be accommodated in the R18+ classification in Australia.
- Baise-moi, a French film about two prostitutes who take violent revenge after being raped. In 2000, the film was classified as R18+. On 25 April 2002, The film was subsequently banned and pulled from cinemas and still remains prohibited in Australia due to exploitative and offensive depictions of sexual violence, extreme violence and depictions of behavior and fetishes that are considered offensive or abhorrent.
- Ken Park, an American film about teenagers that features a scene of autoerotic asphyxiation, amongst other sexually explicit scenes. The ban, however, is actually due to exploitative sexual depiction of minors, which is a criminal offence in Australia. In response to the ban, a protest screening was held which was shut down by the police.
- *Prominent movie reviewer Margaret Pomeranz, former host of The Movie Show on the SBS and now host of At the Movies on ABC, was arrested along with several others after attempting to screen at a hall what she described as "a wonderful film". Tom Gleisner, host of The Panel, openly stated on the show that he had downloaded and watched the film.
- *Former New South Wales Premier Bob Carr stated that he thought the banning of Ken Park and other films was inappropriate, and that his attorney-general, Bob Debus, would discuss changing the laws with other state attorneys-general at an upcoming meeting.
- In October 2017 the classification board was branded as "homophobic" by Luke Buckmaster on flicks.com.au for classifying the film Tom of Finland as R18+ for high impact sexualised imagery and nudity. The board disputed the allegation, stating that it had classified the film in accordance with its published guidelines and that the distributor had sought R18+ conditions for its screenings at the 2017 Scandinavian Film Festival. Buckmaster also compared what he perceived to be the board's heavy-handed approach unfavorably to Netflix, which he argued was permitted to regulate its own content. The board disagreed with this comparison, noting that it was piloting a scheme to streamline the classification of Netflix content in Australia.
Video games
- Grand Theft Auto III was withdrawn from sale for allowing players to have sexual intercourse with prostitutes; the game was later reinstated when this action was removed. Specifically, the player could solicit intercourse from a prostitute, and then kill her. The ability to solicit sex from prostitutes in the game was the action that was removed, but in-game characters and pedestrians could still violently murder them. ' was also pre-censored for the same reasons. Though, in 2010 Vice City was classified uncut again receiving an MA15+ and an uncensored version of GTA 3 was given an R18+ in 2019.
- ' was withdrawn from sale in July 2005 following the revelation that an interactive sex minigame was included in the content files on the game's disc; one could not ordinarily access this, but a third party modification, known as the Hot Coffee mod, allowed the player to access the minigame and the inclusion of the scenes on the game disc took the game outside the MA15+ category. The MA15+ rating was re-instated after a modified version was released worldwide by Rockstar Games, removing the content files for the sex scenes.
- Grand Theft Auto IV was also pre-censored prior to classification and release in the Australian region. In the American release, sexual encounters with prostitutes occur inside the player's vehicle and the player has the ability to rotate the camera for a clearer view of what transpires. In the censored Australian version, the camera is fixed behind the vehicle, which rocks from side to side with accompanying audio effects. It is impossible for the player to view the inside of the car. Rockstar later submitted the uncut version of the game, which went on to receive the same MA15+ rating as its censored counterpart, and a patch was released for the PS3, PC and Xbox 360 to uncensor the game.
- was banned for encouraging gang violence. A version removing the game's arcade mode, cutting down on gore, and with an automatic game over for killing innocents was given an MA15+ rating.
- Fallout 3 was refused classification by the OFLC due to the "realistic visual representations of drugs and their delivery method the 'science-fiction' drugs in line with 'real-world' drugs." A revised version of the game was resubmitted to the OFLC and reclassified as MA15+ on 7 August 2008 after drug names were changed. It was later clarified that the only change done to the final version of the game was the name "morphine" changed to "Med-x". This change was done to all versions worldwide; thus, Australia got the same version of the game as other countries uncut with an MA15+.
Adult (18+) ratings for video games
On 11 August 2010, at a public forum, opposition leader Tony Abbott was asked a question about his views on the absence of an R18+ rating for video games and whether he had any policies relating to the subject, saying, "if what happens with video games is not roughly analogous to what happens in other areas, that seems silly...Instinctively I'm with you, and it's something I'd be happy to look at, if we are in Government." In December 2010, Attorney General Robert McClelland appeared to be moving on this issue following the release of telephone poll results conducted by the Minister for Home Affairs Brendan O'Connor, showing roughly 80% in support of an R18+ classification.
On 22 July 2011, at a meeting of state and territories' attorneys general, an agreement was reached for the introduction of an R18+ classification. It was planned to introduce the rating towards the end of 2011.
On 22 July 2011, a meeting of attorneys-general produced an in-principle agreement to introduce the R18+ classification for video games; however, NSW Attorney-General Greg Smith abstained from the vote. The Home Affairs Minister, Brendan O'Connor, said the federal government would over-ride NSW and implement the R18+ rating regardless of its decision and would be officially available before the end of 2011. On 10 August the NSW Attorney General agreed on the R18+; thus, the rating would be accepted and available to all states before the end of 2011.
As of 1 January 2013, the R18+ rating has been officially implemented for video games although it is apparently not being used to full effect as many games are still being refused classification. Michael Atkinson, who was the South Australian attorney-general until 2010, was a continuous opponent against the introduction of the R18+ classification, and actively blocked the release of a discussion paper until just before his retirement from cabinet that canvassed the opinion of the Australian public on whether or not an R18+ classification should be introduced.
The first game to be released with an R18+ rating was Ninja Gaiden Sigma 2 Plus. The game Saints Row IV became the first game to be refused classification under the new standard on 25 June 2013. State of Decay became the second game to be refused classification less than 24 hours after the first was banned.