In September 2007 the ‘Classification, (Publications, Films and Computer Games) Act 1995’ was amended so that items that promoted terrorist activity would be Refused Classification.
This page covers their use in 2017.
Islamic terrorism publications x 14
Authors Al-Qaeda & ISIS / 2017
Between July and October 2017, ISLAMIC TERRORISM PUBLICATIONS X 14 (2017) were banned by the Classification Board.
This mixture of books and magazines was submitted by the Australian Federal Police Joint Counter Terrorism Team (JCTT).
February 1, 2018
The applications made by the Australian Federal Police (AFP) appear to be the first time the agency has sought for materials originating with ISIS or Al-Qaeda to be banned in Australia.They are unusual, because possession of some of the materials would potentially already engage Australia’s broad terrorism laws.
University of New South Wales dean of law George Williams said that “quite apart from the censorship regime, there are very broad powers and stringent offences for possessing things connected with terrorism.
“That has in the past included instruction manuals and material of that kind.”
But the new applications appear to be targeted at prosecuting individuals who may be seeking to move banned material in or out of Australia.
A spokeswoman for the AFP told BuzzFeed News: “In order to prosecute a person for moving material in or out of Australia the AFP is required to apply to the Classification Board for the material to be Refused Classification.”
The spokeswoman directed BuzzFeed News to a section of the Customs Act that prohibits the import of material that has been refused classification, carrying a maximum penalty of up to five years in prison.
If an individual was charged for importing some form of ISIS propaganda under this offence, it would likely be the first time this has occurred in Australia.
The development signals that the AFP may be adopting broader enforcement strategies to combat threats, relying on a range of offences not traditionally linked to terrorism.
A number of terrorism matters are currently before various Australian courts stemming from several prosecutions initiated in the past five years.
– Australian Counter Terrorism Police Are Asking The Classification Board To Ban ISIS Propaganda
– article @ buzzfeed.com
Publication 1 to 8
The following issues of DABIQ, the propaganda magazine of ISIS, were banned in October.
No. 1 – THE RETURN OF KHILAFAH (26-pages)
No. 2 – THE FLOOD (26-pages)
No. 3 – A CALL TO HIJRAH (42-pages)
No. 4 – THE FAILED CRUSADE (56-pages)
No. 5 – REMAINING AND EXPANDING (40-pages)
No. 6 – AL-QA’IDAH OF WAZIRISTAN A TESTIMONY FROM WITHIN (63-pages)
No. 7 – FROM HYPOCRISY TO APOSTASY THE EXTINCTION OF THE GRAYZONE (83-pages)
No. 8 – SHARI’AH ALONE WILL RULE AFRICA (68-pages)
The reason given for the Refused Classification ratings for No. 1, 2, 3, 4, 5, 7, and 8 were:
October 2017
Pubs section 9A and items 1(a) & (c)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified.”AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
– Classification Board
(c) as publications that “promote, incite or instruct in matters of crime or violence”.
The reason given for the Refused Classification rating for No. 6 was:
October 2017
Pubs section 9A and items 1(b) & (c)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection (3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1, item “1 Publications that:
– Classification Board
(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not)” and
(c) “promote, incite or instruct in matters of crime or violence”.
In all cases, the publisher was listed as Al Hayat Media Center.
Publication 9 & 10
A CD-ROM of INSPIRE MAGAZINE – SUMMER 1431 (2010) (67-pages), the propaganda magazine of Al-Qaeda, was banned in July.
This was followed in August by INSPIRE MAGAZINE – WINTER 1436 (2014) ISSUE 13 (57-pages).
The reason given for the Refused Classification ratings was:
July & August 2017
– Classification Board
Reason: 9A
9A Refused Classification for publications, films or computer games that advocate terrorist acts states that:
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly conceals or urges the doing of a terrorist act: or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
In both cases, the author was listed as Al-Qaidah Organisation of The Arabi and the publisher Al-Malahem Media.
Publication 11
A CD-ROM of IN PURSUIT OF FREEDOM (9-pages) was banned in October.
The reason given for the Refused Classification rating was:
October 2017
Pubs section 9A and item 1(a)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
– Classification Board
(a) as publications that “describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified.”
The publisher was listed as AT-Tibyan Publications.
Publication 12
A CD-ROM of THE ISLAMIC STATE 2015 (100-pages) was banned in August.
The reason given for the Refused Classification rating was:
August 2017
Pubs section 9A and items 1(a) & (c)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified.”AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
– Classification Board
(c) as publications that “promote, incite or instruct in matters of crime or violence”.
The author and publisher were not listed.
Publication 13
A CD-ROM of PRECAUTION, SECRECY AND CONCEALMENT: BALANCING BETWEEN NEGLIGENCE AND PARANOIA (23-pages) was banned in October.
The reason given for the Refused Classification rating was:
October 2017
Pubs section 9A and items 1(a) & (c)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified.”AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
– Classification Board
(c) as publications that “promote, incite or instruct in matters of crime or violence”.
The publisher was listed as AT-Tibyan Publications.
Publication 14
A CD-ROM of SAFETY AND SECURITY GUIDELINES FOR LONE WOLF MUJAHIDEEN (64-pages) was banned in August.
The reason given for the Refused Classification rating was:
August 2017
Pubs section 9A and items 1(a) & (c)
9A Refused Classification for publications, films or computer games that advocate terrorist acts
(1) A publication, film or computer game that advocates the doing of a terrorist act must be classified RC.
(2) Subject to subsection
(3), for the purposes of this section, a publication, film or computer game advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(3) A publication, film or computer game does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
(4) In this section: terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1. (a) as publications that “describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified.”
AND The publication is classified RC in accordance with the National Classification Code, Publications Table, 1. (c) as publications that “promote, incite or instruct in matters of crime or violence”.
– Classification Board
The author and publisher were not listed.
Further reading
See the ISLAMIC TERRORISM VIDEOS X 8 (2017) entry in Film Censorship Database No. 1 for information about the visual media submitted at the same time.