Classification Board and Classification Review Board

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Classification Board and Classification Review Board—Reports for 2013-14

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CLASSIFICATION BOARD AND CLASSIFICATION REVIEW BOARD

ANNUAL REPORTS 2013-2014

CLASSIFICATION BOARD AND CLASSIFICATION REVIEW BOARD

ANNUAL REPORTS 2013-2014

ISSN 1327 - 6182

This work is copyright, apart from any use as permitted under the Copyright Act 1968. No part may be reproduced without written permission from the Commonwealth.

Requests and enquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney-General’s Department, 3-5 National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca

General enquiries about the Annual Report can be directed to:

Classification Branch Attorney-General’s Department Levels 5 and 6 23-33 Mary Street SURRY HILLS NSW 2010

Postal Address: Locked Bag 3 HAYMARKET NSW 1240 Telephone 02 9289 7100 Facsimile 02 9289 7101 Internet www.classification.gov.au

iii

CONTENTS

Introduction 1

Overview Of the National Classification Scheme 3

Commonwealth 4

States and territories 5

Other Functions 5

Corporate overview 9

Legislative governance structures 10

Administrative arrangements 11

Establishment and maintenance of appropriate ethical standards 12

Membership 12

Freedom of information 13

Categories of documents 13

Privacy 14

Reports by the Auditor-General 14

Review of the National Classification Scheme 14

Commonwealth Ombudsman 14

CLASSIFICATION BOARD ANNUAL REPORT 2013-14 15

Director’s letter of transmittal 16

Director’s overview 18

Classification Board profiles 22

Temporary Board members 27

Statistics 31

Key achievements 32

Timeliness of decisions 32

Classification Board workload 32

Comparison with last year’s workload 33

Quality decision-making 33

Publications 33

Films classified for public exhibition 34

Films classified for sale/hire 35

Computer games 36

Other applications 37

Classification services for the public good 38

Internet content 39

Decisions 41

Publications 42

Films 44

Computer games 50

Other decisions 56

Correspondence 59

Complaints 60

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14 63

Convenor’s letter of transmittal 64

Introduction 66

Convenor’s overview 67

Classification Review Board profiles 68

Legislative base 71

Decisions of the review board 71

Attendance at review board meetings 73

Complaints 74

Judicial decisions 74

APPENDICES 75

Appendix: National Classification Code 76

National Classification Code 76

Publications 77

Films 78

Computer games 79

Glossary 80

Index 84

TABLES Table 01: Timeliness of decisions on commercial applications by application type 32

Table 02: Decisions 33

Table 03 Commercial (single issue) publications decisions by classification 33

Table 04: Serial classification declarations granted by classification 34

Table 05: Decisions on commercial films classified for public exhibition 35

Table 06: Decisions on commercial films classified for sale/hire 35

Table 07: Commercial films classified for sale/hire Refused Classification (RC) by reason 35

Table 08: Commercial computer games decisions by classification 36

Table 09: Commercial computer games applications Refused Classification (RC) by reason 37

Table 10: Fee waiver applications granted 38

Table 11: Enforcement application decisions by agency 39

Table 12: Internet content decisions by classification 39

Table 13: Internet content Refused Classification (RC) by reason 39

Table 14: Complaints 61

Table 15: Decisions of the Review Board 72

Table 16: Attendance at Review Board meetings 73

Table 17: Composition of panels in 2013-14 73

FIGURES Figure 01: Publication classification decisions 34

Figure 02: Serial publication classification declarations 34

Figure 03: Decisions on films classified for public exhibition 35

Figure 04: Decisions on commercial films classified for sale/hire (including ACA and ATSA) 36

Figure 05: Computer game classification decisions 36

INTRODUCTION

2 2

This report includes the reports of the Classification Board and the Classification Review Board.

Information about the Classification Board and the Classification Review Board is also available on the Australian Classification website at www.classification.gov.au. Guidelines on the classification of films, computer games and publications, as well as the classification database, are on the website. A copy of this report, as well as annual reports from previous years, are also available on the website.

The Classification Branch of the Attorney-General’s Department provides administrative support to both the Classification Board and the Classification Review Board. Further information about the Classification Branch is available in the Attorney-General’s Department Annual Report 2013-14 or at www.ag.gov.au.

OVERVIEW OF THE NATIONAL CLASSIFICATION SCHEME

The National Classification Scheme is a cooperative arrangement between the Commonwealth, states and territories. The Intergovernmental Agreement on Censorship underpins the Scheme.

The Commonwealth’s contribution to the Scheme includes the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (the Classification Act). The Classification Act provides that the Classification Board classifies films, computer games and certain publications. The Classification Act also establishes the review mechanism, the Classification Review Board which, on application, reviews certain decisions made by the Classification Board.

The states and territories enforce classification decisions under their respective classification enforcement legislation. There are also some Commonwealth offence provisions in the Classification Act which are part of the Stronger Futures in the Northern Territory legislation package—formerly known as the Northern Territory Emergency Response.

COMMONWEALTH

The Classification (Publications, Films and Computer Games) Act 1995 (Cth)

The Classification Act establishes the Classification Board and the Classification Review Board. The Boards are independent from government and from each other. The Classification Act requires that, in appointing members of the Classification Board and the Classification Review Board, regard is to be had to the desirability of ensuring that membership of the Boards is broadly representative of the Australian community.

The Classification Act also sets out:

â¢ classification types

â¢ statutory requirements for applications for classification

â¢ powers and functions of the Classification Board and Classification Review Board

â¢ processes for industry assessment of certain material

â¢ provisions for the approval of advertisem*nts for certain products

â¢ statutory criteria for review of classification decisions

â¢ provisions pertaining to reclassification

â¢ provisions pertaining to prohibited material in prohibited material areas.

The Classification Act is available online at www.comlaw.gov.au.

National Classification Code

The Classification Board and the Classification Review Board must make classification decisions in accordance with the Classification Act, the National Classification Code (the Code) and classification guidelines.

The Code lists and broadly describes the classification types. Commonwealth, state and territory ministers with responsibility for classification agree to the Code. The Code is registered on the Federal Register of Legislative Instruments at www.comlaw.gov.au. The Code is available in the Appendix on page 76.

Classification guidelines

The Guidelines for the Classification of Films, Guidelines for the Classification of Computer Games and Guidelines for the Classification of Publications (the Classification Guidelines) are used by the Classification Board and the Classification Review Board to assist them in applying the criteria in the Code by describing the classification types, and setting out the scope and limits of material suitable for each classification type. The classification guidelines are approved by all ministers with responsibility for classification.

OVERVIEW OF THE NATIONAL CLASSIFICATION SCHEME

The classification guidelines are registered on the Federal Register of Legislative Instruments at www.comlaw.gov.au.

There are a range of other determinations, instruments and principles applying to classification and they can be found online on the classification website at www.classification.gov.au or at www.comlaw.gov.au.

STATES AND TERRITORIES

As partners in the National Classification Scheme, each state and territory has classification legislation that complements the Commonwealth Classification Act. The legislation sets out how films, publications and computer games can be sold, hired, exhibited, advertised and demonstrated in that jurisdiction. It prescribes penalties for classification offences and provides for enforcement of classification decisions. Film festivals are also regulated under state and territory legislation. Some jurisdictions have reserved censorship powers.

OTHER FUNCTIONS

In addition to making classification decisions about films, computer games and certain publications, the Director of the Classification Board and the Board perform a number of other functions under the National Classification Scheme.

Exemptions to show unclassified films

Under state and territory enforcement legislation, an organisation or an individual may make an application to show an unclassified film at a film festival or a special event. Exemptions are granted in accordance with Film Festival Guidelines and the relevant classification enforcement legislation in each jurisdiction. A person may also apply for an exemption.

The Director is responsible for approving film festival exemption applications (although some jurisdictions’ legislation provides that either the Director or the relevant state or territory minister may consider exemption applications).

Industry assessors

Applications for classification can be lodged under assessor schemes. None of the assessor schemes are mandatory. Applications may still be made to the Classification Board without using the schemes.

Authorised Assessor Scheme for computer games

The Director may authorise a person who has completed the required training to recommend the classification for a computer game. If a computer game is likely to be classified G General, PG Parental Guidance or M Mature, classification applications can be submitted accompanied by an authorised assessor’s report recommending the classification and consumer advice for the computer game.

Additional Content Assessor Scheme

The Director may also authorise trained persons to assess additional content which accompanies a previously classified or exempt film/s released for sale or hire. These assessors can make a recommendation regarding the classification and consumer advice for the additional content. Additional content includes ‘making of’ documentaries, out-takes and commentaries or interviews with the director or actors. Under the Scheme, additional content does not include television programs, series or computer games.

OVERVIEW OF THE NATIONAL CLASSIFICATION SCHEME

When an application for these types of products is accompanied by a report recommending the classification and consumer advice, the Classification Board considers the recommendation before making a classification decision.

Authorised Television Series Assessor Scheme

The Authorised Television Series Assessor Scheme (the ATSA Scheme) allows trained and authorised assessors to consider films that are one or more episodes of a television series, and any series-related material, and recommend an appropriate classification and consumer advice to the Classification Board.

At least one episode of the television series must have been broadcast in Australia. The ATSA Scheme does not apply to films that would be classified X 18+ Restricted or Refused Classification.

The Advertising of Unclassified Films and Computer Games Scheme

The Advertising of Unclassified Films and Computer Games Scheme (the Advertising Scheme) allows for the advertising of unclassified films and computer games under certain conditions. The conditions are prescribed in the Classification (Advertising of Unclassified Films and Computer Games Scheme) Determination 2009.

Generally, advertising for unclassified films and computer games must display the message ‘Check the Classification’ (or ‘CTC’ in its shortened form).

For certain forms of advertising, once a film or computer game is classified, the advertising message must be removed and be replaced with the classification marking.

Another condition is a ‘commensurate audience’ rule. This means that unclassified films and games, when advertised with already classified material, may only be advertised with material of the same or higher classification. Under the Scheme, appropriately trained and authorised industry assessors assess the likely classification of unclassified films or computer games for this purpose.

The Advertising Scheme includes a number of safeguards and sanctions. These include the Director having powers to revoke or suspend an assessor’s authorisation and prohibit a distributor from advertising their unclassified products for up to three years in certain circ*mstances.

Australian Customs and Border Protection Service

The Australian Customs and Border Protection Service (Customs) is responsible for decisions on the status of material imported into, or exported from, Australia. The Customs (Prohibited Imports) Regulations 1956 (the Prohibited Imports Regulations) prescribe classes of goods that must not be imported into Australia. The Customs (Prohibited Exports) Regulations 1958 (the Prohibited Exports Regulations) prescribe classes of goods that must not be exported from Australia.

Customs can detain or seize any material it believes may contravene Regulation 4A of the Prohibited Imports Regulations or Regulation 3 of the Prohibited Exports Regulations. The criteria in Regulation 4A and Regulation 3 accord with the RC criteria in the Code and the Classification Act.

OVERVIEW OF THE NATIONAL CLASSIFICATION SCHEME

Customs may also apply for classification of items intercepted at the border.

The Director and Deputy Director of the Classification Board are authorised under subregulation 4A(2A) of the Prohibited Imports Regulations and subregulation 3(3) of the Prohibited Exports Regulations to grant requests for permission to import goods to which the Prohibited Imports Regulations apply, or to export goods to which the Prohibited Exports Regulations apply.

Australian Communications and Media Authority

The Classification Board does not classify material that is broadcast on radio or television networks.

The Broadcasting Services Act 1992 (the BSA) establishes a co-regulatory scheme for broadcast services including radio and television relying on codes of practice developed by industry and registered with the Australian Communications and Media Authority (the ACMA). For the purpose of classifying films screened on television, the BSA requires that codes of practice apply the film classification system under the National Classification Scheme which includes the classification guidelines and classification symbols. This is in the interests of consistency of classification information across cinema films, DVDs and television.

Online content is regulated via the BSA which is administered by the ACMA. If the ACMA receives a valid complaint about Australian-hosted online content, or discovers potential prohibited content on its own initiative, the ACMA may, and in some cases must, submit the material to the Classification Board for classification. The ACMA then takes appropriate action in respect of the online content.

CORPORATE OVERVIEW

LEGISLATIVE GOVERNANCE STRUCTURES

The Classification Board

The Classification Board is an independent statutory body consisting of the Director, Deputy Director and other members.

The Classification Board classifies films, computer games and certain publications. The Classification Board also classifies online content on application.

The Director

The Director of the Classification Board has a range of statutory functions under the Classification Act which include:

â¢ managing the administrative affairs of the Classification Board

â¢ convening and presiding at Classification Board meetings

â¢ determining the constitution of the Classification Board for classifying particular products

â¢ determining how decisions are recorded

â¢ arranging the business of the Classification Board

â¢ calling in publications, films and computer games for classification

â¢ determining procedures for the Classification Board, and

â¢ providing the minister with the Classification Board’s annual report.

In addition to the Director’s powers in relation to the Classification Board, the Classification Act confers a number of additional functions and powers on the Director which include:

â¢ approving forms for the purpose of the Classification Act

â¢ providing certificates and notice of decisions, including evidentiary certificates

â¢ authorising industry assessors, and

â¢ determining applications for fee waivers.

The Director and Deputy Director of the Classification Board are authorised to grant permission to import or export prohibited or potentially prohibited goods in accordance with the Customs Prohibited Imports Regulations and Prohibited Exports Regulations.

The Classification Review Board

The Classification Review Board is an independent statutory body established to review decisions of the Classification Board.

See page 63 for more information on the Classification Review Board.

The Convenor

The Convenor of the Classification Review Board has a range of statutory functions under the Classification Act which include:

â¢ managing the administrative affairs of the Classification Review Board

â¢ convening and presiding at Classification Review Board meetings

â¢ determining the constitution of panels of the Classification Review Board to review decisions

â¢ determining how decisions are recorded

â¢ arranging the business of the Classification Review Board, and

â¢ providing the minister with the Classification Review Board’s annual report.

In addition to the Convenor’s powers in relation to the Classification Review Board, the Classification Act confers a number of additional functions and powers which include:

â¢ approving forms for the purpose of the Classification Act

â¢ providing certificates and notice of decisions, including evidentiary certificates, and

â¢ determining applications for fee waivers.

CORPORATE OVERVIEW

ADMINISTRATIVE ARRANGEMENTS

The Attorney-General’s Department (the department) is responsible for the financial management of the operations of the Classification Board and the Classification Review Board.

