 | |
| Agency overview | |
|---|---|
| Formed | 1917; 109 years ago (1917) (as Commonwealth Film Censorship Board) |
| Jurisdiction | Commonwealth of Australia |
| Minister responsible | |
| Parent agency | Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (current parent agency),Department of Communications and the Arts (until 2020), OFLC (until 2006),Australian Classification Review Board (sister agency) |
| Website | www |
TheAustralian Classification Board (ACB orCB) is an Australiangovernmentstatutory body responsible for the classification and censorship of films,television programmes,video games andpublications for exhibition, sale or hire in Australia. The ACB is located in Sydney.
The ACB was established in 1917 as the Commonwealth Film Censorship Board. In 1988 it wasincorporated for administrative purposes into the Office of Film and Literature Classification (OFLC),[1] until its dissolution in 2006. Following thelegislative changes enacted in theCommonwealth Classification Act 1995, it became known as theClassification Board.
The ACB is made up of adirector, a deputy director, and three otherboard members, appointed by the government for three- or four-year terms, and temporary board members.[2] The ACB does not directlycensor material by ordering cuts or changes. However, it is able to effectively censor media by refusing classification and making the media illegal for hire, exhibition and importation to Australia.
The classification system has several levels of "restricted" categories, prohibiting sale, exhibition or use of some materials to those who are under a prescribed age. Somedocumentaries and films (those made foreducational ortraining purposes, for instance) are exempt from classification under certain conditions.
The Commonwealth Film Censorship Board was created in 1917 to view, classify, and censor films imported from overseas. In the early years of the system there were 3 ratings:[3]
All ratings were advisory in nature and while distributors were required to display them on advertising, there were no restrictions on children's attendance. As such, films with adult ratings were still routinely censored.
Customs MinisterDon Chipp announced significant classification reform in 1970, including published decision registrars and the requirement of cinemas to legally restrict attendees. This ushered in a new era of film classification rather than censorship, and was enacted in 1971. The new ratings introduced were:
In 1984, theNRC rating was renamedPG, due to confusion from parents about whether its content was stronger thanM.
In 1993, theMA 15+ rating was introduced to flag content that was too strong for theM classification, but not so much so that the content should be restricted only to persons over the age of 18.[4] Until 1997, the prescribed marking for the MA15+ rating was, "Restrictions apply to persons under 15 years", before it was later changed to "Persons under 15 years must be accompanied by a parent or adult guardian" onceDVD became prevalent.[5] The Office of Film and Literature Classification (OFLC) was reorganised in 1994, and oversaw the ACB.
A separate classification system was introduced in 1994 for computer and video games. Despite its use of similar ratings names, these were backed by a distinct and stricter set of guidelines. TheOFLC Annual Report for 1993-94 cited ministerial concern that "games, because of the “interactive” nature, may have greater impact, and therefore greater potential for harm or detriment, on young minds than film or videotape".
The four ratings were:
In 2005 the OFLC was dissolved and supervision of the ACB transferred to theattorney-general's department. The current colour-coded classification markings for films and computer games were introduced in May 2005. Moreover, the age descriptors and markers for the advisory ratings such as PG and M15+ were removed. As such, on the descriptors of posters, streaming and home video, the PG rating now only has the signifier, "Parental guidance recommended", and the M rating has "Recommended for mature audiences", without any reference to 15 years.[6]
In 2005, video and computer games became subject to the same classification ratings and restrictions as films, such as G 8+ being replaced by PG (with the exception of theR 18+ andX 18+ ratings), in response to confusion by parents.[7] Despite a line in theNational Classification Code stating that "adults should be able to read, hear and see what they want", the adults-onlyR 18+ classification was not applied to video games in Australia until 1 January 2013.[8] The Department of Communications and the Arts provided administrative support to the ACB from 2006 until 2020, when it was merged into the 'mega department' of theDepartment of Infrastructure, Transport, Regional Development and Communications. Decisions made by the ACB may be reviewed by theAustralian Classification Review Board.[9]
In August 2014, the ACB introduced amendments to allow for the automated classification process employed by theInternational Age Rating Coalition (IARC). This new process reduces the costs of video game developers as they seek to obtain ratings for their products that are distributed digitally online.[10] In January 2019, for the first time,Netflix was given the go-ahead to self-regulate film and television classification on its streaming platform, allowing the company to rank content betweenG andR 18+.[11]
