Australian Film Classification

Struggling with writing your law essay?

If you're struggling with writing your law essay or problem question, then why not use our custom law essay writing service. You send us the law essay question and we give you the exact answer - in as little as 3 hours. We can help you when you need it most!

Unsure of how our ordering process works? Click here for a step-by-step essay ordering guide.

This report looks at the controversial issue of film classification in Australia. The report starts with a comprehensive investigation into the current Australian legislation used in Australia today. The report then investigates some of the ‘big' issues in the film classification arena. Such issues as pornographic and adult movies and the media's effect on children are discussed in depth. Federal case law and research papers are referenced throughout this section and paint an extremely accurate picture in what these issues are doing to society. The report then evaluates the current laws as objectively and with as little bias possible. Based on the evaluation that takes place, insightful and original recommendations are made in the hope that the law changes to further protect society.

Introduction

Film classification is an extremely contentious issue within today's society. Parents are often outraged at some of the classification decisions that are made; this generally creates the feeling that children are not being protected by the law. On the other hand children are often disappointed when age restricted classifications are made on movies they have been hoping to see.

The current laws are too lenient to and are not doing everything possible to keep the morals of society at an acceptable level. In a day and age where technology is constantly changing and society's morals are changing to match today's technology, the law needs to set some moral boundaries whether society sees it as an issue or not. As well as this the law isn't doing everything possible to ensure our children are being protected from what they see at the movies. As this report will show the effect that the silver screen has on children is startling.

Classification System

Films have to be classified to be in accordance with the Classification (Publications, Films and Computer Games) Act 1995. The films are watched and then classified by the Office of Film and Literature's Classification Board. The board uses the National Classification Code and the Guidelines for the Classification of Film and Computer Games as guides for making decisions regarding classification. Decisions are able to be appealed by special groups and a special appeal board reassesses the classification.

Unrestricted Classification (G, PG, M)

All movies classified G, PG or M are recognized as unrestricted classification, which simply means they are legally allowed to be viewed by anybody. In saying this both PG and M make age based recommendations, PG recommends parental guidance for persons under 15 and M is recommended for persons over 15. The level of content allowed to be shown in each category is as follows: G (very mild content), PG (mild content), M (moderate content). Refer to Appendix 1 for the level of each classifiable element allowed in the respective classifications.

To make a recommendation for persons under the age of 15 not to view the movie and yet not impose any kind of restriction is a really lenient measure. This quite literally means that children of any change can get access to M rated content without the law being able to do anything. The massive technological revolution has led to children being exposed to more and more aspects of the media. As will be discussed later in the report, the effect that the media can have on children, particularly heavy impact material, is mind-blowing.

Restricted Classification (MA15+, R18+, X18+)

All movies classified MA15+, R18+ or X18+ are recognized as restricted classifications. This means that age based restrictions are placed over who can see these movies. The classification make it fairly self explanatory as to who is legally allowed to view these movies. For MA15+, persons under 15 years of age are not allowed to see or purchase a movie unless accompanied by a parent or adult guardian. However, when it comes to R18+ and X18+, under 18's can not see or purchase such a movie regardless as to whether they are accompanied by a parent or adult guardian. The level of content allowed to be shown in each of the categories is as follows: MA15+ (strong impact), R18+ (high impact), X18+ (pornographic material). It is important to note that X18+ rated movies are always pornographic in nature and are illegal for public exhibition in all Australian states and territories and only available for purchase in the Australian Capital Territory and the Northern Territory.

Here is a classic example of the law balancing itself in order to keep all the stakeholders happy. The law upholds the morals of society by drawing a line in the sand when it comes to pornography by not allowing it to be shown or sold in any Australian states. It also allows people the opportunity to mail order it from the Australian Capital Territory and the Northern Territory if they so desire. This aspect of the film classification law will be discussed further, later in the report.

Refused Classification (RC)

Some movies are refused classification. More often then not these are pornographic films that could only possible obtain an X18+ rating. This is often due to sexual violence or fetishes being shown in the films, both of which are totally prohibited in the films. Other types of films that are refused classification are films that have unjustifiably high impact themes or films that encourage or teach about crime. As a result it is illegal to sell or import these films anywhere within Australia.

