Confusion over Australia's refusal to classify Fallout 3 is running high, but thanks to some fine Aussie assistance we've got the facts, including why it happened and what our Down Under brothers can do about it.
News of the decision to refuse a rating for the most anticipated game of the year, which will keep the game in its current state off store shelves in Australia, came to light earlier this week, followed almost immediately by heated discussion about what gamers in that country could do to ensure they don't miss out on the experience. Some suggested it would be a simple matter to import the game from abroad, while others responded that doing so would bring about legal troubles, as even just attempting to purchase the game is prohibited by law, regardless of the source. Personally, I have no idea; I live in a country where big people are allowed to by big people things. So I fired off an email to Guy Blomberg, better known as Yug at Australian Gamer, to get the real scoop.
As it turns out, the situation isn't as dire for the Australian crowd as some would paint it: Anyone who wants Fallout 3 is free to order it elsewhere with no risk of penalty. "The main thing to realize is that Fallout 3 hasn't been 'banned' in Australia, it's just been refused classification," Yug said. "That means retailers here can't sell it (because they can't sell a product without a rating) but it also doesn't make the game illegal. So no jail time for importing games that have been refused classification!"
He predicted that the game will be modified to abide with the Classification board's 15+ rating, but added that if Australian gamers don't want to wait for that, they won't have to. "Basically we can just import the game from another PAL territory (such as the U.K.) and the game will work on our Australian systems, although videogame region coding isn't really an issue for the PC and PS3 versions of the games," he said.
Australian Gamer was also able to get its hands on a letter from Michael Atkinson, the Attorney General for the state of South Australia and widely regarded as the reason Australia still doesn't have an R18+ rating for videogames as it does for movies and other media. That lack of an adult rating for games is the reason so many titles are refused classification in the country and have to be edited for release; unfortunately for gamers, any changes to those regulations require unanimous support from the state Attorneys General, but Atkinson is apparently a holdout who insists that without an infallible method of ensuring that R18+ games can't fall into the hands of minors, the nation is better off not having the rating at all.
The letter was provided to Australian Gamer by an anonymous source, who contacted Atkinson regarding the current state of videogame ratings in Australia and actually received a reply. Atkinson displays a remarkable mix of heavy-handed paternalism, willful blindness and outright ignorance in his response, dismissing concerns about basic adult freedoms and implying that parents should be denied the opportunity to make decisions for their children in cases where they might make "bad choices."
"I commend your efforts to educate parents about the content of MA15+ games. However, I don't think your argument justifies the need for an R18+ gaming classification," Atkinson wrote. "You say that parents who see the MA15+ sticker believe that if their child watches films within this classification, then a computer game also classified, is suitable. I cannot see how adding an R18+ classification for games will stop parents from making bad choices for their children or stop children getting hold of a game from their friend or sibling."
Atkinson claims he is aware of statistics that show videogaming to be a predominantly adult activity, but then somehow manages to twist that fact into proof of the risk posed to children by the existence of an R18+ rating. "Given this data, I cannot fathom what State-enforced safeguards could exist to prevent R18+ games being bought by households with children and how children can be stopped from using these games, once the games are in the home," he wrote. "If adult gamers are so keen to have R18+ games, I expect children would be just as keen."
"I struggle to understand what R18+ content adds to the gaming experience," he continued. "With so much money and time going into game development, I do not believe that a gamer is bored with a game only because it does not include extreme sex, violence or illegal acts. Furthermore, with games being modified to fit within our current classification framework, it is clear that games can be modified and that games do not require R18+ content to be popular on the Australian market."
Atkinson's full and truly mind-boggling letter about the state of videogame classifications in Australia is available here.
Please tell me that you guys are still trying to put up petitions and stuff for an R18+ rating. Please?
I fail to see how MA15+ can be classified as Mature. That's more clasified as a Teen rating, as i'm pretty sure that 18+ is considered adult and therefore "Mature"
And the point of an R18+ rating is so that 1. The developers won't have to waste money editing it ans 2. So the adult gamers won't have to play it censored and just have fun with the game.
