Jan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Hansard source

The Classification (Publications, Films and Computer Games) Amendment (Assessments and Advertising) Bill 2008 will streamline the classification process for, as we have heard, TV box sets, film and computer games and reduce a regulatory burden on the industry. The policy initiatives contained in this bill will benefit industry while continuing to protect the interests of consumers. Senator Fielding and Senator Joyce in particular should note that this bill does continue to protect the interests of consumers. The bill includes a raft of safeguards and sanctions to protect the integrity of the National Classification Scheme. Australian families can continue to rely on classification information to make informed entertainment choices for themselves and for those for whom they care.

I thank the various senators who have made a contribution to this debate today and concur with both Senator Brandis and Senator Stott Despoja that this bill has had considerable scrutiny and discussion in the Liberal Party and National Party party rooms, and also considerable consultation with industry, so I think it was a little naughty for Senator Joyce to suggest that there was not enough scrutiny of this bill. Senator Joyce expressed some concern about the impact of new media on children and on families. Senator Joyce and I are probably about the same age and in our home when I turned 13 there was black-and-white television. Things have changed considerably in that time. We have had to deal with enormous changes and to manage a classification system that continues to protect our children and ourselves from inappropriate and unwanted media. As Senator Brandis said, this bill does in fact find that line between protection of children in particular and facilitating an important industry that is operational in Australia. I do believe that Senator Joyce’s concerns are heartfelt, but we need to ensure that fear of new media does not overcome the need to protect our children.

I thank Senator Stott Despoja for her reasoned contribution and support for this legislation and I take this opportunity to acknowledge her work in this area over many, many years. I also thank Senator Brandis for the history of the passage of this legislation, both in the previous parliament and in this parliament. I think that that reinforces the level of scrutiny that the bill has had.

I note that Senator Fielding is intending to move some amendments, which we have just received, during this debate. We will address the contents of those amendments during the committee stage. Senator Fielding talked about the treatment of compilation box sets compared to how they are treated in a classification sense on television. The assessment of content for direct television broadcast does not translate directly to a classification under the Classification Act. Content of all television series is assessed before being broadcast under the television codes of practice. The TV codes of practice do not pick up the full scope of the principles contained in the Classification Act, the National Classification Code and the classification guidelines. Classification criteria for content under television codes of practice are similar but not identical to the National Classification Scheme. I hope that answers the question that you asked.

The classification of a television program received for broadcast will not be a factor in determining the appropriate classification for a box set of episodes of a television series under the new television series assessment scheme. Under the television series assessment scheme, industry assessors will make a recommendation based on the presence of any of the six classifiable elements and the impact of each of the classifiable elements. The six classifiable elements are: themes, sex, language, nudity, violence and drug use. Under the television series assessment scheme, the final decision will remain with the Classification Board. I hope that addresses some of the concerns that Senator Fielding raised.

The bill contains the first package of reforms that will allow films and computer games to be advertised before they are classified, subject to conditions. The new advertising scheme responds to industry concerns that the current advertising framework for unclassified materials is cumbersome and outdated. The increased risk of piracy and rapid advances in technology have led to products only being available for classification very close to their release date. The current system therefore causes difficulties for the marketing of films and computer games. It is no longer viable to prohibit the advertising of unclassified material but provide exemptions for some cinema release films. It is more equitable to permit cinema release and DVD or video films and computer games to be advertised on an equal footing in advance of classification, provided certain conditions are met.

The bill will also put in place a new scheme for compilations of episodes of a television series that has been broadcast in Australia. The purpose of these amendments is to reduce the cost to industry and the processing time for the Classification Board when television series are released for sale or hire.

The television series scheme has been designed to ensure that improvements in efficiency and the reduction of costs do not occur at the expense of consumer confidence in classification processes. The bulk of the advertising and television series self-assessment schemes will be contained in legislative instruments to be made by the Minister for Home Affairs, following consultation with state and territory censorship ministers. This will ensure that these aspects of the National Classification Scheme can remain flexible and responsive. This bill was developed in response to issues raised by industry, while continuing to ensure the integrity of the National Classification Scheme. It makes sensible changes to classification practices, in recognition of the rapidly changing technological environment of entertainment media.

Question agreed to.

Bill read a second time.