The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 (Act) has been amended to include an R 18+ category for computer games. This Act relates to activities in the Australian Capital Territory. As part of a collaborative scheme, other Australian States and Territories have enacted similar complementary legislation (with the exception of Queensland) (Classification Acts).
From 1 January 2013 the highest classification category for computer games is now R18+ where previously the highest classification available for computer games was MA15+. Games which receive a classification of R18+ can only be purchased or hired by a person over the age of 18 years. The new classification took effect in all States and Territories in Australia (except Queensland) on 1 January 2013. The new classification is expected to be adopted in Queensland later this year.
Under the Act, "computer games" are broadly defined in Section 5A as follows:
- " A computer game is a computer program and any associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.
- A computer program, data associated with a computer program or a computer program and any associated data that:
-
- is capable of generating new elements or additional levels into a game (the original game) that is a computer game under subsection (1); and
- is contained in a device separate from that containing the original game;
-
is also a computer game."
(some specific exceptions apply under the Act).
The classification of computer games is made by the Classification Board (Board). The Board classifies games based on the Guidelines for Classification of Computer Games (Guidelines) which have been created pursuant to section 12 of the Act.
The Board are required to classify computer games according to 6 classifiable elements which are:
- themes,
- violence,
- sex,
- language,
- drug use and
- nudity.
The Guidelines describe what to expect from each classifiable element within each particular classification category. For example, Language in an R18+ computer game means that the gamer can expect that "there are virtually no restrictions on language". This can be contrasted to Language found within a PG (Parental Guidance recommended for children under the age of 15 years) classified computer game whereby the gamer can expect to find that "coarse language should be mild and infrequent, and be justified by context".
The Guidelines also set out content within the classifiable elements which is considered outside an acceptable level and is therefore likely to result in a classification of RC meaning the computer game has been Refused Classification.
The Act also allows for review of classifications by way of application submitted by certain persons, such as the applicant for classification of a computer game.
The Classification Board has already commenced R18+ games classification. Its first R18+ game – Nintendo's "Ninja Garden 3: Razor's Edge" was classified according to the Board due to its "high impact bloody violence" which was said to be "high impact due to its frequency and the high definition graphics and emphasis on blood effects".
The penalties for offences relating to R18+ computer games vary to some degree across the States and Territories according to the specifically enacted legislation. However, potential fines across the board are not insignificant. In New South Wales for example, the selling or hiring of a R18+ computer game to a minor may attract a fine of $11,000 for an individual and $22,000 for a corporation. Offences may also arise in respect of inappropriately advertising or demonstrating a R18+ game.
Care will need to be taken moving forward by those dealing with computer games to ensure compliance with the new State and Territory regimes.
The assistance of Melissa Corbutt, Solicitor, of Addisons in the preparation of this article is noted and greatly appreciated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
