Rethinking Australia's National Classification Scheme in a Digital Age
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Presentation as ALRC Commissioner to Knowledge/Culture/Social Change conference, University of Western Sydney, 7 November 2011
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Rethinking Australia's National Classification Scheme in a Digital Age
- 1. Rethinking Regulatory Design: the Australian National Classification Scheme Review Professor Terry Flew Australian Law Reform Commission Digital humanities, digital media, digital society panel Knowledge/Culture/Social Change Conference, Centre for Cultural Research, University of Western Sydney, 7 November, 2011
- 3. Challenges
- 4. Neo-liberalisation of media and cultural policy? Media and cultural policy pre-neo-liberalism Media and cultural policy post-neo-liberalism Nation-states Global markets State-subsidized cultural organizations Commercial convergent enterprises Policy as servicing citizen interests Policy as serving industry interests Commitment to the public good Commitment to ‘wealth creation’ Multi-disciplinary socio-cultural projects Primary focus on economics and market development objectives Cultural policy studies Creative industries
- 8. Leximancer analysis of all 2,452 submissions Games: 98% connectivity 49% relevance
- 11. Q1: a new framework? Games: 30% relevance
- 12. Q2: primary objectives of an NCS Games: 100% relevance R18: 36% relevance
- 13. Access to what content, if any, should be entirely prohibited online (Q24)? None: 13% connectivity No content; 19% relevance
- 14. Does the current scope of the Refused Classification (RC) category reflect the content that should be prohibited online (Q25)? Broad: 68% likelihood Scope: 47% likelihood Current: 42% likelihood Games: 44% likelihood No: 33% connectivity Ye: 2% connectivity
- 16. Smarter Policy Policy Instrument Advantages Disadvantages Direct government regulation (‘command-and-control’ regulation) Legal certainty; enforcement provisions Knowledge gaps; costs; time; non-compliance Self-regulation, co-regulation and quasi-regulation Flexibility; industry knowledge; buy-in; scope to raise standards Risk of tokenism; govt. avoidance of issues; barriers to entry Voluntarism Motivated participation Difficult to target outcomes; interest over time Education and Information Low administrative burden; low cost Private/public interest tensions Economic instruments Behavioural influence; incentives; scope for innovation; flexibility Costs to govt.; inequitable impact; determining outcomes
Notas do Editor
- Inquiry Terms of Reference 20 years since last comprehensive review of Censorship and Classification, undertaken by ALRC (1991) Rapid pace of technological change and community uptake of new media technologies Community needs and expectations in an evolving technological environment Need to improve classification information available to the community and understanding of what content is regulated and why Desirability of strong Australian digital content and distribution industries, and need to reduce regulatory burden Impact of media on children and increased exposure of children to a wider range of media Size of industries that generate potentially classifiable content, and their potential for growth Convergence Review being undertaken through DBCDE (also to report in early 2012) Statutory review of Schedule 7 of Broadcasting Services Act 1992 – classification of online content