Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007

Overview

The Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007 was enacted by the Parliament of Australia to address the problem of publications, films, and computer games that advocate terrorist acts. This Act amends the Classification (Publications, Films and Computer Games) Act 1995 by introducing a new classification category, Refused Classification (RC), for materials that directly or indirectly counsel, urge, instruct, or praise terrorist acts. The policy objective of this Act is to ensure that such materials are not accessible to the public and thus do not contribute to the incitement of terrorist activities. By specifying that materials depicting or describing terrorist acts for the purpose of public debate, entertainment, or satire are exempt, the Act aims to balance the need to prevent the spread of terrorist material with the protection of freedom of expression. The Act came into effect on the day following its Royal Assent on 28 September 2007.

Scope and Application

The Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007 amends the Classification (Publications, Films and Computer Games) Act 1995 by introducing provisions to address publications, films, and computer games that advocate terrorist acts. This Act applies to any publication, film, or computer game that advocates the doing of a terrorist act, as defined by section 100.1 of the Criminal Code. The Act mandates that such material must be classified as "Refused Classification" (RC). The Act applies to these items regardless of where the action, threat, or intended outcome of the terrorist act is situated. The amendments specifically target the conduct of directly or indirectly counselling, urging, or providing instruction on the doing of a terrorist act, or praising such acts in a manner that risks instigating others to commit terrorist acts. The Act is intended to ensure that such material does not circulate widely, thereby preventing potential incitement. The changes introduced by this Act apply to decisions made by the Classification Board or Review Board on or after the Act's commencement.

Key Provisions

The Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Act 2007 introduces significant changes to the Classification (Publications, Films and Computer Games) Act 1995. The key operative sections of this legislation, specifically section 9A, mandate that any publication, film, or computer game that advocates the doing of a terrorist act must be classified as RC (Refused Classification). This requirement is outlined in section 9A(1). A publication, film, or computer game is considered to advocate a terrorist act if it directly or indirectly counsels, urges, or provides instruction on the doing of a terrorist act, or if it praises such an act under circumstances where there is a risk that it might incite someone to engage in a terrorist act, as specified in section 9A(2). It is important to note that this provision does not apply if the depiction or description of a terrorist act is part of public discussion, debate, or entertainment or satire, as outlined in section 9A(3). The Act imposes specific obligations on the classification boards, requiring them to assess whether a publication, film, or computer game advocates a terrorist act in accordance with the criteria set out in section 9A. This includes examining the content to determine if it directly or indirectly counsels, urges, or provides instruction on the doing of a terrorist act or if it praises such an act under the specified circumstances. The Act further clarifies that if a publication, film, or computer game merely depicts or describes a terrorist act as part of public discussion, debate, or entertainment or satire, it is not subject to the RC classification, as stipulated in section 9A(3). The legislation also outlines serious consequences for breaches of its provisions. While the Act itself does not specify particular offences or penalties, any publication, film, or computer game that is found to advocate a terrorist act and is classified RC may face additional scrutiny and legal action under other laws. For instance, the promotion or facilitation of terrorist acts under the Criminal Code can result in significant criminal penalties, including imprisonment for up to 25 years, as detailed in section 102.7 of the Criminal Code. Consequently, non-compliance with the classification requirements of this Act could lead to substantial legal repercussions under other relevant legislation.