************************************************************************
ARIA
CODE OF PRACTICE FOR
LABELLING PRODUCT WITH EXPLICIT AND POTENTIALLY
OFFENSIVE LYRICS
SEPTEMBER 1996
INTRODUCTION
------------
The Australian Record Industry Association Ltd (ARIA) represents the broad
interests of all record companies. It has over 80 members ranging from
small companies typically run by 1-5 people, through medium to very large
companies which employ thousands of people. ARIA has developed the
following Code of Practice in response to concerns in the community and
political circles that there should be a consistent industry approach to the
issue of strong and explicit song lyrics. These can range from the odd
expletive to the explicit street dialogue genre in some "rap" recordings.
The Code embraces the following issues:
- the underlying principles;
- standardised labelling requirements;
- a complaints procedure;
- reporting and review mechanisms;
- public education and liason with retailers;
- operation guidelines
UNDERLYING PRINCIPLES
---------------------
The principles underlying the Code are in some aspects similar to those
underlying the OFLC Guidelines, but aim to balance the interests of
consumers, artists and record companies:
1. Adults in a democratic society shoud be free to listen to what they
wish.
2. Creative artists should be free to express themselves without fear of
intervention.
3. Audiences should be supplied with enough information so that they can
choose to avoid exposure to material which may offend them.
4. Record companies operate under a commercial imperative to release sound
recordings.
CODE OF PRACTICE
----------------
The following Code of Practice seeks to give effect to these principles.
1. Record companies must label all CDs and tapes containing explicit
lyrics.
2. CDs and cassette tapes containing problematic lyrics will be classed
into two different categories, one for recordings containing explicit
language, and a higher category not recommended for persons under the
age of 18 containing stronger lyrics which may cause offence to some
sections of the adult community.
3. The labels should be of a standard design conforming to the following
specifications:
- a rectangualr shape with dimensions of 3.5 cm x 2 cm.
- a black border with white background and bold black print
- in the case of 18+ material: a red border with white background and
red print.
4. Wording on the label must read:
i) "WARNING: this album contains explicit language."
OR
ii) "WARNING 18+: this album contains explicit language and is not
recommended for persons under the age of eighteen."
5. Labels must be placed on the front of the jewel box holding the CD or
tape, so that they are clearly visible.
6. In the case of locally printed stickers, the label can be worked into
the artwork on the slick.
7. In the case of imported titles with slicks already printed, the label
must be placed on the jewel box of the cassette or CD. In order to
maintain a consistent system and achieve high consumer recognition, this
should be attached irrespective of whether there is already an overseas
warning printed on the slick.
8. Record companies unsure of the category into which a product falls can
forward it to the ARIA Labelling Sub-Committee for determination. If the
Sub-Committee decides that an album must be labelled, it will direct the
record company to attach the appropriate sticker. If the Sub-Committe
decides that an album must be labelled, it will direct the record company
to attach the appropriate sticker. If the Sub-Committee decides that an
album exceeds the 18+ parameters, it will direct the record company not to
release the album.
9. If a retailer has stock not obtained through a wholesaler which is
required under the Code to carry a label, the appropriate label must be
placed on the product. If the product exceeds the upper limits of 18+ it
is not to be sold. If a retailer is unsure of the category into which
the product falls, they must forward it to the ARIA Sub-Committee for
determination. If the Sub-Committe decides that the album does exceed 18+
it must not be sold.
10. If the ARIA Sub-Committee fails to reach a majority agreement, then an
independent expert will be called upon to give a determining opinion.
11. Compliance with the above labelling requirements is a condition of ARIA
membership and will form part of the ARIA 'Code of Conduct'.
GUIDELINES
----------
1. Albums containing explicit language, whether used as expletives or
otherwise, in the lyrics or spoken dialogue must carry a label containing
the following message:
"WARNING: This album contains explicit language."
2. Albums containing more impactful explicit and/or assaultive language or
dealing with issues wich may offend some sections of the adult community
must carry a label containing the following message:
"WARNING: 18+: This album contains explicit language and is not
recommended for persons under the age of eighteen."
The type of product which falls into this category containst lyrics which
combine large quantities of explicit language with detailed descriptions of
violence or acts of extreme aggression, which are, however, justified by
the artistic merit of the recording bearing in mind the wide range of
musical genres available.