The Classification Branch of the department is co-located with the Classification Board and Classification Review Board in Sydney. The Classification Branch undertakes the following functions:

â¢ providing policy and operational advice on classification issues to the ministers with classification responsibilities

â¢ providing secretariat services to the Classification Board and the Classification Review Board

â¢ providing classification education and training for industry and government bodies.

Meetings

The Classification Board meets generally weekly to discuss classification decisions and other procedural issues.

Regular meetings also take place between the Director and the Deputy Director to ensure the day-to-day running of the Classification Board is efficient and its decisions comply with all relevant legislation.

The Classification Review Board is a part-time board and convenes only to deal with applications for review.

Effective liaison with the Attorney-General’s Department

The Classification Board and Classification Review Board maintain effective liaison with the department, through both formal and informal meetings and contacts.

Effective liaison with Commonwealth, state and territory ministers with responsibility for classification and officials, industry and the community

The Classification Board maintains effective liaison arrangements with ministers and officials with responsibility for classification, as well as peak industry body representatives and other classification stakeholders. The Classification Board provides information about decisions to interested parties as well as advice to industry assessors to promote professional development on classification issues.

The Classification Review Board provides information to interested parties.

Financial management, accountability and reporting

Classification is carried out largely on a cost recovery basis with fees for classification set in the Classification (Publications, Films and Computer Games) Regulations 2005. Fees for the review of a decision are based on partial cost recovery in order to enable access to reviews of a classification decision while discouraging vexatious or frivolous claims. Revenue from classification fees for 2013-14 is $4 872 961.

Costs and revenue for classification are included in the department’s Annual Report 2013-14. The report is available at www.ag.gov.au.

The Director of the Classification Board and the Convenor of the Classification Review Board are required to report to the Minister for Justice on management of the administrative affairs of the Classification Board and the Classification Review Board in accordance with section 67 and section 85 of the Classification Act respectively.

CORPORATE OVERVIEW

Risk management

Management of risk is undertaken in accordance with the department’s risk management framework and fraud control plan and procedures.

Website

The Australian Classification website address is www.classification.gov.au. Information is tailored to user groups such as the public, industry and law enforcement. Information on the National Classification Database (NCD) incorporates consumer advice in the search results, a classification matrix which shows the strength of all the classifiable elements and a synopsis of public exhibition films and movies on DVD. Information in a range of languages is also available. In 2014-15, the website will be the home of a secure method for industry to lodge applications to the Classification Board and Classification Review Board. In the reporting year, there have been 718 092 visits to the site.

ESTABLISHMENT AND MAINTENANCE OF APPROPRIATE ETHICAL STANDARDS

Ethical standards

The Classification Act provides that full-time members of the Classification Board must not engage in outside employment without the consent of the minister. The minister has delegated the authority to approve secondary employment to the Director of the Classification Board. This requirement does not apply to service in the Australian Defence Force.

The Classification Board has a Code of Conduct for members.

The Classification Act makes provision for the disclosure of potential conflicts of interest by members of both Boards.

External accountability

The Classification Board and Classification Review Board work within an accountability framework which includes parliamentary scrutiny, the Crimes Act 1914, the Freedom of Information Act 1982, the Privacy Act 1988 and the Ombudsman Act 1976.

An application may be made to the Classification Review Board to review a decision of the Classification Board (see Review Board section on page 63).

Decisions by administrative tribunals

An application may be made to the Administrative Appeals Tribunal (the AAT) for review of some of the Director’s and Convenor’s decisions under the Classification Act. In the previous reporting period, one applicant sought a review by the AAT in relation to the Director’s decision to decline a request for permission to import objectionable goods under regulation 4A (2) of the Customs (Prohibited Imports) Regulations 1956. On 21 January 2013, the AAT affirmed the decision of the Director to refuse the permission. The AAT found in favour of the Director on both the merits of the case and on questions of law. On 21 March 2013, the applicant lodged a Notice of Appeal with the Federal Court. The matter was heard on 29 August 2013. The decision of the AAT was set aside and remitted to be heard and decided again by the AAT. On 6 December 2013, the applicant withdrew the matter from the AAT.

MEMBERSHIP

Appointments to the Classification Board and Classification Review Board are made by the Governor-General. It is the responsibility of the Minister for Justice to make recommendations to the Governor-General regarding appointments. Before making such recommendations, the Classification Act requires that the minister consult with state and territory ministers with

CORPORATE OVERVIEW

responsibility for classification about the proposed recommendations. Appointments are made for fixed terms of up to five years and members are eligible for reappointment to a statutory maximum of seven years.

Under section 50 of the Classification Act, the minister may appoint temporary members of the Classification Board if it is necessary to do so for the efficient dispatch of the Classification Board’s business. This function has been delegated to the Director of the Classification Board. During the reporting period, one new member was added to the temporary Board member register.

Sections 66 and 84 provide that the minister may appoint a person to act as a member during a vacancy in the Classification Board and Classification Review Board respectively.

Movements

In August 2013, Mr Zahid Gamieldien took leave from the Classification Board.

Conditions

The Remuneration Tribunal determines the entitlements of Classification Board and Classification Review Board members in relation to remuneration, annual leave and official travel. These determinations are available on the Remuneration Tribunal website at www.remtribunal.gov.au.

FREEDOM OF INFORMATION

In accordance with section 8 of the Freedom of Information Act 1982 (FOI Act), this section of the report contains information about FOI procedures and access to documents.

Applicants seeking access to documents under the FOI Act should contact:

Director Freedom of Information Section Attorney-General’s Department 3-5 National Circuit BARTON ACT 2600 Telephone: (02) 6141 2550 Facsimile: (02) 6141 2583

One request was received for access to Classification Board or Classification Review Board documents under the FOI Act during the reporting period.

CATEGORIES OF DOCUMENTS

The following categories of documents are maintained by the department on behalf of the Classification Board and Classification Review Board:

â¢ applications under the Classification Act, and

â¢ documents relating to decisions of the Classification Board and Classification Review Board.

Reasons for decisions of the Classification Review Board are available on the Classification website at www.classification.gov.au.

The following categories of documents are publicly available on the Classification website:

â¢ the Classification Act

â¢ the National Classification Code

â¢ the Guidelines for the Classification of Publications, Guidelines for the Classification of Films, and Guidelines for the Classification of Computer Games

â¢ the Classification (Publications, Films and Computer Games) Regulations 2005

â¢ the Determinations and Principles made under the Classification Act

â¢ Annual reports, and

â¢ application forms for classification and review.

CORPORATE OVERVIEW

PRIVACY

As required by the Commonwealth Privacy Act 1988 (the Privacy Act), the department maintains a written record of the classes of personal information that it holds and submits a copy of that record to the Office of the Australian Information Commissioner for publication in the annual Personal Information Digest. The digest is available from the Office of the Australian Information Commissioner covering the period ending 11 March 2014. The Australian Privacy Principles (APP) in the Privacy Act which commenced operation on 12 March 2014 removed the requirement for agencies to submit records about the types of personal information that they hold to the Commissioner every year after that date. Instead, much of the information previously required under IPP is now contained in an agency’s APP privacy policy. Information about records held by the department in administratively supporting the work of the Classification Board and Classification Review Board can be obtained by contacting the Classification Branch on (02) 9289 7100 or by writing to:

The Classification Branch Attorney-General’s Department Locked Bag 3 HAYMARKET NSW 1240

REPORTS BY THE AUDITOR-GENERAL

There were no reports on the operation of the Classification Board or the Classification Review Board by the Auditor-General in the reporting period.

REVIEW OF THE NATIONAL CLASSIFICATION SCHEME

The Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Bill 2014 was passed in the House of Representatives on 25 March 2014. It proposes to reform various aspects of the National Classification Scheme to provide consumers with more classification information than they currently receive and reduce the regulatory burden on industry.

COMMONWEALTH OMBUDSMAN

No matters involving the Classification Board or the Classification Review Board were dealt with by the Commonwealth Ombudsman during 2013-14.

CLASSIFICATION BOARD

ANNUAL REPORT 2013-14

DIRECTOR'S LETTER OF TRANSMITTAL

DIRECTOR’S LETTER OF TRANSMITTAL

DIRECTOR'S LETTER OF TRANSMITTAL

The Hon Michael Keenan MP Minister for Justice Parliament House CANBERRA ACT 2600

Dear Minister

In accordance with subsection 67(1) of the Classification (Publications, Films and Computer Games) Act 1995, I am pleased to submit a report on the management of the administrative affairs of the Classification Board for the period 1 July 2013 to 30 June 2014.

Yours sincerely

Lesley O’Brien Director

18 August 2014

Locked Bag 3, HAYMARKET NSW 1240 Telephone 02 9289 7100 Facsimile 02 9289 7101 www.classification.gov.au

DIRECTOR'S OVERVIEW

DIRECTOR’S OVERVIEW

In my second year as Director of the Classification Board, the Board continued to fulfil its statutory duty and role in the National Classification Scheme, working efficiently to classify films, computer games and publications.

I would like to acknowledge the contribution of all Board members, including temporary Board members, and staff assessors during the reporting period. I would also like to thank those who acted in senior roles throughout the year - Ms Marit Breivik Andersen, Ms Amanda Apel and Ms Moya Glasson.

The reporting period also saw member Mr Zahid Gamieldien take leave to perform the role of Senior Legal Officer in the Classification Branch of the Attorney-General’s Department. One new member was recruited for the temporary Board member register during the reporting period. The temporary Board members can be used in times of peak workload.

The Board’s fundamental role is to make classification decisions, with enforcement responsibilities falling primarily to the states and territories. The Australian Customs and Border Protection Service regulate imports and exports to and from Australia.

In this reporting year, the Board made 4 156 decisions. This included 4 066 commercial classification decisions, 30 classification decisions on internet content referred by the Australian Communications and Media Authority and 60 classification decisions for enforcement agencies. Every decision was made within the statutory timeframe of 20 days (or five days for priority applications) and I commend the Board on this outcome.

The Board has continued its practice of auditing serial classifications issued to publications. Serial classification declarations are made under the Classification Act which allows the Board to declare that the classification granted to a publication also applies to:

a. all future issues; or

b. a specified number of future issues; or

c. all future issues published within a specified period.

During the reporting period, 38 publications were audited. One publication had its serial classification revoked as a result of the audit. This decision was subsequently overturned by the Review Board.

The Board seeks to reflect current community standards when making decisions, however owing to the widely different views held in the community it is not always possible to make decisions which satisfy everyone. The Board welcomes feedback about its decisions. The Correspondence section in this report provides information on those films, computer games and publications which attracted attention during the reporting period.

Nineteen of the Board’s decisions were reviewed by the Classification Review Board in 2013-14. These were for the review of the classification for 13 computer games,

DIRECTOR'S OVERVIEW

five films and to review the decision to revoke a serial classification of a publication. Of the 13 computer games reviewed, the original classification remained unchanged. Of the five films reviewed, the original classification for one film remained unchanged. The Review Board decided not to revoke the serial classification for the publication upon review. Further information about the Review Board’s decisions is available at page 63.

On 1 January 2013, an R 18+ category for computer games took effect in conjunction with new Guidelines for the Classification of Computer Games which were agreed to by all state and territory ministers who have responsibility for classification matters.

In addition to its regular Board meetings, in February 2014, the Board held a professional development day focussing on computer games and its application of the new Guidelines for the Classification of Computer Games, approximately 12 months after their introduction. Also in February, the Board held a professional development day focussing on the classification of publications. Such days provide the Board with additional opportunities to debate and discuss its standards in decision-making and its application of the Classification Act, Code and the Guidelines.

The Board notes the progress of the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Bill 2014. This Bill is the first instalment of reforms arising from the Australian Law Reform Commission’s review of the National Classification Scheme proposing reform to certain aspects of the Scheme, including reducing the regulatory burden on industry.

During the reporting period, I appeared before the Senate Standing Committee on Legal and Constitutional Affairs at Budget Estimates hearings in February and May 2014 where I provided an overview of the work of the Board and answered a number

of questions, including those relating to the classification of computer games.

In November 2013, I attended the International Film Classifiers Conference, held in Finland, which brings together heads of classification bodies from around the world each year to discuss issues such as the challenges emerging technology present to content classifiers in the digital age. The conference, titled “Converging Audiovisual World”, carried the main themes: converging markets, protecting minors from harmful content on different media platforms; user generated content and online rating tools; and online safety. The conference allows valuable information exchange on classification matters and provides useful comparisons of overseas classification systems and standards with those in Australia.

During the reporting period, representatives of the Board also attended several conferences in Australia regarding new and emerging technologies and their potential impact on classification.

Board members Mr Lance Butler and Ms Serena Jakob and I attended an Interactive Games and Entertainment Association (iGEA) industry briefing “Rise of The Individual” on 7 August 2013.

The briefing considered the latest consumer trends across the entertainment and media sector, including interactive games, within a five-year forecast.

I met with representatives from various industry bodies at the Australian International Movie Convention held on 14 to 17 October 2013 at the Gold Coast, including the Film Exhibition and Distribution Code Committee, the Motion Picture Distributors Association of Australia, the Intellectual Property Awareness Foundation, the National Association of Cinema Operators and the NZ Film and Video Labelling Body to discuss classification issues relevant to their industries. Keynote speakers included the Hon Senator George Brandis QC,

DIRECTOR'S OVERVIEW

Attorney-General and Minister for the Arts; Mr Peter Beattie, Chairman of the National Association of Cinema Operators Australasia; and Mr Marc Wooldridge, Chairman of the Motion Picture Distributors Association of Australia. Panel discussions were held on: “Understanding the current issues of digital delivery at a cinema site” and an address delivered by KPMG: “Managing and Engaging Generation Y - How demographic shifts are changing the mass market in Australia.”

On 27 March 2014, Deputy Director Ms Margaret Anderson and Mr Butler attended another iGEA event “Games Industry Trends and What Lies Beyond 2014”. The event presented current research and commentary in relation to game trends and forecasts, purchasing habits and the next-generation consoles.

I attended the inaugural Australian PAX gaming exhibition in Melbourne on 19 to 21 July 2014. The event encompassed panel discussions and exhibition and demonstration of new and upcoming games by game developers and publishers, with a range of genres, platforms and styles of games represented.

During the reporting period, the Board continued to liaise with stakeholders both at home and abroad.

On 26 November 2013, Ms Anderson and I met with the Executive Manager of the Citizen and Communications Branch of the Australian Communication and Media Authority (ACMA), Ms Jonquil Ritter; and the Manager of the Content Classification Section and ACMA Hotline, Mr Jeremy Fenton, to discuss issues of mutual pertinence to both organisations.

