Standing Committee Report released on Classification (Terrorist Material) Bill
The Standing Committee on Legal and Constitutional Affairs has recently released a report on the Classification (Publications, Films and Computer Games) Amendment (Terrorist Material) Bill 2007. The Bill will amend the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (Act).
The Bill is intended to strengthen prohibitions against the circulation of material that advocates the commission of a terrorist act. The Bill requires that a publication, film or computer game that advocates the doing of a terrorist act must be classified as “Refused Classification". Materials that receive this classification are effectively banned, as under state and territory law they may not be sold, distributed or exhibited publicly.
The Bill currently deems that a publication, film or computer game advocates the doing of a terrorist act if it:
- directly or indirectly counsels or urges the doing of a terrorist act;
- directly or indirectly provides instruction on the doing of a terrorist act; or
- directly praises the doing of a terrorist act in circumstances where there is a risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment that the person might suffer) to engage in a terrorist act.
The Bill adopts the definition of terrorist act from subsection 100.1(1) of the Criminal Code Act 1995 (Cth). An exemption exists for material that depicts or describes a terrorist act that could reasonably be considered to be part of "public discussion, debate, entertainment or satire".
The Standing Committee has recommended only one amendment to the Bill – that the phrase "regardless of his or her age or any mental impairment that the person might suffer" be deleted from the definition of 'advocates'. It is felt that this phrase may cause confusion and unduly complicate the making of classification decisions. Subject to this amendment, the Standing Committee has recommended that the Bill be passed.
The Democrats oppose the Bill, as they believe the Bill represents an erosion of civil rights.
Source - Blake Dawson Waldron Lawyers
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