Guy Barnett (Tasmania, Liberal Party, Chairman of the Scrutiny of Government Waste Committee) Share this | Link to this | Hansard source

I wish to speak on the Australian Communications and Media Authority—Communications report for 2008-09. It makes a number of observations with respect to what films and different types of media can and cannot be banned in this country. Tonight, I want to specifically refer to the movie Salo, which I find despicable. It is derogatory and demeaning in the most awful, awful way. This movie is no longer banned. It was initially banned in 1975 and then under Labor was released in 1993, but it was re-banned under the coalition in 1997. In recent weeks that has been overturned. That is a great shame. Senator Julian McGauran and I wrote to Minister Brendan O’Connor asking for the government to appeal the decision of the Classifications Board to release that film into the community. It is now available publicly. The minister did not get back to us within the appropriate time and the government has decided not to proceed to appeal the Classifications Board’s decision.

The movie Salo is one of the most awful movies that one could imagine. Our censorship laws, in my view, are broken. The classifications system in this country is simply not working. The laws have been trashed, allowing paedophilia and sexual violence to become acceptable forms on our screens—in the movie theatre, on the television and on our video screens. The fact is that this movie Salo has been rejected previously but is now available. There was a majority decision of the Classifications Board and a minority decision. I know Senator McGauran and I both supported the minority position, which was to reject this movie being allowed into our community. It shows disturbing, strong depictions of torture, degradation, sexual violence and mutilation—including with underage children. The protection of our children should surely be the top priority for us as members, senators and decision-makers in the community. It is simply horrific and why the government has not decided to appeal and to fix the system, I do not know.

I want to commend Family Voice Australia for its leadership in lodging an appeal with the Federal Court. It is supported by both Senator McGauran and myself and by the Australian Christian Lobby. I hope that appeal is successful. I do not know what will happen; that remains to be seen. That is a matter now for the courts. That appeal has been lodged with the Federal Court and has our full support. Since that appeal was made I have certainly received feedback—and I know Senator McGauran has—supporting that effort because of the horrendous and awful nature of this particular movie.

I simply say that in the Senate. I put it on the record. It should be taken to the Federal Court. If the system was not broken, then of course we would not need to go to the Federal Court to remove this movie, Salo, from the view of members of the public. The Rudd government does stand accountable. It has made this decision not to proceed to an appeal. It is overseeing a systemic failure of our classification system and it is not good enough. On the record, I would like to say that I am proud to support the appeal in the Federal Court and I seek leave to continue my remarks.

Leave granted.

Julian McGauran (Victoria, National Party) Share this | Link to this | Hansard source

I want to quickly get up and support my colleague Senator Barnett in his condemnation of this movie. As he said, it was released under a Labor government in 1993, was rebanned under a coalition government in 1997 and now has been released again under a Labor government. People may say, ‘How can that be?’ Ironically, in 2008 this movie was put up for consideration to the Classification Board and was rejected, but in 2010 it was released. The reason for that is that new appointments under this Attorney-General were made between the last time it was rejected again on application and 2010. Over half the Classification Board and the Classification Review Board were replaced by Labor appointees. There is a direct path to this minister in regard to his appointments to the Classification Board and the release of this movie for failing to stop this movie and to act by appealing to the Federal Court—an utter failure. In fact, the government are ticking off on this movie.

What is wrong with this movie? Time does not permit me to discuss it all. I quite understand that in the censorship debate there is a grey area. Just about everyone is going to have a different opinion, some far more conservative than others. Many would call Senator Barnett and me very conservative on issues. You would be surprised: we are not, and we understand that the censorship line has shifted a great deal in the last 20 years since Salo was first made. But certain things have not shifted in the censorship debate. There is a line in the sand, and that line in the sand is the National Classification Code, which both sides of parliament have made law. That is the line in the sand. Go to that code and you will see what is required in regard to classifying movies in this country. In that code there is another clear point, black and white, not open for interpretation, and nor would it be as a community standard: that paedophilia is not for our movie screens and that people under 18 are not to be depicted or implied to be involved in sexual violence, exploitation or degradation. This movie is all about that.

In fact, it is not even people under 18 in this movie. If you have the misfortune to see it or just read the Classification Board’s own report on the movie, you will clearly see that the people involved are under 16. That is against the law, it is against the community standard and the Classification Board and review board have breached it. They have trashed it, and the minister has allowed them to do this. That is why Senator Barnett and the coalition are appealing this to the Federal Court. Senator Barnett says we do not know what our chances are, but I wish we had the weight of the government and their expertise behind us and that we had a minister and a government that had the strength to draw a line in the sand in regard to paedophilia.

Should this movie be released on DVD, society will have been subjected by this government to a redefinition of paedophilia and its acceptance on our screens. This movie’s scenes are so disgusting and so degrading to minors under 16—boys and girls—that they can barely be described. In fact, I would not dare describe them. If anyone listening to the broadcast wants to know exactly what we are talking about—an open and shut case of a movie that ought to be banned, not open to the grey area in the censorship debate—go to the internet and pull off the Classification Review Board’s report on this, particularly that of those brave characters who put in a minority report, and you will see how bad and disgraceful this movie is. That the Classification Board could release on the grounds that it was all in context means that they deserve to be dismissed. Only the government has the real strength to stop this movie, and it ought to. I seek leave to continue my remarks later.

Leave granted; debate adjourned.