On 6 May 2014, I met with Mr Richard Lyle, President of the Media Classifiers Association of Australia, and the Association’s Vice-President Mr Ben Phelps. The Association represents classifiers of television content, and updates were provided from both organisations.

On 21 October 2013, Ms Anderson and Ms Brievik Andersen conducted a Skype session with students from the University of Melbourne on the subject of “Censorship: Film, Art, Media”. In January 2014, members of the Board attended a presentation by Microsoft of the new Xbox One console and by Sony of the new Playstation 4 console.

The Board also values its relationships with international classification organisations. In October and December 2013, I welcomed delegations from Korea’s Communications Standards Commission and Media Rating Board to discuss operations in their country, and in January 2014, I met with the Chief Censor of New Zealand, Dr Andrew Jack, who provided an update on classification matters in New Zealand.

The Classification Branch and the Board have continued to review systems and procedures which assist the Board to do its work. The Deputy Director, Board members Ms Breivik Andersen and Ms Amanda Apel and I participated in a review being undertaken by the branch to further improve the core processes associated with the classification cycle. The project was conducted in accordance with the Lean Six Sigma framework and Value Stream Mapping (VSM) principles. This has also provided me with the opportunity to review the procedures of the Board, and the arrangement of the business of the Board, to optimise quality, efficient decision-making.

As a final note, I would like to acknowledge the support and cooperation provided by the Classification Branch staff who provide a high-quality secretariat service to the Board. I would like to thank all of them for their dedication and professionalism throughout this financial year.

Lesley O’Brien Director Classification Board

DIRECTOR'S OVERVIEW

The Classification Board

Back: Left to Right - Mr Lance Butler, Ms Margaret Anderson (Deputy Director). Front: Left to Right - Ms Moya Glasson, Ms Amanda Apel, Ms Serena Jakob, Ms Marit Breivik Andersen.

Absent: Ms Tennille Burdon, Mr Zahid Gamieldien, Ms Lesley O’Brien (Director), and temporary Board members.

CLASSIFICATION BOARD PROFILES

LESLEY O’BRIEN

Director APPOINTED 1 January 2013 APPOINTMENT EXPIRES 31 December 2015

Deputy Director APPOINTED 31 January 2011

Before taking up the position of Director of the Classification Board, Ms Lesley O’Brien, 47, was Deputy Director of the Classification Board for two years. She has over 25 years’ experience as a print and radio journalist and publishing executive, most recently as a Senior Executive at the Australian Broadcasting Corporation as General Manager of ABC Publishing (Books, Magazines and Audio), and previously, as editor of a leading Australian magazine food title. Ms O’Brien, who holds a Bachelor of Economics, has also worked in communications roles in the NSW public service and is a published book author.

Ms O’Brien is a keen participant at her local tennis club, is a member of a local resident committee, and has a daughter at university and a 16-year-old step-son.

MARGARET ANDERSON

Australian Federal Police 0 0 0 0

ACT Office of Fair Trading 0 0 0 0

NSW Police 0 24 2 26

NT Police 0 0 3 3

Qld Police & Qld Office of Fair Trading 0 29 15 44

Victoria Police 1 6 1 8

SA Police 0 0 0 0

Tasmania Police 0 0 0 0

WA Police 0 0 0 0

Australian Defence Forces Investigative Services (ADFIS) 0 0 0 0

Australian Customs and Border Protection Service

0 0 0 0

Total 1 59 18 78

INTERNET CONTENT

Under Schedule 7 of the Broadcasting Services Act 1992, the Classification Board classifies internet content on application from the ACMA. Internet content is shown tables 12 and 13.

Table 12: Internet content decisions by classification

Classification Classification

decisions

G 0

PG 1

M 7

MA 15+ 4

R 18+ 7

X 18+ 0

RC 11

Unrestricted 0

Total 30

Table 13: Internet content Refused Classification (RC) by reason 56

Reason6 Number

Film RC 1(a) 1

Film RC 1(b) 0

Film RC 1(c) 7

Film RC 1(d) 0

Film RC 1(a) & 1(b) 3

Film RC 1(a) & 1(c) 0

S 9A (2) (c) 0

Total 11

5 A section 87 certificate is an evidentiary certificate that describes the action taken, or not taken, by the Classification Board in relation to a publication, film or computer game. This evidentiary certificate is issued under section 87 of the Classification Act.

6 The reason content is Refused Classification (RC) refers to the relevant item of the National Classification Code (see Appendix).

DECISIONS

PUBLICATIONS

Only ‘submittable publications’ must be classified before they can legally be advertised or distributed in Australia.

Section 5 of the Classification Act defines a submittable publication as:

- an unclassified publication that, having regard to section 9A or to the Code and the classification guidelines to the extent that they relate to publications, contains depictions or descriptions that:

(a) are likely to cause the publication to be classified RC; or

(b) are likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication; or

It is the responsibility of distributors to ensure that they meet classification requirements for publications. The enforcement legislation in some states and territories provides that it is an offence to sell or deliver a submittable publication that has not been classified.

The Classification Act provides the Director of the Classification Board with the power to call in a publication for classification if the Director has reasonable grounds to believe that it is a submittable publication and that the publication is being published in the ACT. State and territory classification enforcement legislation provides the Director with power to call in material from their jurisdictions.

Classifications

There are four classifications for publications—Unrestricted, Category 1 restricted, Category 2 restricted and RC Refused Classification.

The Guidelines for the Classification of Publications are used by the Classification Board when classifying publications. They explain the different classification categories and the scope and limits of material suitable for each category.

Unrestricted

UNRESTRICTED

UNRESTRICTED M (Mature) NOT RECOMMENDED FOR READERS UNDER 15 YEARS

The Unrestricted classification covers a wide range of material. Unrestricted publications may contain classifiable elements such as sex and nudity with some detail but the impact should not be so strong as to require legal restriction to adults.

A special consideration of the Board in classifying publications is the suitability of covers for public display. There are specific criteria for the assessment of covers, which specify that the impact of any descriptions or depictions and references on covers should be low. This accords with one of the principles of the Code, namely that everyone should be protected from exposure to unsolicited material that they may find offensive. Publications with covers that are not suitable for public display cannot be classified Unrestricted.

Generally, there are no restrictions on the sale or display of Unrestricted publications. However, the Board can apply consumer advice not recommending the publication for readers under 15.

DECISIONS

During the reporting period, a total of 230 classification decisions were made in relation to commercial applications for the classification of publications. This figure includes 35 serial publication declarations.

Out of the total of 230 classification decisions for publications, 73 single issue publications and five serial publications were classified Unrestricted. Titles of Unrestricted publications classified by the Board during 2013-14 include People, The Picture, Hooters and Australian Penthouse.

Category 1 restricted

CATEGORY 1 RESTRICTED

NOT AVAILABLE TO PERSONS UNDER 18 YEARS

RESTRICTED CATEGORY 1

NOT AVAILABLE TO PERSONS UNDER 18 YEARS

During the reporting period, of the total of 230 publications classified (including 35 serial publication declarations), 99 single issue publications and 27 serial publications were classified Category 1 restricted.

Category 1 restricted publications may include realistic depictions of nudity, realistic depictions of sexual excitement and detailed descriptions of sexual activity between consenting adults.

Category 1 restricted publications can only be sold to persons 18 years of age and over and must be displayed in a sealed wrapper. The Board can impose a further condition that the sealed wrapper is made of opaque material. Category 1 restricted publications cannot be sold in Queensland.

Titles of Category 1 restricted publications classified by the Board during 2013-14 include Club International, The Picture Premium, The Picture: 100% Home Girls and Hustler.

Category 2 restricted

NOT AVAILABLE TO PERSONS UNDER 18 YEARS

CATEGORY 2 RESTRICTED

RESTRICTED CATEGORY 2

NOT AVAILABLE TO PERSONS UNDER 18 YEARS

During the reporting period, of the total of 230 publications classified (including 35 serial publication declarations), 23 single issue publications and three serial publications were classified Category 2 restricted.

Category 2 restricted publications may include realistic depictions of actual sexual activity involving consenting adults. They may also include descriptions and depictions of stronger fetishes than those which can be accommodated at the Category 1 restricted classification.

Category 2 restricted publications can only be sold to persons 18 years of age and over and can only be displayed in restricted premises. Category 2 restricted publications cannot be sold in Queensland.

Titles of Category 2 restricted publications classified by the Board during 2013-14 include The Australian Rosie, The Picture Premium and The Australasian Sexpaper.

DECISIONS

RC Refused Classification

Publications classified RC cannot be sold or displayed in Australia. During the reporting period, of the total of 230 publications classified (including 35 serial declarations), no publication was classified RC.

Serial classifications for publications

On application, the Classification Board can issue a serial classification declaration. This means that a classification (and conditions, if applicable) given to one issue of a periodical will apply to a specified number of future issues of the same periodical. Publishers must ensure that the future issues do not have content at a higher level than the serial declaration allows.

During the reporting period, 35 periodicals were granted a serial classification declaration. All of these declarations were granted for a 12-month period.

The Board audits publications covered by serial classification declarations. During the reporting period, 38 audits were undertaken. After failing an audit, one publication had its serial classification revoked during 2013-14.

Once a serial classification is revoked, the audited issue and all future issues become unclassified. The publisher must then submit each issue for classification, or apply for another serial classification declaration, before they can sell the publication.

If the Board revokes the serial classification of a title, law enforcement agencies are notified as it is generally an offence to sell an unclassified submittable publication in the Australian states and territories.

FILMS

Decisions for films were made using the Guidelines for the Classification of Films (the Guidelines).

The Guidelines explain the different classification categories and the scope and limits of material suitable for each category. A number of principles underlie the use of the Guidelines, including interactivity, the importance of context and assessing the impact of the six classifiable elements (themes, violence, sex, language, drug use and nudity).

Out of the total of 3 408 commercial films classified in 2013-14, 512 films were classified G.

The G classification is for a general audience. While many films at the G classification are targeted towards children, it does not necessarily mean that children will enjoy all films classified G. Some material that is classified G may be of no interest to children such as some documentaries or particular music DVDs. Popular G films classified during the reporting period include Rio 2, Meerkats 3D, Free Birds, Cloudy With a Chance of Meatballs 2, Muppets Most Wanted, and Planes.

The American film, Rio 2, is an animated adventure movie in 3D and 2D where Blu, Jewel and their three children leave the safety of their home in the city of Rio to fly to the wilds of the Amazon, where other blue macaws have been found. Blu has trouble living up to the standards of his father-in-law and must prove himself by showing his courage against Nigel’s plans of revenge and a crew of loggers. The Board considered that the film contained themes and inextricably linked violence that had a very low sense of threat and menace that was justified by context. These include a scene where Blu accidentally sets fire to his tail when he drops a match while lighting the fuse of a rocket. Only smoke is seen coming from the bird’s tail. During an audition for a talent show,

DECISIONS

in a comic sequence accompanied by music, a mosquito is killed, some critters are eaten by a piranha and a panther swallows another critter. The critter swallowed by the panther is later spat out, apparently unharmed.

The Board classified the 3D and 2D films at G, with no consumer advice. Subsequent release of the films onto Blu-Ray and DVD included some or all of the following additional content: a deleted scene, featurettes, music videos and still images. This resulted in the new product retaining its G classification, but consumer advice of ‘Some scenes may frighten very young children’ being included.

The American film, Planes, was classified in 3D and 2D versions and is a computer-animated children’s film. Dusty is a crop-duster who dreams of competing in the famous aerial race ‘Wings Around the Globe’. He qualifies for the competition after another plane is disqualified for cheating. He must overcome his fear of heights and the reigning champ, Ripslinger, who will do anything to win his fourth title. Dusty is helped in the film by his coach Skipper and his small town friends. The film contains themes and violence that have a very low sense of threat and menace and are justified by context. In one scene, Dusty is flying over the ocean at night in a thunderstorm. There is heavy rain, lightning flashes and large waves. Dusty is hit by a wave and calls out “Mayday, mayday”. He is viewed falling under water and then emerges gasping and yells “help”. He is then viewed sinking underwater again and the screen goes dark. A light is then viewed and a small forklift with a net is seen descending in the water. It is implicit that the forklift is going to rescue Dusty. In another scene, Skipper is telling Dusty about a mission he flew. In a flashback scene, Skipper is viewed leading his squadron into a surprise attack and a battle erupts. There is multiple gunfire and bullets as light flashes are viewed. Fireballs and planes flaming and crashing into the ocean are also viewed. The Board classified the film G with consumer advice of ‘Very mild animated violence’.

Out of the total of 3 408 commercial films classified in 2013-14, 682 films were classified PG (Parental Guidance).

Parental guidance for persons under 15 is recommended for films in this classification, as some children may find the material confusing or upsetting and may require the guidance of parents or guardians. Films classified PG in the reporting period include Belle and Sebastien, The Book Thief, How to Train Your Dragon 2, Jappeloup, In Bob We Trust, Saving Mr Banks, Grace of Monaco and Muscle Shoals.

Belle and Sebastien is a French language (English subtitles) film set in the French Alps during World War II. It is based on a popular children’s book published in 1965. The story is about six-year-old Sebastian, who lives on the mountainside with a kindly but gruff caretaker. Belle is a female mountain dog who has escaped from her cruel owner. The local villagers have mistaken her for a ‘beast’ that has been killing their sheep. Sebastian and Belle form a bond and their adventures take them through the Alps as they become pivotal in the successful escape of refugees fleeing Nazi Germany for the safety of Switzerland.

The Board considered that the scenes of hunting violence resulting in depictions of implied injury to animals with some minor wound and blood effects did not exceed a mild impact and were able to be subsumed into consumer advice of mild themes. In addition, the film contained visual and verbal references to excessive drinking and to the persecution of Jews during World War II. The Board classified this film PG with consumer advice of ‘Mild themes and coarse language’.

DECISIONS

The American documentary film, Muscle Shoals, is about a small town by the same name, on the banks of the Tennessee River in Alabama that is said to be the breeding ground for some of the most important and resonant Western popular songs of all time. The film reveals the artists and entrepreneurs who grew its music industry, with a particular focus on Rick Hall, founder of FAME studios and the so-called ‘Muscle Shoals sound’. The story is told through narration, archival and contemporary footage and through interviews with musicians such as Mick Jagger, Wilson Pickett, Bono, Alicia Keys, Percy Sledge and Aretha Franklin, who reflect on the magnetism and mystery of Muscle Shoals and their experiences there. Gregg Allman and others bear witness to Muscle Shoals’ magnetism, mystery and why it remains influential today.

