What Are Restrictions?
Age restrictions are put in place to prevent minors from seeing or doing something that they would not normally be allowed to do by laws governed by ones country and/or state.
In Australia there have very strict laws when it comes to minors who are under 18 years of age which includes taking measures that to prevent and/or warn those minors of what they are about to see and/or do. The items or products minors may would normally be prevented from accessing can include (but is not limited to) Alcohol, drugs, Medication, Adult content, weapons and porn, just to name a few.
Here at Oh La La Patisserie we make cakes for all occassions which include occassions like Birthday, wedding, communion and adult cakes and it’s these Adult cakes that are being restricted from view to minors on our website.
Minors Criminal Responsibility in Australia!
The age of criminal responsibility is the age at which you can be arrested, charged and found guilty of breaking the law. In Australia the age of criminal responsibility is 10 years old.
For children aged 10-13 years to be found guilty of breaking the law, it must be proved that they knew their behaviour was ‘seriously wrong’ at the time, not just ‘naughty’.
From 14 years, children are considered fully responsible if they break the law. It doesn’t have to be proved that they knew their behaviour was ‘seriously wrong’.
Children aged 10–17 years are generally treated as ‘children’ by the police and the children’s courts. This means they generally face legal procedures and penalties that are designed for children. For example, their names are kept secret during legal proceedings.
When young people aged 18 years and over break the law, they’re treated as adults by the court, and adult penalties apply
Restricting access to adult content
10.7 The ALRC recommends that the Classification of Media Content Act (the new Act) should provide that content providers should take reasonable steps to restrict access to adult content that is sold, screened, provided online, or otherwise distributed to the Australian public. This requirement should apply to all adult media content, both online and offline—not just films, television programs and computer games, but also websites, magazines, music, artworks, advertising, user-generated content and other media content. The Australian community may not expect formal advisory classification information for this content but, in the ALRC’s view, content providers should take reasonable steps to restrict access, so that the content may only be accessed by adults who choose to view the content.
10.8 What these reasonable steps might be for different types of content provider is discussed later in this chapter. For some, this may mean promoting the use and understanding of voluntary parental locks and PC-based filters. The ALRC does not propose that all providers of adult content be required to verify the age of people who access their content.
10.9 Under Australia’s current classification laws, certain adult content—where legal to distribute at all—must not be sold or distributed to minors. Films classified R 18+ must not be sold or hired to minors. Publications classified Category 1 Restricted and Category 2 Restricted may also only be sold to adults, and some only in adult premises such as sex shops. Even some books, such as the Bret Easton Ellis novel American Psycho, have been given a restricted classification and may only be sold in a sealed wrapper and to adults. Online content hosted in Australia that has been classified R 18+, or is likely to be classified R 18+, should only be accessible behind a restricted access system. Films classified X 18+ are illegal in most of Australia, but where they may be legally sold in the ACT and the NT, they may not be sold to minors. Online X 18+ content is prohibited under the Broadcasting Services Act 1992 (Cth) (the Broadcasting Services Act), and subject to take-down notices if hosted in Australia. The URLs of X 18+ content hosted outside Australia may be sent to providers of voluntary internet filters.
10.10 Drawing upon these existing restrictions and applying them to the internet age, the ALRC, in the Discussion Paper, proposed that the new Act provide that access to all R 18+ and X 18+ media content, online and offline, should be restricted to adults. Many stakeholders supported these proposals. Kate Gilroy from Watch on Censorship, for example, stated that distributors ‘should maintain their responsibility to ensure age appropriate restrictions’. Telstra also supported the proposal, provided the obligation would not be placed on those who are ‘mere conduits’ for the content, such as internet service providers (ISPs). As discussed in Chapter 5, the ALRC agrees that internet intermediaries should be not be required to restrict access to adult content.
10.35 The ALRC recommends that the obligation to take reasonable steps to restrict access should be placed primarily on ‘content providers’, including retailers of adult products, publishers and distributors of adult films and magazines, and online content platforms that provide adult content such as pornography. Content providers will usually be best placed to take steps such as providing warnings with their content, placing their content in plastic wrappers, and checking their customers’ age in cinemas and retail outlets. However, this obligation to restrict access should generally not apply to persons uploading content, other than on a commercial basis, to a website owned and managed by others.
The above under the title Restricting access to adult content is copied from the Australian Goverment Law Reform Commission Website which you can visit and read more about Content policies.
If you have any questions please fell free to contact us.