New censorship laws now in force

1/11/96

Western Australia's new censorship laws come into effect today.

Minister for Fair Trading Cheryl Edwardes said the Censorship Act 1996 was Western Australia's most comprehensive censorship legislation.

"The Act strikes a balance between protecting the community, particularly children, from offensive material while ensuring that as far as possible adults have the right to determine what they view," Mrs Edwardes said.

The Act consolidates previous legislation covering indecent publications, film censorship, video classifications and relevant sections of the Criminal Code.

Mrs Edwardes said the Act also introduced new laws to deal with the classification of computer games and with the transmission of objectionable and restricted material on the Internet.

"The new laws are directed not only at the Internet but also at bulletin boards, E-mail and other services provided by on-line computer services and other regional and local computer networks," she said.

"The Act now makes it an offence for a person to transmit, obtain possession of, demonstrate, advertise or request the transmission of, material which that person knows to be objectional via a computer service."

Objectionable material is defined as material which would be refused classification if it were a publication. Examples of this are child pornography and material which exhorts committing a crime such as rape and drug dealing.

The penalty for a person who knowingly distributes objectionable material is a fine of up to $15,000 or 18 months' imprisonment. For an organisation or corporate body, the fine could be up to $75,000.

Mrs Edwardes said the new laws also significantly increased the penalties for child pornography with increased gaol terms and unlimited fines.

"The definition of child pornography has been extended to include not only pictorial representations but also publications and objects," she said.

"The Act allows for publications to be refused classification in Western Australia on the grounds of child pornography."

The new laws make the sale, advertising, possession and display of child pornography a crime, exposing offenders to the Crimes (Confiscation of Profits) Act.

In addition, persons who trade in child pornography will be liable to a maximum of seven years' imprisonment and persons who advertise, possess or display child pornography will be liable to a maximum of five years' imprisonment.

Mrs Edwardes said other major provisions in the Act are:  

·       the capacity for publications to be classified as 'refused', such as those considered to contain material unsuitable for distribution such as bestiality, necrophilia or child pornography;

·       specific offence provisions for persons who sell or exhibit X-rated films/videos; and -

·       increased penalties for distribution or sale or indecent or obscene articles.

Under the agreement, the Commonwealth Censorship Board will make classification decisions under the WA law in relation to films, computer and video games.

However, the arrangement will continue where the State Minister may vary Commonwealth classification decisions when it is considered necessary to do so in the public interest.

Publications will continue to be classified in WA by the Minister acting on the advice of the Censorship Advisory Committee.

Media contact: Diana Russell Coote 421 7777 or 018 906 948