Consumer Advice

The classification board makes decisions on the rating based on the how high the impact is of each classifiable element. There are six classifiable elements for films, they are: themes (rape, suicide, racism, etc), violence (the level of violence and how threatening it is in its context), sex (refers to intercourse, connotations, innuendos and references to sex), language (the level of course language), drug use (the use of drugs), nudity (the level of nudity, applies to both male and female). The consumer advice doesn't give advice on every classifiable element. Consumer advice is not given if the element in question would be acceptable at a lower classification.

At this stage the law does not require consumer advice to be given on every classifiable element, only those that wouldn't be acceptable at lower classification. This seems like something that would have very little effect on the movie industry and would be a massive win for society as we attempt to protect our children from the media.

Major Issues

X-rating and the Adultshop.com case

The X-rating given to movies containing unsimulated, consensual sex has been under some scrutiny over the last few years. These movies have been given the X18+ rating and some even refused classification. Lobby groups have been angered by this which has resulted in an illegal public screening of a banned movie and a battle with the classification board in the Federal Court. Australians are protected from pornographic movies by Section 11(a) of the National Classification Code. It states that movies that do not meet standards of morality, decency and propriety generally accepted by reasonable adults are not able to be given a classification that allows sale and public viewing throughout Australia.

However, Adultshop.com took the Classification Board to court with the goal to allow X18+ movies (movies containing real, unsimulated sex) to be given an R18+ rating. Using an AG Nielsen survey they presented the court with the idea that 11(a) no longer applied to pornographic material as 76% of Australians were not offended by this material and felt it should be made available for those who wanted to see it. In the end the court ruled that the description in Section 11(a), ‘likely to cause offence to a reasonable adult' is an objective inquiry and not a matter depending on evidence. This particular part of the classification law shows absolutely no leniency and if the legal system wants to keep it that way something needs to be added to the act.

However, it is interesting to note that extensive research was carried out by Dr Berl Kutchinsky, criminology professor at the University of Copenhagen as to the crime statistics as a result of lifting the ban on pornography. Surprisingly, he found that making pornography more readily available hadn't led to an increase in sexual crimes, in fact some such as offences against children had dropped. (Healey, J 2004)

Effect on children

One of the biggest issues in the Australian classification system is a movie has the reach the classification of MA15+ for any kind of age restriction to be imposed. This literally means that children of any age are able to M-rated or moderate impact movies.

61% of shows and movies contain violence of some kind and as a result it has been estimated that young people view 10,000 acts of violence per year, a simply staggering amount. The type of violence and the context was also consistent, with 26% of violent interactions involving the use of weapons, 38% of violent acts being committed by “attractive perpetrators,” more than 50% of violent incidents showing no apparent pain associated with the violence, and almost 75% of violent acts involving no evident remorse, criticism, or penalty for the violence. To the contrary, humour accompanied the violence in 41% of the incidents. (Villani S 2001)

Apart from the obvious Columbine and school massacres, movies are able to influence children to do virtually anything. A scene in the testosterone-driven football movie The Program was cut after copycats re-enacted a dangerous scene. The film showed football players lying in the middle of a busy street, watching cars fly by. Several incidents occurred across the U.S. in which children and teenagers were injured emulating this stunt, resulting in the post-release scene cuts. Wayne's World (1992) and The Spy who Shagged Me (1999) popularised a lot of sexually driven words which have now become playground favourites. Australia, having so many similarities with the US also has serious issues with children and teenagers recreating what they see in the movies, it is just yet to be documented. (Villani, S 2001)

Obviously the law needs to make change to ensure that children are protected from heavily impacting material. Australian children are already desensitised just due to the way society operates to without the assistance from movies.

Evaluation of Current Laws

The current laws do a reasonable job considering where society stands on most issues today. Adults can get access to any kind of material they like so long as it is deemed generally acceptable by reasonable adults. There are age based restrictions to protect children from strong and high impact material. However, there are issues; firstly age restrictions do not apply until MA15+. This means that under 15's have access to M rated movies. This is worrying considering the material that could be contained in a borderline or racy M rated movie. While the children may not see this as any kind of issue the research certainly makes clear the effects that movies have on children. The law needs to make changes to further protect young children from the influence of films.

