2005 amendments to the act: 3a and 3b
Article by the Information Unit
In 2005, amendments were made to the Films, Videos, and Publications Classification Act 1993 which introduced sections 3A and 3B. These sections describe content for which publications can be classified as age-restricted but not as objectionable.
Section 3A states that a “publication may be age-restricted if it contains highly offensive language likely to cause serious harm”. This applies to the occurrence of highly offensive language in a publication to such an extent or degree that the availability of the publication, if not restricted to persons of a specified age, would cause serious harm to persons under that age.
This section also defines “highly offensive language” as that which is highly offensive to the public in general. This means that in order to include offensive language as a part of the basis for an age-restriction on a publication, the language used must be considered offensive by the majority of society, not just a specific group. In 2007 the Office conducted research examining public perceptions of highly offensive language. You can find out more about this research on the Research page in the Censorship section of the website.
Section 3B states that a “publication may be age-restricted if likely to be injurious to the public good for specified reasons”. This section broadens the scope of the types of content the Office can consider when restricting publications, but not when classifying publications as objectionable. The Office can now place an age-restrictive classification on a publication if it contains material that depicts, describes or otherwise deals with harm to a person’s body (such as self-mutilation or body modification), self-inflicted death, conduct that if imitated would pose a real risk of serious harm to self or others or both, or physical conduct of a degrading, dehumanising or demeaning nature. (See also an article by former Chief Censor Bill Hastings about categories of injury.)
Examples of 3A in classification decisions
Knocked Up (R16) – “The language is used casually in conversation as well as aggressively in arguments. The comedy elements of the publication reduce the impact of the offensive language and the age restriction is sufficient to avoid potential injury to younger viewers.”
Reno 911!: Miami (R16) – “The publication contains the consistent use of highly offensive language…The language used in the publication is likely to be found highly offensive to the public in general, and to be harmful to a very young audience who are likely to emulate it with no appreciation for the social repercussions its use can incur.”
Tenacious D In The Pick of Destiny (R16) – “Under s3A of the FVPC Act the film contains extensive use of highly offensive language. Some of the language is sexual…but mainly it is used in dialogue between the characters and in song lyrics…Its prevalence indicates that it is deliberately intended to offend listeners and society in general. This is not uncommon in youth culture, especially in rock music, and is intended as a form of independent self-expression at the same time as snubbing the law and cultural conventions. In this lightweight satire however it is gratuitous, and if emulated by impressionable children and young persons is likely to cause them social ostracism.”
25 to Life (R18) – “The level of highly offensive language present in dialogue and the music soundtrack is an additional injury. This type of language is likely to cause serious harm to younger audiences because of its association with violence and crime within an interactive entertainment format, namely the console game medium. There is potential harm if young people emulate the language and style especially when used to reinforce attitudes around aggression and intimidation. Adults are more able to put this kind of material into context given their greater life experiences. The likelihood of injury to the public good is avoided by restricting this publication to those audiences that have attained the age of 18 years.”
Examples of 3B in classification decisions
The Bridge (R18, restricted to tertiary study and film festival) – “Under s3B of the FVPC Act, the publication is highly likely to cause people under the age of 18 years to be greatly disturbed or shocked and to significantly increase the risk of them killing themselves… The feature’s sophisticated and unusually frank presentation of suicide presupposed a level of maturity and emotional stability that children and young people are unlikely to possess. Potential harms raised by the feature include the glamorisation of suicide, especially for young people who are particularly at risk of being influenced. People in general, but especially teenagers and children are highly likely to be shocked and disturbed by the depictions of suicide in the feature. The Classification Office is concerned that if the feature is available for home viewing vulnerable watchers may concentrate on the suicide footage.”
Superbad (R16) – “The material is presented in such a way that it is likely to encourage inappropriate behaviours and attitudes which are generally unacceptable to greater society. The concern is how the material could be interpreted as being acceptable by children and young people. The injury here lies in how persons displaying these behaviours and attitudes are perceived by others, as well as in the spread of such attitudes and behaviours. Additionally, any redeeming features that the young men have are not revealed until the end of the publication so there is little contained in the narrative to alleviate the coarseness or suggest that the behaviours and attitudes are undesirable.”
Crusty Demons (R16) – “Under s3B of the FVPC Act the level of self-harm in the game is relatively high…However the resulting injuries are patently displayed on-screen and they are clearly within the bounds of a far-fetched anarchical game. Nevertheless these presentations may offer endorsement to impressionable youths already engaged in dangerous risk-taking behaviour.”