Commonwealth of Australia Explanatory Memoranda

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CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (R 18+ COMPUTER GAMES) BILL 2012

                             2010 - 2011 - 2012





               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                          HOUSE OF REPRESENTATIVES





   CLASSIFICATION (PUBLICATIONS, FILMS AND COMPUTER GAMES) AMENDMENT (R18+
                          COMPUTER GAMES) BILL 2012






                              CORRECTION TO THE
                           EXPLANATORY MEMORANDUM





            (Circulated by authority of the Minister for Justice,
                           the Hon Jason Clare MP)


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Overview of the Bill

Omit 'The general purpose of the Bill is to create an R 18+ category for
computer games.' Substitute 'Currently, computer games must be categorised
in the following ratings - G (General), PG (Parental Guidance), M (Mature),
MA 15+ (Mature Accompanied) and RC (Refused Classification).  This Bill
will create an R18+ adult category for computer games.  The creation of the
new category will align the computer game classification category with the
film classification category in respect to R18+.

Human rights implications

Omit 'This Bill does not engage any of the applicable rights or freedoms'.
Substitute '[sub head] Freedom of Expression [new paragraph] This Bill
engages the right to freedom of expression in Article 19 of the
International Covenant on Civil and Political Rights which encompasses the
freedom to seek, receive and impart information and ideas.  The right to
freedom of expression extends to any medium, including written and oral
communications, the media, public protest, broadcasting, artistic works and
commercial advertising.

The right to freedom of expression carries with it special
responsibilities, and may be restricted on several grounds including the
classification of material where this is necessary on a limited number of
grounds including where this is necessary to protect public health and
morals, or the rights of others, including protecting children and young
people against the harm caused by age-inappropriate material.'


Conclusion
Omit '...as it does not raise any human rights issues.'
Substitute 'because it advances the protection of human rights and to the
extent that it may also limit human rights, those limitations are
reasonable and proportionate.'