Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012

Overview

The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 was enacted by the Parliament of Australia to amend the Classification (Publications, Films and Computer Games) Act 1995, introducing a new "R 18+" category for computer games. The primary objective of this legislation was to address the need for a specific classification category that acknowledges the differences between computer games and other media, such as films and publications, in terms of content and the potential impact on younger audiences. By implementing the R 18+ classification, the Act aimed to provide a more nuanced approach to regulating computer games, ensuring they are appropriately categorised based on their content and potential effects, while still allowing access to adult content for those who are deemed suitable consumers. The Act commenced on 1 January 2013, and it includes consequential amendments to the Broadcasting Services Act 1992 to ensure consistency in the classification of restricted content across different media types. The legislative amendments made by this Act apply to decisions made by the Classification Board and the Classification Review Board on or after the commencement date, including decisions relating to applications made before that date.

Scope and Application

The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 amends the Classification (Publications, Films and Computer Games) Act 1995 to introduce a new classification category, 'R 18+', for computer games. This Act applies to decisions made by the Classification Board and the Classification Review Board on or after 1 January 2013, including any applications made prior to that date. The introduction of the 'R 18+' category provides an additional classification option for computer games that are deemed suitable for individuals aged 18 and over but not for younger audiences, thus extending the existing classification framework to include computer games. The Act also amends the Broadcasting Services Act 1992 to incorporate the new classification category within the definition of restricted classifications. This ensures consistency across media platforms in the classification and regulation of content. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its application is primarily confined to the decisions of the relevant classification bodies as outlined.

Key Provisions

The Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Act 2012 (Act) introduces a new R 18+ classification for computer games, complementing the existing MA 15+ classification. Section 7(3) of the Classification (Publications, Films and Computer Games) Act 1995 is amended to include the R 18+ category. This category is intended for games that contain content that may be unsuitable for individuals under 18 years of age but are not as severe as those warranting the most stringent classification. Section 20(1)(b) is also modified to allow for the R 18+ classification to be applied to computer games alongside the MA 15+ classification. Furthermore, Section 42(5) is amended to include the R 18+ classification in the definition of a restricted decision, ensuring that decisions concerning this classification are subject to the same review processes as other restricted classifications. The Act imposes specific obligations on parties involved in the classification and distribution of computer games. Developers and publishers must ensure that computer games intended for the R 18+ classification are appropriately assessed and classified by the Classification Board. The Board is required to apply consistent criteria in determining whether a game falls within the R 18+ category, ensuring that the classification reflects the content and its potential impact on audiences under 18. Retailers and distributors are also obligated to adhere to the classifications assigned by the Board, with specific restrictions on the sale and supply of R 18+ games to individuals who are under 18. This includes maintaining records to verify compliance and cooperating with any audits or inspections conducted by regulatory authorities. Failure to comply with the provisions of the Act can result in significant penalties. Section 132 of the Classification (Publications, Films and Computer Games) Act 1995, as amended, includes provisions for civil and criminal penalties for breaches. Civil penalties can include fines up to $111,000 for individuals and $555,000 for bodies corporate, reflecting the severity of non-compliance. Criminal penalties may apply in more egregious cases, with individuals facing imprisonment for up to two years and bodies corporate being liable for fines of up to $555,000. Additionally, the Broadcasting Services Act 1992 is amended to include the R 18+ classification within its definitions, ensuring consistency across media and reinforcing the regulatory framework governing the classification and distribution of restricted content.