The law also does a great job from protecting society pornographic material. X rated films are not able to be sold or shown publicly in any of the Australian states. However, with AG Nielsen polls suggesting that Australian's are not offended by such material and of the opinion that it should be available to all who want to see it, it will be difficult to for the law to justify it's stance on Section 11(a) as they did in the case referred to in Section 3.1 of this report. In order for the law to uphold the morals of today's society, a clause needs to be added to Section 11(a), ‘likely to cause offence to a reasonable adult,' saying it is an objective inquiry and not a matter depending on evidence. While the law will have the support of some parental groups and Christian lobbies, as the public becomes more and more desensitized, society as whole will begin to see pornography as acceptable unless some boundaries are put in place.

Remedies

Introduction of further age restricted classification and the protection of children

Australia has three age restricted classifications, being MA15+, R18+ and X18+. However, the British Board of Classification uses a fourth classification of 12+, which would equate to our rating of M. This would be a really positive reform for the Australian film classification. It would protect our young children from the mature themes in our M rated movies and also recognize in this day and age that our children are maturing faster by making the age 12. The 12+ classification would be used like MA15+ is today by not allowing under 12's to purchase or see such movies unless accompanied by a parent or adult guardian. As a result MA15+ would become totally age restricted regardless of whether a parent or adult guardian was accompanying. R18+ and X18+ ratings would remain unchanged.

Movie studios do stand to lose out here though. As children and teenagers are the primary target audience imposing a further age restriction will have financial repercussions for some movie studios. However, the push for tighter restrictions on movie classification may leave studios with no choice but to make less impacting movies, which could solve the problem altogether.

Additional Clause to Section 11(a) of the National Classification Code

After the Adultshop.com case referred to in Section 3.1 of this report, the law has to make changes if it wishes to continue to uphold the moral standards of society. The AG Nielsen polls revealed that Australian's are no longer offended by the material found in X rated films. Regardless of the opinion polls, the law is required to put some boundaries into place when it comes to the morals of society.

At current the interpretation of Section 11(a) leads us to believe that if adults aren't offended they should be able to access it. However, the judge ruled that the statement in Section 11(a) was, ‘an objective inquiry and not a matter depending on evidence.' While this will become part of case law and be used as precedent it would be reassuring to cement it into the law by the means of statute law. It would be beneficial if a clause would be stating that 11(a) is, ‘an objective inquiry and not a matter depending on evidence.'

Compulsory Consumer Advice

This issue was not discussed in Section 4 of this report but mentioned in Section 2.4. Consumer advice on films are horribly inconsistent and misleading. As was discussed in Section 2.4 of this report, consumer advice does not have to be included if the classifiable element in question would be acceptable at a lower classification. If consumer advice on each of the classifiable elements was made available it would protect our children further by allowing parents to know exactly what to expect from these movies. It will also allow adults who want to avoid certain things from movies also have the information at hand. While it may make the packaging of the DVD a little more cluttered and ugly it is a better outcome for the public and means less pressure for the OFLC as some self censorship can become more prevalent.

Conclusion

The Classification (Publications, Films and Computer Games) Act 1995, in conjunction with the National Classification Code and the Guidelines for the Classification of Film and Computer Games do an admirable job at protecting society's children and our moral standards. However, there are defiantly loopholes and inconsistencies within the law that could threaten society's morality and the protection of our children. If the law was to implement all the suggested remedies in Section 5 of this report, these loopholes would be closed and the law would uphold society's morals.

