The government has released guidelines – which include a new R18+ section – that the Classification Board shall now use to determine a videogame’s rating.

Although all states have agreed to the guidelines, each must still pass a bill bringing the R18 rating into law, the Minister for Home Affairs and Justice Jason Clare confirmed.

Australia's Capital Territory has passed such a bill, and all states are expected to follow suit by the time the Federal bill comes into effect in January 2013.

The criteria for the new R18+ classification is as follows:

THEMES
There are virtually no restrictions on the treatment of themes.

VIOLENCE
Violence is permitted. High impact violence that is, in context, frequently gratuitous, exploitative and offensive to a reasonable adult will not be permitted.
Actual sexual violence is not permitted.
Implied sexual violence that is visually depicted, interactive, not justified by context or related to incentives or rewards is not permitted.

SEX
Depictions of actual sexual activity are not permitted.
Depictions of simulated sexual activity may be permitted.
Depictions of simulated sexual activity that are explicit and realistic are not permitted.

LANGUAGE
There are virtually no restrictions on language.

DRUG USE
Drug use is permitted.
Drug use related to incentives and rewards is not permitted.
Interactive illicit or proscribed drug use that is detailed and realistic is not permitted.

NUDITY
Nudity is permitted.

In contrast, the guidelines for which games should be refused classification altogether are :

CRIME OR VIOLENCE
Detailed instruction or promotion in matters of crime or violence.
The promotion or provision of instruction in paedophile activity.
Descriptions or depictions of child sexual abuse or any other exploitative or offensive descriptions or depictions involving a person who is, or appears to be, a child under 18 years.
Depictions of:
(i) violence with a very high degree of impact which are excessively frequent, prolonged, detailed or repetitive;
(ii) cruelty or realistic violence which are very detailed and which have a very high impact;
(iii) actual sexual violence.
Implied sexual violence related to incentives and rewards.

SEX
Depictions of actual sexual activity are not permitted.
Depictions of simulated sexual activity that are explicit and realistic are not permitted.
Depictions of practices such as bestiality.
Gratuitous, exploitative or offensive depictions of:
(i) activity accompanied by fetishes or practices which are offensive or abhorrent;
(ii) incest fantasies or other fantasies which are offensive or abhorrent.

DRUG USE
Detailed instruction in the use of proscribed drugs.
Material promoting or encouraging proscribed drug use.
Computer games will also be Refused Classification if they contain:
(i) illicit or proscribed drug use related to incentives or rewards;
(ii) interactive drug use which is detailed and realistic.

Somewhat alarmingly, the new guidelines argue that videogames should not be treated in the same way as other media as they have a “higher impact”, despite there being no research to back this statement up.

“As a general rule computer games may have a higher impact than similarly themed depictions of the classifiable elements in film, and therefore greater potential for harm or detriment, particularly to minors,” reads the offending passage.

In light of the aforementioned section, the Interactive Games and Entertainment Association gave the guidelines a “reserved and qualified welcome”.

“Given the opposition to the introduction of an R18+ category from a vocal yet unrepresentative section of the community, along with a largely conservative group of Attorneys-General, it is no surprise the new guidelines hold video games to a higher standard across a number of categories compared to film and what originally existed for video games,” the organisation said.

“As we have previously stated, we are concerned with the acknowledgment in the guidelines that interactivity has greater impact on players, despite the Federal Attorney-General’s office publishing a literature review in September 2010 that found no evidence to support these claims.

“There will be continued debate about whether the interactivity of video games has a greater impact than other forms of media, and we will continue to refer to the lack of the evidence to support these claims,” it continued.

“Ultimately, we will need to wait to see how the Classification Board interpret and administer the new R18+ and revised M and MA15+ categories. We trust that they will reflect the standards of morality, decency and propriety accepted by reasonable adults, not just the vocal ones.”

The guidelines will take effect on January 1, 2013.