Overview of the RC category

Legal basis

11.4 The RC classification category is the highest classification that can be given to media content in Australia.[1] The framework under which content may be classified as RC contains three elements: the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (Classification Act); the National Classification Code (the Code); and the Guidelines for the Classification of Publications and Guidelines for the Classification of Films and Computer Games (together referred to as the Guidelines).

Classification Act

11.5 The Classification Act provides that publications, films or computer games that advocate the doing of a terrorist act must be classified RC. However, in all other cases, publications, films and computer games are to be classified in accordance with the Code and the Guidelines.[2]

Classification Code

11.6 The Code provides that publications, films and computer games are to be classified according to separate tables set out in relation to publications, films and computer games respectively.[3] These tables are prescriptive.[4]

11.7 Item 1 within each table describes content that is to be classified RC. The description of RC content is identical in all relevant respects.[5] The Code requires that the RC classification applies to publications, films or computer games that:

  • 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 accorded a classification other than RC—item 1(a); or
  • 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[6] (whether the person is engaged in sexual activity or not)—item 1(b); or
  • promote, incite or instruct in matters of crime or violence—item 1(c).

11.8 The main difference between types of media content that may be classified RC is that computer games determined to be unsuitable for a minor to see or play are to be classified RC because there is currently no R 18+ classification for computer games.[7] However, on 15 February 2012 the Australian Government introduced a Bill[8] to amend the Classification Act to introduce an R 18+ classification category for computer games (along with necessary consequential amendments to the Broadcasting Services Act 1992 (Cth)).[9]

Classification guidelines

11.9 With respect to the RC classification, the Guidelines for the Classification of Films and Computer Games provide that:

Films that exceed the R 18+ and X 18+ classification categories will be Refused Classification. Computer games that exceed the MA 15+ classification category will be Refused Classification.

Films and computer games will be refused classification if they include or contain any of the following:

CRIME OR VIOLENCE

Detailed instruction or promotion in matters of crime or violence.

The promotion or provision of instruction in paedophile activity.

Descriptions or depictions of child sexual abuse or any other exploitative or offensive descriptions or depictions involving a person who is, or appears to be, a child under 18 years.

Gratuitous, exploitative or offensive depictions of:

(i) violence with a very high degree of impact or which are excessively frequent, prolonged or detailed;

(ii) cruelty or real violence which are very detailed or which have a high impact;

(iii) sexual violence.

SEX

Depictions of practices such as bestiality.

Gratuitous, exploitative or offensive depictions of:

(i) sexual activity accompanied by fetishes or practices which are offensive or abhorrent;

(ii) incest fantasies or other fantasies which are offensive and abhorrent.

DRUG USE

Detailed instruction in the use of proscribed drugs.

Material promoting or encouraging proscribed drug use.

11.10 The Guidelines for the Classification of Publications contain similar provisions, with a few significant differences, which are highlighted where relevant.

[1]Classification (Publications, Films and Computer Games) Act 1995 (Cth) s 7.

[2]Classification (Publications, Films and Computer Games) Regulations 2005 (Cth) ss 9, 9A.

[3]National Classification Code 2005 (Cth) cls 1–4.

[4]Adultshop.Com Ltd v Members of the Classification Review Board (2008) 169 FCR 31, [43].

[5] However, note that the table relating to publications also includes descriptions.

[6] The Code as originally enacted referred to a ‘child under 16’.

[7]National Classification Code 2005 (Cth) cl 4(1)(d). See Chs 2, 9.

[8] Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Bill 2012 (Cth).

[9] See also Explanatory Memorandum, Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Bill 2012 (Cth).