And obviously, the parents would have to buy the game for them...right?
While it seems we can import Fallout 3 (which is great news), I'm a bit saddened as many of the people so riled up on issue were because of Fallout. I'll still see what I can do, but this means we've still gotta fight to JT wanna-be that is Atkinson, but without the assistance of the Fallout fanboys, who would gladly rip him limb from limb.
Oh, and Jumplion, how many petitions do you think get sent to Atkinson? Hell, the Victorian Attorney General and Premier are all for it. It' just this one idiot, and it seems he's blind and deaf to all evidence in the contrary. Australia needs to rid itself of people like this, close-minded individuals who are impervious to reason, in order to move forward. Unfortunately, Atkinson doesn't look like he's going anywhere soon, and neither do his cronies...
Besides, how many of those petitions sent to them do you think are actually publicly well known? You guys diserve what the rest of the world is getting, and that is a fair rating system.
Plus, like i said, i really wished that you would all actually get off of your/our asses and do something about it instead of being "all talk and no action". that happens alot in my family let me tall you.
Right, so the answer is simple: order it on ebay from overseas (360 owners from PAL territories, PS3 n PC from anywhere).
This way you get A) an unedited experience, B) cheaper price, C) rather displeased stores about the lack of sales who will add pressure to get an R18+ rating (or, maybe what we should be hoping for instead, a change such that only a Majority ruling is needed in these matters, not Unanimous)
Heres the damn infalliable method - treat R rated games like Booze! How is it that they haven't figured it out? Seriously, it took me 15 seconds to come up with this.
How do I contact this guy so I can deliver my blinding flash of the obvious?
So we're back to the fire idea again. Oh well, someone's gonna get a hurt.
Yes, that'll prove that games don't make people violent:) Anyway, what I find interesting is that in the letter Atkinson essentially called the parents of Australia irresponsible and said they were unable to make the right choices for their kids. When Nintendo censored the SNES version of Mortal Kombat they got a lot of flak for it, and a decent amount was from parents saying that it's not up to them to make choices for their child. If Australia has a gaming lobby and I were them I'd put his statements about the ineptitude of Australian parents in an add and say "do you really want a guy in power who thinks you're all poor parents who would raise psychotic monsters if it weren't for Big Brother telling you what to do?" Or something like that. I wouldn't do fire because it'll just give ammo to his cronies (which I assume he has) to get a similar minded guy elected. Though it would look pretty.
Does Australia have a game industry trade association at any level? And if so, why aren't they putting serious muscle behind doing something about this?
Malygris: Does Australia have a game industry trade association at any level? And if so, why aren't they putting serious muscle behind doing something about this?
Bah, the adult media mass more power than the gaming lobby... actually scratch that, adult media probably dictates everything from behind the curtain.
Seriously, we don't have much gaming power in Australia. Most of the population really doesn't care, and those who do get pushed back down by those who are against gaming.
And there's no political will to make a serious push for change? In the US, virtually every link in the entertainment software chain has its own representative group: Publishers, developers, retailers, even consumers. Collectively, it's a very powerful organization, befitting a multi-bazillion dollar industry that routinely stomps the guts out of every other entertainment medium on the market. It's an ongoing battle, but (while I don't want to say anything to jinx it) it's a battle that's being won. If there's no similar support for the industry in Australia, then maybe it's time people got off their asses and got to work on it.
Malygris: Does Australia have a game industry trade association at any level? And if so, why aren't they putting serious muscle behind doing something about this?
Bah, the adult media mass more power than the gaming lobby... actually scratch that, adult media probably dictates everything from behind the curtain.
Seriously, we don't have much gaming power in Australia. Most of the population really doesn't care, and those who do get pushed back down by those who are against gaming.
Don't be so sure, I spotted this over at game politics
Samah: I have a brilliant idea: Get it on Sunrise. Kochie will "make it so" (bad Picard pun there). PS. I live in South Australia and I already feel ashamed.
Actually, seems Sunrise is pretty level-headed about this. They actually had a segment about it, and they're all for it. Hell, they even recommended GTA4 to people over 15.
