Australian Classification Board Speaks On Games, R18+ & Fallout 3

class_left.gifThose questions for the Classification Board? They came back. Alive. The replies read a lot like paragraphs from an official board report, but it’s not like I was expecting riveting prose.

This doesn’t mean the answers are no good. Not at all. Yes, a few of them are extended “no comments”, but for the most part, they shine a moderately-sized shard of light on our classification system – where the power lies, who makes the decisions and why certain decisions were made.

Here are a few highlights:

Who should I be contacting to push the need for an R18+ rating for games?

Currently, the Censorship Minister is the Attorney-General for each State or Territory and the Australian Censorship Minister is the Minister for Home Affairs.

Can I import games that have been refused classification?

Customs may detain or seize any items that are suspected of contravening the Regulations. The maximum penalty for this type of offence is a fine of up to $110,000.

In the eyes of the Board and the guidelines, what constitutes an incentive or reward?

An incentive may be the ability to progress faster through the game. A reward may be a gain in points or access to a wider choice of weapons.

Does the Board play the games it classifies?

An application for the classification of a computer game must include a copy of the game … For computer games likely to be classified G to M, industry can access a scheme that permits trained assessors to provide a recommendation for the likely classification of a computer game … Board members do not usually play a game to in order to make a classification.

This is just a taste; the full Q&A can be found after the jump. If you’re even remotely interested in games classification in this country, I highly recommend you read it.

Kotaku AU: What initiatives does the Classification Board and the Government have in place to inform consumers of games classification and the meanings behind each rating?
Classification Board: Extensive information about the National Classification Scheme, including games classifications, is available at www.ag.gov.au/classificationpolicy. Classification decisions are on the classification website.

Kotaku AU: What initiatives does the Board and the Government have in place to regulate the sale of games at point of sale?
Classification Board: The Board is not responsible for enforcement matters.

Regulation of the sale of games is the responsibility of the States and Territories. State and Territory classification enforcement legislation provides that it is an offence to sell or deliver a computer game classified MA 15+ to a minor under 15 years of age (unless the person selling or delivering the game is a parent or guardian). In Queensland, MA 15+ computer games can be sold to a person under 15 if they accompanied by an adult.

Kotaku AU: When was the Office of Film and Literature Classification (OFLC) title replaced by the Classification Board? Was this a simple change of name, or was the role and organisation of the office altered also?
Classification Board: The Office of Film and Literature Classification was the agency that provided administrative support for the Classification Board and the Classification Review Board. The OFLC did not make classification decisions. This function has always been that of the Classification Board.

On 1 July 2007 the APS staff in the former OFLC became part of the Australian Government Attorney-General’s Department.

The independent classification decision-making role of the Classification Board remains unchanged.

Kotaku AU: Are games that have been refused classification considered a prohibited item and could be potentially seized by Australian Customs? Is Customs aware of which games have been refused classification? Is this information kept up-to-date and who is responsible for keeping Customs informed of RC titles?
Classification Board: The import of objectionable material into Australia is prohibited without permission under Regulation 4A of the Customs (Prohibited Imports) Regulations 1956. The definition of objectionable material includes computer games that are unsuitable for a minor to see or play. This definition accords with the with the ‘Refused Classification’ criteria in the National Classification Scheme.

The Attorney-General’s Department is responsible for the National Classification Scheme and provides advice to Customs in relation to games have been refused classification.

Customs may detain or seize any items that are suspected of contravening the Regulations. The maximum penalty for this type of offence is a fine of up to $110,000.

Kotaku AU: In regards to campaigning for an R18+ classification for video games, who are the best people or departments to get in contact with?
Classification Board: The National Classification Scheme is a cooperative scheme. Australian, State and Territory Censorship Ministers set classification policy.

Currently, the Censorship Minister is the Attorney-General for each State or Territory and the Australian Censorship Minister is the Minister for Home Affairs.

Kotaku AU: Does the Classification Board have any say in the amendment of classification laws and guidelines? If not, is it not unusual that the office responsible for applying said laws and guidelines has no sway over their creation or alteration?
Classification Board: The Classification Board is consulted on policy issues and legislative proposals. The Director of the Board attends meetings of Censorship Ministers.

