BMX XXX
Prod Acclaim Entertainment / 2002 / USA / IMDb
Acclaim Entertainment had this Refused Classification on October 16th 2002.
The OFLC issued the following news release on the same day.
The Classification Board has determined that the computer game BMX XXX is "Refused Classification" (RC).
In classifying BMX XXX, the Board worked within the framework of, and applied the provisions of the Classification (Publications, Films and Computer Games) Act 1995, The National Classification Code, and the Guidelines for the Classification of Computer Games.
Under the National Classification Code, in the majority of the Board’s view, this game is considered unsuitable for a minor to see or play.
The game warrants an RC classification for nudity. In the Guidelines for the Classification of Computer Games, nudity, including genitalia is only allowable in a game if there is a ‘bona fide’ educational, medical or community health purpose.
In BMX XXX, the player can choose as a rider a nude female. The nude rider can be viewed in the options menu and can be used to play the game. In the Board’s view this constitutes nudity, and does not have a ‘bona fide’ educational, medical or community health purpose.
Under the current Guidelines, there is no R18+ classification for computer games. Those games that cannot be classified MA15+ or lower are refused classification (RC) and are not legally available in Australia.
***
The full report is as follows. Thanks to Dean L for sending this in.
Title: BMX XXX
Board
Report T02/2833
SYNOPSIS:
In
third person perspective the player navigates a character on a BMX bike
through various levels in order to unlock new bikes, characters and gain
other rewards. The player must accomplish set tasks such as collecting
aluminium cans and coins or performing bicycle tricks to progress to the
next level. The player can also choose clothing options for the rider.
REASONS
FOR THE DECISION:
In
the majority of the Board’s view this computer game warrants an RC
classification, in accordance with section 1 (d) of the Computer Games
Table of the National Classification Code, as it is “unsuitable for a
minor to see or play”.
The
computer game also warrants an RC classification in accordance with the RC
criteria in the Guidelines for the Classification of Computer Games, as it
contains “nudity, including genitalia unless there is a ‘bona fide’
educational, medical or community health purpose”.
In
arriving at the decision the Board considered the criteria set out in the
National Classification Code and the Guidelines for the Classification of
Computer Games. The Board also took into account Section 11 of the
Classification (Publications, Films and Computer games) Act 1995:
“11
The matters to be taken into account in making a decision on the
classification of a publication, a film or a computer game include:
(a)
the standards of morality, decency and propriety generally accepted by
reasonable adults; and
(b)
the literary, artistic or educational merit (if any) of the publication,
film or computer game; and
(c)
the general character of the publication, film or computer game, including
whether it is of a medical, legal or scientific character; and
(d)
the persons or class of persons to or amongst whom it is published or is
intended or likely to be published.”
CLASSIFIABLE
ELEMENTS
Nudity
The
player is able to choose various clothing options for male and female BMX
riders and can view the results in the options menu. One option is for the
female rider to be nude. The nude rider can be viewed in the options menu
or the player can use this character to play the game. In the Board’s
majority view the depictions of a nude female BMX rider constitutes
nudity;
In
the Board’s minority view, as the depictions of the nude female BMX
rider do not contain any genital detail they can be accommodated in the
MA15+ classification with appropriate consumer advice. Further, the
depictions are animated and constitute a very small element of the game.
After
completing specific tasks the player is able to enter a Nightclub and view
full motion video sequences of a female in various states of undress,
featuring partial breast and buttock nudity with little to no nipple
detail. There is one brief sequence on each of the eight levels of the
game. In the Board’s majority view, as the dancing female is wearing
underwear and covers much of her breasts while moving, these sequences do
not constitute nudity. In the Board’s minority view these full motion
video sequences constitute nudity and as there is no ’bona fide’
educational, medical or community health purpose for this nudity the
computer game warrants RC.
Sexual
References
In
the Board’s majority view the option to view full motion video sequences
of a female in various states of undress, featuring partial breast and
buttock nudity with little to no nipple detail, constitutes strong sexual
references and can be accommodated at the MA classification with
appropriate consumer advice.
In
the Board’s minority view these sequences are very strong sexual
references that exceed the requirements of the MA15+ guidelines and
warrant RC.