Malygris: And there's no political will to make a serious push for change? In the US, virtually every link in the entertainment software chain has its own representative group: Publishers, developers, retailers, even consumers. Collectively, it's a very powerful organization, befitting a multi-bazillion dollar industry that routinely stomps the guts out of every other entertainment medium on the market. It's an ongoing battle, but (while I don't want to say anything to jinx it) it's a battle that's being won. If there's no similar support for the industry in Australia, then maybe it's time people got off their asses and got to work on it.
There a lot of IT students majoring in games design in Australian Universities, but we lack the neccessary number of studios and publishers to provide the employment and the monetary/political influence for it..
the man is clearly an idiot wilfully arguing a flawed point. Even if you were for the videogames promote violence rubbish this policy would be good for you too. But it doesn't matter it costs $60 to import fallout 3 buy from a retailer about 50 more than that no point not ordering. Australian gamers don't just get screwed on titles they get screwed on price too.
Aw, does this mean i don't get to start my rebellion? But i just got the Russinas to hand over some of their nukes and now they're gonna go to waste :(
I'm shocked and surprised at this article - I thought The Escapist was better than this.
First of all, Yug isn't a qualified legal practitioner, as would be patently obvious had you asked him his background. His dispensing legal advice is not only negligent, it's downright dangerous.
Secondly, his advice is incorrect. Dangerously so - the Australian Attorney General has made it very clear that importation of RC classified goods into Australia is treated as importation of restricted goods and is an offence against the Customs Act as recently as last year:
Thirdly, this would have been very obvious had you done the 10 minutes of research required. The Australian Customs site makes it very clear, as does the Attorney General. The Customs Act also makes it clear that importation of restricted goods carries a penalty.
I'm not a lawyer, and this is most definitely not legal advice. However, it's also very clear that the situation isn't anywhere near as friendly as Yug makes out. Anyone who decides to import a restricted good into Australia does so at their own risk - while he's probably correct that there's no jail time (that's reserved for importation of narcotic goods which carries absolute liability), he's not correct in implying that it's free of penalty.
This is journalism of the poorest sort. 'Firing off an email' on a legal issues and reporting the results as fact? Not very professional, Escapist.
EvanAustralia: ...I'm not a lawyer, and this is most definitely not legal advice. However, it's also very clear that the situation isn't anywhere near as friendly as Yug makes out. Anyone who decides to import a restricted good into Australia does so at their own risk - while he's probably correct that there's no jail time (that's reserved for importation of narcotic goods which carries absolute liability), he's not correct in implying that it's free of penalty....
He is very right, importation of RC games (or media of any type) carries up to $275,000 (roughly) fines and up to 10 years imprisonment. And it is getting more and more risky as it becomes more and more popular (importing games that is). You are able to get a permit as that article says...but good luck getting one "Cause I am 18 and I can handle that game." just won't cut it.
EvanAustralia: ...I'm not a lawyer, and this is most definitely not legal advice. However, it's also very clear that the situation isn't anywhere near as friendly as Yug makes out. Anyone who decides to import a restricted good into Australia does so at their own risk - while he's probably correct that there's no jail time (that's reserved for importation of narcotic goods which carries absolute liability), he's not correct in implying that it's free of penalty....
He is very right, importation of RC games (or media of any type) carries up to $275,000 (roughly) fines and up to 10 years imprisonment. And it is getting more and more risky as it becomes more and more popular (importing games that is). You are able to get a permit as that article says...but good luck getting one "Cause I am 18 and I can handle that game." just won't cut it.
Well, this sucks... I suppose Australia can't get Fallout 3 at all. ARGH!
There is at least one semi-prominent video game journalist hammering regularly on the twin columns of injustice of Australian video gaming: the lack of an R18+ rating and ridiculous overpricing. But it doesn't make much of a stir. It's the last thing on a politician's mind: the video-gamer demographic is not exactly politically sensitive, and the typical young voter of game-playing age votes for the progressive party anyway, so pandering to them achieves nothing. Most of the swing voters in the politically borderline regions are young families (many of them evangelical Christians), so the Government will always come down on the side of 'values'. It's just gonna take time.