The Board considered assorted thematic material within the film, including discussion around racism and segregation, tales of tragedy and references to drinking and smoking (tobacco and marijuana). Such material was justified within the context of this documentary and cumulatively imparted a mild impact. The film contained infrequent use of mild coarse language, justified by context. The Board classified this film PG with consumer advice of ‘Mild themes and coarse language’.

The Australian documentary film, In Bob We Trust, follows Father Bob Maguire’s struggle with being forcibly retired and evicted from his church by the local Archbishop. The film contains themes that have a low sense of threat and/or menace and are justified by context. The film centres on Father Bob’s battle with Catholic dogma and refers to his involvement with disadvantaged people over the years. Themes found throughout the film include verbal references to child sexual abuse, paedophilia, prostitution, crime, homelessness and war. The film contains infrequent use of mild coarse language that is justified by context. The Board classified this film PG with consumer advice of ‘Mild themes and coarse language’.

The M classification is the largest classification category for films.

Out of the total of 3 408 commercial films classified in 2013-14, 1 150 films were classified M.

Films classified M are not recommended for persons under 15 years of age. Accordingly, they require a mature perspective. There are no legal restrictions on access and ultimately, it is the responsibility of parents or guardians to make decisions about appropriate entertainment material for their children and to provide adequate supervision.

Films classified M by the Board during the reporting period included Gulaab Gang, The Butler, Backyard Ashes, Eyjafjallajokull, The Hunger Games, Ship of Theseus, American Hustle and The Grand Budapest Hotel.

The Indian film, Gulaab Gang, is in Hindi spoken language (English subtitles) and is about fearless women who fight social injustice, create a sanctuary for abused women, and battle a crooked politician. The film appears to have been inspired by a group of Indian women vigilantes and activists known as the Gulabi gang, who visit abusive husbands and threaten to beat them with laathis (sticks) unless they stop abusing their wives. The film contains moderate violence and themes such as the oppression of women, revenge and political corruption that have a moderate sense of threat and menace. The two elements are justified by context and are, at times, inextricably linked. Much of the violence depicted takes the form of choreographed action sequences in which opponents exchange blows, kicks and punches or using weapons, including guns, poles and axes. Thematic material is rendered as the

DECISIONS

film portrays the conditions suffered by an all-women vigilante group, including depictions of death and an instance in which one girl is implicitly a victim of sexual assault. The Board classified this film M with consumer advice of ‘Mature themes and violence’.

The Indian film, Ship of Theseus, is in Hindi spoken language (English subtitles) and is a triptych of modern Indian fables set in Mumbai. Three central characters each receive a transplanted body organ: a female photographer receives a cornea; a monk receives a liver; and a young stock-broker receives a kidney and subsequently becomes involved in a case of ‘kidney tourism’ perpetrated against an impoverished bricklayer. The film contains themes that have a moderate sense of threat and/or menace and are justified by context. The themes include, but are not limited to: the use of animals in industrial testing and the link to bio-medical research; the international trade in human body organs; and the challenges of disease and living one’s life prior to and after an organ transplant (donor or recipient). The film contains coarse language justified by context. The Board noted that the film contains nudity that was at the upper limit of the PG classification and therefore additional consumer advice was required. The Board classified this film M with consumer advice of ‘Mature themes, coarse language and brief nudity’.

The French language film, Eyjafjallajokull, (English subtitles) is a comedy set in 2010 when the ash cloud created by the eruption of the Icelandic volcano, Eyjafjallajokull, shut down European air traffic. In the ensuing chaos, divorced couple Alain and ValÃ©rie are forced to reunite and find alternative means of transport to their daughter CÃ©cile’s wedding in Greece. The Board found that the most impactful of the classifiable elements were language, violence (including a comedic sequence of pandemonium where Alain is inadvertently struck in the chest by an arrow and ValÃ©rie implicitly stitches the wound), and sexual activity and references that were all moderate in viewing impact.

The Board found that although comedic, the blood detail and impact exceeded mild, thereby warranting consumer advice for comedic violence at the M classification. The Board classified this film M with consumer advice of ‘Coarse language, comedic violence and sexual references’.

The American film, The Grand Budapest Hotel, recounts the adventures of Gustave H, a legendary concierge at a famous European hotel between the wars, and Zero Moustafa, the lobby boy who becomes his most trusted friend. The story involves the theft and recovery of a priceless Renaissance painting and the battle for an enormous family fortune, all against the back-drop of a suddenly and dramatically changing continent. The Board found that the most impactful of the classifiable elements were violence, sex, nudity, and coarse language. In a scene, where J. G. Jopling chases Deputy Kovacs through a museum, Deputy Kovacs opens a sliding door and a short time later the door is slammed shut, severing his four fingers. The fingers fall to the ground and a small amount of blood is seen at the base of each finger. A groaning noise is heard and it is implied that Deputy Kovacs is then murdered by J. G. Jopling. The film contains sexual references and nudity that are discreetly implied and justified by context. The film contains use of coarse language of moderate impact. The Board classified this film M with consumer advice of ‘Violence, sexual references, nudity and coarse language’.

Films classified MA 15+ are not suitable for persons under 15 years of age. It is a legally restricted category, which means that people under 15 years of age must be accompanied by a parent or adult guardian to attend, buy or hire a MA 15+ film. MA 15+ films contain themes, violence, sex, language, drug use or nudity that have a strong impact.

DECISIONS

Out of the total of 3 408 commercial films classified in 2013-14, 114 films were classified MA 15+. Films that were classified MA 15+ during the reporting period included La Venus a la fourrure, Wolf Creek 2, August: Osage County, La Grande Bellezza, Calvary, Thanks for Sharing and Carrie.

In the French language (English subtitles) film, La Venus a la Fourrure, an actress attempts to convince a director that she is perfect for a role in his upcoming production. The Board found that the most impactful classifiable element was coarse language. It also noted that the film required additional consumer advice of ‘sexual references’ owing to the presence of verbal references to sex that were at the upper limit of that which is able to be accommodated within the lower M classification level. The Board classified this film MA 15+ with consumer advice of ‘Strong coarse language and sexual references’.

In the American film, Paranormal Activity: The Marked Ones, high-school friends Jesse and Hector become aware of suspicious activity in Jesse’s neighbour’s apartment and witness supernatural activity culminating in Jesse being bitten. Jesse transforms and takes on demonic behaviour putting his friends and family in harm’s way. Notwithstanding the supernatural themes contained in the film, it was the level of strong coarse language and its frequency which the Board found to be the most pervasive classifiable element. The Board noted that pursuant to the Guidelines and the Code, the film could not be accommodated within the M classification, as that classification states, in part, that “aggressive or strong coarse language should be infrequent and justified by context”. The Board classified this film MA 15+ with consumer advice of ‘Strong coarse language and supernatural themes’.

The R 18+ classification category is wide in scope giving effect to the Code principle that adults should, with limited exceptions, be able to read, hear and see what they want. The R 18+ classification is legally restricted to adults. Children under 18 are not permitted to view R 18+ films in cinemas, or to rent or buy them on DVD. The impact of material classified R 18+ should not exceed high. Some material classified R 18+ may be offensive to some sections of the adult community.

Out of the total of 3 408 commercial films classified in 2013-14, 101 films were classified R 18+.

Films classified R 18+ during the reporting period included Nymphomaniac (Parts 1 & 2), The Wolf of Wall Street and Wolf Creek 2.

In the English language Danish film, Nymphomaniac (Parts 1 & 2), an ageing bachelor finds in an alley-way a female who has been beaten up and brings her home where she slowly reveals that she is a self-diagnosed nymphomaniac. She details her life in eight self-titled chapters.

In the Board’s view, the highest impact classifiable elements in the film were themes, sex and nudity. The themes included realistically depicted sexual practices such as sadomasochism within the context of a female sex addict exploring her sexuality. In addition, the film contained a number of sex scenes and brief depictions of explicit sexual activity. These depictions were contextualised by the languidly paced narrative, which focused particularly on the female protagonist’s fleeting sexual relationships but which, more broadly, examined her sexual addiction.

DECISIONS

The film contained nudity that was high in viewing impact and, at times, linked to the sex and thematic content. The Board classified this film R 18+ with consumer advice of ‘High impact sexual themes, actual sexual activity and nudity’.

The American film, The Wolf of Wall Street, is based on Jordan Belfort’s memoir of the same name. It is about a young stockbroker hungry for a life of non-stop thrills, where corruption is king and ‘more’ is never enough. Belfort had a dramatic rise on Wall Street, a hard-partying lifestyle and tumultuous personal life, including drug and alcohol addiction.

The Board noted that the film contained sexual activity that was realistically simulated and/or high in impact, including adults engaging in realistically simulated sexual activity in numerous scenarios. Throughout the film, there were depictions of drug use that were high in viewing impact. Belfort, a self-confessed ‘lover of drugs’, frequently indulged his cocaine and Quaalude addiction. The Board found that the frequency and treatment of drug use/abuse (in particular, its glorified effects) cumulatively imparted a high viewing impact. The Board classified this film R 18+ with consumer advice of ‘High impact sex scenes and drug use’.

In the Australian film, Wolf Creek 2, outback serial killer, Mick Taylor, is again on a rampage, stalking and killing backpackers visiting Wolf Creek. The film contained violence that was high in viewing impact. Violence in the film was episodic and realistic, as Mick stalked and killed his victims invariably using knives and guns. The violence resulted in copious, realistic blood and gore effects, and included decapitation and dismemberment. Sound effects also added to the impact of the realistic, violent depictions. The Board classified this film R 18+ with consumer advice of ‘High impact violence’. The Board also notes a modified version of this film was classified MA 15+ with consumer advice of ‘Strong bloody violence and coarse language’.

The X 18+ classification applies to films only. It is a special and legally restricted category which contains only sexually explicit material. That is, material which contains real depictions of actual sexual intercourse and other sexual activity between consenting adults. X 18+ films are restricted to adults 18 years and over and are available for sale or hire only in the Australian Capital Territory and parts of the Northern Territory.

Films classified X 18+ can contain real depictions of actual sexual activity between consenting adults, but does not allow violence, sexual violence, sexualised violence or coercion. Nor does it allow consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers.

Out of the total of 3 408 commercial films classified in 2013-14, 151 films were classified X 18+.

Films classified X 18+ during the reporting period included Wolverine XXX, An Axel Braun Parody, Kamasutra and the House of Sin.

RC Refused Classification

Out of the total of 3 408 commercial films classified in 2013-14, 10 films were classified RC.

Films that are classified RC cannot be legally sold, hired, advertised or exhibited in Australia. Films will be classified RC if they depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they

DECISIONS

should not be classified. Films containing 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, will also be classified RC; as will films depicting gratuitous, exploitative or offensive depictions of violence with a very high degree of impact, including sexual violence. The majority of films that are classified RC are sexually explicit films containing these prohibited elements.

COMPUTER GAMES

Decisions for computer games were made using the Guidelines for the Classification of Computer Games (the Guidelines).

Change in consumer advice for computer games

With effect from 6 May 2014, the Classification Board introduced a new consumer advice ‘online interactivity’ which replaced previously used consumer advices including but not limited to: [Caution] Gaming experience may change online; and [Caution] Online content variable.

The new consumer advice is a general statement which may encompass any or all of the following practices and technologies in, or related to playing, a game:

â¢ user-to-user communication (eg: texting, or audio or video chat), and media sharing, via social media and networks;

â¢ user-generated content;

â¢ links to external or third-party websites;

â¢ exchange or collection of personal information (eg: e-mail address) with or by third parties;

â¢ such other opportunities to expand any aspect of the gaming experience to include third-party interactions.

The G classification is the largest classification category for computer games.

Out of the total of 458 computer games classified in 2013-14, 176 computer games were classified G.

The G classification is for a general audience. While many games at the G classification are targeted towards children, it does not necessarily mean that children will enjoy all games classified G. Popular G games classified during the reporting period include Angry Birds Star Wars, Don Bradman Cricket 14, Just Dance 2014, Pac-Man and the Ghostly Adventures and Skylanders Swap Force.

Driving Simulator 2013 is a third-person perspective game where the player is able to choose to drive a number of vehicles, including a bus, a tow-truck, a police car, an ambulance and a street racing car. It can be played in free play mode, where a player drives around a city grid, or in various mission modes. The game contained themes that have a very low sense of threat and/or menace and are justified by context. When driving an ambulance, a player has to collect ‘injured’ people (who simply lie prone on the ground) and drive them to the hospital. Overall, the Board was of the view that the game was very mild in playing impact.

Super Motherload is a 1-4 player retro future action digging adventure game for PC and PS3 in which the player’s objective is to dig deep into the sub-strata of Mars and collect

DECISIONS

rare minerals and artefacts in order to financially prosper and upgrade the player’s pod, equipment and facility.

The game contains themes that have a very low sense of threat and/or menace and are justified by context. As players earn money for items that are discovered, they can purchase powerful upgrades and supplies for their mining pods as they progress through the storyline and prosper, encountering hidden dangers such as earthquakes and gas pockets. They have the option of destroying planets and receive encrypted radio transmissions indicating the presence of rogue Martians. With its primary focus on the gathering and utilisation of resources, the game did not exceed very mild in playing impact and therefore the Board classified it G.

Out of the total of 458 computer games classified in 2013-14, 130 computer games were classified PG (Parental Guidance).

Parental guidance for persons under 15 is recommended for games in this classification, as some children may find the material confusing or upsetting and may require the guidance of parents or guardians. Games classified PG in the reporting period included Foul Play, Disgaea D2: A Brighter Darkness, Flashback, Lego Ninjago: Nindroids and Sid Meier’s Civilization V: The Complete Edition.

Worms Revolution Extreme, for Sony PlayStation Vita, is a modified version of the previously classified game Worms Revolution, a comedic, turn-based strategy gamed in which players control cartoon worms in a battle to be the last worm standing. It contained new downloadable content that included three new themes and 15 new missions. In the opinion of the

Board, the modifications to this game did not contain any classifiable elements that altered the classification given to Worms Revolution, nor did they exceed a mild impact level and the consumer advice remained appropriate. Therefore the Board gave the modified version of the game a PG classification with consumer advice of ‘Mild comedic violence, crude humour and coarse language, gaming experience may change online’.

