I asked the Classification Board about publications that are considered obscene material for children and whether the rating system available to the board to make an accurate rating is allowing such material to slip through the classification cracks.
I have for some time been campaigning on the powers the Classification Board has to stop kids having access to graphic novels that are nothing more than pornography.
After having my concerns deflected at the last Estimates, I was pleased to find the Classification Board does agree that there is a need to expand the range of options they have for the classification of graphic novels for children.
At the moment the choice is either to not classify the publication that allows any child to access it in a store or library, or R, meaning the publication can only be displayed in a plastic wrapper and sold to adults. The rating in the middle is M, which means 15 and up, however this is only an advisory rating and does not serve to limit children accessing the publication in any way.
I am pleased to see the Classification Board is now seeking to add a further, legally binding restriction on these publications.
I am concerned the time frame seems to be open-ended and will continue to pursue the Minister and the Classification Board to get this loophole closed sooner rather than later.
Transcript
Senator ROBERTS: First question—thank you for being here; that’s the first thing. I’ve asked the Classification Board before about publications that must be considered obscene material for children. Last time it
was the books The Boys and Gender Queer. Since then, the publisher, Hardie Grant, has released Welcome to Sex, which is targeted at 10-year-olds, and the author said actually eight and up. The distinction between eight and 10 is academic. This book was on the shelves of retailers like Target, where a child of any age could purchase it. My question now is the same as it was last Senate estimates. Does the Classification Board have a rating system available to it for graphic novels that allows the board to make an accurate rating, or do you need something between anyone being able to access a publication and R—restricted for sale to adults, in plastic wrapping? Do you need an intermediate classification?
Ms Jolly: As you’ve outlined, the options available for the Classification Board are restricted publications of different types, but they’re restricting publications for over 18-year-olds or freely available. The other option we have is to produce consumer advice, which is not legally restrictive, which advises that the material is not suitable for people under 15.
Senator ROBERTS: Do you need an intermediate classification, then?
Ms Jolly: I think the board’s submission to the Stevens review back in 2020 was that we felt that there would be benefit in having some greater—
Senator ROBERTS: Another category.
Ms Jolly: gradations in classifications.
Senator ROBERTS: Thank you very much. Your answer’s really clear. Minister, in my meeting with Minister Rowland, I was advised that a review of the classification system would be commenced shortly. Has that
review commenced?
Senator Carol Brown: The review is being taken in two stages. Stage 1, of course, you would understand, included the piece of legislation that was passed recently in the parliament and received royal assent on 14
September, and that will commence next year, in March 2024. The stage 2 reforms aim to bring the scheme into alignment with the modern media environment, particularly the treatment of online content. Do you want me to tell you what those reforms go to?
Senator ROBERTS: I really just want to know: is it looking into options available for written publications?
Senator Carol Brown: This is a result of the 2020 review of Australian classification regulation, the Stevens review, which was handed to government in 2020 and released in 2023, and one of the things that it is looking at is to ensure that the classification criteria are evidence based and responsive to evolving community standards and expectations.
Senator ROBERTS: Is it looking into the options available for written publications—another classification, for example?
Senator Carol Brown: The review is quite broad, and it will refine the purpose and scope of the National Classification Scheme, so it will establish—
Senator ROBERTS: The review has commenced?
Senator Carol Brown: Informal consultation with government stakeholders has commenced. Public consultation will occur early in 2024.
Senator ROBERTS: So it is looking into options available for written publications. The public will get the opportunity to comment early in 2024. What is the time frame for recommendations?
Senator Carol Brown: I might hand to the deputy secretary to give you some time lines—if that’s what you’re after?
Senator ROBERTS: Yes, please.
Mr Windeyer: I don’t think I can give you a date for conclusion at this point. I’m happy to take on notice to see if we’ve got some more precise time lines developed at this point, but the key point is: we’ve started
preliminary consultations with some internal-to-government stakeholders. Public consultation will commence early next year. But I don’t have a set date for the conclusion of the review.
Senator ROBERTS: Could you take that on notice.
Mr Windeyer: I’m happy to take that on notice.
Senator ROBERTS: Thank you.