Coarse
Language
The
language used by characters in the game and in the soundtrack to the game
includes derivatives of "fuck" as well as infrequent use of
phrases such as "I’m surrounded by fucking idiots", "cum
on my face" and "I think I’ll cut my husband’s dick
off". In the Board’s majority opinion, the game includes use of
“frequent crude language, but not if excessive, unduly assaultative or
sexually explicit” which can be accommodated at the MA15+
classification.
In
the Board’s minority opinion, the overall language in the game exceeds
what is permissible under the MA15+ guidelines and warrants RC. In
particular the line used by the Pimp character when run into by a female
rider was noted: “I’m going to cut you bitch”, as when the rider is
nude this assaultative language gains strength in impact.
Other
matters
In
the Board’s minority opinion there is a conceptual strength in this
interactive game, requiring an adult perspective. A strong example being
the scenario where on bribing a bouncer the player gains entry to a strip
club (seemingly a reward for completing missions). The cut to live footage
heightens the impact of this game play. Similarly, the facility to choose
as a rider a nude female delivers a high impact. This impact is heightened
by the violence of the game: the potential for hitting pedestrians, and
the throwing of the rider from the bicycle.
In
the Board’s majority opinion, these conceptual elements could be
accommodated at the MA15+ classification.
CONCLUSION
In
the majority of the Board’s view this computer game warrants an RC
classification, in accordance with section 1 (d) of the Computer Games
Table of the National Classification Code, as it is “unsuitable for a
minor to see or play”.
***
The Sydney Morning Herald covered the ban on October 29th 2002 in an
article titled "Sleazy riders stop XXX-rated
BMX bandits"
Des Clarke is quoted as saying the game was sleazy rather than violent. He goes on to add:
"Government has a classification system that everyone supports, and the industry has to look at those classifications, the code, and the guidelines when they make those products,"
"There are very large retail chains in America refusing to sell it, so it's not just Australia," "The game is very offensive in many ways - game developers need to think in terms of worldwide audiences."
Greg Arthurton from Acclaim Australia is also quoted as saying:
"That's what the OFLC has classified
the game as, so we accept that,"
"We have gone down the path of mapping an appeal . . . but we
believe it may not be successful."
Despite also being quoted as saying that,
".....it may not make economic sense to rewrite BMX XXX for an Australian audience."
....the 2002-2003 OFLC Annual Report shows that is not what happened.
"The distributor of BMX XXX then submitted a revised version of the game which did not contain nudity. The Board classified this modified version MA15+ with the consumer advice, ‘Sexual references, medium level coarse language, adult themes’."
The revised version was passed on November 7th 2002.
***
Acclaim Australia: BMX XXX Interview Gamepower 08.11.04
***
The OFLC Annual Report 2002-2003 states that
"......13 complaints were received about the Board’s decision to classify BMX XXX refused classification."
The full version was available in New Zealand where it was marketed with a "BANNED IN AUSTRALIA" sticker on the box.
Bully
aka Canis Canem Edit
Prod Rockstar Games / 2006 / UK
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
Controversy had been growing about this title ever since it was announced by Rockstar Games. It was thought that following the February banning of GETTING UP: CONTENTS UNDER PRESSURE, that there would be similar problems for BULLY. As it turned out it the Classification Board didn't even award it an MA15+, only an M (‘Moderate Themes, Violence, Sexual References’). Sensing that this may have been seen as a controversial decision by those who had only read the press reports, the Board issued the following media release explaining their reasons.
Australian Government
Classification Board
28 August 2006
MEDIA RELEASE
Bully computer game classified M
The Classification Board has classified the computer game Bully M with the consumer advice, ‘Moderate themes, violence, sexual references’
Bully, has gained notoriety during its development as interest groups and the media speculated on its content.
M is an advisory classification. Computer games classified M are not recommended for persons under 15 years of age. There are no legal restrictions for the M classification.
Bully is a third person action/adventure story-based game. It follows Jimmy Hopkins, a teenager who is sent to ‘Bullworth Academy’, where he navigates his way through the high school social hierarchy. His aims include completing the school year, protecting weaker students from ‘bullies’ and exposing corrupt teachers.
