Censorship in Australia

From Wikipedia, the free encyclopedia

Part of the series on
Censorship
By region
Algeria Australia Bhutan Canada P. R. China Cuba East Germany France Germany India Iran Republic of Ireland Myanmar Pakistan Portugal Samoa Saudi Arabia Singapore South Asia Soviet Union Taiwan (R.O.C.) Thailand Tunisia Turkey United Kingdom United States
By media
Advertisements Anime Books Banned films Re-edited films Internet Music Video games
Other
Book burning Bleep censor Content-control software Corporate censorship Under fascist regimes Pixelization Postal censorship Prior restraint In religion Self-censorship Tape delay Whitewashing This box: view • talk • edit

Australia is a federal nation^[1], and responsibility for censorship rests neither wholly with the states, nor wholly with the federal government.

The Australian Constitution grants the federal Parliament that is constitutionally lawful to make laws governing communications and customs, and the federal government can therefore, under the communications power, legally regulate broadcast media (television and radio), online services (Internet), and under the customs power, the import/export of printed matter, audiovisual recordings and computer games. However, the production and sale of printed matter, audiovisual recordings and computer games solely within Australia is not within the federal powers, and thus lies with the states.

However, as part of a desire to reduce duplication and ensure some national consistency, the states, territories and federal government have agreed to operate a co-operative national classification scheme. Under this scheme, the Office of Film and Literature Classification (OFLC) (a federal body) classifies works. Federal law enforces these classifications with respect to customs, and online services. (Broadcast media are not under the purview of the OFLC, but rather a separate federal agency, ACMA.)

But since the federal Parliament has no power to criminalise the domestic sale or exhibition of printed matter within the States, the States and Territories then as part of the scheme pass their own laws criminalising such sale and exhibition. However, although they have delegated their censorship responsibility in general to the Commonwealth, they reserve the legal right to in specific cases to either:

• reclassify works,
• prohibit works that the OFLC has allowed, or
• allow works that the OFLC has prohibited.

Contents 1 History 2 Current situation 2.1 Feature films 2.2 Television 2.3 Subscription Television 2.4 News, current affairs and documentaries 2.5 Books 2.6 Video pornography 2.7 The Internet 2.8 Computer games 2.9 Music 2.10 Music Artwork 2.11 Political speech 2.12 Creative arts 2.13 Mobile content 3 Recent controversies 4 Upwards Referral 5 See also 6 External links 7 References

[edit] History

• Lady Chatterley's Lover trial.
• Censorship of live theatre.
• Introduction of the OFLC in the 1970s.
• Gradual relaxation of guidelines.
• The Graham Kennedy crowcall incident.
• Relatively relaxed attitudes of Australian network television relative to the United States but stricter than continental Western Europe.

[edit] Current situation

As of 2005, censorship regime is largely the purview of the OFLC, a statutory body which operates independently of the Federal Government.

Failure to obtain classification is an implicit ban and the OFLC occasionally refuse to give classification. All feature films, videos, computer games, and magazines that contain sexual content for commercial release are required to be submitted to this body, made up of “community representatives” appointed by the government for two-year terms.

Some films (those made for educational or training purposes, for instance) are exempt from classification under certain conditions. In addition, film festivals may screen films that have not been classified, as long as they restrict entry to those 18 and over.

In addition to the OFLC, the Australian Communications and Media Authority is also active in making recommendations and setting guidelines for media censorship. Confusion has recently arisen between the three bodies over censorship of mobile content (see below).

The OFLC is NOT responsible for classifying television shows. Television is regulated by the ACMA, and the content of free-to-air commercial television is industry-regulated under the Australian Commercial Television Code of Practice. However, the OFLC does administer the classification of TV programmes for private sale (eg. DVD and video), using the same rating classes and advisory graphics as for feature films.

[edit] Feature films

The classification system for visual content is largely standardised for television, videos, and feature films. The current guidelines, which have changed relatively little over the past few years, may be summarised as follows:

The “E” rating indicates material that is exempt from classification.

The “G” rating indicates material that is for general exhibition. Violence must “have a low threat and be justified by context”, sexual activity, nudity and drug use may only be “very discreetly implied”, and coarse language must be “very mild and infrequent”.