The board operates on a procedure that primarily involvesdecision-making. The members must communicate their views clearly and appreciate the views of others. Board members would be exposed to a wide range of material, including content that is confronting and offensive. Every film and computer game has to be classified before it can be legally made available to the public. Somepublications also need to be classified. Failure to give classification (especially for unclassified material that is likely to be classifiedRC) is an implicitban (except for exempt films, games, and publications). It is an offence "to display, demonstrate, sell, hire, publicly exhibit or advertise a film or computer game" without having it classified. Some films and documentaries (such ascurrent affairs and those created for business, scientific andeducation purposes) are exempt from classification unless, if classified, they would beM or above.[12]
There are legal age restrictions for the ratings ofMA 15+ andR 18+.X 18+ is a special restriction rating for pornographic content.X 18+ is limited only to films, and the highest rating for video games remainsR 18+.[13] Should a game contain content not suitable for or exceeding the boundaries of anR 18+ rating (often explicit sexual content or nudity), that game is usually eithermodified (censored) or, rarely,refused classification (banned) (an exception to this was made forThe Last of Us Part II, where the game was not censored despite containing nudity).[14] The other classification categories (G,PG andM) are merely recommendations and they are not submitted to legal age restrictions.RC (banned) material cannot be sold, hired or distributed to anyone. A film or video game's context is crucial in determining whether a classifiable element is justified by the story-line or themes.
The ACB decides what consumer advice accompanies each classification. They indicate the elements in films and computer games which caused the classification and help consumers make choices about what they read, view or play. There are six classifiable elements for films:themes (rape, suicide, racism, etc.),violence (the level of violence and how threatening it is in its context),sex (intercourse and references to sex),language (the level of coarse language),drug use (the use of, and references to, drugs) andnudity (the explicitness of nudity). Consumer advice appears with the classification symbol on products, packaging and in advertisements. Consumer advice is not given if the element in question would be acceptable at a lower classification.[15] By August 2020, the ACB added another category for video games related tomicrotransactions, with any game including them listingin-game purchases alongside these other themes.[16]
Film festivals and institutions such asAustralian Centre for the Moving Image (ACMI) may apply to the ACB for an exemption from classification for the purpose of screening at a particular film festival or event. If the ACB believes an unclassified work, in their estimation, would receive an X 18+ classification if it were to be classified they would not grant an exemption for public screening, as an X 18+ cannot be exhibited. The ACB may require film festivals to have age-restricted entrance to a festival or screening. The ACB also classifies material submitted by the police, theAustralian Customs and Border Protection Service and theAustralian Communications and Media Authority. The board does not classify live performances, audio CDs and television shows. Television is regulated by the Australian Communications and Media Authority.[17] Film classification also normally applies to Internet streaming services. The ACB now operates under theCommonwealth Classification Act 1995.
The classifications below areunrestricted and may suggestparental advisory, but do not otherwise impose any legal restrictions on access to or distribution of material.[18][19]
| Classification | Description |
|---|---|
.svg) _Large.svg) Exempt (E) | Only very specific types of material (including educational material and artistic performances) can be exempted from classification, and the material cannot contain anything that exceeds the constraints of thePG classification.[20] The assessment of exemption may be made by the distributor or exhibitor (self-assessed) without needing to submit the product for certification by the ACB. Self-assessed exempt films cannot use the official marking, although it is advised that films and computer games that are self-assessed as exempt display, "This film/computer game is exempt from classification". |
.svg) _Large.svg) General (G) | Contains material available for general viewing, i.e. suitable for viewing by persons of all ages. This category does not necessarily designate a children's film or game. Although not mandatory at this category, the board may provide consumer information, usually in relation to impacts on very young children. The content is very mild in impact.
|
.svg) _Large.svg) Parental Guidance (PG) | Contains material that is not recommended for viewing by persons under the age of 15 without guidance from parents or guardians. This category includes material that younger viewers may find confusing or upsetting. The content is mild in impact.
|
.svg) _Large.svg) Mature (M) | Contains material that is recommended for viewing by persons aged 15 years and over. However, people under 15 may legally access such material since this category carries no legal restrictions. This category includes material that may require a mature perspective, but is not deemed too strong for younger viewers. The content is moderate in impact, although in recent years, the "moderate" indicator prefix is omitted from the consumer advice, e.g. "moderate violence" is referred to as "violence".