Bibliography

The Australian (online), 2006, Online sex shop appeals film classification, available from URL: www.theaustralian.news.com.au/story/0,20867,20654425-1702,00.html (accessed on 27^th July 2008)
Australian Legal Information Institute, 2007, Adultshop.com Ltd v Members of the Classification Review Board [2007] FCA 1871 (29 November 2007), available from URL: www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2007/1871.html (accessed on 29th July 2008)
British Board of Film Classification, 2008, BBFC – the official website of the BBFC, classification for entertainment, movies and video games, available from URL: www.bbfc.co.uk (accessed on 12^th August 2008)
Greenspan. S, 1999, Movie Madness: How the Sliver Screen Affects Your Teen, available from URL: www.preteenagertoday.com/resources/articles/movies.htm (accessed on 1st August 2008)
Healey. J, 2004, Issues in Society: Censorship and Free Speech, The Spiney Press, Sydney
Office of Film and Literature Classification, 2008, The Classification Board and Classification Review Board, available from URL: www.classification.gov.au (accessed on 22^nd July 2008)
Wikipedia, 2008, British Board of Film Classification, available from URL: en.wikipedia.org/wik/British_Board_of_Film_Classification (accessed on 12^th August 2008)
Wikipedia, 2008, Office of Film and Literature Classification (Australia), available from URL: en.wikipedia.org/wiki/Office_of_Film_and_Literature_Classification_(Australia) (accessed on 21^st July 2008)
Williams. R, 2008, Chopping List – Censored Movies in Australia, available from URL: www.cosmos.net.au/~hologram/chopping/list_home.html (accessed on 14th August 2008)
Villani. S, 2001, Impact of Media on Children and Adolescents: A 10-Year Review of the Research, Journal of the America Academy of Child & Adolescent Psychiatry. 40(4):392-401, April 2001

Legislation

Classification (Publications, Films and Computer Games) Act 1995 (Cth)
Classification (Publications, Films and Computer Games) Regulations 2005 (Cth)
Guidelines for the Classification of Films and Computer Games 2008 (Cth)
National Classification Code 2005 (Cth)
Appendix 1: Guidelines for classification elements of unrestricted classifications (G, PG and M)

G-Rating

THEMES The treatment of themes should have a very low sense of threat or menace, and be justified by context.
VIOLENCE Violence should have only a low sense of threat or menace, and be justified by context. Sexual violence is not permitted.
SEX Sexual activity should be very mild and very discreetly implied, and be justified by context.
LANGUAGE Coarse language should be very mild and infrequent, and be justified by context.
DRUG USE Drug use should be implied only very discreetly, and be justified by context.
NUDITY Nudity should be justified by context.
PG-Rating
THEMES The treatment of themes should generally have a low sense of threat or menace and be justified by context.
VIOLENCE Violence should be mild and infrequent, and be justified by context. Sexual violence is not permitted.
SEX Sexual activity should be mild and discreetly implied, and be justified by context.
LANGUAGE Coarse language should be mild and infrequent, and be justified by context.
DRUG USE Drug use should be justified by context.
NUDITY Nudity should be justified by context.

M-Rating

THEMES The treatment of themes may have a moderate sense of threat or menace, if justified by context.
VIOLENCE Moderate violence is permitted, if justified by context. Sexual violence should be very limited and justified by context.
SEX Sexual activity should be discreetly implied, if justified by context.
LANGUAGE Coarse language may be used. Aggressive or strong coarse language should be infrequent and justified by context.
DRUG USE Drug use should be justified by context.
NUDITY Nudity should be justified by context.
Appendix 2: Guidelines for classification elements of restricted classification (MA and R)

MA-rating

THEMES The treatment of strong themes should be justified by context.
VIOLENCE Violence should be justified by context. Sexual violence may be implied, if justified by context.
SEX Sexual activity may be implied.
LANGUAGE Strong coarse language may be used. Aggressive or very strong coarse language should be infrequent.
DRUG USE Drug use should be justified by context.
NUDITY Nudity should be justified by context.

R-rating

THEMES There are virtually no restrictions on the treatment of themes.
VIOLENCE Violence is permitted. Sexual violence may be implied, if justified by context.
SEX Sexual activity may be realistically simulated. The general rule is “simulation, yes – the real thing, no”.
LANGUAGE There are virtually no restrictions on language.
DRUG USE Drug use is permitted.
NUDITY Nudity is permitted.

Get A Free Essay Quote Order Your Custom Essay

FREE OSCOLA Referencing Generator

Need help with referencing your OSCOLA citations? Our free OSCOLA reference generator will do it all for you!

Do you need to translate this page?

To translate this page into another language, please select the correct language from the box below.

Subscribe below and get new essay/resource uploads direct to your inbox

LOOKING FOR SPECIFIC HELP? We can help you in many law areas!

Did you know that we also provide a service that can help you in other law areas such as:

Want to see what our customers say about us? Click here to watch our video.

Want to become a writer for Law Teacher and earn up to £4,000 per month? Click here now!

Secure your law degree, order your media law essay right now!