Responsibilities of the Office of Film and Literature Classification (OFLC)

• The Office of Film and Literature Classification (OFLC) was established in 1988 and is responsible for classifying all films in Australia.
• Section 11 of the Commonwealth Classification (Publications, Films and Computer Games) Act 1995 requires the OFLC to take into account current community standards when classifying films.
• The OFLC claims that it has consulted the community in order to keep up-to-date with community attitudes towards classification and to ensure that classification decisions reflect community standards.
• Evidence reveals that the OFLC has carried out no proper analysis into community attitudes in relation to the classification of explicit erotic films.

Current Situation

• Currently, it is only legal to sell X18+ films in the Australian Capital Territory and Northern Territory. However, it is legal to sell R18+ films within all the States of Australia.
• For a film to be classified X18+ it must "contain real depictions of actual sexual activity ... in a way that it is likely to cause offence to the reasonable adult." On the other hand, for a film to be classified R18+, it must only be suitable for viewing by adults. In other words, films classified R18+ may contain real depictions of actual sexual activity provided it is presented in a way that is not likely to cause offence to the reasonable adult.
• It is legal for adults to own and view X18+ films throughout the States and Territories of Australia.
• Adults can legally purchase X18+ films online or via mail order from anywhere in Australia, providing the sale occurs in the ACT or NT.
• In the ACT and NT adults can legally purchase X18+ films from restricted premises.
• However it is illegal for X18+ films to be sold in New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia.
• Editor's note: Where's the logic in that?
• AdultShop.com has 17 stores in WA and 1 in Tasmania. The Company is prohibited from selling X18+ films from these stores. However, the Company can legally sell X18+ films from its 5 Darwin stores.
• AdultShop.com owns 8 adult stores in New Zealand. It is legal to sell explicit erotic films from licensed adult premises throughout New Zealand.
• The September 2006 ACNielsen survey highlighted that more people are offended by films containing violence than films containing actual sexual activity between consenting adults. However, films containing violence are classified R18+, and therefore can be legally sold throughout Australia. Despite fewer Australian adults being offended by films containing explicit sexual activity between consenting adults, such films continue to be classified X18+ and cannot be sold within each of the States. Editor's Note: What do you find offensive - films containing violence or films containing explicit sexual activity between consenting adults?
• It is commonplace to find explicit erotic films sold from premises as varied as newsagencies, street markets, service stations and adult stores. In many cases these illegal operators are selling pirated, imported and unclassified (by the OFLC) adult films. Many of these films contain content that is prohibited in Australia. Editor's note: The lack of legitimate availability of explicit erotic films within each of the States has fostered an illegal and unregulated market. The problem with an unregulated market is that it has created an environment where it is far easier for illegal films (e.g. pirated and unclassified films) to be distributed.

Current Community Standards

• In September 2006, AdultShop.com commissioned ACNielsen to conduct an independent survey to determine whether or not Australian adults are offended by explicit erotic films.
• The results of this survey confirm that most Australian adults are not offended by explicit erotic film, and that films of this nature should be available for purchase throughout the States of Australia, on a restricted basis to adults over the age of 18.
• Results from the ACNielsen survey show that:
• Only 30% of Australian adults claim to be offended by explicit erotic films.
• 76% of Australian adults believe explicit erotic films should be made available on a restricted basis to people over the age of 18 years, who wish to view or purchase them.
• The ACNielsen survey also revealed that the individuals holding those beliefs are representative of the broader Australian adult community, including:
• 70% of Australian women
• 82% of Australian men
• 79% of Australian adults who are married/partnered with children
• 83% of Australian adults aged 18 -24 years
• 81% of Australian adults aged 25 - 39 years
• 77% of Australian adults aged 40-54 years
• 68% of Australian adults aged 55 or older
• 80% of Australian upper white collar/professional adults
• 84% of Australian adults earning $80,000 or more per annum

Classification as it should be!

• As required by law, the OFLC should apply a standard that accurately reflects current community standards when classifying explicit erotic films.
• Currently the OFLC applies a standard that is unrepresentative of current community standards in that the OFLC assumes that the content of such films is likely to cause offence to the reasonable adult.
• The evidence reveals (ACNielsen September 2006 survey), that explicit erotic films do not offend the reasonable adult.
• The OFLC should apply a standard that accurately reflects the current community standards, resulting in explicit erotic films being correctly classified R18+.

Historical Events relating to Censorship in Australia and around the world

Australia

• Prior to 1984: Explicit erotic films were classified R18+. The Federal Government's censorship philosophy at the time was that adults should have the right to make their own decisions regarding the material they read, hear or see, but that people generally should be protected from exposure to material that may be offensive.
• 1984: The Federal Government introduced the X18+ classification for explicit erotic films. The States of Australia adopted the X18+ classification and by 1985, all of the States had banned the sale of films classified X18+.
• 1999: The Federal Parliament moved to introduce a new classification category, ‘non-violent erotica' (NVE) for non-violent sexually explicit films. This new classification was intended to be restrictive, and solely include consensual sexual activity between adults. Sexual activities such as fetishes or depictions that were demeaning were not to be included.
• 2000: At the eleventh hour the Government abandoned the NVE proposal, amending the proposed legislation so that the X classification would be retained. The net effect was that the amendments expanded the range of prohibition on explicit erotic films to restrict, amongst other things, fetishes.
• 2001: At a Senate Estimate Meeting, Senator Greig asked Mr Des Clark (the Chief Censor with the OFLC) if the OFLC's community consultation panels, which had been established to measure the decision making of the Classification Board against community standards, had ever explored what the consumers of X18+ films thought about such material. This question was asked in the context that over one third of the business of the OFLC that year concerned the classification of explicit erotic films.

In response Mr Clark confirmed that that the OFLC had excluded the X18+ classification from its community assessment panels.

Editor's note: Despite the OFLC classifying hundreds of explicit erotic films annually, it has never properly sought the Publics' views on explicit erotic films.

• In contrast to explicit erotic films, explicit erotic magazines, which are classified Category 1 and Category 2, are freely available for sale in most news agencies throughout Australia. These magazines contain the same actual content as explicit erotic films. Editor's note: In reality, what is the difference between an image on a screen as opposed to an image on a printed page?
• 2005: In addition, "art-house"' films such as Romance and 9 Songs, which contain scenes of actual sexual activity have been classified R18+ due to their alleged ‘artistic merit'. Editor's note: It is difficult to understand how explicit sexual activity in an art house film is less offensive than in an explicit erotic film. 

Click here for a more comprehensive look at Australian Censorship History. (Australian Censorship History)

United Kingdom

• 1999: As a result of a challenge to censorship laws in the UK, the R18 classification for films was introduced with the result that films classified R18 became legal to sell from licensed adult stores. The British Board of Film Classification (BBFC) conducted a survey that found R18 films were not deemed offensive by reasonable adults in the UK.
• In the UK, the R18 classification is given to films depicting consenting sex between adults and may be sold to adults only in licensed adult stores. Such films are currently classified X18+ in Australia, and only available for purchase in the ACT and NT.