The “PG” rating recommends parental guidance for young viewers. It is more relaxed in all categories. Violence should be mild and infrequent, and drug use and nudity should be justified by context. Coarse language must be mild and justified by context. This category allows the use of words such as "shit" and "bitch".

The “M” rating is recommended for mature but relatively young audiences. Language is moderate in impact, allowing the use of words such as "fuck" or "cunt", but "aggressive or strong coarse language" should be infrequent, and sex may be moderately implied. Sexual violence must be limited. Drug use can be depicted in context. This is the highest unrestricted rating.

The “MA15+” rating is restricted to those 15 and over meaning those under 15 cannot legally view the film without being accompanied by a parent or legal guardian. It may contain strong bloody violence if justified by context, strong implication of sexual activity, and strong impact coarse language (though “very coarse language” should be infrequent), and “strong themes”.

The “R18+” rating is restricted to those 18 and over, meaning those under 18 cannot legally view the film. It can contain virtually anything, but sexual violence must be “justified by context”, and sexual activity can be “realistically simulated”. This is a general rule rather than an explicit guideline; films such as 9 Songs and Romance contain real sexual activity.

The “X18+” rating is restricted to people over 18. It can depict explicit non-simulated sexual activity, however all activity must involve only adults in terms of the performers’ age and the perceived age of the characters, must not demean any of the participants, and must not involve the depiction of “sexual fetishes such as golden shower(s), application of candle wax, spanking, or fisting”. This can only be legally sold in the Northern Territory and the ACT, but it is legal to purchase such films interstate via mail order.

• A film is Refused Classification if it does not meet the above guidelines for any category. The distribution and exhibition of such films is a criminal offence that carries a fine of up to A$275,000 and/or 10 years jail.

Initially introduced solely for feature films and games, the icons shown above have been in use by the Nine and Ten television networks since February 2006, and by the Seven Network as of late May 2006. In television usage, the images used to solely appear on full screen advisory pages, but are now starting to show up on adverts for programs and when a program returns from an ad break. The icons are now also starting to appear on most Pay TV channels in Australia on the avisory screens as well as in adverts for other shows.

[edit] Television

Although not regulated by the OFLC, television classification guidelines are similar, but not identical as many TV shows and films are given harsher or more lenient classifications when broadcast on television^[2].

• P rated material is intended for preschoolers.

• C rated material is intended for children. It is similar to the G classification in terms of film content.

• G rated material is suitable for all audiences.

• PG rated material recommends parental guidance for young viewers.

PG rated material cannot be screened between 6am and 10am, and also cannot be screened between 4pm and 6:30 pm on weekdays. It can be screened on weekends without restriction.

• M rated material is recommended for mature but moderately young audiences.

M rated material can be screened any time between 8:30pm and 5:00am, and may also be screened during the day between 12:00pm and 3:00pm, but only on schooldays. Many films are edited to M ratings for commercial reasons as it allows them to air at 8:30pm rather than a later 9:00pm timeslot, and some M-rated films are actually edited in order to keep their M rating due to television not being regulated by the OFLC.

• and There are two 15+ ratings, MA15+ and AV15+.

Both are suitable only for those 15 years and older, but this is not legally restricted as TV is a broadcast medium. MA15+ rated material can be shown between 9:00pm and 5:00am. The AV15+ rating signifies that the program contains significant violence, and may only be shown between 9:30pm and 5:00am.

Note: R-rated material is sometimes shown on broadcast television in Australia such as Eyes Wide Shut, Basic Instinct, Pulp Fiction, and Kill Bill. Such films are usually edited to make the films more appropriate for an M, MA15+ or AV15+ audience. In practice, Australian broadcast television is considerably more relaxed about sex and coarse language than the American networks.

[edit] Subscription Television

On subscription television, some channels have been able to carry R18+ rated material:

• The foreign-language service World Movies frequently carries R18+ rated movies.
• R18+ Rated material constitutes the entire Adults Only Channel.
• Movie One occasionally airs Bully as an R18+ rated movie.
• Other Channels rarely, if ever, air R18+ rated Material.

General entertainment channel Arena was unable to show the uncut R18+ rated version of Reservoir Dogs after promoting it heavily in 1998. Arena eventually decided not to air the movie at all, claiming they were unable to cut the movie to meet an MA15+ rating. X-rated pornography is legally shown in the ACT on TransACT's subscription television service “TransTV Digital”.