The Classification Board found that the themes, violence and sexual references are moderate in playing and viewing impact in the context of a comedic game about the trials of life in a troubled educational institution. According to the player’s behaviour during gameplay, Jimmy either accumulates punishment points until he is apprehended by authority figures, or increases in the school’s social standing. Punishments include lawn mowing, snow shovelling, receiving demerit points and attending extra classes.
During the game the player is not encouraged to attack innocent bystanders or undertake acts of “bullying”, and is not rewarded for doing so. The “missions” the player undertakes are generally about thwarting acts of bullying, exploitation or discrimination.
Violence towards innocent bystanders such as school girls and smaller school children causes authority figures such as prefects, teachers and police officers to chase and apprehend the player-controlled character, Jimmy.
The Classification Board is an independent statutory body responsible for the classification of films, computer games and some publications. The Board has representatives drawn from communities across Australia.
***
On September 1st 2006, Rockstar announced that the game would be re-named to CANIS CANEM EDIT outside of the U.S. and Canada. It was under this title that the Classification Board re-rated it on September 11th 2006. It was again passed with an M (Moderate themes, Violence and Sexual References) rating.
***
Sydney's Daily Telegraph soon jumped on the bandwagon.
Bullying is no game. Daily Telegraph 20.09.06
University of Western Sydney anti-bullying expert Dr Jean Healey said yesterday the game would not help lessen a huge social problem.
"We are trying to get this age group who play computer games to understand bullying is criminal behaviour and cannot be tolerated. The message we want to get out there is that we need to protect people . . . what we don't need is to encourage bullies," she said.
Educators have been running programs aimed at providing intervention and support for bullying victims.
Education Minister Carmel Tebbutt bought into the issue yesterday, saying "violence is never the answer to bullying".
***
Violent video game raises concerns. NineMSN 20.09.06
NSW Education Minister Carmel Tebbutt will ask the federal government to review the "M" classification given to a video game called Bully. "I'll be writing to the federal attorney-general just to see whether there's further action that can be taken," Ms Tebbutt told reporters.
"I also want him to assure me that everything that needs to be taken into account has been taken into account in this classification process."
Ms Tebbutt urged parents to prevent their children from being exposed to the game.
"I'm concerned that its message for violence is undermining what we're doing in schools to counteract bullying," she said.
***
Classification
Board
Annual Report 2006-2007
Computer games: complaints
The OFLC received 57 complaints about computer games. Of the total, 32
complaints were about the absence of an R18+ classification for computer games.
One complaint was received that the computer game Canis Canem Edit (also
known as Bully) (M) should be classified RC.
***
On January 15th 2008, BULLY: SCHOLARSHIP EDITION was rated M (Moderate themes, violence and sexual references) by the Classification Board. This update of the original game was released on March 7th, and includes new missions, characters, and classes. Despite the original game having a title change to CANIS CANEM EDIT in Australia, this update went out under the BULLY title.
***
As with the original game, the SCHOLARSHIP EDITION was also subjected to complaints from the usual suspects.
Parents angry at violent school bully game. The Age 17.04.08
Parenting Australia chief executive Jane King described the game as "disturbing" and said it should never have been released.
"It's scary, it's outrageous, it's gross," she said.
"I do think the classification system needs to be reviewed. I would be very concerned if my 13-year-old son played a game like that.
"I think the message of solving violence with violence is extremely disturbing."
Ms King encouraged parents not to buy the game.
Young Media Australia president Jane Roberts said the game was a more inappropriate "mark II" of the original Bully game released two years ago.
"I'm not sure about what the developers of this game don't get," she said.
"We have had major efforts right across Australia in schools trying to get the message across that violence doesn't solve anything.
"For people who have been the victim of bullying, there is nothing entertaining about it."
Australian Education Union president Angelo Gavrielatos said teachers worldwide were vehemently opposed to the game and the union had joined a coalition of eight teacher organisations from countries such as South Korea, the United States and Britain denouncing its release.
"What we are concerned about is the continuing production and development of such games that glorify violence and bullying," he said.
