Guidelines for the Classification of Publications 2005

Guidelines for the Classification of

Publications 2005 as amended made under section 12 of the

Classification (Publications, Films and Computer Games)

Act 1995

This compilation was prepared on 19 March 2008 taking into account amendments up to Guidelines for the Classification of

Publications Amendment 2008 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

GUIDELINES FOR THE CLASSIFICATION OF PUBLICATIONS 2005

Introduction

Certain publications, whether they are locally made or come from overseas, have to be classified before they can be sold, distributed or advertised in Australia.

Classification is undertaken by the Classification Board (the Board), which is located in

Sydney.

The Classification Board (the Board) classifies publications for sale on behalf of New South

Wales, Victoria, South Australia, Queensland, Western Australia, Tasmania and the

Territories. Queensland does not, however, recognise the ‘Restricted’ categories (Category 1

– Restricted and Category 2 – Restricted).

When making its classification decisions, the Board is required to reflect contemporary community standards and must apply criteria which are set out in the National Classification

Code (the Code).

The Code is determined under the Classification (Publications, Films and Computer Games)

Act 1995 (the Classification Act). The Code contains the general principles which form the basis of the Classification Guidelines (the Guidelines).

The Code states:

Classification decisions are to give effect, as far as possible, to the following principles:

Each principle is carefully considered by the Board in the decision making process.

The concept of demeaning spelt out in the Code applies in making decisions across all of the classification categories. It refers to descriptions and depictions, directly or indirectly sexual in nature, which debase or appear to debase the person or the character described or depicted.

The Code names and broadly describes the four classification categories for publications:

Unrestricted

Category 1 - Restricted

Category 2 - Restricted

RC (Refused Classification)

The Guidelines describe in more detail the scope and limits of material suitable for each classification category. Separate guidelines exist for the classification of films (including videos) and computer games. Both the Code and the Guidelines are agreed to by

Commonwealth, State and Territory Ministers with censorship responsibilities.

By law, the Board must apply both the Code and the Guidelines when making classification decisions. The Board must also take into account matters set out in section 11 of the

Classification Act.

The relevant part of section 11 states:

The matters to be taken into account in making a decision on the classification of a publication include:

Brief history

The classification and prohibition of publications was the duty of permanent officers in the

Customs Department until the early 1970’s, when the responsibility for the classification of publications was transferred to the Attorney-General’s Department.

On 1 February 1984 the ACT Classification of Publications Ordinance (COPO) came into effect. The Commonwealth introduced the Ordinance in the ACT as model legislation for the

States and the Northern Territory, covering the sale and hire of videotapes and publications.

Publications were submitted for classification on a voluntary basis and classified under guidelines which covered the classification categories set up under the Ordinance.

In 1992 revised guidelines were drawn up and agreed to by State, Territory and Federal

Ministers responsible for censorship. Since that time the Guidelines have been made publicly available in order to help consumers and industry representatives better understand the classification system.

With the commencement of the Commonwealth Classification Act in January 1996, the

National Classification Code came into effect and the classification of publications became a function of the Classification Board.

These Guidelines have been revised to reflect the criteria of the National Classification Code and community standards.

Consultation process

The Guidelines are revised from time to time in consultation with members of the public, community groups and organisations, including contributors to research. The views of complainants, industry groups and other interested parties are sought. The revised guidelines are scrutinised by a language expert; community input and responses are reviewed by an independent person with expertise in the area of censorship and classification. Once approved by Commonwealth, State and Territory Ministers, the Guidelines must be formally gazetted and tabled in the respective Parliaments.

Guidelines contents and use

Purpose

The Board is legally required to apply both the Code and the Guidelines when making classification decisions. The role of the Guidelines is to amplify the criteria set out in the

Code. Board members are therefore the primary audience for the Guidelines.

The Guidelines are also of interest to, and used by, members of the publications industry and members of the general public.

Objectivity / flexibility

The Guidelines aim to be as objective as possible, while retaining the flexibility needed to accommodate matters such as those set out in section 11 of the Classification Act.