|
By contrast, the classifications below are legallyrestricted, as explicitly indicated by the black banner at the bottom of the classification label. It is illegal to sell or exhibit material with these classifications to anyone younger than the stated minimum age and is punishable by fines under state laws.[18][19]
| Classification | Description |
|---|---|
.svg) _Large.svg) Mature Accompanied (MA 15+) | Contains material that is considered unsuitable for exhibition to persons under the age of 15. People under 15 may legally purchase, rent, exhibit or view such content, but only under the supervision of a parent or adult guardian. A person may be asked to show proof of age before purchasing or hiring anMA 15+ film or computer game at a retail store or cinema. The content is strong in impact.
|
.svg) _Large.svg) Restricted (R 18+) | Contains material that is considered unsuitable for exhibition to persons under the age of 18. People under 18 may not legally purchase, rent, exhibit or viewR 18+ classified content. A person may be asked for proof of age before purchasing, hiring or viewing anR 18+ film or computer game at a retail store or cinema. Some material classifiedR 18+ may be offensive to sections of the adult community. The content is high in impact. This rating is the highest that can be given to computer games.
|
.svg) _Large.svg) Restricted (X 18+) | Contains material that ispornographic in nature. People under 18 may not legally purchase, rent, possess, exhibit or view these films. The exhibition or sale of these films to people under the age of 18 years is a criminal offence carrying a maximum fine of $13,750. Films classified asX 18+ are banned (via state government legislation) from being sold or rented in all Australian states, but are legal to possess (except in prescribed parts of theNorthern Territory) and are legally available to purchase only in theAustralian Capital Territory and the Northern Territory. ImportingX 18+ material from these territories to the states is legal (as theAustralian Constitution forbids any restrictions on trade between the states and territories). The content is sexually explicit and is therefore very high in impact. |
| Classification | Description |
|---|---|
.svg) Refused Classification (RC) | Contains material that, while being (in most cases) legal to possess, is considered offensive to the standards of morality, decency and propriety generally accepted by a "reasonable adult" to such an extent that it should not be classified. In Australia, all films and video games must be classified by law, and works that are refused classification by the ACB are legally banned from sale, hire or public exhibition, carrying a maximumfine of $782,500 and/or 10 years imprisonment if an individual or organisation is found to be in breach of this. It is legal for people over 18 to possessRC films and games, except inWestern Australia and prescribed areas of the Northern Territory and/or if they contain illegal content (such aschild abuse material). The content is very high in impact.
|
.svg) _Large.svg) Check the Classification (CTC) | The content has been assessed and approved for advertising unclassified films and computer games. "This film has advertising approval. Check the classification closer to the released date" is usually written on the marking.
|
Publications such as books and magazines (though they would also include other printed media such as calendars, cards and catalogues) are required to be classified if they contain depictions or descriptions of sexuality, drugs, nudity or violence that are unsuitable for aminor or an adult who would take offence if sold as an unrestricted publication.
Publication classifications are most commonly applied to magazines with visual depictions of nudity or sexual activity, such as manymen's magazines. It is uncommon for these ratings to appear on books, even those dealing with adult themes, except in the most controversial cases.
