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27 June 2023

Is it illegal to show an R18+ movie to a minor?

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Sydney Criminal Lawyers

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There are penalties attached to showing R18+ films to minors, even if you're a parent showing the movie at home.
Australia Criminal Law

From slasher films to action blockbusters, some of the best movies are rated R18+. But how do you as a parent respond when your child wants to see a film restricted to adults?

You might be surprised to learn that there are penalties attached to showing R18+ films to minors, even if you're a parent showing the movie to your child in your own home.

Here's what you need to know.

Film Classification in Australia

Most films which are to be sold, exhibited or distributed in Australia must first be classified by the Australian Classification Board.

Currently, this includes films shown in cinemas, those sold on DVD and Blue-ray as well as films uploaded onto streaming services (other than Netflix). Exceptions exist for films shown on TV or streaming on Netflix, which  can be ‘self-classified' without going through the Board, a process likely to become more common in the future.

Films can be classified as G, PG, M, MA 15+, R 18+ or X 18+ depending on their content, with each marker recommending an appropriate age for consumers. Both R 18+ and X 18 + markers are restricted to adults.

Films are classified on the basis of six key elements:

  • Themes
  • Violence
  • Sex
  • Language
  • Drug use
  • Nudity

According to the Film Guidelines, the Board will classify a film R18+ if:

  • Themes are ‘high impact'
  • Content could be considered ‘offensive' to sections of the adult community.
  • Depictions of violence, (simulated) sex, language, drug use and nudity are not justified sufficiently in context or are considered unsuitable for minors between 15 and 18 years old.

If a film contains unstimulated sex it will be classified as X 18+ (or refused classification in some instances). Showing X 18+ films to minors is a much more serious business, which we have dealt with in a seperate article.

Offences for Showing R 18+ Films To Minors

The  Classification (Publications, Films and Computer Games) Enforcement Act 1995 (NSW) prescribes a range of minor offences for the sale and exhibition of R 18+ films to minors in NSW, including when being shown by their parents.

Section 9(2) of the Act outlines an offence for selling or delivering an R 18+ film to minors under the age of 18. This carries a maximum penalty of an $11,000 fine for an individual and a $22,000 fine for a corporation.

Section 23 of the Act outlines an offence for publicly exhibiting an R 18+ film in the presence of minors, which carries a penalty of a $5,500 fine for an individual and a $11,000 fine for a corporation.

Section 10 of the Act outlines an offence for any parent or guardian permitting a minor to attend a public exhibition an R 18+ film, carrying  a $2,200 fine.

Finally, section 17 of the Act outlines an offence of privately exhibiting a R 18+ film in the presence of a minor, carrying a $5,500 fine.

Is It Really So Bad?

It's arguable that some of the penalties attached to the showing of R 18+ films to minors are excessive and not in keeping with community expectations.

Even the Classification Board admits that:

As a parent or carer, you are the best person to decide which films and computer games are ok for your child to watch and play. You know what your child can understand and cope with, and the types of content that might upset them or cause concern for you.

Whether a particular film could be upsetting or even traumatising for a child depends greatly on the individual. Moreover, classification markers may be a poor indicator of potential harm.

One US study found that more than one-third of children scared by movies to the point of having disturbed sleep or anxiety, named a G or PG rated movie as the cause.

Whilst nobody is arguing it's ok to show the latest gory horror film to a 7 year old, parents should be able to to decide what's best and most appropriate for children, particularly in their teenage years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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