Film And Video Tape Classification (Amendment) Bill

About this Item
Speakers - Nile Reverend The Hon Fred; Hannaford The Hon John
Business - Bill, Second Reading

FILM AND VIDEO TAPE CLASSIFICATION (AMENDMENT) BILL

Second Reading

Debate resumed from an earlier hour.

Reverend the Hon. F. J. NILE [8.30]: Earlier I was speaking about the problems with some of the surveys that had been conducted dealing with the association between violent films, videos or video games and the behaviour of those who may watch and participate in those violent programs. The research shows a causal link. However, because of the censorship debate, often those opposed to censorship - in a philosophical or even an emotional way - reject such evidence. I am quite convinced that a link exists. Therefore, I am very much in favour of this bill. It will provide for strong classifications and prohibitions on violent video games that could fall into the hands of children, or could be viewed by them.

The issue of video games is a constant problem for all governments. We are moving so rapidly to different forms of technology that often the law is lagging behind the technology. I have been involved with most issues relating to all forms of violent material, pornographic material and material that exhibits both sexual and violent material. Back in the 1970s the Festival of Light was concerned mainly with printed material - magazines and books. We then saw the development of pornographic films and the televising of objectionable material in modified R-rated movies. There then followed videos and other technology. We have witnessed developments in the print media, films, television and video tapes, and now we are dealing with the latest batch of technology which covers video games, bulletin boards, all forms of communication by television - pay, cable and satellite.

When we were studying this problem in the United Kingdom it was obvious that that Government had quite genuine concerns about controlling such material, but it was faced with the dilemma of such technology as satellite television, which beamed prohibited material into the United Kingdom from television stations in Holland. Many pornographic operators were setting up their bases in Holland and sending material via satellite to consumers in the United Kingdom. This was exasperating for the United Kingdom Government.

Video games classification must be addressed because of their impact on children. Children and teenagers become so engrossed in video games. It is not a static activity; they watch the program and actually participate in it. I refer to such games as Night-trap, Mortal Combat, Custer's Last Stand and Auschwitz. Custer's Last Stand depicts the rape of American indian women by uniformed soldiers. The games involve a competition to see how many women can be raped or how many people can be put into a concentration camp gas chamber.

The Hon. R. B. Rowland Smith: Where is this?

Reverend the Hon. F. J. NILE: In video games. These are the video games - the games they play. The impact on the teenager or child playing the games is powerful. They not only watch the video; they participate.

The Hon. R. B. Rowland Smith: Women are being raped?

Reverend the Hon. F. J. NILE: One actually plays the game to see how many women one can rape.

The Hon. R. B. Rowland Smith: You have seen all this happen?

Reverend the Hon. F. J. NILE: On the video games, yes. The Standing Committee on Social Issues inspected some of the video game centres in Sydney. Many of the games have violent themes. They are extremely realistic. The participant can actually play the role of a policeman who shoots people or a gangster who robs banks with a machine gun. He or she aims the gun and shoots at a person who appears on the screen, and points are tallied for each kill. It is a far different situation from the old pinball machines that perhaps some of the members played when they were teenagers, when the player simply tried to get the pinball to hit certain parts of the machine so that a light would flash to score points. In fact, at one of the places our committee inspected the members were taken to a so-called laser zone where we were equipped with a shield made of plastic material and a heavy set of head gear. We were given guns, like machine guns, and split into two teams. The zone was made up like a modern battleground, comprising various barricades and obstacles. The teams then set out to kill each other. The machine-gun is pointed at the other person, a laser light flashes which hits the other person, who is wearing a plastic breast-covering. The plastic device picks up the laser beam and points are registered. It is a game that requires the participants to "kill" their opponents, and those playing the game become intensely involved.

Such games are not directly covered by this legislation. However, the Government should consider including them. There has been a progression to video games, bulletin boards and computerised video games. These games are attractive to children, and because children are being taught to use computers in schools they are becoming adept at using modern technology. Often parents are surprised at how easily their children learn to use modern equipment such as video recorders, computers and video games. That is why it is important that the classifications in the bill include classification G, to cover games suitable for all ages, or games which are regarded as harmless. They could include games involving Disneyland or cartoon characters.

The classification G(8+) applies if the censor is of the opinion that the game cannot be recommended for viewing or playing by children under eight years of age. It is difficult for children up to the age of 10 years to understand the difference between reality and fantasy. The classification M(15+) applies if the censor is of the opinion that the game cannot be
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recommended for viewing or playing by children under the age of 15 years, and MA(15+) if the censor is of the opinion that the game depicts, expresses or otherwise deals with sex, violence or coarse language in such a manner as to make the game unsuitable for viewing or playing by children under the age of 15 years.