| Classification | Description |
|---|---|
 Unrestricted
| These publications have no legal restrictions and are therefore available to persons of all ages, although content may or may not be suitable for readers under 15 years. |
 Category 1 Restricted (CAT 1) | These publications are not available to persons under 18 years. These may contain images of sexualised nudity. They must be distributed in a sealed wrapper. Their covers must be suitable for public display. |
 Category 2 Restricted (CAT 2) | Just likeCategory 1 Restricted restricted publications, they are not available to persons under 18 years. However, they contain explicit images of actual sexual activity which are not permissible underCategory 1 Restricted, and may only be displayed in sites that are restricted to adults. Therefore, no publications that are likely to be classifiedCategory 2 Restricted may be displayed in any public registered event. |
Refused Classification (RC) | RC publications are banned and cannot be sold or displayed anywhere in Australia. Therestricted publications are for adults and they are not to be sold to people under 18 (and inQueensland under state law). They have content, such as nudity or explicit sexual content, that could offend some sections of the adult community. Therestricted categories are subject to various restrictions in different states; for example, one or both categories may only be sold in adults-only premises in certain states. For this reason, some adult magazines are published in two editions in Australia, or just one edited edition which can be sold anywhere with a warning, asunrestricted mature. |
In February 2020, the board proposed to remove the reference to 15 years forPG andM classifications and simply just refer to the severity of the material. This is due to a confusion that is caused by each of the categories citing to a 15-year-old, in addition to both thePG andM content not being recommended for persons under 15 years. The age reference created confusion for parents and guardians, creating some questions, such as why anM level film can still be accessed by a person under 15 without guidance because it is not a legally restricted category, when the impact of its material is higher than that ofPG material. There is a confusion for people that comes from knowing the suited audience forPG,M andMA 15+ films and games due to their definitions that revolve around 15 years of age. The notes in the guidelines that come with thePG,M andMA ratings should be read like this:[21]
In February 2020, the board had suggested the adoption of aPG-13-type classification category, which is a rating aimed at young teens (betweenPG andM), that addresses the mild+ impact level material. Its adoption was suggested because many films in recent years surpass what conforms to thePG rating and are, consequentially, pushed up into anM ("moderate impact") rating category due to their dark themes and peril, despite being films aimed at younger teens. Themild+ category, if introduced, could excel the mild impact level (PG), but not so as to require a mature perspective (M classification) and it could be relevant for films with a more significant amount of action or fantasy violence. If the rating is implemented, the non-restricted classifications would read like this:[21]
This would mean the age restrictive numbers (15 and 18) would only be present for the legally-restricted categories ofMA 15+,R 18+ andX 18+. The ACB is not suggesting that the newPG-13 rating would be applied retrospectively, but rather prospectively, as was the case when theMA 15+ category was initiated and whenR 18+ was adopted for video games. The ACB is also not planning to use thePG-13 title for the new classification category, but a title that does not reference any age, such asYP for "young person" (or, likely,T for "teenager").[21]
The ACB considers the present classification categories for publications to be redundant, complex, and inappropriate for the digital world. Therefore, the board has proposed the creation of the equivalent film and games classifications ofM,R 18+ andX 18+ for publications, like:[21]
Video gaming censorship in Australia is considered to be one of the strictest in the Western world.[31] Such controversial and noteworthy cases include:
Many games were banned before 2011 on the basis that theR 18+ rating did not apply to video games at the time. This was the subject of complaint in the gaming community, who argued that there is no reason why adults should be prevented from seeing content in games that they could see in a film. One of the main opponents to the introduction of anR 18+ rating for video games was the former South Australian Attorney-General,Michael Atkinson, who vetoed every attempt to include one.[39]
On 11 August 2010, at a public forum, opposition leaderTony Abbott was asked a question about his views on the absence of anR 18+ rating for video games and whether he had any policies relating to the subject, saying, "if what happens with video games is not roughly analogous to what happens in other areas, that seems silly ... Instinctively I'm with you, and it's something I'd be happy to look at, if we are in Government."[40][41][42][43] In December 2010, Attorney GeneralRobert McClelland appeared to be moving on this issue following the release of telephone poll results conducted by the Minister for Home Affairs Brendan O'Connor, showing roughly 80% in support of anR 18+ classification.[44]
On 22 July 2011, at a meeting of state and territories' attorneys general, an agreement was reached for the introduction of anR 18+ classification. It was planned to introduce the rating towards the end of 2011.[45]On 22 July 2011, a meeting of attorneys-general produced an in-principle agreement to introduce theR 18+ classification for video games; however, NSW Attorney-GeneralGreg Smith abstained from the vote. The Home Affairs Minister,Brendan O'Connor, said the federal government would over-ride NSW and implement theR 18+ rating regardless of its decision and would be officially available before the end of 2011.[46] On 10 August the NSW Attorney General agreed on theR 18+; thus, the rating would be accepted and available to all states before the end of 2011.[47][48]
As of 1 January 2013, theR 18+ rating has been officially implemented for video games although it is apparently not being used to full effect as many games are still beingrefused classification.[49]
The first game to be released with anR 18+ rating wasNinja Gaiden Sigma 2 Plus. The gameSaints Row IV became the first game to be refused classification under the new standard on 25 June 2013.[50][51]State of Decay became the second game to be refused classification less than 24 hours after the first (Saints Row IV) was banned. Both were refused classification on the grounds of "illicit or proscribed drug use related to incentives and rewards".[52]
Video games classified from 22 September 2024 containing "simulated gambling" will now be classified, at minimum, as R 18+.[53]
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