Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

The opposition welcomes the opportunity to put its views on the Classification (Publications, Films and Computer Games) Amendment (Industry Self-Classification and Other Measures) Bill 2023. The National Classification Scheme conducts important work in delivering on the framework for classifying films, computer games and publications. This bill responds to the recommendations of the review of Australian classification regulation conducted by Neville Stevens AO.

In his review, Mr Stevens highlighted the enormous changes that had occurred since the classification scheme was introduced in 1995. New platforms such as subscription video on demand services, broadcast video on demand, live-streaming platforms, online games, social media and mobile apps were now common. The Stevens review identified that efforts were needed to keep up with the growing volume of online content requiring classification. Changes would help to reduce the time it took for classifications and the costs associated with the classification process.

To help deal with the demand, Mr Stevens recommended self-classification by people trained and accredited by the regulator. These could be in-house staff or third-party classifiers. The work of these classifiers would particularly deal with online films and computer games. The bill provides for a number of safeguards in this system. Those safeguards would include that accredited persons needed to be of fit and proper character, that they have carried out relevant training and that they cannot classify films likely to be rated X 18+ or Refused Classification level. Furthermore, the person's accreditation may be suspended or revoked by the board, and the board may also revoke the classification set by an accredited person.

The bill would provide classification exemptions for non-English language films or for public libraries. The Stevens review had identified that such libraries were finding it hard to source films in languages other than English for culturally and linguistically diverse communities. This was because it wasn't commercially viable to pay the cost of a classification for a relatively small number of copies of a foreign film to be purchased for libraries. The Stevens review recommended the development of an exemption for unclassified films in languages other than English for public libraries. The bill supports that recommendation.

The bill also seeks to broaden classification exemptions for content used during organised community events. These are events which are run by approved cultural institutions. The changes would allow this exemption to now apply at what are considered to be routine events or exhibitions. These changes would be welcome, particularly in our multicultural communities across the country.

The Stevens review highlighted that under existing arrangements classification ratings cannot be carried over between broadcast TV and other platforms such as video on demand. As a result, the same content broadcast on television and other platforms must be classified twice. The bill seeks to pick up on recommendations from the review to reduce duplication and apply a 'classify once' principle for broadcast content. However, the opposition notes that the government was forced to rush in amendments to its own bill in the other place to ensure that the ABC and SBS were not left off the 'classify once' changes. The shadow minister called the government out for that in the other place.

The explanatory memorandum states:

Cost recovery arrangements for industry self-classification may be considered in a future Budget process.

While fees may be applied for accreditation and for training purposes, the bill states that such fees must not be such as to amount to taxation. We understand that this will happen by regulation, and it's important that these costs be kept to a minimum to ensure the intent of the Stevens review to reduce costs is delivered and fulfilled in its entirety.

In conclusion, the changes being proposed in the bill are not seen as controversial and are designed to help the sector adapt to a changing media world. It does appear that what we are seeing is that the government has largely dusted off the less controversial matters in the Stevens review and essentially inserted them in what the minister is now calling the first stage of reforms on classification matters. The more difficult or substantive items subject to reform are being incorporated into what is being called a second stage of classification reform and have been pushed off to a later date. The coalition looks forward to scrutinising what the government decides to bring forward in that second tranche of reform. As the shadow minister told the House of Representatives, these changes enact the work the coalition commenced to update Australia's classification system reforms. They are also in line with our election commitment to modernise the classification system. On that basis, the coalition will support the passage of the bill.