One of the additions in the bill is the introduction of the G(8+) classification for computer games in place of the PG film classification. It is important that that classification be included. When the censor seeks to classify video games he or she has a choice of putting them into the classifications I have referred to or refusing classification, therefore prohibiting the video games. This is a more complex area. I am pleased that the Government is prepared to bite the bullet, so to speak, in regard to the classification of video games. The bill states that the censor will refuse to classify a computer game if the game:

(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty or violence, or revolting or abhorrent phenomena, in a manner that is likely to cause offence to a reasonable adult; or

(b) depicts in any form a person (whether engaged in sexual activity or otherwise) who is, or who is apparently, a child in a manner that is likely to cause offence to a reasonable adult; or

The Australian Capital Territory ordinance does not contain provisions covering acts of bestiality, whereas this bill does. Normal people find it difficult to comprehend that humans would engage in sexual activity with animals. However, that category falls under the general heading of pornography, and some people apparently have an addiction to it. This highlights another complex factor in the issue of classifying material. The censor has to make decisions about a whole range of activities, not just about modern technology including bulletin boards and video games. The censor has to decide what should be classified and what should not be classified.

Over the last 20 years there has been a dramatic change for the worse - a development which is degrading, depraved and perverse. Some regard pornography as love-making between a male and a female. They do not understand that over the past 10 or 20 years a whole range of material has developed into different categories for different consumers. These consumers are not mature, nor are they really adult, though they are referred to as adults and the places from which this material can be obtained are called adult shops or adult sex shops. The people who are attracted to this material are immature adults who have not fully developed mentally, emotionally or sexually.

Material is available which depicts two or three people engaged in acts of perversion, group orgies, sexual activities of lesbians and homosexuals, and bondage - during which women are treated in a degrading way and are tied with rope. Violent material is also available which is, in the eyes of the viewer, real violence. In some material which depicts torture, women are actually tortured. In so-called snuff films taken in some Asian and perhaps South American countries women have taken part in films at the end of which they are actually murdered. Such movies are available, and I have been informed that they have been shown in some places in Sydney. Other films depict child pornography and bestiality.

The situation has become complex in regard to the developments in technology and the drastic moral slide into degradation with regard to the content of material. The Australian Capital Territory has become the soft spot - the weak link in the chain. The other States have agreed that they will not provide for classifications "R(18+)" or "X(18+)" video games; they will not be allowed to be sold anywhere in Australia except in the Australian Capital Territory at this stage. I hope the Australian Capital Territory Legislative Assembly changes its mind. Unfortunately, however, recently the Australian Capital Territory Attorney-General, Mr Terry Connolly, said that the proposed restriction would be impossible to police and that it would be healthier for a controlled censored outlet than a boom in underground material.

That is the argument of the porn industry, of the so-called X-rated Adult Association that succeeded in convincing the Australian Capital Territory Legislative Assembly of that policy. The Australian Capital Territory is the only Territory that sells, hires and mails X-rated videos that are prohibited in this State. The Australian Capital Territory produces, sells, hires and despatches material which is prohibited beyond its boundaries. I completely reject the views of the Australian Capital Territory Attorney-General. He is reflecting the views of the pornography industry, which is now based in Canberra and is powerful in the United States and other countries.

Over recent years I have obtained evidence of a direct link between the pornographic industry in Canberra - which is involved in distributing videos, films and video games - and the Mafia in the United States. There is no doubt in my mind that there is an association between individuals moving from Canberra to the United States and crime figures from the United States visiting Canberra. Some of the evidence I have comes from previous employees of X-rated video operators in Canberra - employees have become sickened by the operations of those organisations. I have been given some information by a woman, a prominent figure in one organisation, who has since become a Christian, and I am convinced that the evidence she has shown me is genuine.

The Australian Capital Territory Legislative Assembly should consider carefully the path on which it is travelling. It should come into line with the rest of Australia, take a national view of things and develop a genuine concern for the children of Australia. I have prepared some amendments which I have discussed with the Attorney General. The matters that I have raised in my amendments cover areas at which the Attorney General is still looking.
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I anticipate, after discussions with the Attorney General, that at some future date some of the matters I am raising now will be dealt with in other legislation. It is not possible to incorporate my amendments in the current bill. I agree with the Attorney General that it would be better to incorporate the matters I am raising by way of amendments in a separate piece of legislation.

The issues about which I am concerned are the possession and importation of certain computer games. At the moment emphasis is being placed on the sale and hire of these games, but a loophole is apparent with regard to possession and importation and, as I have been reminded by other honourable members, actual production. It is quite possible for organisations in the Australian Capital Territory to produce pornographic video games that are prohibited in New South Wales. I ask the Attorney General to assure me when he replies to the debate on this bill that the Government will look seriously at this issue, assuming that the Australian Capital Territory goes it alone and becomes, as I said earlier, a soft spot in Australia - the broken link in the chain. If the Australian Capital Territory persists with its policy, we will have to introduce stronger legislation that deals with possession, importation and the transportation of prohibited items across the Australian Capital Territory border into New South Wales. If we introduce stronger legislation, anyone transporting prohibited items would be committing an offence.

I have drafted my amendments and I have given them to the Attorney General. I look forward to his assurance that, in the not too distant future, depending on the final decision of the Australian Capital Territory and the Senate, these matters will be attended to. That will not be necessary if the Australian Capital Territory is brought into line with other States. If it goes it alone, it will be essential for the Attorney General to do something like this. The Call to Australia Group is pleased to support this bill. We congratulate the Attorney General on having the courage of his convictions and introducing this legislation. Some groups are still criticising it and are claiming that it is draconian. I do not believe that it is draconian; it is a responsible approach to a serious problem that is affecting the children and youth of our nation.