3. Material which exceeds the upper parameters of 18+
--------------------------------------------------
Albums which contain lyrics which explicitly and gratuitously deal with and
promote, incite or instruct in matters of hard drug abuse, criminal
violence, sexual violence, bestiality, incest, child abuse, and being
abhorrent activity shall be refused classification as 18+ and are not
permitted to be sold.
The matters to be taken into account when making a classification decision
are as follows:
a) the standards of morality, decency and propriety generally accepted by
reasonable adults;
b) the literary, artistic or educational merit (if any) of the work;
c) the general character of the work, including whether it is of medical,
legal or scientific character;
d) the person or class of persons to or amongst whom it is published or is
intended or likely to be published.
COMPLAINTS
----------
This scheme will have the following complaints mechanism:-
1. Members of the public will be able to ring a complaints line number at
ARIA to report any unlabelled product which they believe should carry a
warning.
2. The complaints line number will be displayed on point-of-sale material
at all retail outlets selling records.
3. Once a complaint has been received all the relevant details will be
entered onto a database for eeasy access and monitoring and the
complainant will be informed of the complaints mechanism and procedure
to be followed.
4. An investigator from the Music Industry Piracy Investigations unit
(MIPI) will look into the complaint and make a recommendation to the
ARIA Labelling Sub-Committee. On the basis of this recommendation, the
Sub-Committee will direct the record company to label the product if
considered appropriate.
5. If the Sub-Committee fails to reach a majority agreeement, an
independent consultant will be called in to give a determining opinion.
6. The complainant will be notified of the outcome of the complaint.
7. If the record company fails to label future copies of the CD or
cassette, or fails to withdraw from sale material which the
Sub-Committee believes exceeds the upper parameters of 18+, then ARIA
will give notice to the member company of an intention to report the
lack of action to authorities, such as the Police, within a specified time.
If the member company still fails to act, a report will be made for further
action.
8. If a company unreasonably fails to co-operate with the scheme, then that
company's behaviour may be deemed under ARIA membership rules to be
repugnant and the ARIA Board will be entitled to expell such member.
REPORTING AND REVIEW MECHANISMS
-------------------------------
1. An Annual Report is to be compiled by ARIA on the general operation of
the scheme, including the Code of Practice, details of the quantity of CDs
and cassettes labelled, the number of complaints, and their outcome.
This will be widely distributed, particularly to the Office of Film and
Literature Classification (OFLC), retailers and record companies and
made available to the public.
2. ARIA will conduct a regular review process of the scheme as an on-going
function to ensure it is meeting its objectives.
PUBLIC EDUCATION AND LIAISON WITH RETAILERS
-------------------------------------------
1. Point of sale material detailing the new standardised labelling scheme
and the complaints line number will be supplied by ARIA to retailers for
the purpose of public education, with regular updates.
2. Retailers will be requested to display the point of sale material so
that it is clearly visible to consumers.
3. In order to ensure maximum co-operation for the scheme at the retail
level, information detailing the scheme will be distributed to retailers
on a regular basis so that they are fully informed of the new arrangements
and equipped to handle the sale of labelled product with discretion.
GUIDLINES FOR RETAILERS HANDLING COMPACT DISCS AND TAPES WITH EXPLICIT
----------------------------------------------------------------------
LYRICS
------
In response to community and political concern about the availability of
compact discs and cassette tapes containing explicit lyrics, the Australian
Record Industry Association has developed an industry Code of Practice which
addresses issues of the labelling and handling of such product. Key
features of this Code which directly impact on the retail condition of sale
of CDs and tapes are:
1. CDs and tapes containing explicit lyrics are classed into two
catagories:
o Recordings containing explicit lyrics which carry a label of 3.5 cms
x 2cms featuring a black border with white background and bold black
print, reading:
"WARNING 18+: this album contains explicit language."
o Recording containing stronger explicit lyrics which may cause
offence to some sections of the adult community, carrying a label of
the same dimensions with a red border, white background and red print,
reading:
"WARNING 18+: this album contains explicit language and is not
recommended for persons under the age of eighteen."
2. Any labelled product shall not be played in store.
3. Retailers must not sell recording which contain material stronger than
18+.
4. Members of the public can ring a complaints line number at ARIA to
report any unlabelled product which they believe should carry a warning.
This number must be displayed on point sale material at all retail outlets
selling audio product.
Music Censorship << Internet Censorship in Australia << Danny Yee