The Australian Classification Board (ACB) has confirmed to Somebody Think Of The Children that a person’s overall appearance is used by the Board to determine whether someone appears to look under the age of 18 in a film or publication.
A spokesperson for the Board said the overall appearance of persons in publications in conjunction with the context in which they are depicted, including text, props and poses were considered when making their decisions.
However, the Director of the Australian Classification Board, Donald McDonald, refused to answer repeated questions from this blog about the specifics of breast size in deciding on a person’s apparent age. Asked whether breast size was considered by the Board when determining age, McDonald said he had no further comment to make.
Adult with an I.D? No Dice:
In Australia the National Classification Code dictates that anything that describes or depicts a person who appears to be a child under 18, even if they are an adult, in a way that is likely to cause offence, must be banned. State Criminal Acts are stricter, with for example Victoria’s, South Australia’s and Queensland’s child pornography laws making depictions of adults that appear to be underage illegal.
Last week news broke that the Board was banning publications which contained models who appeared to be underage because of their small breasts. Although these rules are not new, it was not necessarily known what criteria the ACB was using to determine a model’s age.
Because the Board’s guidelines do not specify breast size or what appearance constitutes a person under the age of 18, the process for determining a subject’s age is likely to be subjective and inconsistent.
The ACB said that Barely Legal, Purely 18 and Finally Legal magazine titles were banned because they contained a person that appeared to be under 18, the Board said some of these issues were Refused Classification (RC refers to items banned for sale in Australia) because they contained offensive depictions of someone who was or appeared to be under 18 years. Other issues were classified RC for offensive fantasies involving rape and incest.
Huge public response:
In a press release issued last week by the the Australian Sex Party, and in further detail here, Fiona Patten described how during a Classification Board training session, which she and three adult magazine distributors and one publisher attended, the underdeveloped nature of a model’s breasts was cited as a reason for an image to be Refused Classification numerous times. A massive worldwide response to the story followed, with traffic placing so much stress on this blog that it suffered downtime on multiple occasions.
Colin Jacobs, Vice Chair of Electronic Frontiers Australia, said the Classification Board has a duty to be transparent with the public about what is being censored and why.
“A process as subjective as determining the apparent age of a model is really a very problematic basis for a classification guideline, and this demonstrates it perfectly,” he said. “We don’t blame the Board for enforcing the law, but we do blame them if they aren’t forthcoming on how or why they’re enforcing it in this case. The only reason censorship is compatible with democracy is that it’s transparent.”




39 comments
Australia bans small breasts - Somebody Think Of The Children says:
Feb 1, 2010
[...] Classification Board confirms your appearance can determine your age, but refuses to comment on brea…. Stay up to date with censorship issues affecting Australia by subscribing to my RSS feed. Click [...]
Classification Board responds to small breasts ban - Somebody Think Of The Children says:
Feb 1, 2010
[...] Classification Board responds to small breasts ban January 28, 2010 – 6:27 pm Important Update, 01/02/10: The Classification Board has confirmed a person’s appearance can determine their age. The ACB’s Director has refused to comment on specifics about breast size. Read more. [...]
Ms Naughty says:
Feb 1, 2010
So not-quite confirmation, not-quite denial.
It’s worrying that such a subjective guideline is easily open to abuse and scope creep. A publisher can’t know in advance if the legal model they’re showing will pass muster with the Board because it’s all based on the Classifier’s opinion and how they’re feeling on that particular day.
The lack of transparency is, as Colin Jacobs says, disturbing.
Bob Bain says:
Feb 1, 2010
oh dear oh dear oh dear…
Does anyone realise that Lisa Simpson has relatively large breasts. This is a reminder that a cartoon of Bart and Lisa Simpson was found to be RC material at a local Parramatta court sometime in 2008.
You can find some (as yet unclassified) depictions of Bart and Lisa Simpson on this “Famous Cartoon” page.
http://famous-cartoon.adult-collections.com/page/2/
Warning there are nude images of someone called Cyrus and the final cartoon depicts one of these golden shower things….
View at your own risk.