The Hon. J. P. HANNAFORD (Attorney General, Minister for Justice, and Vice President of the Executive Council) [8.53], in reply: I thank all honourable members for their support of this legislation. Some people have congratulated me on introducing this legislation, but congratulations should go to my 11-year-old son. We were in the United States together for three weeks during the 1992 Christmas period. I had the opportunity then of learning about computers and computer games. My son introduced me to the concept of virtual reality and to the way in which computer games emulate virtual reality. I had never before heard of that term. He drew my attention to the way in which computer games have moved from the world of cartoon characters and Teenage Mutant Ninja Turtles to the use of real people and the simulation of live acts.

I had discussions with law enforcement officers in the United States and became aware of what was going on in the world of computer games, virtual reality and interactive computer games. I made a decision at that stage to do something about it. I drew to the attention of Attorneys-General at the standing committee meeting in Darwin the need to classify video games. I received overwhelming support from all of them. As a result of this legislation Australia will be the first country to classify video games. I am pleased that I was able to obtain the support of so many other Attorneys-General for the banning of X-rated and R-rated video games. A motion has now been moved in the Federal Senate to disallow the Australian Capital Territory ordinance which allows X-rated and R-rated video games in that Territory.

Federal Attorney-General Lavarch said in a press release that, if all Attorneys-General adopt the approach that is now being taken by New South Wales on X-rated and R-rated video games, he will introduce proposals to review their classification. I infer from what he stated in his press release that there is no need for X-rated and R-rated classifications. There will be one classification and all others will be banned. That is something that will be taken to the next meeting of Attorneys-General, if we are able to get the Australian Capital Territory to conform to a uniform approach. Reverend the Hon. F. J. Nile outlined a number of matters he is concerned to see addressed, including the possession of material which will be refused classification under the censorship scheme and the bringing into this State of 10 or more computer games which will be refused classification.

The issue concerning possession of material which constitutes child pornography is being closely examined by me and by my ministerial colleague the Minister for Police. This issue was considered at the Australasian Police Ministers Conference earlier this year. At that meeting police Ministers considered recommendations contained in a report prepared by the Australian Bureau of Criminal Intelligence entitled, "Paedophiles and Child Sexual Abuse. A National Assessment. Recommendations and Current Policing Approaches". One of the recommendations in that report, which my colleague the Minister for Police referred to me for my consideration, proposes that national uniform offences be developed in relation to child pornography, including the possession of such material.

Serious consideration is currently being given to the proposals referred to me by the Minister for Police. I have indicated that I will introduce legislation to ban possession of such material. It should be noted in this context that model enforcement provisions are currently being developed to rationalise and streamline the censorship scheme across jurisdictions. The proposals relating to offences for the possession of child pornography will, therefore, also be considered in the context of reform generally
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of the censorship scheme. However, I believe that the possession and interstate carriage of material which is refused classification should be considered in a uniform rather than piecemeal way. I believe that Reverend the Hon. F. J. Nile agrees with this approach. I welcome his support for this initiative. I confirm that I have undertaken to consider the possession and interstate carriage of all types of material refused classification under New South Wales legislation.

I assure Reverend the Hon. F. J. Nile that I will consult him and other honourable members in relation to this issue. The Hon. Elisabeth Kirkby raised the issue concerning computer bulletin boards. The Standing Committee of Attorneys-General has addressed that issue. Earlier this year I welcomed an announcement from the Federal Attorney-General concerning the establishment by him of a task force to investigate ways of regulating the use of computer bulletin boards. One of the main aims of that task force is to examine ways of preventing the misuse of technology in the dissemination of banned publications and other prohibited material, including child pornography. This has been an area of concern to me and this Government. The terms of reference of that task force are: to examine the adequacy of offences covering the misuse of computer and telecommunications services; to introduce specific offences to cover paedophile computer networks; to establish whether import-export restrictions are capable of controlling international trafficking and subsequent copying and distribution of otherwise banned material; and to establish the adequacy of current law enforcement tools to deal with new technology.

New South Wales and other jurisdictions are co-operating and will assist the Commonwealth in the work being undertaken by this task force. I have said that we have to be prepared to take very strong and firm approaches in relation to the issue of bulletin boards. If that means that the Commonwealth has to be prepared to address its telecommunication laws with a view to having what might be regarded as very restrictive laws to ensure that telephone lines, which connect the bulletin board through a modulator-demodulator, or MODEM, can be disconnected and that power is given to prohibit persons who are associated with this material from accessing telephone lines, that may well be the way we have to go. There is also no doubt that the next issue to be addressed is the use of satellite communications, because those telecommunications are already able to be accessed. Within the next few years satellite communication will be as cheap as today's video machine. I believe there is an opportunity here for Australia to lead the way, as it has done with the classification of this material, and stay one step ahead of the use of technology which can be used to abuse the interests of our children. I commend the legislation to the House.

Motion agreed to.

Bill read a second time and passed through remaining stages.

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