The Classification of Media Content Act

5.4 The ALRC recommends that a new National Classification Scheme should be established based on a new Act—the Classification of Media Content Act.

5.5 A new scheme based on the Classification of Media Content Act would replace the existing classification cooperative scheme for the classification of publications, films and computer games—based on the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (Classification Act) and complementary state and territory classification enforcement legislation—and online content regulation under schs 5 and 7 of the Broadcasting Services Act 1992 (Cth).

5.6 In addition, bringing television content within the scheme would require it to encompass some matters currently dealt with by other parts of the Broadcasting Services Act—and, possibly, the Australian Broadcasting Corporation Act 1983 (Cth)and the Special Broadcasting Service Act 1991 (Cth).

5.7 The Broadcasting Services Act, and codes under that Act, regulate broadcasting services and the content of television in ways that are not directly related to classification—including, for example, in relation to standards for children’s programs and Australian content.[1] The new scheme would govern television content only in so far as it relates to content classification. Other content matters would continue to be regulated by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act and codes.[2]

5.8 The ALRC recommends that the new Act should provide, among other things, for:

  • what types of media content may, or must be classified;
  • who should classify different types of media content;
  • a single set of statutory classification categories and criteria applicable to all media content;
  • access restrictions on adult content;
  • the development and operation of industry classification codes; and
  • the enforcement of the National Classification Scheme, including through criminal, civil and administrative penalties for breach of classification laws.

5.9 Each of these matters is discussed in more detail in the following chapters.[3] However, the new Act would be likely to draw on concepts already contained in the Classification Act (or complementary state and territory enforcement legislation) and the Broadcasting Services Act. For example, the Act would:

  • establish a Classification Board, with functions similar to those currently performed by the existing Classification Board (see Chapter 7);
  • prescribe a single set of classification categories similar to those currently prescribed by the Classification Act for films (see Chapter 9);
  • establish a mechanism for industry codes similar to those currently provided for under the Broadcasting Services Act (see Chapter 13);
  • provide for a Regulator that would exercise a combination of powers currently exercised by the Director of the Classification Board and the ACMA (see Chapter 14);[4] and
  • provide for a regime of offences and penalties based on those currently existing in the Classification Act (and complementary state and territory enforcement legislation) and the Broadcasting Services Act (see Chapter 16).

5.10 While adapting some existing concepts, the new scheme would also constitute a significant modification and consolidation of existing regulation. In this context, the ALRC also recognises the arguments made by the ACMA that the process of convergence can be said to have ‘broken, or significantly strained, the legislative concepts that form the building blocks of current communications and media regulatory arrangements’.[5]

Recommendation 5–1 A new National Classification Scheme should be enacted regulating the classification of media content.

Recommendation 5–2 The National Classification Scheme should be based on a new Act, the Classification of Media Content Act. The Act should provide, among other things, for:

(a) what types of media content may or must be classified;

(b) who should classify different types of media content;

(c) a single set of statutory classification categories and criteria applicable to all media content;

(d) access restrictions on adult content;

(e) the development and operation of industry classification codes; and

(f) the enforcement of the National Classification Scheme, including through criminal, civil and administrative penalties for breach of classification laws.

Recommendation 5–3 The Classification of Media Content Act should provide for the establishment of a single agency (‘the Regulator’) responsible for the regulation of media content under the National Classification Scheme.

[1] See Broadcasting Services Act 1992 (Cth) pt 9.

[2] Including those made under the Australian Broadcasting Corporation Act 1983 (Cth) and Special Broadcasting Service Act 1991 (Cth).

[3] A table summarising what content must be classified and by whom, and what must be restricted, is in Appendix 2.

[4] Such as a power to require that a content provider submit a film for classification (the equivalent of the existing call in power of the Director of the Classification Board): Classification (Publications, Films and Computer Games) Act 1995 (Cth) s 23A; and a power to issue ‘take-down’ notices with respect to online content: Broadcasting Services Act 1992 (Cth) sch 7 cl 47.

[5] Australian Communications and Media Authority, Broken Concepts: The Australian Communications Legislative Landscape (2011), 5.