Tropico 5 is a strategy game in which the player, assuming the role of El Presidente, leads a tropical island republic and chooses how to develop it by building houses, factories and farms, setting the political course and influencing industry, social issues, foreign trade and the military. There is a sandbox mode, a campaign mode (in which the player undertakes missions and attempts to save the world from nuclear doom), and multi-player mode in which up to four players vie for control. The elements of themes and violence were, at times, inextricably linked and were justified by context throughout gameplay as the player strategized, making moral choices that affected the game’s outcome.

Initially, the player must customise El Presidente, selecting gender, race and skill which can affect the progress of the game. For example, selecting the skill of “General” meant that all Tropical soldiers inflicted 2% more damage; whereas selecting “Cheapskate” meant all constructions were 2% cheaper. The player also has to choose “political rule”, such as democracy, capitalism or communism and make moral decisions such as whether to stop a rebellion with military force, assassinate the leader of a political group or threaten the world with nuclear destruction. In the opinion of the Board, the game’s treatment of themes and violence resulted in a playing impact that did not exceed mild. Therefore, the game was classified PG with consumer advice of ‘Mild themes and violence, coarse language, online interactivity’.

DECISIONS

In the single player PC game, X Rebirth, set in the year 3089, the player assumes the role of a freelance space pilot, Ren Otani, trying to survive with his space ship, the Albion Skunk, in a bustling, technologically advanced universe. After successfully completing a series of missions, the player is able to freely roam the universe and focus on activities such as combat, trading and building which affect his wealth and reputation. The game contains infrequent drug references that are justified by context. The player is able to transport “narcotics” which are produced at production plants, however, the narcotics are illegal in the game and the player can be negatively impacted if found transporting them. In the opinion of the Board, given the context within the game, the drug references did not exceed mild in impact. The game contained infrequent mild violence, justified by context. The player is able to perform attacks on enemy spaceships and space stations either during free play or within missions. Attacks involve shooting weapons such as lasers and missiles from the player’s spaceship. The attacks are viewed from the player’s first-person perspective with impacting projectiles resulting in light flashes, explosions, clouds of smoke and flying debris. The death of the player or any non-playable character is depicted by the explosion of their spaceship or space station. The Board accordingly classified the game PG with consumer advice of ‘Mild drug references and violence’.

Out of the total of 458 computer games classified in 2013-14, 80 computer games were classified M.

Computer games classified M are not recommended for persons under 15 years of age. Accordingly, they require a mature perspective. There are no legal restrictions on access and ultimately, it is the responsibility of parents or guardians

to make decisions about appropriate entertainment material for their children and to provide adequate supervision.

Computer games classified M by the Board during the reporting period included Daylight, Dark Souls II, Killer Instinct, Magic 2015: Duel of the Planeswalkers, Danganronpa 2: Goodbye Despair, The Elder Scrolls Online, Ultra Street Fighter IV, Strider, Total Recoil and Crimson Dragon.

BlazBlue Chronophantasma is a head-to-head fighting game and is one of several in the BlazBlue franchise. It is set in a futuristic fantasy world and features a central character called Ragna the Bloodedge. The player is able to select from a range of playable characters, each with their own fighting style, weaponry, costumes and special moves in order to compete against the computer or other players on the network in modes such as Tutorial Mode, Challenge Mode, Story Mode and Arcade Mode. The game contains sexual references that are discreetly implied, justified by context and unrelated to incentives and rewards. The element of sex within the game is, for the most part, rendered via depictions of female characters in sexualised costumes which feature partial breast and buttock nudity. In the opinion of the Board, such images imparted an impact exceeding mild and warranted an M classification. The Board noted that the game contained violence that is at the upper limit of the PG classification and which therefore required additional consumer advice. Accordingly, the Board classified the game M with consumer advice of ‘Sexualised images and violence’.

Orc Attack: Flatulent Rebellion is a third-person fantasy/‘beat ‘em up’ game, where a player controls a flatulent orc which has to battle against hordes of humans as well as evil robots. The game contains moderate (mainly in-close) violence as the player controls an orc who is armed with a spiked club, a giant glowing hammer or another melee weapon. The orc is set upon by hordes of enemies including ancient Egyptians, mummies, wizards, villagers and archers.

DECISIONS

Each level culminates in a boss battle in which the orc has to fight larger enemies, including giant robots. Game-play involves swinging the melee weapon wildly and using the orc’s flatulence and burping prowess. When enemies are hit with weapons, they emit large sprays of red, jelly-like blood. Exaggerated ragdoll effects are also seen. The orc can expel gas—represented by a green cloud—and cause enemies to freeze and if the orc expels gas onto a firefly or flaming pot, an explosion occurs. The explosion can briefly set enemies on fire, but in all cases, the enemies disappear after a short amount of time. The Board noted that the game contained crude humour that was at the upper limit of the PG classification and therefore additional consumer advice was required. The Board accordingly classified the game M with consumer advice of ‘Violence and crude humour, gaming experience may change online’.

Slender: The Arrival is an Xbox console version of the online, experimental horror game Slender: The Eight Pages. In this expanded version, players explore haunting environments, armed with a video camera and torch, and attempt to uncover the mystery behind a sinister figure known as the Slender Man. The game contains horror themes that have a moderate sense of threat and menace and are justified by context. Viewed in the first-person throughout, the player, armed with video camera and a torch, searches dark and shadowy environments including isolated and run-down buildings, woodlands and tunnels as the player searches for clues during the night. The malevolent Slender Man lurks in the shadows and, if not avoided or outrun, suddenly lunges at the player and, as he implicitly attacks, is viewed in close-up with a ghostly white face and black hollows for eyes and mouth. High-quality visuals and, at times, realistic graphics served to heighten impact throughout the game. The Board classified the game M with consumer advice of ‘Horror themes’.

Computer games classified MA 15+ are not suitable for persons under 15 years of age. It is a legally restricted category, which means that people under 15 years of age must be accompanied by a parent or adult guardian to buy or hire a MA 15+ computer game. MA 15+ computer games contain themes, violence, sex, language, drug use or nudity that have a strong impact.

Out of the total of 458 computer games classified in 2013-14, 47 computer games were classified MA 15+. Computer games that were classified MA 15+ during the reporting period included Assassin’s Creed IV Black Flag: Jackdaw Edition, Killzone: Shadow Fall, Senran Kagura: Bon Appetit!—Hanzo X Crimson Squad.

Call of Duty: Ghosts, the latest instalment in the Call of Duty series, is a realistic first-person war shooter set in the near future where the United States of America has been attacked by a South American uprising known as the Federation. The player sets out on a number of missions in a bid to prevent the invasion and fight Federation enemies. In addition, the game has an “Extinction” mode which features round-based gameplay where the player must survive multiple waves of attacking creatures and aliens. The game has online multi-player capabilities where players may communicate via text and audio. The game contains violence that is strong in impact and justified by context. Violence is depicted from a first-person perspective and occurs in the context of military missions where the player is a member of “Ghosts”, a remnant of the US special operations forces, who must fight invading enemies and stop the Federation invasion of the US. The player has access to a wide range of weaponry including knives, firearms, sniper rifles, explosives, armed helicopters as well as drones that may be employed

DECISIONS

against enemies. Violence occurs mainly in the medium distance resulting in blood misting, occasional blood pooling and blood spray, however, no wound detail is depicted throughout the game. The Board classified this game MA 15+ with consumer advice of ‘Strong violence, gaming experience may change online’.

Duke Nukem 3D: Megaton Edition is a compilation of the landmark first-person shooter that includes enhanced versions of Duke Nukem 3D: Atomic edition and three unique expansion packs as well as the original version of the game. It follows Duke Nukem, a hyperbolic action hero whose primary objective is to overcome an alien race that has launched an invasion on Earth and commenced a hybridisation program using kidnapped women from Earth. The Board noted that a version of this computer game had been classified previously MA 15+ (with consumer advice of ‘High level animated violence and sexual references’) on 9 May 1997. In the opinion of the Board, the modifications to this game did not contain any classifiable elements that altered this classification or exceeded a strong impact level and the consumer advice remained appropriate. Therefore the Board classified this game MA 15+ with consumer advice of ‘Strong violence and sexualised violence’ (the consumer advice being updated to reflect current practice).

Goat Simulator is a simulation game for PC played in a third-person perspective where the player controls a goat with the aim to cause maximum chaos and destruction to the suburban environment by ramming, bashing, licking and jumping at humans, animals and inert objects. The player is rewarded with points depending on the level of success in the various quests as well as unlocking hidden objects and figures. The game also contains several mini games. The game contains themes that cumulatively are strong in impact and justified by context. Themes within the game relate to violence, anti-social behaviour and crude humour. The Board noted that while game had a

comedic tone throughout, the cumulative impact of the crude elements within the game exceeded a moderate impact. The Board classified the game, MA 15+ with consumer advice of ‘Strong crude humour, online interactivity’.

Saints Row IV is an open-world action-adventure game in which the player assumes the role of The Protagonist, leader of the Third Street Saints who has been elected President of the United States and whose objective is to liberate Steelport and free humanity from an alien invasion led by Zinyak, Supreme Overlord of the Zin Empire. The game contains violence that is strong in impact and justified by context. The game allows the playable character, The Protagonist, to fight humans in a ‘real world’ setting as well as simulated humans in a (matrix-like) virtual reality. Players frequently engage in battle against aliens, cyborgs, humans and, at certain times, strange creatures such as a monstrous soft drink can or a mutant man-cat using a variety of weapons including pistols, rifles, machine guns as well as ‘alien weapons’ which can be used to suck victims into black holes or set them on fire. The player also uses hand-to-hand combat moves (including punches, kicks and head-stomps) and can also employ a range of super powers that can freeze, levitate, electrocute, shrink and ram their enemies.

The violence within the game has a strong playing impact owing to its frequency and emphasis on blood effects. However, in the opinion of the Board, the depictions of violence were mitigated by the stylised and unrealistic attacks that occur within a futuristic science-fiction setting against (predominantly) non-human characters. As such, the game was able to be accommodated within the MA 15+ classification with consumer advice of ‘Strong violence, gaming experience may change online’. The Board notes that an earlier version of this game was submitted for classification during the previous reporting period and the Board classified

DECISIONS

that game RC due to inclusion of drug use related to incentives and rewards and a visual depiction of implied sexual violence. This modified version of the game could be accommodated in the MA 15+ category.

The R 18+ classification category is wide in scope giving effect to the Code principle that adults should, with limited exceptions, be able to read, hear and see what they want. The R 18+ classification is legally restricted to adults. Children under 18 are not permitted to rent or buy R 18+ computer games. The impact of material classified R 18+ should not exceed high. Some material classified R 18+ may be offensive to some sections of the adult community.

Out of the total of 458 computer games classified in 2013-14, 23 computer games were classified R 18+.

Computer games classified R 18+ during the reporting period included Grand Theft Auto V; South Park: The Stick of Truth, Outlast, The Walking Dead: Season 2 - Ep 2, A House Divided and Atelier Rorona Plus The Alchemist of Arland.

State of Decay is a modified third-person survival/horror shooter game set in a small American town during the aftermath of a zombie apocalypse. Players navigate open-world environments, battling zombie attacks, as they scavenge for supplies and collaborate with other survivors to ensure the survival of the human race. The game contains violence that exceeds strong in impact. Throughout this third-person horror shooter, players battle hordes of zombies using melee weapons, guns and explosives. The violence is sometimes frenetic and is the primary aspect of gameplay. Zombies (which mostly appear human-like) can be injured with ranged or melee weapons,

causing large, stylised wounds to appear on their bodies. It is possible to dismember, decapitate and stomp on the heads of zombies; these depictions are accompanied by significant wound detail as well as sprays of flesh and blood. In the opinion of the Board, the game’s blood and wound detail coupled with the frequency of the violence exceed strong in playing impact. Therefore, the Board classified the game R 18+ with consumer advice of ‘High impact violence’. The Board notes that an earlier version of this game was submitted for classification during the previous reporting period and the Board classified that game RC, due to inclusion of drug use related to incentives and rewards. This content was modified in this classified version.

Ryse: Son of Rome is a third-person action adventure game for Xbox in which the player assumes the role of Marius Titus, a fearless Roman soldier who joins the army to seek vengeance for the slaying of his family. The game contains violence that is high in impact. The playable character frequently engages in battle against human opponents using weapons such as swords, spears, axes and a shield - causing decapitation, dismemberment, impalement and stabbings that are accompanied by copious blood burst and spatter effects as well as extensive blood pooling that appears in the playing environment. The game emphasises acts of violence by use of slow-motion effects while executing ‘finishing moves’. In the opinion of the Board, the violence within the game (which is realistically portrayed against human characters) is relentless, strong and frequent and exceeds strong in impact. The Board classified this game R 18+ with consumer advice of ‘High impact violence’.

Fable Anniversary is a remake of the original, 2004 game, Fable, with updated graphics. It is a third-person, role-playing, action adventure game in which the player roams the medieval fantasy world of Albion as a member of the Heroes Guild, encountering various threats and people in need and electing to take either good or

DECISIONS

evil courses of action which impact ongoing gameplay. The game contains sex related to incentives and rewards and therefore warrants being legally restricted to adults. The player character is able to visit a bordello where he can choose to pay for sex with a selection of prostitutes or to accept a job as a “working girl” and be paid to have sex with the male character, Grope. In the opinion of the Board the gameplay exceeds what can be accommodated at the MA 15+ classification as, pursuant to the Guidelines for the Classification of Computer Games, within the MA 15+ classification category, “Sexual activity may be implied. Sexual activity must not be related to incentives or rewards.” The Board classified the game R 18+ with consumer advice of ‘Sexual activity related to incentives and rewards’.

RC Refused Classification

In 2013-14, out of the total of 458 computer games classified, one computer game was classified RC, twice (each a different modified version).

Computer Games that are classified RC cannot be legally sold, hired, advertised or demonstrated in Australia. Computer games will be classified RC if they contain content that has a very high impact.

The computer game that was classified RC during the reporting period was South Park: The Stick of Truth. One version of the game was classified RC on 19 September 2013. A second modified version was classified RC on 7 November 2013. The game is an action adventure, role playing game for PC which features characters and storylines from the television series South Park. In the view of the Board, this game warranted an RC classification in accordance with items 1(a) and (b) of the computer games table (clause 4) of the National Classification Code. This game featured animated sequences depicting sexual violence which also featured a child character and adult characters. While the Board acknowledged that the game was satirical in tone and intent, the content

exceeded what is able to be accommodated within the R 18+ guidelines, which states that “implied sexual violence that is visually depicted, interactive, not justified by context or related to incentives or rewards is not permitted”. Accordingly, the Board classified the game RC.

