[LINK] Green light for internet filter plans - ACS position

[rene]

On Wed, 16 Dec 2009 12:47:54 +1000, I wrote:
> * The scope of 'RC' content was enlarged in 2000, 2005, and again in
> 2007. (Detail at: http://libertus.net/censor/classif-reviews.html)

It's perhaps also worth noting that the 2007 scope creep (by means of 
addition of s.9A to the Cth Classification Act) was made in defiance of 
State/Territory Censorship Ministers who had declined to amend the National 
Classification Code accordingly (and much public controversy about the 
changes). The changes were made despite the Classification Review Board's 
advice that the Boards will have difficulty interpreting/applying the 
definitions in s.9A, and the Australian Human Rights and Equal Opportunity 
Commission's opposition to the provisions due to unclear and overly broad 
definitions which "may unjustifiably and disproportionately restrict the 
right to freedom of expression in some circumstances". 

The 'National Classification Scheme' had been claimed by governments since 
1996 to be a 'national co-operative scheme' and changes to the National 
Classification Code or the Guidelines cannot be made without agreement by 
all Commonwealth, State and Territory Ministers with censorship 
responsibilities. Nevertheless, the Commonwealth's unilateral 
enactment/addition of s.9A to above Act (not the Code) made a mockery of 
the so-called co-operative scheme, by extending the breadth of the "refused 
classification" category despite the opposition of State/Territory 
Censorship Ministers.

For more detailed information, see 
http://libertus.net/censor/debate/analyses08.html#ctm2007

Irene