Is It Illegal To Show An R 18+ Movie or Video Game to a Minor?

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

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.

Video Game Classification in Australia

Offences for Showing R 18+ Games To Minors

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

Section 30 of the Act outlines an offence for selling or delivering an R 18+ game to minors under the age of 18. This carries a maximum penalty of an $16,500 fine  (or two years imprisonment) for an individual and a $33,000 fine for a corporation.

Section 30A of the Act outlines an offence for parents who allow their children to attend a ‘public demonstration’ of an R18+ game.  This offence carries a penalty of a $2,200 fine.

A general offence under section 31A also applies to anyone who publicly demonstrates an R18+ game in the presence of a minor. This carries a maximum penalty of  a $5,500 fine for an individual or $11,000 for a corporation.

To “publicly demonstrate” a computer game means to demonstrate the computer game:

• in a public place, or
• so that it can be seen from a public place.

Finally, section 33 of the Act outlines an offence of privately demonstrate a R 18+ game in the presence of a minor, carrying an $11,000 fine.

Is It Really So Bad?

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

Even the Classification Board admits that:

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 or game 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.