A third modified version of the game was submitted to the Board during this reporting period and, noting the removal or modification of the content described, the Board classified the game R 18+ with the consumer advice ‘High impact crude humour, sex scenes and references to sexual violence’.

OTHER DECISIONS

Internet Content

During the reporting period, the Classification Board classified 30 internet content items. These applications were made by the Australian Media and Communication Authority (ACMA). In the reporting period, 11 items of internet content were Refused Classification (see page 39 for breakdown of statistics).

The following items are examples of internet content that was classified by the Board during the reporting period.

One item submitted for classification consisted of what appeared to be a page from a website embedded within a two-page PDF document containing a for-sale listing for a product which included text descriptions and images. The product was listed under the subheading “Medical, Special Needs > Other” and was described as “the most advanced synthetic urine system”. Included in the system was a prosthetic penis in either white or tan, 4 Heat Packs, 1 Syringe, Freeze dried synthetic urine sample (and) Instruction Manual. A small image advertising the product contained a depiction of the prosthetic penis (obscured by a banner),

DECISIONS

syringe and sachets containing a urine-like substance. In the opinion of the Board, the listing lacked descriptive detail regarding the specific uses for the item and as such the content imparted a mild viewing impact. The Board classified the content PG pursuant to Schedule 7 of the Broadcasting Services Act 1992.

Another item consisted of what appeared to be a page titled “How I Lost My Period on a Raw Vegan Diet” from a website embedded within a PDF document. It contained a YouTube clip of a self-styled health and diet expert promoting a raw vegan diet, accompanying text and links to other YouTube content. The classifiable element was language that was moderate in viewing impact. The Board classified the content M pursuant to Schedule 7 of the Broadcasting Services Act 1992.

Exemptions To Show Unclassified Films and Computer Games

During 2013-14, the Director finalised 779 applications for exemption to publicly exhibit unclassified films and computer games at film festivals and special film and computer game events. No films or computer games within these applications were refused an exemption. There were 609 applications finalised in the previous reporting period.

Fee Waivers

The Director granted eight fee waivers during the reporting period.

Advertising Assessments

The Board made 32 assessments of the likely classification of films and one assessment of the likely classification of a computer game for the purpose of advertising those products with classified material.

Advertising Approvals

No decisions were made to approve or not approve advertisem*nts under section 29 of the Classification Act.

Exemption Certificates

No decisions were made to certify films or games exempt from classification under section 28B of the Classification Act.

Revocation Decisions

One publication had its serial classification declaration revoked under subsection 13(5) of the Classification Act during this reporting period.

Call Ins

The Director called in 22 publications and 19 films for classification during the reporting period. The publications were called in from two different distributors and the films were called in from two different distributors.

None of the distributors complied with the Director’s call-in notice. The matters were referred to the relevant enforcement agencies in the states in which the distributors were based.

CORRESPONDENCE

COMPLAINTS

The Classification Board seeks to reflect current community standards in its decision-making and feedback from the community is informative and helpful.

During the reporting period, the Board received 483 complaints. There were:

â¢ 3 complaints about decisions for publications

â¢ 93 complaints about decisions for films

â¢ 355 complaints about decisions for computer games

â¢ 32 general complaints about associated classification matters.

Some titles received several complaints and other titles only single complaints. Some complaints referred to several titles.

In the previous financial year, the Board received 1,001 complaints. The reduction in complaints compared to this year’s figure can largely be explained by the reduction in the number of complaints about decisions for computer games.

The films which attracted the most complaints were Grown Ups 2, The Counselor, The Wolf of Wall Street and Muppets: Most Wanted. The computer games which attracted the most complaints were Saints Row IV, State of Decay and South Park: The Stick of Truth.

Publications

The Classification Board made 230 classification decisions for publications in the reporting period (this included 35 serial publication declarations).

Three complaints were received about the classification of publications. These were about the book To Train up a Child which was classified on 16 March 2012 Unrestricted with consumer advice of ‘Mature—not recommended for readers under 15 years’. The complainants were of the view that the book should be Refused Classification.

Films

The Classification Board made 3 387 classification decisions for films in 2013-14.

The Board received 93 complaints about the classifications of films. This compares with 122 complaints in 2012-13.

There were seven complaints about Grown Ups 2. The complainants were of the view that the PG classification with consumer advice of ‘Mild crude humour, violence, sexual references, nudity and coarse language’ was too low.

The film The Counselor received six complaints in the reporting period. The film was classified MA 15+ with consumer advice of ‘Strong bloody violence and sex scenes’. The complainants were all of the opinion that the film’s classification was too low.

The film The Wolf of Wall Street which was classified R 18+ with the consumer advice ‘High impact sex scenes and drug use’, attracted five complaints in the reporting period. Two complainants believed the film’s classification was too low and two believed it was too high. One complainant thought the consumer advice was insufficient.

There were four complaints about Muppets: Most Wanted. The complainants were of the view that the G classification was too low.

Overall, the remainder of complaints were about a small number of titles with some titles subject to only a single complaint and the rest subject to less than four complaints.

CORRESPONDENCE

Computer games

The Classification Board made 458 classification decisions for computer games in 2013-14.

The Board received 355 complaints about computer games. Two hundred and sixty two of the complaints were about the Refused Classification (RC) decisions for the computer games Saints Row IV and State of Decay which were classified in the previous reporting period.

There were 51 complaints about the computer games South Park: The Stick of Truth being Refused Classification (RC). On 19 September 2013 the Board classified Codename (Alternative title South Park: The Stick of Truth) Refused Classification (RC). The Board received an application to classify a different version of South Park: The Stick of Truth. Under classification legislation, any changes to a computer game make the game unclassified and therefore able to be submitted for a fresh classification decision. On 7 November 2013, the Board classified this modified version of the game RC. The Board was of the view that content for the game exceeded the R 18+ classification, as per the Guidelines for the Classification of Computer Games which state that: “Implied sexual violence that is visually depicted, interactive, not justified by context or related to incentives or rewards is not permitted.”

On 21 November 2013, a third version of South Park: The Stick of Truth was classified R 18+ with the consumer advice ‘High impact crude humour, sex scenes and references to sexual violence’. The Board observed that the game contained the classifiable elements of themes, sex and violence that were high in playing impact. The Board noted modifications made to this game which allowed the game to be classified R 18+. The Board further noted the game contained coarse language and nudity that could be accommodated within a lower classification.

The Board received 11 complaints about the computer game Watch Dogs. The Board classified the computer game R 18+ with consumer advice of ‘References to sexual violence and sex scenes’. The complainants were of the opinion that the computer game was classified too high.

There were seven complaints about the computer game Grand Theft Auto V which is classified R 18+ with consumer advice of ‘Drug use’. Four of the complaints were that that the classification was too low, one that it was too high, and two that there should have been additional consumer advice.

Overall, the remainder of complaints were about a small number of titles with some titles subject to only a single complaint and several with more than one complaint.

Other Complaints

There were also 32 complaints that covered classification-related issues.

The majority of the complaints were in relation to the classification of computer games, particularly in relation to the R 18+ and RC decisions. Many expressed concern that the Classification Board edits computer games. The Board does not modify or cut material, or direct that cuts be made to material. It classifies material in the form in which the distributor has submitted it.

Other complaints included concerns about consumer advice and depictions of female nudity in publications.

Table 14: Complaints

Complaints Publications decisions 3

Films decisions 93

Computer games decisions 355

General complaints 32

Total 483

CORRESPONDENCE

Enquiries and other assistance

The department responds to a range of other enquiries which are related to classification policy matters.

This includes requests for general classification information, requests for reasons for classification decisions and enquiries about the classification of specific products. Other requests are about how to get material classified, how to obtain exemptions and requests for information on the determined markings for films and computer games. A number of requests concern the importation of publications, films and computer games and clarification about the enforcement of classification decisions.

CLASSIFICATION REVIEW BOARD

ANNUAL REPORT 2013-14

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

CONVENOR’S LETTER OF TRANSMITTAL

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

The Hon Michael Keenan MP Minister for Justice Parliament House CANBERRA ACT 2600

Dear Minister

In accordance with subsection 85(1) of the Classification (Publications, Films and Computer Games) Act 1995, I am pleased to submit a report on the management of the administrative affairs of the Classification Review Board for the period 1 July 2013 to 30 June 2014.

Yours sincerely

Victoria Rubensohn AM Convenor

18 August 2014

Locked Bag 3, HAYMARKET NSW 1240 Telephone 02 9289 7100 Facsimile 02 9289 7101 www.classification.gov.au

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

INTRODUCTION

The Classification Review Board is an independent statutory body that reviews, on application, decisions of the Classification Board. The Review Board makes its decisions in accordance with the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act), the National Classification Code and the classification guidelines.

This report includes an overview of the work of the Review Board in 2013-14.

The Review Board receives secretariat support from the Classification Branch of the department.

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

CONVENOR’S OVERVIEW

This is my sixth report as Convenor of the Classification Review Board and it was a busy year for the Review Board with 19 applications for review being conducted. Various members of the Review Board convened for 10 days to make decisions.

The minister submitted 13 applications to the Review Board at the request of the South Australian Attorney-General. The reviews were for the classifications of the film Rampage (13 December 2013) and 12 computer games: Tom Clancy’s Splinter Cell Blacklist, Borderlands 2: Add-on Content Pack, Fuse, Deadpool, The Walking Dead: Survival Instinct, God Mode, The Walking Dead, Company of Heroes 2, Deadly Premonition: Director’s Cut, Gears of War: Judgment, Killer is Dead and Alien Rage (18, 19 November, 2, 5 and 12 December 2013). None of these reviews resulted in a change to the classifications with all remaining at MA 15+.

The Review Board also considered reviews for the classifications of the computer game Saints Row IV (29 July 2013, upheld the original decision of RC), the film—ACMA INV-0000-3781 (23 October 2013, overturned the original decision of R 18+ and classified RC), the revocation of a serial classification

of the publication Australian Penthouse (5 November 2013, overturned the original decision to revoke) and the films American Hustle (5 December 2013, overturned the original decision of MA 15+ and classified M), Inside Llewyn Davis (12 December 2013, overturned the original decision of MA 15+ and classified M) and Blended (1 May 2014, overturned the original decision of M and classified PG).

I would like to thank the Review Board members for their professionalism and dedication during 2013-14 and I look forward to continuing our work together.

I would also like to offer my thanks to the Minister for Justice, the Hon Michael Keenan MP, for his continued support during 2013-14.

Finally, I would like to thank members of the Classification Branch of the Attorney-General’s Department who have provided comprehensive secretariat support and valuable advice to the Review Board and its members over the past year.

Victoria Rubensohn AM Convenor

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

CLASSIFICATION REVIEW BOARD PROFILES

VICTORIA RUBENSOHN AM

Convenor APPOINTED: 6 February 2009 REAPPOINTED: 6 February 2012 APPOINTMENT EXPIRES: 5 February 2015

Ms Victoria Rubensohn AM holds a Master of Arts degree, a Master of Human Rights degree, a Bachelor of Laws degree, and has been a Member of the Order of Australia since 2004. She has worked in radio and television in Australia and the USA—and more generally in communications, especially in communications regulatory policy, for most of her professional life.

Ms Rubensohn has been a Member of the Australian Broadcasting Tribunal, a Member of the Immigration Review Tribunal and Chairman of the National Film and Sound Archive. She has chaired Australian Government committees in the communications and intellectual property areas. Ms Rubensohn also chaired the Telephone Information Services Standards Council for 15 years and was a Consumer Member of the Mobile Premium Services Code Review Committee in 2011-12.

She is Consumer Director of Communications Compliance Ltd, a member of the Standing Advisory Committee on Consumer Affairs of the Australian Communications Consumer Network and is the Independent Reviewer of the Advertising Standards Bureau. Ms Rubensohn runs an international communications consultancy, specialising in regulatory policy, is a Director of the Communications Law Centre and is the founding Director and Secretary of Media Access Australia.

FIONA JOLLY

Deputy Convenor APPOINTED: 7 December 2011 APPOINTMENT EXPIRES: 6 December 2014

Ms Fiona Jolly, 46, resides in Wamboin NSW and works in the ACT. She is currently the Chief Executive Officer of the Advertising Standards Bureau and previously held numerous positions with a number of Australian Government agencies. Ms Jolly has also held positions on numerous Boards including as Chair of the Australian Business Volunteers (current), the Ministerial Advisory Council for Women (ACT), Majura Primary School Board and as National President of the Young Women’s Christian Association (YWCA) of Australia.

Ms Jolly holds a Bachelor of Laws and a Bachelor of Arts (ANU) and a Master of Laws (Melb) specialising in communications and international trade law. She is a graduate of the Australian Institute of Company Directors. Ms Jolly is the parent of four children aged five to thirteen years and has been actively involved in her local community through her children’s school and sporting commitments as well her volunteer work with the YWCA over a period of 15 years.

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

HELENA BLUNDELL

APPOINTED: 17 September 2009 APPOINTMENT EXPIRED: 16 September 2013

Ms Helena Blundell has a Bachelor of Arts and a Bachelor of Laws awarded by the University of Queensland. She has worked as a Senior Investigation Officer for the Commonwealth Ombudsman in both Sydney and Darwin. She spent a number of years as an adventure tour guide in the Northern Territory’s Top End. Ms Blundell has worked for the North Australian Aboriginal Legal Aid Service as a policy lawyer and is currently employed with the NT Legal Aid Commission as a criminal barrister and solicitor. Ms Blundell has been a board member on the Board of the YWCA Darwin up until April 2011 and is on the Youth Justice Advisory Committee, which is a body set up pursuant to the Youth Justice Act in the Northern Territory.

MELISSA DE ZWART

APPOINTED: 17 September 2009 APPOINTMENT EXPIRED: 16 June 2014

Ms Melissa de Zwart is an Associate Professor in Law at the University of Adelaide. She has a PhD in law (which examined the law of fair dealing) and a Bachelor of Arts (Hons). Ms de Zwart has practised as a lawyer in both private practice and government, having been Legal Manager at CSIRO. She has published numerous articles on legal and social issues affecting copyright, particularly in the digital and popular culture context, convergence technologies, social networking and virtual worlds. In 2008 she contributed to the ENISA (European Network and Information Security Agency) Virtual Group of Experts on Security Issues in Virtual Worlds and Gaming (EU).

As the mother of two small children, Ms de Zwart has served as the president of a community childcare centre and has a keen interest in children’s entertainment as both a parent and consumer. In her recreational time, she enjoys books, manga, movies and computer games, and exchanging views on these with her students, extended family and friends both face-to-face and via social networking. Ms de Zwart lives in Adelaide.