In describing classification criteria, the Guidelines sometimes use language which can be interpreted in a number of ways. To clarify the way words are used in the Guidelines, a

Glossary of terms is included (see page 18).

Criteria

Each classification category contains a list of the criteria used by the Board when making classification decisions. These criteria relate to such classifiable elements as violence, sex, drug use, nudity, adult themes and coarse language.

Impact

In considering each element, the Board makes classification decisions based on the impact of individual elements and their cumulative effect. Both the content and treatment of elements contribute to the impact. The Board takes into account the concepts underlying individual descriptions and depictions, and assesses factors such as emphasis, tone, frequency, context and the amount of visual or written detail in those descriptions and depictions.

The Guidelines clearly delineate between ‘descriptions’ and ‘depictions’, and in some cases

‘references’, in order to be able to describe, where appropriate, the different impact levels of images and text. Descriptions are representation through text. Generally, they are more detailed and lengthy than references, (which may include, for example, headlines, or captions accompanying photographs). Depictions are representation through image. ‘Realistic depictions’ include photographs; ‘stylised depictions’ include cartoons and other illustrations.

Generally, descriptions of classifiable elements may contain more detail than depictions, if the level of impact does not increase as a result. In general, stylised depictions are considered to have less impact than realistic depictions, especially photographs.

The way in which image, text and concept are combined also contributes to the overall impact, and therefore the classification decision, as does the context in which classifiable elements occur. Context can be established by the general character of the publication itself, by the location and juxtaposition of images and text within the publication, and by the relationship between particular images and text (for example, a caption beneath a photograph).

Age limits

In accordance with the Code, descriptions and depictions of sexual activity are permitted if they involve ‘consenting adults’. Therefore, descriptions and depictions of sexual activity involving minors under 18 generally warrant ‘RC’ classification as they ‘...deal with matters of sex.. in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults’.

Also in accordance with the Code, sexualised descriptions and depictions of nudity involving minors under 18 generally warrant ‘RC’ classification as they ‘...deal with matters of sex... in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults’.

Further, the Code states explicitly that publications which ‘describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under

18 (whether the person is engaged in sexual activity or not)’ will be classified ‘RC’.

Bona fide artworks

Bona fide artworks are not generally required to be submitted for classification as they are not generally considered to be ‘submittable publications’. Bona fide artworks which may offend some sections of the adult community may be classified in the ‘Unrestricted’ category when set in an historical or cultural context.

Levels of Restriction

State and Territory laws require that ‘submittable publications’ (those likely to warrant restriction to adults) must be submitted to the Board for classification before they can legally be sold, distributed or advertised.

Publications considered to be unsuitable for minors and likely to offend some sections of the adult community are classified in the Restricted categories.

However, when making its assessment, the Board may determine that a publication does not warrant restriction to adults. Such publications are classified ‘Unrestricted’. Some publications classified ‘Unrestricted’ may not be recommended for readers under 15 years of age.

Labelling and Consumer advice

In accordance with State and Territory enforcement legislation, all publications that are classified must be appropriately labelled with an official label showing the classification category and relevant consumer advice.

The following labels indicate the classification categories:

UNRESTRICTED

CATEGORY 1 - RESTRICTED

CATEGORY 2 - RESTRICTED

Consumer advice is generally not provided for publications.

However, material classified ‘Unrestricted’ that is not recommended for readers under fifteen years of age will be labelled with an ‘Unrestricted’ label and consumer advice that reads

‘M -Not Recommended for Readers Under 15 Years’.

Public Display

The National Classification Code states that minors should be protected from material likely to harm or disturb them, and that everyone should be protected from exposure to unsolicited material that they find offensive.

Particular attention is therefore paid by the Board to the covers of submittable publications to ensure that they are suitable for display in public.

A publication with a cover considered unsuitable for public display that does not in itself warrant ‘Category 2 – Restricted’ or ‘RC’ classification may be classified ‘Category 1 –

Restricted’ on the basis that the publication is sealed in a plain opaque wrapper.