Enforcement of classification laws is through an agreement between the Federal and the eight state and territory governments, so the federal and state police would be involved in the arrest and prosecution of anybody violating the classification laws. There is one exception with high rating movies on free-to-air TV: the Special Broadcasting Service (SBS).

[edit] News, current affairs and documentaries

News and current affairs programs shown on TV are not classified, but must adhere to.^[3][4]

[edit] Books

Levels of censorship of books are high in Australia compared to other democratic nations (especially in Europe and North America where there is usually zero censorship of any kind, including age restrictions).

Although the Office of Film and Literature Classification Guidelines state that “adults should be able to read, hear and see what they want”, many books are apparently banned simply because they may offend certain segments of the population. Under particularly frequent attacks are books containing erotica, and those concerning illegal drugs.

Enforcement of book bans is sometimes sporadic. In their book TiHKAL, Dr. Alexander and Ann Shulgin state that their earlier work PiHKAL, which was banned in Australia, was apparently standard issue among police and lawyers attending a court case in which Dr. Shulgin served as an expert witness for the defense.

The Melbourne bookstore Polyester Books, which stocks unusual books of many genres, has been raided by police on two occasions for violation of censorship laws. In addition, several adult book stores have been raided by more than 60 police in Sydney. Australian customs also actively seeks and seizes books imported by individuals.

[edit] Video pornography

All the states actually go further than Commonwealth law requires and ban the sale of X18+ rated material, though possessing it and ordering it from elsewhere is quite legal. Therefore, all legal sale of X18+ rated material in Australia occurs by mail order from Canberra in the ACT. In practice, it is widely believed that many sex shops carry extensive stocks of X-rated videos illegally, and state police have shown no inclination to stop the trade.

Restrictions on the “X18+” category of videos were tightened^[5] in 2000 including the restrictions on portrayal of fetishes, and of actors who appear to be minors, after failed attempts by the Howard government to ban the category entirely, and then replace it with a new “NVE” category which would have had similar restrictions.

Pornographic material is openly sold in adult bookstores in the state of Victoria, however legal this practice might be. In practice, it is likely that many consumers of material of the banned material simply switched to the Internet to obtain it. SBS freely discusses and shows their comfortability with porn by showing documentaries on the subject.

[edit] The Internet

Main article: Internet censorship in Australia

Australia’s laws on Internet censorship are, theoretically, amongst the most restrictive in the Western world. However, the restrictive nature of the laws has been combined with almost complete lack of interest in enforcement from the agencies responsible.

Some of the interesting exceptions include an attempt by then NSW Police Minister Michael Costa to shut down Melbourne Indymedia, a case in 2001 involving the US Secret Service that was eventually pleaded out and an attempt by the FBI using the Australian Federal Police to censor a Victorian they alleged was posting threats to the USA.

A collection of both federal and state laws apply, but the most important is the federal legislation which came into effect on January 1, 2000.

If a complaint is issued about material on the Internet, the ACMA is empowered to examine the material under the guidelines for film and video. If it is found that a) the material would be classified R18+ or X18+, and the site does not have an adult verification system, or b) the material would be refused classification:

• If the site is hosted in Australia, the ACMA is empowered to issue a “takedown notice” under which the material must be removed from the site.

• If the site is hosted outside Australia, the site is added to a list of banned sites.

This list of banned sites is then added to filtering software, which must be offered to all consumers by their Internet Service Providers. Consumers are not legally required to install such filtering software.

[edit] Computer games

Controversy in the early 1990s over games like Night Trap and Mortal Kombat saw the introduction of a classification scheme for video games in 1994, which stands as follows:

The “E” rating indicates material that is exempt from classification. Games exempt from classification usually include online titles (such as The Sims Online and World of Warcraft) in which the content cannot be regulated, and educational games.

The “G” rating indicates material that is for general play. Violence must “have a low threat and be justified by context”, sexual activity, nudity and drug use may only be “very discreetly implied”, and coarse language must be “very mild and infrequent”.

The “PG” rating recommends parental guidance for young players. It is more relaxed in all categories. Violence should be mild and infrequent, and drug use and nudity should be justified by context. Coarse language must be mild and justified by context. This category allows the use of words such as “shit” and “bitch”. This was formerly known as "G8+", but was changed to PG to be consistent with film ratings.