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

JANE SMITH

APPOINTED: 7 December 2011 APPOINTMENT EXPIRES: 6 December 2014

Ms Jane Smith, 55, lives in Ballarat, Victoria. She is currently the inaugural Director of the new Museum of Australian Democracy at Eureka, a technology rich interactive museum. Her previous role was as Director of theshinyshinyworld Pty Ltd, an organisation providing strategic advice on a range of communications, technology and organisational issues and creating a range of projects. Ms Smith’s previous positions include senior roles with the ABC from 1990 to 1997, Chief Executive Officer with the NSW Film and Television Office from 1997 to 2006 and Vice President of Seed Productions, actor Hugh Jackman’s production company in 2007. Ms Smith was then the inaugural Head of the Centre for Screenwriting at the Australian Film Television and Radio School 2009-10.

Ms Smith is currently on the Melbourne Writers Festival Board. She was the Chair of the Committee for Revision of Mobile Premium Services (MPS) Codes and a member of the Digital Media Thought Leadership Group for the Australian Centre for Broadband Innovation. She has also been on a number of other Boards including Ausfilm, Screen Finance Group, the Australian Children’s Television Foundation, and the Broadcasting Council. Ms Smith holds a Bachelor of Arts (Flinders) majoring in psychology and history and a Post Graduate Diploma in Criminology (Melb). She is actively involved in the community through her extensive career in both the public and private sectors as well as her involvement in the arts, film and television community.

PETER ATTARD

APPOINTED: 7 December 2011 APPOINTMENT EXPIRES: 6 December 2014

Mr Peter Attard, 46, lives in Melbourne, Victoria. He works at Attelier Imports, importing and selling gourmet food, wine and beer from Malta. He has created and taught Media, Visual Literacy, Visual Arts and Photography curriculum in both Secondary and TAFE education, as well as serving as Co-ordinator of these studies at various colleges in Victoria. Mr Attard has been a committee member of the Australian Teachers of Media (ATOM), judged ATOM student film awards and is a member of the Victorian Institute of Teaching.

Mr Attard holds a Bachelor of Education (Visual Arts) from the University of Melbourne. He is the father of three teenage children, is a regular user of social media and is actively involved in his local community through his children’s sporting commitments.

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

LEGISLATIVE BASE

The Review Board is established under the Classification Act. The Classification Act provides that the Review Board is to consist of a Convenor, a Deputy Convenor and at least three, but no more than eight, other members.

The Governor-General appoints members of the Review Board. Under the Classification Act, the minister must, before recommending an appointment, consult with state and territory ministers with responsibility for classification. The Classification Act also requires that regard is to be had to the desirability of ensuring that membership of the Review Board is broadly representative of the Australian community.

DECISIONS OF THE REVIEW BOARD

In the reporting period, the Review Board conducted 19 reviews.

These were for the review of the classification for 13 computer games, the classification for five films and one for the decision to revoke a serial classification of a publication.

Thirteen of the reviews (one film and 12 computer games) were submitted by the minister at the request of the South Australian Attorney-General.

Of the 13 computer games reviewed, the original classification remained unchanged. Of the five films reviewed, the original classification for one film remained unchanged. The Review Board decided not to revoke the serial classification for the publication upon review.

The reviews were completed within the statutory timeframe.

The reports for the Review Board’s decisions are published on the classification website at www.classification.gov.au.

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

Table 15: Decisions of the Review Board

Title Media Review applicant Review

Decision

Original classification Review classification

Saints Row IV Game Koch Media Gmbh 29 July 2013 RC RC

ACMA INV-0000-3781 Film Australian Federal Police

23 Oct 2013 R 18+ RC

Australian Penthouse

Magazine Horwitz Publications

5 Nov 2013 Revoked Not Revoked

Alien Rage Game Minister at request

SA AG

18 Nov 2013 MA 15+ MA 15+

Killer is Dead Game Minister at request

SA AG

18 Nov 2013 MA 15+ MA 15+

Gears of War: Judgment Game Minister at request SA AG

18 Nov 2013 MA 15+ MA 15+

Deadly Premonition: Director’s Cut

Game Minister at request SA AG 19 Nov 2013 MA 15+ MA 15+

Company of Heroes 2

Game Minister at request SA AG 19 Nov 2013 MA 15+ MA 15+

The Walking Dead Game Minister at request SA AG 19 Nov 2013 MA 15+ MA 15+

God Mode Game Minister at request

SA AG

19 Nov 2013 MA 15+ MA 15+

The Walking Dead: Survival Instinct Game Minister at request SA AG

2 Dec 2013 MA 15+ MA 15+

Deadpool Game Minister at request

SA AG

2 Dec 2013 MA 15+ MA 15+

Fuse Game Minister at request

SA AG

2 Dec 2013 MA 15+ MA 15+

Borderlands 2: Add-on Content Pack

Game Minister at request SA AG 5 Dec 2013 MA 15+ MA 15+

American Hustle Film Roadshow Film Distributors 5 Dec 2013 MA 15+ M

Tom Clancy’s Splinter Cell Blacklist

Game Minister at request SA AG 12 Dec 2013 MA 15+ MA 15+

Inside Llewyn Davis Film Roadshow Film

Distributors

12 Dec 2013 MA 15+ M

Rampage Film Minister at request

SA AG

13 Dec 2013 MA 15+ MA 15+

Blended Film Roadshow Films 2 May 2014 M PG

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

ATTENDANCE AT REVIEW BOARD MEETINGS

The Review Board convened for 10 days in 2013-14 to deal with 19 applications.

Table 16: Attendance at Review Board meetings

Review Board member Meetings

2013-14

Number of meeting days 2013-14

Victoria Rubensohn (VR), Convenor, NSW 14 7

Fiona Jolly (FJ), Deputy Convenor, ACT 13 6

Melissa de Zwart (MDZ), SA 18 9

Helena Blundell (HB), NT 0 0

Jane Smith (JS), NSW 6 3

Peter Attard (PA), VIC 18 9

Table 17: Composition of panels in 2013-14

Title Number of meeting days Panel members

Saints Row IV 1 VR, PA, JS

ACMA INV-0000-3781 1 FJ, MDZ, PA

Australian Penthouse 1 FJ, MDZ, JS

Alien Rage 1 PA, MDZ, FJ

Killer is Dead 1 PA, MDZ, FJ

Gears of War: Judgment 1 VR, PA, MDZ, FJ

Deadly Premonition: Director’s Cut 1 VR, JS, PA, MDZ, FJ

Company of Heroes 2 1 VR, JS, PA, MDZ, FJ

The Walking Dead 1 VR, JS, PA, MDZ, FJ

God Mode 1 VR, JS, PA, MDZ, FJ

The Walking Dead: Survival Instinct 1 VR, PA, MDZ, FJ

Deadpool 1 VR, PA, MDZ, FJ

Fuse 1 VR, PA, MDZ, FJ

Borderlands 2: Add-on Content Pack 1 VR, PA, MDZ

American Hustle 1 VR, PA, MDZ

Tom Clancy’s Splinter Cell Blacklist 1 VR, PA, MDZ

Inside Llewyn Davis 1 VR, PA, MDZ

Rampage 1 VR, PA, MDZ

Blended 1 FJ, MDZ, PA

CLASSIFICATION REVIEW BOARD ANNUAL REPORT 2013-14

COMPLAINTS

The Review Board received 78 complaints about its decisions in the reporting period.

There were two complaints about the film American Hustle being classified too low.

There were 77 complaints that the computer game Saints Row IV should not be Refused Classification.

JUDICIAL DECISIONS

Aspects of a Review Board decision can be reviewed, on application, by the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 (Cth).

In the reporting period, no application for review of the Review Board’s decisions was lodged with the Federal Court.

APPENDICES

APPENDIX NATIONAL CLASSIFICATION CODE

NATIONAL CLASSIFICATION CODE

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

(a) adults should be able to read, hear and see what they want;

(b) minors should be protected from material likely to harm or disturb them;

(d) the need to take account of community concerns about:

(i) depictions that condone or incite violence, particularly sexual violence; and

(ii) the portrayal of persons in a demeaning manner.

APPENDICES

Publications

2. Publications are to be classified in accordance with the following table:

Item Description of publication Classification

1 Publications that:

(a) describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or

(b) 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); or

2 Publications (except RC publications) that:

(a) explicitly depict sexual or sexually related activity between consenting adults in a way that is likely to cause offence to a reasonable adult; or

(b) depict, describe or express revolting or abhorrent phenomena in a way that is likely to cause offence to a reasonable adult and are unsuitable for a minor to see or read

Category 2 restricted

3 Publications (except RC publications and Category 2 restricted publications) that:

(a) explicitly depict nudity, or describe or impliedly depict sexual or sexually related activity between consenting adults, in a way that is likely to cause offence to a reasonable adult; or

(b) describe or express in detail violence or sexual activity between consenting adults in a way that is likely to cause offence to a reasonable adult; or

Category 1 restricted

4 All other publications Unrestricted

APPENDICES

Films

3. Films are to be classified in accordance with the following table:

Item Description of film Classification

1 Films that:

(a) depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or

2 Films (except RC films) that:

(a) contain real depictions of actual sexual activity between consenting adults in which there is no violence, sexual violence, sexualised violence, coercion, sexually assaultive language, or fetishes or depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers, in a way that is likely to cause offence to a reasonable adult; and

(b) are unsuitable for a minor to see

X 18+

3 Films (except RC films and X 18+ films) that are unsuitable for a minor to see R 18+

4 Films (except RC films, X 18+ films and R 18+ films) that depict, express or otherwise deal with sex, violence or coarse language in such a manner as to be unsuitable for viewing by persons under 15

MA 15+

5 Films (except RC films, X 18+ films, R 18+ films and MA 15+ films) that cannot be recommended for viewing by persons who are under 15 M

6 Films (except RC films, X 18+ films, R 18+ films, MA 15+ films and M films) that cannot be recommended for viewing by persons who are under 15 without the guidance of their parents or guardians

7 All other films G

APPENDICES

Computer Games

4. Computer games are to be classified in accordance with the following table:

Item Description of computer game Classification

1 Computer games that:

2 Computer games (except RC computer games) that are unsuitable for viewing or playing by a minor R 18+

3 Computer games (except RC and R 18+ computer games) that depict, express or otherwise deal with sex, violence or coarse language in such a manner as to be unsuitable for viewing or playing by persons under 15

MA 15+

4 Computer games (except RC, R 18+ and MA 15+ computer games) that cannot be recommended for viewing or playing by persons who are under 15

5 Computer games (except RC, R 18+, MA 15+ and M computer games) that cannot be recommended for viewing or playing by persons who are under 15 without the guidance of their parents or guardians

6 All other computer games G

GLOSSARY

Term/ abbreviation Explanation

2D Two dimensional

3D Three dimensional

ACMA Australian Communications and Media Authority

ACA Scheme Additional Content Assessor Scheme

Advertising Scheme The Advertising of Unclassified Films and Computer Games Scheme

APS Australian Public Service

ATSA Scheme Authorised Television Series Assessor Scheme

BSA Broadcasting Services Act 1992 (Cth)

Call in The Director of the Classification Board may call in publications

if he/she has reasonable grounds to believe they are submittable publications and that they are being published in an Australian state or territory

The Director of the Classification Board may also call in films and computer games if he/she has reasonable grounds to believe they are not exempt and that they are being published in an Australian state or territory

Censorship ministers Commonwealth, state and territory ministers with responsibility for classification

Classification Act Classification (Publications, Films and Computer Games) Act 1995 (Cth)

Classification Board Statutory body established under the Classification Act. The Classification Board classifies computer games, films and certain publications

Classification Board member A statutory appointee to the Classification Board established under the Classification Act

Classification Branch The Classification Branch of the Attorney-General’s Department. Classification Branch officers provide administrative support to the Classification Board and Classification Review Board

Classification guidelines Guidelines on the application of the National Classification Code, approved by ministers with responsibility for classification. There are the Guidelines for the Classification of Films, the Guidelines for the Classification of Computer Games and the Guidelines for the Classification of Publications

Classification Review Board Statutory body established under the Classification Act. The Classification Review Board is a part-time statutory body convened, as required, to review decisions made by the Classification Board

Classification Review Board member Statutory appointee to the Classification Review Board under the Classification Act

Classification Liaison Scheme (CLS)

A scheme that assists retailers and distributors of publications, films and computer games to comply with their legal obligations under the National Classification Scheme

GLOSSARY

Term/ abbreviation Explanation

Code, the The National Classification Code

Computer games classifications

G PG M MA 15+

R 18+ RC

General Parental guidance recommended Recommended for mature audiences Not suitable for people under 15. Under 15s must be accompanied by a parent or adult guardian Restricted to 18 years and over Refused Classification

Consumer advice The Classification Board and Classification Review Board determine consumer advice for films, computer games and certain publications. Films classified PG, M, MA 15+, R 18+ and X 18+, and computer games classified PG, M, MA 15+ and R 18+, must be assigned consumer advice. Consumer advice gives the principal elements that contributed to the classification of the product and indicates the intensity and/or frequency of those elements. The Classification Board and the Classification Review Board may also provide consumer advice to films and computer games classified G, and publications classified Unrestricted

Convenor Member of the Classification Review Board who is

responsible for the management of the Classification Review Board’s business

Customs Australian Customs and Border Protection Service

Deputy Convenor Member of the Classification Review Board who may exercise some of the Convenor’s powers in the Convenor’s absence

Deputy Director Full-time member of the Classification Board who may exercise some of the Director’s powers in the Director’s absence

Determined markings Classification symbols, descriptions and consumer advice lines, as determined by the Director as set out in the Classifications (Markings for Publications) Determination 2007, the Classification (Markings for Films and Computer Games) Determination 2007, and the Classification (Markings for Certified Exempt Films and Computer Games) Determination 2007

Director Full-time member of the Classification Board responsible for

the management of the Classification Board

Exemptions to show an unclassified film at an event An organisation may apply to the Director of the Classification Board for exemption from state and territory classification

enforcement legislation to screen an unclassified film at an event. A person may also apply for an exemption

Exempt computer game A computer game exempt from classification requirements as defined by section 5B of the Classification Act

GLOSSARY

Term/ abbreviation Explanation

Exempt film A film exempt from classification requirements as defined by

section 5B of the Classification Act

Fee waiver The waiving of classification application fees by the Director in

specific circ*mstances, as provided by the Classification Act

Film (including video, DVD and other media storage devices) classifications

G PG M MA 15+

R 18+ X 18+ RC

FOI Act Freedom of Information Act 1982 (Cth)

FOI Freedom of information

Guidelines Legislative instruments which provide direction on the

application of the National Classification Code, approved by ministers with responsibility for classification. Separate guidelines exist for the classification of films, computer games and publications

Industry assessors Persons authorised by the Director to make recommendations to the Classification Board on the classification and consumer advice for:

â¢ computer games that are likely to be classified G, PG or M; or

â¢ additional content accompanying previously classified or exempt film/s on DVD or other media storage devices; or

â¢ certain television series released on DVD or other media storage devices.