Save an image to your hard drive at your peril ! The thought police are on the prowel.
I believe the golden shower depiction would render this page of cartoons RC under the current Australian classification code.
Ms Naughty says:
Feb 1, 2010
Forgot to add… the Board seems very quiet on the subject of a female ejaculation ban too.
Bob, a second conviction for possession of those Simpsons cartoons has just occurred.
http://arstechnica.com/tech-policy/news/2010/01/simpsons-powerpuff-girls-porn-nets-jail-time-for-australian.ars
Mike says:
Feb 1, 2010
@Ms Naughty: They have provided me with some further details on female ejaculation, but I will require some more time to do a write up.
Tarkam says:
Feb 1, 2010
Is it just me or we so scared of what people might think that eventually we wont let children ever be naked?
I mean seriosly, warped minds are warped minds, it doesnt matter where they get the material, it matters that we help them stop themselves.
I’ve read articles with people who are attracted to children, who’ve never acted on it, but only cause they have got the help they needed.
I’ve seen 40 years of this world, and I remember when I was a child hearing about abuse, hearing about violence, and I cant see where we’ve made things any better by being so paranoid……..
Jason says:
Feb 1, 2010
Tarkam, you have addressed a very important issue.
There are online communities comprised of open paedophiles who for moral reasons, actively distance from and fight against the consumption of any material that is harmful to those who cannot legally consent.
By making materials illegal that were once legal and constituted no harm to minors (by their production or potential incites) it must be asked what is the consequences of this?
When there is no legal distinction between adults in schoolyard attire or fictional materials such as the ‘Simpsons’ cartoons to real child abuse material, what motive is there for individuals of a present paedophilic inclination from substituting illegal/harmful materials for “safe” ones?
Not to mention the social hysteria and shame that may prevent them from being honest(to themselves and others) and seeking professional help if they feel it beneficial.
These rulings are in fact increasing the likelihood of child abuse material being used, and the knock on effects of children being put into harms way.
Matthew says:
Feb 2, 2010
They look at the “text, props and poses” when considering if a person looks under 18? Seriously? What poses makes a woman look under 18? This is bizario land stuff.
Tyciol says:
Feb 2, 2010
I have an excellent idea everyone: tanning is already popular. Why don’t we mandate that the entire population spends hours every day in a tanning bed?
This way, the skin will prematurely age and become very wrinkly. This way, nobody will look young, and we won’t have to be afraid of turning into pedophiles for admiring a healthy non-degenerated appearance.
Melanoma is a small price to pay to wipe out the cancer of pedophilia!
Steve says:
Feb 2, 2010
“anything that describes or depicts a person who appears to be a child under 18, even if they are an adult, in a way that is likely to cause offence, must be banned”
Serious questions. What is the objective criteria for determining if a person “looks” under 18?
Likely to cause offense, to whom?
A lot of things offend me, would I like to see them banned? Yes. Do I think that that is at all likley. No. I learn to live with it.
scootah says:
Feb 2, 2010
Am I the only person confused? How are these women being depicted as under 18? Are CGI and camera tricks being used ala Lord of the Rings to make them look shorter? Are they having their appearance of age modified for the films? Or are they simply being depicted as young women who have visible characteristics of youth?
Isn’t it incongruous to claim that an 18 year old legal adult, being depicted with no more or less appearance modifying make-up/production touch ups then any other model is depictive of something younger then an 18 year old?
It seems a little like banning pictures of cats as immoral and reprehensible but allowing pictures of dogs, the noblest of animals – and then banning pictures of any breed of dog that could be mistaken for being a cat.
Common Sense says:
Feb 2, 2010
As any bartender knows, it’s difficult to rely on personal judgment when it comes to determining someone’s age. If in doubt, don’t look at her breasts; ask for identification.
That’s precisely what the ACB should be doing: requiring porn films to submit proof of their models’ age – just like the American FBI does – not relying on some vague, indescribable gut feeling that a model looks “too young.”
dave says:
Feb 2, 2010
Urrgghhh these people at the ACB Still don’t get it!