Kotaku AU: Has the Classification Board expressed a desire for an R18+ classification? Does the Board feel restricted by the current classification guidelines for computer games?
Classification Board: The Classification Board does not make public comment on policy matters.

Kotaku AU: Regarding the use of drugs in computer games – could you elaborate on what specifically made its use in Fallout 3 too much for an MA15+ rating, and what was changed in the revised version to bring it in line?
Classification Board: The Guidelines for the Classification of Films and Computer Games (the Guidelines) provide that at the MA 15+ classification (the highest classification for computer games) drug use may be strong in impact and should be justified by context. The Guidelines also provide a general rule that material that contains drug use and sexual violence related to incentives or rewards is RC (Refused Classification).

Accordingly, computer games may include the depiction of drug use. However, if the use of drugs provides an incentive or reward the computer game must be RC. An incentive may be the ability to progress faster through the game. A reward may be a gain in points or access to a wider choice of weapons.

In regard to the computer game Fallout 3, the Board is of the opinion that the use of morphine in the game has the positive effect of enabling the character to ignore limb pain. This ability to progress through the game more easily is the incentive to take the drug while the reward is in the character’s abilities.

The revised version of the game has been modified to remove the incentive and reward of progressing through the game more easily from the element of drug use. The revised version has fictional drugs depicted as stylised icons which will alter the physiological characteristics of the characters in the game.

In the decision of the Board, there is no incentive or reward to select drug use.

Kotaku AU: Regarding the portrayal of violence in video games – it appears dismemberment, decapitation; post-mortem damage and blood pooling are major issues for the Board, under the classification guidelines. Can you elaborate on what factors make these elements acceptable in the MA15+ category? For example, it appears to be acceptable in Fallout 3, but was deemed not so for Soldier of Fortune: Payback.
Classification Board: The Classification Board is of the opinion that the violence in Fallout 3 which includes large blood bursts, dismemberment and post-mortem damage is strong in impact. Strong impact violence that is justified by context can be accommodated at the MA 15+ classification.

The Board is of the opinion that the violent depictions in Soldier of Fortune: Payback exceed strong impact. In Soldier of Fortune: Payback blood spray is substantial and blood splatters on the ground and walls. The player may target various limbs of the opponents and this can result in the limb being dismembered. Large amounts of blood spray forth from the stump with the opponent sometimes remaining alive before eventually dying from the wounds. Additionally, dead bodies and blood remains on the ground. Dead bodies on the ground may be repeatedly attacked. The limbs may be shot off, resulting in large amounts of blood spray and the depiction of torn flesh and protruding bone from the dismembered limb. Shooting the head of a body will cause it to explode in a large spray of blood, leaving a bloody stump above the shoulders. Bodies will eventually disappear from the environment.

The impact provided by the amount of blood and detail of dismemberment in Soldier of Fortune: Payback exceeds that can be accommodated at MA 15+ (such as the depictions in Fallout 3).

Kotaku AU: Why does the Classification Board not make reports freely available on its website, while reports from the Classification Review Board are? Is it possible this position could change in the future?
Classification Board: Classification decisions are posted on the website and the reasons for the decision are available upon request.

Kotaku AU: Does the Board play any of the games it classifies? What materials are provided to the Board from the publisher/submitter to aid the Board in the classification process? Is it a requirement board members play the games they classify?
Classification Board: An application for the classification of a computer game must include a copy of the game. Other material must also be provided and this is outlined in the application form for the classification of computer games which you can access in the computer games section of the classification website.

For computer games likely to be classified G to M, industry can access a scheme that permits trained assessors to provide a recommendation for the likely classification of a computer game. The assessors must provide a detailed report of the game and gameplay of contentious material. Contentious material is material that is likely to be classified M or higher. In order to use this scheme, industry assessors must attend training that is approved by the Director of the Classification Board, and once trained, the Director authorises the assessors to make recommendations. They are called authorised assessors.

Board members do not usually play a game to in order to make a classification. Applicants submit recordings of game play at each level of complexity to assist the Board. The Board may also request a demonstration of the computer game by the applicant to ensure they experience all aspects of game play and can assess all elements.


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