The “M” rating is recommended for mature but moderately young audiences, around the teen years. Language is relatively free, allowing the use of words such as “fuck” or “cunt”, but “aggressive or strong coarse language” should be infrequent, and sexual innuendo is freely thrown around and sex may be moderately implied, and there is somewhat more violence present. Sexual violence must be limited. Drug use can be depicted in context. This is the highest unrestricted rating.

The “MA15+” rating is restricted to those 15 and over meaning those under 15 cannot legally play or buy the game without being accompanied by a parent or legal guardian. It can contain strong gruesome violence if justified by context, strong implication of sexual activity, much coarse language (though “very coarse language” should be infrequent), and “strong themes”.

There is no R18+ or X18+ rating for video games, meaning that any game that exceeds the MA15+ classification would be automatically Refused Classification and banned.

In the past, computer games faced tougher guidelines than their film counterparts. Nudity of any description was not allowed, nor was sexual activity.

In 1997, Duke Nukem 3D was refused classification despite the fact the earlier shareware version was passed uncut with an MA15+ rating^[6]. The distributor proceeded to sell the game with a self-censor feature permanently on, but the uncensored data was still on the game disc, and soon the majority of the country was playing the uncensored version of the game.^[7] The OFLC tried to have the game pulled from shelves, but it was discovered that the distributor had notified them of this fact and the rating could not be surrendered, so the game was later reclassified and released uncensored with an MA15+ rating^[8].

The next year, the interactive CD-ROM game Tender Loving Care was banned^[9], but when the exact same game was also issued as an interactive DVD it received an MA15+ classification without any problems. This situation was changed in 2003, with film and computer games now sharing the same guidelines.

The Grand Theft Auto series has also been targeted. In 2001, Grand Theft Auto III was refused classification for sexual violence^[10], and Grand Theft Auto: Vice City was modified for that same reason. Grand Theft Auto: San Andreas was originally passed completely uncut in 2004 with an MA15+ classification^[11], but the infamous “Hot Coffee” mod lead to the MA15+ being revoked and the title was pulled from the shelves at a later date^[12]. The game was later re-issued without the hidden sexual content, and received its former MA15+ rating^[13].

Another title to be banned^[14] over a year after its initial release^[15] was ’’Manhunt’’. This did not involve the discovery of any hidden material, the game was simply reclassified due to complaints from a government minister.

Marc Ecko's Getting Up: Contents Under Pressure was banned in 2005 on the grounds that it encouraged crime^[16]. The game's premise was a future world where freedom of expression is suppressed by a tyrannical city government, and to win the game, the player had to express his message through graffiti.

The lack of R18+ and X18+ ratings for games has been the subject of complaint in the gaming community, particularly on the basis that there is no reason why adults should not be able to see content in games that they would see in a film. The nine governments concerned seem unlikely to change the policy in the short term, despite a line in the OFLC guidelines stating that adults may hear, read and see what they wish.

[edit] Music

Music is mainly regulated by the Australian Recording Industry Association and the Australian Music Retailers Association.

The classification scheme was introduced on October 31, 1996 with the following three levels:

• Level 1: WARNING: This album contains explicit language

These recordings contained explicit language, whether used as expletives or otherwise, in the lyrics or spoken dialogue.

• Level 2: WARNING 18+: This album contains explicit language and is not recommended for persons under the age of eighteen

These recordings contained higher impact explicit and language and/or dealt with issues which may have offended some sections of the adult community. There was no restriction on sale to persons under the age of 18.

• Level 3: Material exceeding the upper parameters of 18+

These recordings contained lyrics which explicitly and gratuitously dealt with and promoted, incited or instructed in matters of hard drug abuse, criminal violence, sexual violence, bestiality, incest, child abuse, and being abhorrent activity. They were refused classification as 18+ and not permitted to be sold.

The classification scheme was reformed and introduced on April 1, 2003, with the follwing four levels:

• Level 1: WARNING: MODERATE IMPACT coarse language and/or themes

These recordings contain infrequent aggressive or strong coarse language and moderate impact references to drug use, violence, sexual activity and/or themes.