The main problem is the quote for women who “Look like” their under 18
HOW THE FUCK ARE WE SUPPOSED TO DETERMINE IF THEY “”LOOK”" UNDER 18 FROM A LEGAL STANDPOINT
THE FUCKING LAW IS WAAAAAAAYYYY TO VAGUE AND CAN EASILY BE EXPLOITED!
hurrdurr says:
Feb 2, 2010
hahahaha stupid australians
Mona says:
Feb 2, 2010
Sorry to be off topic but is this going to be addressed here soon?
http://www.theaustralian.com.au/news/nation/industry-alarm-at-r-rated-cover-up/story-e6frg6nf-1225819431495
I’ve already seen it in effect in video stores and it’s rather shocking that I had to browse through porn for my horror movies and that no one else in the store seemed to know what happened. Well, now that I do, I have to say this is up there with banning R-rated games for sheer sickening stupidity. Good move, Atkinson!
Mike says:
Feb 3, 2010
@Mona: I do plan to write on it, just crunched for time at the moment. Censorship wise, 2010 has been one of the worst.
The Laugher says:
Feb 4, 2010
How soon will it be illegal to think?
Will women soon be banned from walking around in public without implants?
Yes, the 2nd sentence was a joke however, this mcdonald clown needs to be investigated.
It is TRUE that, when someone whines too loudly against something, it is typically something about that which they are hiding.
Is mcdonald a closet paedophile?
I’m a gym rat.
I see a woman with an athletic body which is in shape as so much more attractive than any woman who has “kneebangers”.
This is absolute discrimination.
Mere;y because someone finds smaller, pert breasts attractive or more attractive than large ones does NOT at all mean he is a paedophile.
this is all neurotically driven nonsense.
Jason says:
Feb 4, 2010
re: The Laughter
It is VERY suspicious these people so vehemently campaigning these laws.
I think scrutiny would be more beneficial focused on these appointed judges who find ADULTS dressed in school uniforms as provoking desires of child molestation, then on the models/magazines.
Jack Jones says:
Feb 6, 2010
What next, you will be arrest if you either break the law, or if you APPEAR to break the law, regardless of whether you can provide an alibi.
Clearly, if you appear to break the law, then you must be inclined to do so, and we must protect law abiding citizens.
This is as bad as criminalizing cartoon depictions of kids, yet you can still draw images of mass murder.
Janice says:
Feb 6, 2010
The British Board of Film Classification guidelines also include a clause that enables them to ‘ban small boobs’:
‘The following content is unacceptable:
Material (including dialogue) likely to encourage an interest in sexually abusive activity (for example, paedophilia, incest or rape) which may include adults role-playing as non-adults.’
Fridge says:
Feb 6, 2010
No incest or underaged looking women?
So long Hentai.
I still find it pretty appalling that our government wishes to ignore and ban Euthanasia, but this is just god damn idiotic.
People should be allowed to jerk off to whatever the hell they want.
Edison Carter says:
Feb 10, 2010
Scootah;
From what I understand they’re saying that if a 22yo poses in school uniform sucking a lollypop then it’s ‘child porn’
Jason;
Right on the money. The people behind these laws are overreacting to their own ‘paedophile tendencies.’ They’re terrified that finding teenage schoolgirls ‘sexy’ (just like every healthy male on the planet does.) makes them some sort of sicko.
Vigilantism is bad for the cause | EFA says:
Feb 10, 2010
[...] problem with a nebulous and subjective classification standard for adult material (well covered by Michael Meloni at SToTC) the insinuation that this is a new thing (Rudd and his “aid” Conroy have not changed [...]
Cynicalfatty says:
Feb 11, 2010
So gay men aren’t healthy Edison?
You know, not all men find the same things attractive.
TB says:
Feb 19, 2010
I wonder how long it’ll take before pigtails are put on the pornographic no-no list over at the ACB.
UpsetCanuck says:
Feb 26, 2010
This is how ridiculous this is, when in Junior High school in Canada, I knew a 12 year old girl who had D cups… so is this really an accurate representation of age?
