An overview of how to classify video games and films

New reforms which affect the classification of video games that contain gambling-like content are a timely reminder to revisit how developers and production companies classify video games or films.

This article addresses the recent reforms to the Classification (Publications, Films and Computer Games) Act 1995 (the Act), which have streamlined the processes for developers and production companies to classify their content.

Key takeaways

• Updates to the Act have created new, simpler methods to classify films and video games.
  
  
• Developers and production companies can train in-house ‘accredited classifiers’ or ‘authorised assessors’, or use automatic classification tools to classify their content without having to go through the process of submitting their film or video game to the Australian Classification Board for classification.

Background to the scheme

Video games and films (including TV shows, video-on-demand and over-the-top streaming) are required by law to have an age rating classification when sold or distributed in Australia, including on streaming platforms. Traditionally, production companies or content distributors have had to apply to the Australian Classification Board to have their video game or film classified, resulting in high workloads for the Australian Classification Board and potentially long wait times for classification decisions. Our article, Mandatory minimum classifications for computer games with gambling-like content, highlighted how any new video games that contain elements of simulated gambling, or in-game purchases linked to an element of chance, must now be classified with higher age classifications. These reforms are a timely reminder to revisit how to comply with Australia’s classification scheme for both video games and films. We anticipate that the reforms to gambling and in-game purchases may increase regulatory focus in this area.

Changes around how to classify video games

In-house accredited classifiers

As of March 2024, video game developers and film production companies can now train designated staff members to become ‘accredited classifiers’ to classify their content. While a typical decision of the Australian Classification Board could take up to 25 working days for approval, the decision of an accredited classifier has the same effect of an Australian Classification Board decision, but at a fraction of the time and cost.

Production companies can use external accredited classifiers or can train their own staff to make these decisions. Training staff involves the completion of prescribed training from the Australian Classification Board and passing the specified content exam for either video game or film classification, achieving a 90% minimum score in that exam.

Authorised assessors

Developers and production companies can also train, employ or consult with ‘Authorised Assessors’. The authorised assessor scheme is broadly similar to the accredited classifier scheme, except that authorised assessors can only make recommendations to the Australian Classification Board and are limited in the scope of content they can assess. The benefit of the authorised assessor scheme is that it is easier to become an authorised assessor than an accredited classifier.

Classification tools

Several classification tools have also been approved for use in Australia, and enable the near automatic classification of video games and films. A classification tool is a questionnaire, computer program, or other interface which classifies video games or films based on Australian classification law. The classification tool then sends its decision to be automatically published on the National Classification Database.

IARC Tool

The International Age Rating Coalition (IARC) tool is one of the most prominent international classification tools. Most video games distributed for online and/or mobile gaming in Australia can be classified using the IARC tool, which enables near automatic classification of video games. However, this tool is only available on some participating online platforms, and is unavailable where video games are distributed via traditional means such as in brick and mortar stores. The Australian Classification Board also has the ability to override the classification given by the IARC tool if it disagrees with that classification.

Custom tools

Developers and production companies may wish to develop their own classification tool to avoid the need to train in-house accredited classifiers or submit decisions to the Australian Classification Board. Developing a tool may be of use if you are a significant production company and need to tailor the ratings process to your content. Three such custom tools are now in operation, being the Amazon tool (approved for use in September 2024), the Spherex classification tool (approved in 2022), and the Netflix tool (approved in 2018).

Developing an in-house classification tool requires cooperation with the Australian Classification Board, the Department of Infrastructure, Transport, Regional Development, Communication and the Arts, and the relevant Minister, to ensure that the tool meets all the necessary requirements of the Australian classifications scheme.

Key considerations for video game classification

We recommend that video game developers and film production companies consider:

• Does your content comply with recent changes to the Australian classifications scheme?
  
  
• When you publish video games or films, are they regularly and consistently classified with Australian age classifications and the appropriate consumer advice?
  
  
• Would training or employing an accredited classifier reduce your costs of compliance and/or speed up the time it takes to classify your content?
  
  
• Are you aware of all your regulatory obligations in respect of classifying new, updated or ancillary content?

If you require support with classification queries or assessments, Corrs has its own accredited classifier available to assist and advise.