There are also industry assessors who are authorised to assess the likely classification of unclassified films and/or computer games for advertising purposes

National Classification Scheme A cooperative Commonwealth, state and territory regulatory Scheme for classification of films, computer games and certain publications

National Classification Code (the Code) A code that sets out how films, computer games and certain publications are to be classified

Prohibited Exports Regulations Customs (Prohibited Exports) Regulations 1958 (Cth)

Prohibited Imports Regulations Customs (Prohibited Imports) Regulations 1956 made under section 50 of the Customs Act 1901 (Cth); Regulation 4A relates to the importation of publications (including films and computer games and other goods)

GLOSSARY

Term/ abbreviation Explanation

Publications classifications

Unrestricted Category 1 restricted Category 2 restricted RC

Unrestricted Not available to persons under 18 years Not available to persons under 18 years Refused Classification

Senior Classifier Full-time senior member of the Classification Board

Serial classification declaration A declaration issued by the Classification Board on the classification and any conditions that apply to issues of a periodical for a specified period

Law, Crime and Community Safety Council (LCCSC) Committee comprising Commonwealth, state and territory Ministers with responsibility for classification. In most

jurisdictions this is the Attorney-General, except in the Commonwealth where the Minister is the Minister for Justice.

Submittable publication An unclassified publication that is unsuitable for a minor to see or read, and likely to cause offence to a reasonable adult to the extent that the publication should not be sold or displayed as an unrestricted publication

INDEX

A accountability 11-12 external 12 ACMA INV-0000-3781 67, 73 Additional Content Assessor (ACA) Scheme

films 5-6 Administrative Appeals Tribunal (AAT) 12 Advertising of Unclassified Films and Computer Games Scheme 6 advertisments 57

approvals 57 decisions 37 unclassified films and games 37 Alien Rage 67, 73 American Hustle 46, 67, 73, 74 An Axel Braun Parody 49 Anderson, Margaret 20, 21, 22-3 Angry Birds Star Wars 50 Apel, Amanda 18, 20, 21, 24 Arnull, Samantha 27 Ashton, Emma 27 Assassin’s Creed IV Black Flag: Jackdaw

Edition 53 Atelier Rorona Plus The Alchemist of Arland 55 Attard, Peter 70, 73 Attorney-General’s Department 10, 67

enquiries and other assistance 62 Auditor-General reports 14 August: Osage County 48 The Australasian Sexpaper 43 Australian Classification website 12 Australian Communications and Media

Authority (ACMA) 7, 18, 20 Australian Customs and Border Protection Service 6-7, 18 Australian International Movie Convention 19 Australian Penthouse 43, 67, 73 The Australian Rosie 43 Authorised Assessor Scheme

computer games 5 Authorised Television Series Assessor (ATSA) Scheme 6

B Backyard Ashes 46 BazBlue Chronophantasma 52 Beattie, Peter 20 Belle and Sebastian 45 Blended 67, 73 Blundell, Helena 69, 73 The Book Thief 45 Borderlands 2: Add-on Content Pack 67, 73 Bradley, Graeme 27 Brandis QC, Hon Senator George 19 Breivik Andersen, Marit 18, 20, 21, 23 Broadcasting Services Act 1992 7 Bromley, Emma 28 Burdon, Tennile 21, 24 Butler, Lance 19, 20, 21, 25 The Butler 46 B

C call ins 57 publications 42 Call of Duty: Ghosts 53-4 Calvary 48 Carrie 48 categories of documents 13 Category 1 restricted classification 43 Category 2 restricted classification 43 Check the Classification (CTC) 6 Classification Board

accountability 11, 12 administrative arrangements 11-12 administrative tribunals, decisions by 12 Attorney-General’s Department, liaison

with 11 community, liaison with 11 decisions see decisions (Classification

Board)

Director 10, 18-20 establishment 12 ethical standards 12 financial management 11 functions 4, 5, 10, 18 key achievements 32 meetings 11 membership 12-13

INDEX

ministers and officials, liaison with 11 remuneration and entitlements 13 reporting 11 risk management 12 workload 32-3 classification decisions see decisions

(Classification Board) classification declarations, serial 34 Classification guidelines 4-5 computer games see Guidelines for the

Classification of Computer Games films see Guidelines for the Classification of Films publications see Guidelines for the

Classification of Publications Classification (Publications, Films and Computer Games) Act 1995 4, 18, 66, 71 Classification (Publications, Films and

Computer Games) Regulations 2005 11, 13, 34, 38 Classification Review Board 10, 66 accountability 11

administrative arrangements 11-12 Attorney-General’s Department, liaison with 11, 66 complaints 60 Convenor 10, 67 decisions 71 establishment 71 financial management 11 functions 66 judicial decisions 74 meetings, attendance at 73 membership 12-13 remuneration and entitlements 13 reporting 11 risk management 12 Classification (Serial Publications) Principle

2005 34 Cloudy with a Chance of Meatballs 2 44 Club International 43 Commonwealth Ombudsman 14 Company of Heroes 2 67, 73 complaints 60-1, 74

computer games 61 films 60 publications 60 computer games 50 advertising unclassified 37

Authorised Assessor Scheme 5 call ins 57 complaints 61 consumer advice, change in 50 decisions 36-7 exemptions to show unclassified 37, 57 G classification 50-1, 79 Guidelines for the Classification of

Computer Games 4, 13, 19, 50, 56, 61 M classification 52-3, 79 MA 15+ classification 53-5, 79 National Classification Code 79 PG classification 51-2, 79 R 18+ classification 55-6, 79 RC Refused Classification 37, 56, 79 Convenor (Classification Review Board) 10, 67

overview Converging Audiovisual World 19 correspondence 60-2 The Counselor 60 Crimes Act 1914 12 Crimson Dragon 52 Customs (Prohibited Exports) Regulations

1958 6

Customs (Prohibited Imports) Regulations 1956 6, 12

D Danganronpa 2: Goodbye Despair 52 Dark Souls II 52 Daylight 52 de Zwart, Melissa 69, 73 Deadly Premonition: Director’s Cut 67, 73 Deadpool 67, 73 decisions (Classification Board) 18

advertisments 37, 57 call ins 57 computer games 36-7 enforcement agencies 38-9 exemption certificates 37, 57 fee waivers 38, 57 films 34-6 internet content 39, 56-7 public good classifications 38-9 publications 33-4 quality decision-making 33 revocation 33, 57 timeliness 32

INDEX

decisions (Classification Review Board) 71-2 Delezio, Ron 28 determinations Classification (Advertising of Unclassified

Films and Computer Games Scheme) Determination 2009 6 Classification (Markings for Certified Exempt Films and Computer Games)

Determination 2007 37 Director (Classification Board) 10 overview 18-20 Disgaea D2: A Brighter Darkness 51 documents, categories of 13 Don Bradman Cricket 14 50 Doratis, Dianne 28 Driving Simulator 2013 50 Duke Nukem 3D: Atomic edition 54 Duke Nukem 3D: Megaton Edition 54

E The Elder Scrolls Online 52 enforcement agencies 38-9 ethical standards 12 exemption certificates 37, 57 Eyjafjallajokull 46, 47

F Fable Anniversary 55-6 Federal Register of Legislative Instruments 5 fee waivers 38, 57 Fenton, Jeremy 20 Film Exhibition and Distribution Code

Committee 19 film festivals Guidelines 5 films 44

Additional Content Assessor (ACA) Scheme 5-6 advertising for 37, 57 call ins 57 classification for public exhibition 34-5 classification for sale/hire 35-6 complaints 60 decisions 44 exemptions to show unclassified 5, 37 G classification 44-5, 78 Guidelines for the Classification of Films 4,

13, 44

M classification 46-7, 78

MA 15+ classification 47-8, 78 National Classification Code 78 PG classification 45-6, 78 R 18+ classification 48-9, 78 RC Refused Classification 35, 49-50, 78 unclassified, advertising 37 X 18+ classification 49, 78 financial management 11 Flashback 51 Foul Play 51 Free Birds 44 freedom of information 13 Freedom of Information Act 1982 13 Fuse 67, 73

G G Classification computer games 50-1, 79 films 44-5, 78

Gamieldien, Zahid 13, 18, 21, 25 Garrett, Wayne 28-9 Gears of War: Judgment 67, 73 Geraghty, Geoff 29 Glasson, Moya 18, 21, 26 glossary 80-3 Goat Simulator 54 God Mode 67, 73 Grace of Monaco 45 The Grand Budapest Hotel 46, 47 Grand Theft Auto V 55, 61 Grown Ups 2 60 Guidelines for the Classification of Computer

Games 4, 13, 19, 50, 56, 61 Guidelines for the Classification of Films 4, 13, 44 Guidelines for the Classification of

Publications 4, 13, 42 Gulaab Gang 46

H Hooters 43 A House Divided 55 The House of Sin 49 How to Train Your Dragon 2 45 The Hunger Games 46 Hustler 43

INDEX

I In Bob We Trust 45, 46 industry assessors 5 Inside Llewyn Davis 67, 73 Intellectual Property Awareness Foundation 19 Interactive Games and Entertainment

Association (iGEA) 20 Intergovernmental Agreement on Censorship 4 International Film Classifiers Conference 19 internet content

decisions 39, 56-7 RC Refused Classification 39

J Jack, Dr Andrew 20 Jakob, Serena 19, 21, 26, 26 Jappeloup 45 Jolly, Fiona 68, 73 Just Dance 2014 50 Kamasutra 49 Keenan, Hon Michael 17, 65, 67 key achievements 32 Killer Instinct 52 Killer is Dead 67, 73 Killzone: Shadow Fall 53 Korea

Communications Standards Commission and Media Rating Board 20

L La Grande Beliezza 48 La Venus a la fourrure 48 Lean Six Sigma Framework 20 Lego Ninjago: Nindroids 51 letter of transmittal 17, 65 Lyle, Richard 20

M M Classification computer games 52-3, 79 films 46-7, 78

MA 15+ Classification computer games 53-5, 79 films 47-8, 78

Magic 2015: Duel of the Planeswalkers 52 May, Benjamin 29 Media Classifiers Association of Australia 20 Meerkats 3D 44 meetings 11, 73

membership 12-13 temporary members 18, 27-30 Minister for Justice 12, 67 letter of transmittal 17, 65 Motion Picture Distributors Association of

Australia 19, 20 Muppets Most Wanted 44, 60 Muscle Shoals 45, 46

N Narisetty, Vijay 29 National Association of Cinema Operators 19, 20

National Classification Code 4, 76-9 National Classification Database 12 National Classification Scheme 4, 18 Commonwealth 4-5

overview 4 review 14, 19 states and territories 5 New Zealand 20 Film and Video Labelling Body 19 Nymphomaniac [Parts 1 & 2] 48

O O’Brien, Lesley 18-20, 21, 22 Ombudsman Act 1976 12 online content

regulation 7 Orc Attack: Flatulent Rebellion 52-3 Outlast 55

P Pac-Man and the Ghostly Adventures 50 Paranormal Activity: The Marked Ones 48 PAX gaming exhibition 20 People 43 Personal Information Digest 14 PG Classification

computer games 51-2, 79 films 45-6, 78 Phelps, Ben 20 The Picture 43 The Picture: 100% Home Girls 43 The Picture Premium 43 Planes 44, 45 privacy 14 Privacy Act 1988 14 publication classification decisions 34 publications 42

INDEX

call ins 42, 57 Category 1 restricted 43, 77 Category 2 restricted 43, 77 classifications 42-4 complaints 60 decisions 33-4 definition 42 Guidelines for the Classification of

Publications 4, 13, 42 National Classification Code 77 RC Refused Classification 44, 77 serial classifications 44 Unrestricted 42-3, 77

R R 18+ Classification computer games 55-6, 79 films 48-9, 78

Rampage 67, 73 Randall, Greg 29-30 RC Refused Classification computer games 37, 56, 79

films 35, 49-50, 78 internet content 39 publications 44, 77 reporting 11 Rio 2 44-5 Rise of the Individual 19 risk management 12 Ritter, Jonquil 20 Rubensohn, Victoria 67, 68, 73 Ryse: Son of Rome 55

S Saints Row IV 54-5, 60, 61, 67, 73, 74 Saving Mr Banks 45 Senran Kagura: Bon Appetit!-Hanzo X

Crimson Squad 53 serial classification declarations 34 publications 44 Ship of Theseus 46, 47 Sid Meier’s Civilization V: The Complete

Edition 51 Skylanders Swap Force 50 Slender: The Arrival 53 Slender: The Eight Pages 53 Smith, Jane 70, 73

South Park: The Stick of Truth 55, 56, 60, 61 State of Decay 55, 60, 61 Strider 52 Super Motherload 50-1

T television Authorised Television Series Assessor (ATSA) Scheme 6

Thanks for Sharing 48 To Train up a Child 60 Tom Clancy’s Splinter Cell Blacklist 67, 73 Total Recoil 52 Tropico 5 51

U Ultra Street Fighter IV 52 unclassified content computer games see computer games

exemptions to show 5, 35 films see films Unrestricted classification, 42-3 Value Stream Mapping (VSM)principles 20

W The Walking Dead 67, 73 The Walking Dead: Season 2 — Ep 2 55 The Walking Dead: Survival Instinct 67, 73 Watch Dogs 61 website 12 Whitta, Nathan 30 Wilson-O’Connor, Leanne 30 Wolf Creek 2 48, 49 The Wolf of Wall Street 48, 49, 60 Wolverine XXX 49 Wooldridge, Marc 20 Worms Revolution Extreme 51

X X 18+ Classification films 49, 78 X Rebirth 52

Z Zelinka, Sue 30

LEVELS 5 & 6 23-33 MARY STREET SURRY HILLS NSW 2010

LOCKED BAG 3 HAYMARKET NSW 1240

T 02 9289 7100 F 02 9289 7101

CLASSIFICATION.GOV.AU

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Classification Board and Classification Review Board—Reports for 2013-14 (2024)