David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

My question is to the Minister for Communications, Senator Fifield. The Australian Classification Board can ban videos and games that it considers to be immoral by refusing to classify them. This restricts what brick-and-mortar shops can sell. However, anyone can access videos and games on and through the internet. What are these bans achieving and what harm is being done in the process?

Mitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Leyonhjelm for his prior notice. As colleagues would know, the National Classification Scheme is a joint responsibility of the Commonwealth in conjunction with the states and territories. I am advised that the Classification Board can only refuse to classify content in very specific circumstances which are outlined in the National Classification Code and guidelines. The code and guidelines require that classification decisions are to give effect to certain principles, including that adults should be able to read, hear, see and play what they want but also to take into account community concerns around violence and, particularly, sexual violence.

Refusing to classify content helps to prevent the exposure of children and the public to very high-impact content, including material that promotes terrorism, crime and violence in the community and child exploitation material. A decision by the Classification Board to refuse to classify content is not taken lightly. So far this year, the board has not refused to classify any films, computer games or publications submitted by industry. A decision to refuse classification can be reviewed by the Classification Review Board. It is also important to point out that, under the national arrangements, the enforcement of classification is the responsibility of the states and territories.

I accept that the online environment presents different enforcement challenges to bricks and mortar stores. But there are steps that we can take. For example, our international age rating category tool that we use to classify online, mobiles and games, including on Google Play, requires a commitment from participating distribution platforms to not sell refused classification games to Australians based on geocoding. I understand that there is a very high compliance with this requirement.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Leyonhjelm, a supplementary question.

David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

The Australian Classification Board can also classify films as X18+. In all states except Western Australia an adult can legally buy and possess X18+ rated films, yet in no state is it legal to sell such films—not even in 18+ adult retail stores. Does the board's use of X18+ classifications serve, in practice, as a further ban that hurts domestic stores compared to foreign and online retailers?

Mitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I am advised that each state and territory is responsible for regulating the sale and exhibition of X18+ films in their jurisdiction. As I mentioned earlier, the classification scheme is jointly administered by the Commonwealth with the states and territories. On this particular issue, any future changes to the X18+ category would need to be made to state and territory laws.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Leyonhjelm, a final supplementary question.

David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Link to this | Hansard source

Minister, do you think there is anything we can learn from the Chinese about censorship in the age of the internet?

Mitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I take it there is a certain rhetorical flourish there! Australia's National Classification Scheme is designed to reflect Australian community standards and expectations. We look at what our overseas counterparts are doing in classification, and our priority is to identify better ways to provide Australian consumers with quality information so that they can make informed choices. Our focus and our priority is about equipping consumers with better information; it is not about censorship. But the senator is quite right to point out that the age of the internet creates particular policy challenges. My department is currently working with states and territories on ways to modernise our classification scheme in light of technological and industry changes, and I would be very happy to welcome Senator Leyonhjelm to the Classification Board office in Sydney to receive a personal briefing on these matters. (Time expired)