• Level 2: WARNING: STRONG IMPACT coarse language and/or themes

These recordings contain frequent aggressive or strong coarse language and strong impact references to (or detailed description of) drug use, violence, sexual activity and/or themes.

• Level 3: RESTRICTED: HIGH IMPACT THEMES Not to be sold to persons under 18 years

These recordings contain graphic descriptions of drug use, violence, sexual activity and/or themes which are very intense and have a high impact. They are not to be sold to anyone under the age of 18, and proof of age is required to purchase them.

• Exceeding Level 3: Not To Be Sold To The Public

These recordings contain lyrics which promote, incite, instruct or depict drug use, violence, sexual activity, themes and/or any other abhorrent activity in a manner that would cause outrage and/or extreme disgust to most adults. They are not permitted to be released, distributed or sold to the public.

The new classification system has cleared up ambiguity and has also added a level that (although restricting sales to those 18 and over) has allowed previously banned recordings onto store shelves. However, it is worth noting that these classifications & guidelines carry absolutely no legal ground & are strictly self regulated^[17].

[edit] Music Artwork

Another censored area in music is in the area of CD/record artwork and published lyrics, and some bands, even those from Australia, censor song titles or lyrics themselves to avoid legal trouble.

On May 15, 2003, 207 copies of the CD Avagoyamugs by the Australian goregrind band Intense Hammer Rage were seized by the Australian Customs Service because of the extreme cover artwork and printed lyrics about child pornography and other illegal acts. The three members of the band, Allan Phillip Byard, Christopher Mark Studley and Bradley Maxwell Rice, were charged with a total of seven offences. Byard was charged with importing a prohibited import, selling a prohibited import, and possessing a child abuse product, while Studley and Rice were charged with importing and selling a prohibited import.

Byard was fined a total of $1750 over the importation of the CDs and possession of a child abuse product, while Studley and Rice were fined $500 each in the Burnie Magistrates Court over the importation of the CDs (the other three charges are currently being heard). The CD was classified "Exceeding Level 3" and all copies seized have been destroyed^[18].

[edit] Political speech

Even though the nation prides itself in freedom, Australia lacks an explicitly protected form of freedom of speech. Some individuals possess limited forms of free speech, such as parliamentarians in session, University lecturers in a lecture, or people speaking in a designated domain for speeches. In the late 1990s the High Court of Australia found that there was an implied right of free speech in relation to political or economic matters^{[19][20][21][22][23][24][25][26][27]}. However, in recent history, advocacy of electoral abstinence has been found to be illegal^{[citation needed]}, as attending a designated voting booth, being marked off the Electoral Roll, and retiring to a Voting Booth with a blank Ballot is compulsory in Australia on a given Election Day^[28].

In addition to explicit law, Australia has stringent libel and slander laws which effectively extend to cover the globe (see: Gutnick v Dow Jones).

As of 2006, parody and satire is now legally protected in Australia after the government introduced amendments to the country's copyright laws.^[29] Thus eliminating the possibility of censorship occurring in such a circumstance, as has previously taken place. More information regarding these amendments can be found on the attorney generals department website (http://www.ag.gov.au).

[edit] Creative arts

In 2004, the Australian Centre for the Moving Image was responsible for the censorship of Australian female artist’s work which they had actually commissioned. Videoed images of the artist nailing her body to a tree were reduced in quantity and scale for final presentation to the public, against the artist’s consent.

In 2004, Experimenta refused to include the artwork ‘The Empty Show’ in the publicly installed version of the House of Tomorrow exhibition (it remains on the net.art website ^[30]) due to images of illegally stencilled graffiti which depicted Mickey Mouse with drugs. The issue of Mickey Mouse being defamed was considered the risk, not the drugs. This censorship was known only to the organisers and the artists involved, and thus comprised a form of self-censorship.

Other Australian artists have received funding from public funding bodies, only to discover that their works are too controversial to be shown in this country, notably George Gittoes, whilst still being shown freely overseas. the human rights an equal oppurtunity comissionac act of 1986 discuss the right to freedom of expression.

[edit] Mobile content

In early 2005, the OFLC began to explore options for the development of guidelines restricting content delivered via mobile telephones.

The Australian Broadcasting Authority released official guidelines for the restriction of mobile content which were intended to be in place for a trial period of 12 months. No penalties were advised for breaches of these guidelines, as it was expected that the largest mobile operators would adhere to them.

