| Last Temptation of Christ, TheDir Martin Scorsese / 1988 / USA This is good example of how censorship worked before there was a National Classification code. Rated R18+ by the censors, it was dropped to M (this was before the MA15+) on appeal by the distributors. Western Australia and the Northern Territory refused to accept the lower classification so the R18+ was retained there. Queensland simply banned it. In all other States and Territories it was released with the M rating. Now that the National Classification code has been accepted it is available
all over Australia as an M rated DVD from Universal. Information from the OFLC Annual report is reproduced below. It
provides a more detailed history of this titles history in Australia. Before
examining the film the Board invited the Australian Council of Churches to
nominate three representatives, and Cardinal Clancy, Archbishop of Sydney,
to nominate one representative to view it and offer comments. The,
representatives comprised the Right Rev. Dr. M M Thomas, Warden The
full seven-member Board viewed the film on 14 September 1988 and reported
as under: This
film, based on the novel by Nikos Kazantzakis, while not claiming to be an
accurate representation of the latter part of Jesus' life, is nevertheless
a thoughtful, serious and reverent exploration of Christ's humanity. This
exploration, by means of an episodic depiction of events leading to the
Crucifixion, was in the Board's opinion of sincere intent and contains
positive messages affirming the story of Jesus. After
careful consideration of the provisions of Regulation 13(1) of the Customs
(Cinematograph Films) Regulations, with particular reference to the
question of blasphemy, the Board was unanimous in its opinion that the While
acknowledging that even the most reverent questioning of accepted tenets
of Christianity might well prove offensive to some Christians, the Board
was of the opinion that this did not in in itself constitute blasphemy,
particularly in a pluralistic society which upholds freedom of expression,
and which encompasses widely differing forms of Christian belief. The
Board, in arriving at this decision, took cognizance of legal advice
concerning the question of blasphemy, and made reference to the written
submissions of church representatives who had been invited to attend a
screening of the film, and to the many letters and petitions sent in by
concerned members of the public. In
considering the appropriate classification for the film, the majority of
the Board was of the opinion that, whilst individual visuals of implied
sexual activity and violence did not exceed the bounds of a Mature
classification, their cumulative impact, when associated It
was also noted that, while the film upheld the basic tenets of the Church,
some depictions could probably be The
minority of the Board agreed that sexual activity was sufficiently
obscured or discreetly simulated, and violence, while impactful, mostly
obscured and sufficiently justified to be accommodated within a Mature
classification. It further considered that none of these elements, nor the
conceptual ones referred to by the majority, were likely to be harmful or
offensive to reasonable and mature audiences over the age of 15 years. The
minority of the Board thus considered a Mature classification appropriate.
Following
promulgation of this decision, the Rev. Fr John O'Neill applied to the
Federal Court of Australia for an Order of Review under the Administrative
Decisions (Judicial Review) Act to have the decision set aside on the
grounds, among other things, that the film was blasphemous and that the
Board had therefore acted improperly, having regard to the Customs When
the matter came before Mr Justice Wilcox on 23 September 1988, counsel for
Fr O'Neill announced to the Court that following a viewing of the film,
the action was being withdrawn. Dismissing the application, His Honour
said that the The
film's distributors, United International Pictures, meantime applied to
the Films Board of Review for review of the decision of the Film
Censorship Board to classify the film 'For Restricted Exhibition'. The
Review Board considered the application on 10 October 1988 and, by
majority, decided to direct the Film Censorship Board to classify the film
'For Mature Audiences'. The full text of this decision may be found on
page 67. Western
Australia and the Northern Territory declined to accept the 'M'
classification awarded the film by the Films Board of Review and,
consequently, the film would retain its original 'R' classification in
those jurisdictions. Independently of these developments, the Queensland
Films Board of Review declared the film to be "objectionable" on
the ground of blasphemy and prohibited its distribution in Queensland. The
Last Temptation of Christ was accordingly classified 'M' in New South
Wales, Victoria, South Australia, Tasmania, the Australian Capital
Territory; 'R' in Western Australia and the Northern Territory; and
prohibited in Queensland. This
situation highlights the fragility of the complex network of Commonwealth
- State/Territory censorship agreements which generally operates to ensure
that decisions of the Film Censorship Board and/or the Films Board of
Review apply Complaints
OFLC and Films Board of Review - Report on Activities 1988-89 *** Applicant:
United International Pictures Pty Ltd A
majority of the Board of Review considered the film to be a reverent,
sincere and frequently moving account of aspects of the life and
crucifixion of Jesus, providing original and. meaningful insights into the
Christian faith. In no sense was the film blasphemous or flagrantly and
deliberately offensive to f Christian audiences. The film contains
realistic and graphic depictions of Jesus' crucifixion and his
scourging and suffering at
the hands of his tormentors. It was considered by the majority, however,
that these depictions were acceptable in A
minority of the Board felt that, while the film as a whole was: reverent
and sincere in its treatment of its subject matter, its depiction of
violence was sufficiently graphic and protracted to warrant an 'R'
classification, especially when considered in association
with the person of Jesus. The view was also expressed that many members of
the community might be concerned if the film was freely available to
children. Accordingly,
by majority, the Board of Review determined that an 'M' rating was
appropriate for The Last Temptation of Christ *** In
his 2004 review of THE PASSION OF THE CHRIST, Fred Nile had this to say
about the film.
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