10.1 This chapter outlines the relevance of the Refused Classification (RC) category to this Inquiry and describes the legislative framework for RC content. The current scope of the category is discussed and criticisms are noted of: the breadth of the current RC category; questions relating to its purpose, including the validity of ‘community standards’ and ‘offensiveness’ as bases for refusing classification of material; and whether the scope should be narrowed by focusing on content which is illegal to create or possess, such as real depictions of actual child sexual abuse.
10.2 It is argued that the proposed Classification of Media Content Act should provide that, if content is classified RC, the classification decision should clearly state whether the content comprises real depictions of actual child sexual abuse or actual sexual violence. Identified in this way, such content may be added to any blacklist of content for the purpose of filtering at the internet service provider (ISP) level. The chapter also discusses a pilot study being conducted by the ALRC to research community standards with regard to the current higher level classification categories— MA 15+ up to and including RC.