Within days of the release of these guidelines, the Australian Communications Authority announced that:

• Hardcore pornography and all content that would be classified X18+ or refused classification was banned from mobile phones.
• Phone companies were to check a customer's age before making any content that would be classified MA15+ or R18+ available.
• Mobile phones with chat room services were to monitor all content.
• The ABA had been given the power to remove all outlawed content or services.

These laws affect SMS, picture and video services, but they do not affect live, streamed content, which is loosely regulated under the same guidelines as control live broadcasting on public television. The ACMA took over the control of content when it was formed in 2006 by the merger of the ABA and ACA^[31].

[edit] Recent controversies

Heated debates about classification occur on occasions, however the outright banning of films is quite rare. Since 1995, a total of five films have been banned, a notable example being Salò o le 120 giornate di Sodoma.

However, starting in 2000 with the film Romance, a new crop of “arthouse” films that feature short scenes of actual sex have begun to attract closer scrutiny and in two controversial cases have been banned. The two banned films are:

• Baise-Moi, a French film about two some-time pornstars who take violent revenge after being raped,^[32] and
• Ken Park, an American film about teenagers that features a scene of autoerotic asphyxiation, amongst other sexually explicit scenes^[33]. The ban however is actually due to exploitative sexual depiction of minors, which is a criminal offence in Australia.

Baise-Moi was riginally given a R18+ Classification by the OFLC^[34], however, this was overturned by the OFLC Classification Review Board some 6 months later after the Attorney General of the time, The Hon Daryl William AM QC, used his powers under Section 42(1)(a) of the the Classification (Publications, Films and Computer Games) Act 1995.^[35] to request a Review of the classification.

The banning of Ken Park has attracted considerable media attention and political protest. Prominent movie reviewer Margaret Pomeranz, former host of The Movie Show on SBS and now host of At the Movies on ABC, was arrested (and later cautioned and released) along with several others after attempting to screen what she described as “a wonderful film” at a hall^[36].

Tom Gleisner, host of The Panel (a prime-time comedy/panel discussion show), openly admitted on the show that he had downloaded and watched the film. Former New South Wales Premier Bob Carr has stated that he thinks that the banning of Ken Park and other films is inappropriate, and his Attorney-General Bob Debus will discuss changing the laws with other state Attorneys-General at an upcoming meeting.

The use of criminal contempt of court proceedings in February 2006 by Melbourne businessman Dean McVeigh to shut down a website critical of him has attracted criticism and public attention^[37].

[edit] Upwards Referral

The Australian Broadcasting Corporation operates a system called ‘Upwards Referral’ which is Bureaucratic Censorship. When a subject becomes ‘too hot to handle’ or is deemed potentially challenging, the issue is referred to upper management within the organization.

An example of this occurred in November 1988 on the show “Blah Blah Blah”, when one episode which featured full frontal male nudity by the musical group Lubricated Goat. The incident was repeatedly upwardly referred throughout the ABC Management Hierarchy, and after heated debate, some footage was edited from the final show.

A full account of the ‘Upwards Referral’ process is featured in the documentary In The Raw.

[edit] See also

• Banned films, which includes an extensive list of films banned in Australia.
• Zine
• International Freedom of Expression Exchange - Monitoring censorship in Australia.
• Video game controversy

[edit] External links

• Office of Film and Literature Classification
• Australia extending censorship to Mobile platforms
• Amir Butler: Why I have changed my mind on anti-vilification laws (An article originally published in The Age newspaper)
• Refused Classification - an online database of media either censored or banned in Australia
• Internet Censorship in Australia by Electronic Frontiers Australia (EFA), a group that opposes government attempts to censor the Internet.
• Libertus Australia, a website maintained by Irene Graham, the executive director of EFA.
• Polyester books, stockists of banned and controversial material.
• Chronology of censorship in Australia and New Zealand
• Porn Banned from Mobile Phones June 30, 2005. ’’The Age’’.
• Intense Hammer Rage News Clippings that describe their legal troubles.
• Adultshop.com challenge erotic film classification.]
• Banned Magazine the Online Journal of Censorship and Secrecy
• Philip Nitschke, aka Dr. Death, talks about the banning of his euthanasia book, The Peaceful Pill Handbook

[edit] References