Merv says:
Feb 28, 2010
I’m quite surprised by reading these articles.
I’m a Brit living in the USA, where the social climate, is 30 years beyond that of Europe, and even Canada. I always thought of Australians, to be so liberated.
In my mid 20′s I dated beautiful ballerina who was 19. Naturally, due to excessive working out, she had very small breast’s, and I adored them. Too much emphasis in Bar’s or girlie Mag’s is the moronic thought that bigger is better..Not so in my mind. Breast’s all have the same number of of nerve ending’s.
People who condenm small breast’s to little girl’s, must have had a really strange, or abusive childhood.
I feel for these young women that are discriminated against, and I hope that they fight for democracy. The last I was aware Austrailia did not have Muslim types of supression. Best of luck my friends.
kyo says:
Feb 28, 2010
does aus have a supreme court that can over turn this crap?
Rob says:
Mar 20, 2010
Down under and bass ackwards seems to apply to Australian policy.
Rory says:
Apr 28, 2010
That’s going to suck for my boyfriend; because of genes I’m less than 5 feet tall, and well, perpetually look like I’m 15 (and have to buy clothes in the children’s department). Add to that that I’m not very well endowed, and that I’m Asian. Pretty much, it doesn’t matter that I’m five years older than he is, and that we’ve got kids, I can’t send him sexy photos to cheer him up during his workday because it can be ruled childporn!
All I have to say to that is SORRY, YOU’RE DISCRIMINATING AGAINST YOUNG LOOKING ASIAN WOMEN! Ha, can we constitute it as a racism charge as well? That might get the law overturned.
I think too, that it’s inane that illustrated or cartoon porn featuring fictional kids lands you in trouble. No real children were harmed. And apparently have never heard of adult women having ravishment fantasies (as I’ve read of the poor guy who got charged because some of the hentai he ordered had rape scenes in it. Probably even that ridiculous tentacle rape stuff.)
Anonymous says:
Apr 30, 2010
I have small breasts. I am overweight, after gaining 70 lbs, and I still have small breasts (A cup now, no-cup before). My breasts are not “underdeveloped.” They are fully developed.
Australia used to seem like such a cool place from the outside, but the last few years of news coming out makes me strike it off my someday-to-visit list.
I might get arrested for having “underdeveloped” boobs.
Man Datoryfilter says:
May 4, 2010
Over recent months, the changes to the original 2007 campaign promises for the “Cyber Safety” plan have become serious cause for concern.
Australia’s strong stance on non-transparency is the most alarming – upon the revealing of the proposed blocked list of sites on Wikileaks, Australia blocked wikileaks!!! (wtf?!) And the secretiveness of the list now, whereby not even reporters with legitimate concern are able to see it, will simply be a matter that can be exploited allowing illegitimate scope creep.
Seriously, the more I read about this, the more Australia gets closer to the authoritarian regimes of China and Iran.
Clean up your act mate!
narutolost says:
Jul 8, 2010
All the countries are becoming more and more victorian lately, but the commonwealth onces are among the worst. I feel for the Australlians, the actresses, and the normal publishers. Maybe you guys should fight back.
Anonymous says:
Oct 14, 2010
As if women don’t already have enough pressure on them to have huge breasts, now those in the porn industry with A cups are going to be discriminated against further. On top of that, the pornography available in Australia legally will shape the minds of young men in such a way that they will no longer find naturally small breasted adult women attractive. I’m screwed (or not).
Sunshine Coast real estate says:
Dec 15, 2010
It is TRUE that, when someone whines too loudly against something, it is typically something about that which they are hiding.
HCM says:
Apr 14, 2011
Donald McDonald is just bitter that his parents couldn’t be stuffed to think of a name for him.
vstr says:
Nov 15, 2011
Anonymous: if you choose to have a brazillian, or simply don’t grow much hair, you are doubly screwed (or not).
How flat-chested is too flat-chested? | PostGygaxian says:
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[...] countries ban depictions of women based on whether the woman appears to be young. For example, try to guess the age of the person in the following photograph; she was born in [...]