Why rape and incest games are illegal in Australia

And why we're holding payment processors accountable for their own terms of service

Collective Shout has successfully campaigned to have rape, sexual torture and incest games removed from gaming platforms Steam and Itch .io. Developers must submit all video games for classification before they can be advertised or sold in Australia. 

The Australian Federal Government has released Guidelines for the Classification of Computer Games. The Guidelines use the following hierarchy of impact:

  • Very mild - G
  • Mild - PG
  • Moderate - M
  • Strong - MA 15+
  • High - R 18+
  • Very high -
  • RC

Computer games that exceed the R 18+ classification category will be Refused Classification. These games cannot be advertised or sold in Australia.

Computer games will be refused classification if they include or contain any of the following:

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.

No Mercy was pulled in Australia by the Classification Board because it had not been classified. In their letter to Collective Shout the Classification Board said:

"Under the Classification (Publications, Films and Computer Games) Act 1995, computer games must be classified by the Classification Board, an approved classification tool, or an Accredited Classifier before they can be legally made available to the Australian public (unless exempt from classification). Unclassified games cannot be sold, hired, advertised or distributed in Australia. The computer game, No Mercy is unclassified and has now been removed from sale from the Steam platform in Australia."

Any game sold on Steam or Itch .io that has not been classified cannot be advertised or sold in Australia. 

Mastercard Policies

Mastercard have a policy on illegal and brand damaging transactions (5.12.7). On page 122 of their Mastercard Rules it states:

The sale of a product or service, including an image, which is patently offensive and lacks serious artistic value (such as, by way of example and not limitation, images of nonconsensual sexual behavior, sexual exploitation of a minor, nonconsensual mutilation of a person or body part, and bestiality), or any other material that the Corporation deems unacceptable to sell in connection with a Mark.

Visa Policies

Similarly Visa has a policy on Integrity Risk and Use of the Visa-Owned Marks (1.3.3.4). On page 80 of their Visa Core Rules and Visa Product and Service Rules it states:

A Member must not use the Visa-Owned Marks: 

  • In any manner that may bring the Visa-Owned Marks or Visa Inc. or its affiliates into disrepute
  • In relation to, or for the purchase or trade of, photographs, video imagery, computer-generated images, cartoons, simulation, or any other media or activities including, but not limited to, any of the following:
    • Child sexual abuse materials
    • Incest
    • Bestiality
    • Rape (or any other non-consensual sexual behavior)
    • Non-consensual mutilation of a person or body part

PayPal Policies

PayPal has a policy on transactions that involve sexually oriented goods and services. On their website it states:

We permit U.S.-only transactions for certain sexually oriented physical goods that are physically delivered to the customer. Videos, DVDs, and magazines are examples of physical goods. We don't allow transactions for such goods outside the U.S.

We don't permit PayPal account holders to buy or sell:

    • Sexually oriented digital goods or content delivered through a digital medium. Examples of digital goods include downloadable pictures or videos and website subscriptions.
    • Sexually oriented goods or services that involve, or appear to involve, minors.
    • Services whose purpose is to facilitate meetings for sexually oriented activities.

In addition to these pre existing T&C’s, additions to terms of service were added to Steam and Itch io platforms.

Steam Policies

Steam: Content that may violate the rules and standards set forth by Steam’s payment processors and related card networks and banks, or internet network providers. In particular, certain kinds of adult only content.

Itch .io Policies

Itch .io: We don’t allow hosting content that includes sexualized images or videos of real-life humans. Fictional, illustrated, and rendered content is generally fine, assuming it’s legal. AI-generated imagery that is designed to resemble photographic content of real people is not allowed. Content glorifying sexual violence is not permitted. Depictions of minors, minor-presenting, or suggested minors in a sexual context are not allowed and will result in account suspension.

These additions essentially reasserted what had previously existed.

We have campaigned to hold corporates accountable for 15 years. This campaign calling on payment processors to cease profiting from the sale of rape and incest games was merely holding them accountable for their own terms of service. 


See also:

Open letter to payment processors profiting from rape, incest + child abuse games on Steam

Setting the record straight: Timeline of our campaign to take down rape, sexual torture + incest games

Child protection experts backing our campaign speak out on games normalising sexual abuse

“You deserve rape”: We won’t be silenced by gamers’ threats and abuse

 


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  • Collective Shout
    published this page in News 2 months ago

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