The mandatory blacklist and computer games

Last updated: Monday 29 June 2009 11:33 am

The Goverment's mandatory Internet-censorship policy was, of course, always justified as a child-protection measure. Protecting young kids as they use the Internet, or, as the political tactics of the day dictate, cracking down on illegal child-abuse material on the Internet. A cursory analysis of the scheme shows that neither is achievable, but the scheme continues to gather momentum even as public opposition grows.

The leaking of the ACMA blacklist caused significant embarrassment, containing as it did a broad range of harmless and controversial material. As a result, the Government has since that time been presenting the blacklist as an "almost exclusively RC-only" list; that is, that it will contain only material that would be Refused Classification by Australia's Classification Board. The implication is that such material would only contain shocking content that would be highly illegal, such as child abuse or violent pornography. In fact, material could be refused classification for a variety of reasons such as "providing instruction in criminal activity", such as euthanasia. It's legal to view most RC content, except as specifically outlawed by statues combating child abuse material.

Our concerns about the scheme were heightened by a recent clarification by a Government spokesperson on the list concerning video games. In Australia, there is currently no R-18+ category for video and computer games, with MA-15+ instead being the highest category. This means that any video game containing material deemed too confronting for a minor is refused classification. The Government has now confirmed that web sites dealing with games that are mature or unrated will be subject to blacklisting:

The Government is considering mandatory ISP level filtering of Refused Classification content as identified by the ACMA complaints mechanism. This could potentially include URLs of websites which make available Refused Classification computer games such as web-based flash games and downloadable games, if a complaint is received and the content is determined by ACMA to be Refused Classification.

Computer games that exceed an MA15+ rating are deemed to be Refused Classification as there is no R18+ or X18+ rating for computer games in Australia.

This is alarming for many reasons. Computer games that are downloaded or are predominantly online are not usually rated in Australia. This would include simple Flash-based web games, but also online games like World of Warcraft, EVE Online or Second Life whose content is substantially or primarily user-generated. Because an environment like Second Life is so vast, it can and will contain material created by adults and for adults, causing it fall afoul of the MA-15+ rating. Thus, secondlife.com could end up on the blacklist, with no method of review or appeal. It would simply be banned for all Australians, even though the program and its contents would still be entirely legal to own and use in Australia.

This shows just how broad the new censorship scheme is, and how easily it can be expanded. How does preventing adults from viewing sophisticated adult content in a virtual world help the Australian public? That's a question our elected representatives have not answered. If you find this alarming, you may want to contact them and demand an explanation.

For a quick overview of the filtering scheme and information on how to contact the minister, see our campaign site at nocleanfeed.com.

For a more detailed overview of the plan, see EFA's mandatory filtering fact sheets.

For information on the classification of video games, see EFA's R-18+ Games site.

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12 Comments »

  1. Comment by Peter — June 29, 2009 @ 11:36 pm

    Eve Online is classified... so it's possible.

  2. Comment by Jared — June 30, 2009 @ 12:20 am

    Interesting. Checked the classification website and it has a rating of PG with an advisory message saying

  3. Comment by Jared — June 30, 2009 @ 12:22 am

    (it appears to have cut my post off, I'll repost)

    Interesting. Checked the classification website and it has a rating of PG with an advisory message saying 'Gaming experience may change online'. World of Warcraft doesn't have a rating.

    Doing a search on the net has brought up this:
    'My original question (sent to the OFLC on August 22, 2005) was answered today when the OFLC's Ron Robinson called me to discuss this topic (I sent a followup email a couple days ago after the GTA stuff jogged my memory of this ancient request).

    Ron let me know that World of Warcraft was not rated by the OFLC - in fact, was never even submitted for classification - it was a

  4. Comment by Jared — June 30, 2009 @ 12:27 am

    Please delete my two previous entries it appears I cannot post what I am trying to say. I'll post it else where and link to it.

    Here: http://pointzeroone.blogspot.com/2009/06/responce...

  5. Comment by Colin Jacobs — June 30, 2009 @ 12:50 am

    The situation is a bit murky, as there are many games available that contain included content but also allow access to user-generated content. A tasteless user spray in Team Fortress, or an anatomically detailed Spore creature could make otherwise innocuous games considerably more "adult" and harder to classify. This is a challenge for the classification system which was not designed with this medium in mind.

    The solution can't be to ban these games, though; adults, and children, have a right to choose their entertainment, and are perfectly able to filter out objectionable content themselves. (I've run into plenty of idiots online, and can ignore them without psychological scarring). As always, parental supervision is the only realistic option. Mandatory filtering - what problem is this really trying to solve?

  6. Comment by Jared — June 30, 2009 @ 1:51 am

    When a game is being Classified depending on the rating they are going for they have to provide 'detailed written description of gameplay' and/or 'supply a separate recording of any contentious material and typical gameplay.' Source - http://www.oflc.gov.au/www/cob/classification.nsf...

    So if something allows user generated content. The typical gameplay shown would be what the Devs have created and what a typical player would do with what is created by the Devs of the game.

    user generated content isn't part of the game it is something that has been added to the game after it has been released and is not what the Devs intended to be in the game and so cannot be put out for classification

  7. Comment by David — June 30, 2009 @ 5:45 am

    Glad I don't live in Australia.

  8. Comment by Tim — July 23, 2009 @ 9:48 pm

    This would include every single mod ever made for a game as well, or indie games not yet classified. Indie developers are already on a tight budget, applying for classification will cost more.

    THe Labor Party is effectively killing the indie games scene. And whats the guess in a few years they'll be giving out grants for Australian games developers because "There aren't enough aussie developers out there". Thanks a lot, I know who I'm voting for next election.

  9. Comment by Reg — March 1, 2010 @ 8:47 am

    Indie games on xbox live unavailable in Australia because of "non classified" games. Most of which are family arcade games. But it's ok that the kids see blood, gore death etc etc that's so accessable.
    Censorship board no different to many Polititions....... Brain dead !

  10. Comment by Richard Edwards — March 22, 2010 @ 12:49 am

    From time to time new laws and policy are needed to deal with new situations.
    Clearly the government have conducted lengthy research and discovered that the majority of Australian parents are allowing their children free access to pornography.

  11. Comment by Womp — March 22, 2010 @ 2:21 am

    @Richard Edwards

    1. The situation is not new
    2. The Government have not conducted any such research.
    3. Whatever parents are ALLOWING they almost certainly are in a better position to make such judgments than any politician.
    4. Your Trolling is lackluster and boring, reread the list of "talking points" you were given by the ACL.

  12. Comment by Reg — March 23, 2010 @ 6:35 am

    I agree WOMP !!!

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