Games classification systems in tatters

By KEITH NEWMAN

The Government's inability to enforce legislation requiring all violent, sexually explicit and bad taste computer games to be reclassified has resulted in a call for changes to the Film and Video Classification Act.

The Office of Film and Literature Classification (OFLC) and Internal Affairs officers have been stifled in their efforts to classify PC and console games because of the sheer complexity involved.

This year's Christmas season offerings are only just starting to make their way on to the shelves, and include a number of Australian M15 classifications which technically should be re-classified.

However, government agencies don't have the skills to sift through the data on the disks and the industry is not willing to foot the bill or wait months for a new rating.

Interactive Software Association executive Garth Wiley, representing 13 of the companies which bring Playstation, Nintendo, PC and Macintosh games into the country, said the last three games submitted were withdrawn by distributors because of the high cost and length of time taken.

"The skill base is just not there. There are limited numbers of staff able to do this work so companies end up having to supply a person, which is also costly."

Mr Wiley said there was a serious backlog of material awaiting classification.

"Compliance costs currently in excess of $2000 per title are ridiculous," he said.

However, chief censor Kathryn Paterson said that while less than 20 titles had been classified this year there had been only about 30 applications. That suggests that rather than go through the classification process the industry is either not bringing in suspect titles or simply sending them straight to the retail shelves.

Games classified this year include an R16 for the Nintendo version of Mortal Combat Trilogy, Grand Theft Auto for the Sony Playstation got an R18 and Carmageddon for the PC was labelled R18.

No titles have been banned this year although Resident Evil II could not be classified and currently Mortal Kombat 4 and Duke Nukem: Time to Kill are awaiting a decision.

Titles still on the shelves with at least an Australian M15 classification include Sin, Half Life and Fallout 2, Blood II, Doom II, Carmageddon II and Flesh Feast - all which have high levels of action and violence.

Mr Wiley said the association had proposed a code of practice similar to that in use in Australia. "This means companies would do the classification themselves with the exception of material in the R18 and adult classification."

The association is recommending material classified in Australia automatically be accepted here.

The OFLC and Internal Affairs are also recommending changes in legislation to make compliance simpler.

Kathryn Paterson said it was extremely difficult to classify computer games, even though the rigorous requirements of the Act stipulate her department must see everything.

CD-ROMs and video games are considered to be films under the Film and Video Classification Act 1994, and while titles classified overseas as G, PG and M are exempt, anything including the Australian M15 (mature audience) rating is considered to be of a restricted nature and must be re-classified here.

Until last year this hadn't been strictly enforced and when enforcement was attempted it caused nothing but bottlenecks and frustration.

The issue is further complicated by the fact that Australia has no equivalent to the New Zealand R18 classification. The OFLC had rejected a number of games downloaded from the Internet or bulletin boards and some sexually explicit titles but no mainstream games.

"We have put a paper to government recommending a review of legislation. What is required under current law is often not possible because of technology," Kathryn Paterson said.

"We need to look at the different options and balance gains and efficiency with ensuring likely injury to the public good is minimised."

Cabinet has asked for a report back by October 31 next year. Last year Internal Affairs declared a six-week amnesty asking retailers to take all M15 Australian classified games off their shelves before Christmas.

When that caused a major furore a closer alliance with the industry was sought and the OFLC tried to get short cuts, cheat sheets and videos to make classification easier. That also proved more difficult than first thought.

And while the OFLC may have been seen to back off pressuring for compliance it says titles likely to be restricted and sold to children may comprise an offence.
The games industry has been asked to seek its own legal advice.