CCI symposium flew 28 july 2011


Published on

Published in: Education, Technology
  • Be the first to comment

  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide

CCI symposium flew 28 july 2011

  1. 1. Australia‟s National Classification Scheme: Principles for Reform Presentation to The Big Picture: Socio- Cultural Research and Australia’s Policy Challenges ARC Centre of Excellence for CreativeIndustries and Innovation (CCI) Symposium, Brisbane, 28 July, 2011 Professor Terry Flew, Lead Commissioner, Australian Law Reform Commission 1
  2. 2. Background• ALRC review of Censorship and Classification (1991)• Rapid pace of technological change and community uptake of new media technologies• Community needs and expectations in an evolving technological environment 2
  3. 3. Terms of ReferenceConsider the extent to which • the Classification (Publications, Films and Computer Games) Act 1995; • State and Territory enforcement legislation; • Schedules 5 and 7 of the Broadcasting Services Act 1992; and • the Intergovernmental Agreement on Censorship and related lawscontinue to provide an effective framework for theclassification of media content in Australia The Hon R McClelland MP Attorney-General 3 3
  4. 4. Review timeline Review announced (March 2011) Commissioner appointed (April 2011) Issues Paper released (May 2011) Consultation Process (May-July 2011)Industry and stakeholder Formation of Advisory Public submissions Public presentations consultations committee Release of Discussion Paper (September 2011) Advisory Committee Public consultations Public submissions Public presentations meetings Final Report released (Jan-Feb 2012) 4
  5. 5. The National Classification Scheme Classification Board: • films • computer games • publications (some) ACMA: • broadcasting • online content Enforcement:Customs: • sale• „objectionable material‟ • distribution • advertising 5
  6. 6. So what is the National Classification Scheme? Legislative basis Mode of regulation Responsible Extent of classification agency/iesPublications Classification Act 1995 Govt. Regulation Classification Board Submittable contentFilms Classification Act 1995 Govt. Regulation Classification Board All contentTV & Radio (FTA) Broadcasting Services Act Co-regulation ACMA All content 1992TV (Subscription) Broadcasting Services Act Co-regulation ACMA All content 1992DVDs Classification Act 1995 Govt. Regulation Classification Board All contentComputer games Classification Act 1995 Govt. Regulation Classification Board All contentInternet-based content Broadcasting Services Act Co-regulation ACMA Complaint based - 1992 (Schedules 5 & 7) Restricted/RC content onlyMobile apps None ? ? None at presentAdvertising None Self-regulation Advertising Complaint based Standards BoardArt works Classification Act 1995 (state- Govt. Regulation Classification Board Submittable content based – obscenity)Billboards None Self-regulation Advertising Complaint based Standards BoardHeavy metal t-shirts Classification Act 1995?? ? ? ? 6
  7. 7. 7
  8. 8. Consult, consult, consult• widespread public consultation – – industry – community 8
  9. 9. Consult, consult, consult• Plus – – Attorney-General‟s Department – DBCDE – ACMA – Classification Board – Classification Review Board 9
  10. 10. To date• 38 preliminary consultations• over 2,000 submissions based on May Issues Paper• > 4 x more than ever before in ALRC history!!! 10
  11. 11. Next steps• Consultations• Public seminars• Panels• E-news• Online discussionforum• Submissions 11
  12. 12. National Classification Scheme • Mobile apps • Advertising • Art works • User created content • Music • Broadcasting • Online content • Online games • Feature films • DVDs • Publications (submittable) • Computer games 12
  13. 13. Principles of the Classification Code• adults should be able to read, hear and see what they want;• minors should be protected from material likely to harm or disturb them;• everyone should be protected from exposure to unsolicited material that they find offensive;• the need to take account of community concerns about: – depictions that condone or incite violence, particularly sexual violence; and – the portrayal of persons in a demeaning manner. 13
  14. 14. Differentiating forms of content regulation• Distinguishing features of content• Who should be responsible?• Cost of classifying material• Mutability of content• Possible impact of material – particularly in relation to children• Produced by/for individuals or corporations?• Complaints-based or across-the-board approaches? 14
  15. 15. Incremental change or fundamental reform?"Australias media content regulation system is like a bowl of spaghetti thats been putto the back of the fridge and gets dragged out every five years, reheated with additionalsauce, partly eaten and then put back in the fridge for later. Its complex, tangled andfrom a media user point of view its impossible to tell which bit of media contentconnects to which regulatory framework“ (Catharine Lumby). 15
  16. 16. Problems with the current framework• Technological changes (72% of households have broadband connections; 90% by 2014)• Media convergence blurs legislative distinctions• New products and services whose regulatory status is uncertain (e.g. mobile apps)• New means of accessing content (e.g. games moving online)• Exponential growth in online investigations• Absence of R18+ classification for games (58,000 submissions to AG‟s advisory 2010 – 98% favoured a new classification – in- principle agreement at July 2011 SCAG meeting in Adelaide)• Globalisation of content hosting• Shift in media producer/consumer relationship with user-created content 16
  17. 17. From Silos to Convergence 17
  18. 18. A new techno-economic paradigm• “Each great surge of development involves a turbulent process of diffusion and assimilation. The major incumbent industries are replaced as engines of growth by new emerging ones; the established technologies and the prevailing paradigm are made obsolete and transformed by the new ones; many of the working and management skills that had been successful in the past become outdated and inefficient, demanding unlearning, learning and relearning processes. Such changes in the economy are very disturbing of the social status-quo ... These ... imbalances and tensions... end up creating conditions that require an equally deep transformation of the whole institutional framework. It is only when this is achieved and the enabling context is in place that the full wealth-creating potential of each revolution can be deployed.”Carlota Perez, “Technological Revolutions and Techno-Economic Paradigms”, Cambridge Journal of Economics, 34, pp. 199. 18
  19. 19. Proposed Draft Principles for ReformGeneral Principles of the NCS 1. Australians should be able to read, hear, see and participate in media of their choice 2. Communications and media services available to Australians should broadly reflect community standards, while recognising a diversity of views, cultures and ideas in the community 19
  20. 20. Proposed Draft Principles for ReformGeneral Principles of the NCS 3. Children should be protected from material likely to harm 4. The national classification scheme needs to provide consumer information in a timely and clear manner, and to provide a responsive and effective means of addressing community concerns, including complaints 20
  21. 21. Proposed Draft Principles for ReformGeneral Principles of the NCS 5. The regulatory and classification framework needs to be responsive to technological change and adaptive to new technologies, platforms and services 6. The classification framework should not impede competition and innovation, and not disadvantage Australian media content and service providers in international markets 21
  22. 22. Proposed Draft Principles for ReformGeneral Principles of the NCS 7. Classification regulation should be kept to the minimum needed to achieve a clear public purpose, and should be clear in its scope and application; 8. Classification regulation should be focused upon content rather than platform or means of delivery. 22
  23. 23. To come in September 2011 National Classification Scheme Review DISCUSSION PAPER DISCUSSION PAPER 77 SEPTEMBER 2011 23
  24. 24. Final Report National Classification Scheme Review FINAL REPORTREPORT 117 (ALRC 117) JANUARY 2012 24
  25. 25. For information about ALRC work, copies of speeches and presentations ALRC website – Email: GPO Box 3708, Sydney 2001 25 25