Brown v Classification Review Board

The respondents, the Classification Review Board, appealed against a decision of the Primary Judge, which had overturned the Board’s decision to classify certain films as R18+. The appellants cross-appealed against the Primary Judge’s decision to order that certain of the films be reclassified as MA15+. The primary issues before the court were whether the Board had exercised its statutory powers in accordance with the relevant legislation and whether the Primary Judge was correct to overturn the Board’s decision.

The court held that the Board had not exercised its statutory powers in accordance with the relevant legislation as it had failed to provide adequate reasons for its classification decisions. The court found that the Board’s reasons were insufficient as they did not identify the material that was considered offensive or harmful, nor did they explain how the material met the criteria for the R18+ classification. The court also held that the Primary Judge was correct to overturn the Board’s decision as the Board’s reasons were inadequate. The court further held that the Primary Judge was correct to order that certain of the films be reclassified as MA15+ as the material did not meet the criteria for the R18+ classification.

The appeal was dismissed and the cross-appeal allowed. The appellants were ordered to pay the respondent’s costs of the appeal.