How do you stop kids from playing 18 rated games? what possible godly power could stop the mass murderer/next hitler/rapist- producing, world ending, heinous event of a child playing fallout? surely not FAMILY SETTINGS?!
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Fallout 3 In Australia: The Real Skinny
Confusion over Australia's refusal to classify Fallout 3 is running high, but thanks to some fine Aussie assistance we've got the facts, including why it happened and what our Down Under brothers can do about it.
News of the decision to refuse a rating for the most anticipated game of the year, which will keep the game in its current state off store shelves in Australia, came to light earlier this week, followed almost immediately by heated discussion about what gamers in that country could do to ensure they don't miss out on the experience. Some suggested it would be a simple matter to import the game from abroad, while others responded that doing so would bring about legal troubles, as even just attempting to purchase the game is prohibited by law, regardless of the source. Personally, I have no idea; I live in a country where big people are allowed to by big people things. So I fired off an email to Guy Blomberg, better known as Yug at Australian Gamer, to get the real scoop.
As it turns out, the situation isn't as dire for the Australian crowd as some would paint it: Anyone who wants Fallout 3 is free to order it elsewhere with no risk of penalty. "The main thing to realize is that Fallout 3 hasn't been 'banned' in Australia, it's just been refused classification," Yug said. "That means retailers here can't sell it (because they can't sell a product without a rating) but it also doesn't make the game illegal. So no jail time for importing games that have been refused classification!"
He predicted that the game will be modified to abide with the Classification board's 15+ rating, but added that if Australian gamers don't want to wait for that, they won't have to. "Basically we can just import the game from another PAL territory (such as the U.K.) and the game will work on our Australian systems, although videogame region coding isn't really an issue for the PC and PS3 versions of the games," he said.
Australian Gamer was also able to get its hands on a letter from Michael Atkinson, the Attorney General for the state of South Australia and widely regarded as the reason Australia still doesn't have an R18+ rating for videogames as it does for movies and other media. That lack of an adult rating for games is the reason so many titles are refused classification in the country and have to be edited for release; unfortunately for gamers, any changes to those regulations require unanimous support from the state Attorneys General, but Atkinson is apparently a holdout who insists that without an infallible method of ensuring that R18+ games can't fall into the hands of minors, the nation is better off not having the rating at all.
The letter was provided to Australian Gamer by an anonymous source, who contacted Atkinson regarding the current state of videogame ratings in Australia and actually received a reply. Atkinson displays a remarkable mix of heavy-handed paternalism, willful blindness and outright ignorance in his response, dismissing concerns about basic adult freedoms and implying that parents should be denied the opportunity to make decisions for their children in cases where they might make "bad choices."
"I commend your efforts to educate parents about the content of MA15+ games. However, I don't think your argument justifies the need for an R18+ gaming classification," Atkinson wrote. "You say that parents who see the MA15+ sticker believe that if their child watches films within this classification, then a computer game also classified, is suitable. I cannot see how adding an R18+ classification for games will stop parents from making bad choices for their children or stop children getting hold of a game from their friend or sibling."
Atkinson claims he is aware of statistics that show videogaming to be a predominantly adult activity, but then somehow manages to twist that fact into proof of the risk posed to children by the existence of an R18+ rating. "Given this data, I cannot fathom what State-enforced safeguards could exist to prevent R18+ games being bought by households with children and how children can be stopped from using these games, once the games are in the home," he wrote. "If adult gamers are so keen to have R18+ games, I expect children would be just as keen."
"I struggle to understand what R18+ content adds to the gaming experience," he continued. "With so much money and time going into game development, I do not believe that a gamer is bored with a game only because it does not include extreme sex, violence or illegal acts. Furthermore, with games being modified to fit within our current classification framework, it is clear that games can be modified and that games do not require R18+ content to be popular on the Australian market."
Atkinson's full and truly mind-boggling letter about the state of videogame classifications in Australia is available here.
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