"There's a point where the corporate world must take some responsibility to regulate these games. In a world where the issues of bullying and violence are a concern, the production of these games is not acceptable."
A spokeswoman for the Australian Classification Board said the game was approved because the themes were "moderate in playing and viewing and were justified by context".
"During the game the player is not encouraged to attack innocent bystanders or undertake acts of bullying and is not rewarded for doing so," the spokeswoman said.
"The missions players undertake are generally about thwarting acts of bullying, exploitation or discrimination. If the player does bully another player out of context a punishment type bar increases and when full it causes the character to be apprehended by authority figures."
Carmageddon
Prod Interplay / 1997 / UK / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
This very controversial game was passed by the OFLC with no problems.
Hilad Corporation had it rated MA15+ (High Level Animated Violence) on June 9th 1997.
In their Annual Report from 1996-1997, the OFLC explained the reasons for the decision.
Probably the most notable classification decision in the last twelve months has been the restricted MA15+ classification for the PC racing game Carmageddon. The game received quite a lot of media attention and caused some concern in the community both prior to and after its release on CD-ROM. Before being formally classified, a 'demo' version of the game had been (and apparently still is) available via the Internet to players of any age.
In Carmageddon the player races an animated car around a track, and can gain bonus points by passing checkpoints and by driving over obstacles. Bonus points are also awarded for driving over pedestrians, and it is this aspect of the game that gained people's attention. Media reports concentrated on the presence in the game of 'blind pedestrians'. This was presented erroneously as the targeting of a minority disabled group. In fact, the game contains an effect (which occurs when a particular object is run over by the car) which temporarily renders all pedestrians on screen blinded. The effect lasts for a number of seconds.
The Classification Board was divided in its opinion on the game. However, the majority were of the view that, despite the strong conceptual impact of aspects of the game, the depictions involved were unrealistic and undetailed, and the main focus in game-play was on competition and skill. These and other mitigating factors present in the game, such as an element of black humour, were noted in its decision. The majority the Board was also of the view that the game was not appropriate for younger players and should be legally restricted to a mature audience 15years and over.
Further analysis can be found here.
Carmageddon 2: Carpocalypse Now
Prod Interplay / 1998 / UK
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
The sequel to the controversial CARMAGEDDON was also passed with no problems by the OFLC. Ozisoft had it rated MA15+ (High Level Animated Violence) on October 23rd 1998.
The OFLC Annual Report from 1997-1998, explained the reasons behind the decision.
Carmageddon II - Carpocalypse Now is an animated car racing game. It is a sequel to Carmageddon, which was released in Australia in 1997 with an 'MA15+' classification. As with the original game, the object is to increase your driver ranking and proceed through a number of racing formats and levels. The player, as a driver of one of a number of cars, races around or near to a predetermined race track, passes checkpoints, and aims to beat other competitors or complete the race within a limited time. As the player progresses around the race track bonus points are awarded for gameplay, including hitting competitors' cars or other targets such as 'barrels' (special effect triggers) and 'pedestrians' including people, animals and mutants.
The Board noted that while some people may view with concern the conceptual impact of visual depictions in the game, such depictions are animated, very unrealistic and highly stylised. The Board was of the view that the impact of such elements is mitigated by the intensity of the competitive skill-based gameplay and the need to master the game controls.
The Board recognised that the game contains strong concepts supported by gory but unrealistic animated visuals which may be of concern to some people and which are not suitable for younger children. Accordingly, the Board legally restricted the game to a mature audience 15 years and over, with consumer advice of 'High Level Animated Violence'.
Casino Royale
aka Virtual Casino
Prod Gentleman Club
Submitted by the NSW Police, it was rated RC on 21st April 1997.
Digital Dancing: The Erotic Challenge
Prod New Machine Publishing / 1993 / USA
Submitted by the Victorian Police, it was rated RC on May 1st 1997.
It is described as:
"Four beautiful, sexy dancers in an experience you'll never forget! DIGITAL DANCING: the erotic challenge pits human against machine. If you win the dancer takes off everything...Feeling lucky? Real live video with big, GIG QuickTime movies"
Dracula Unleashed
Prod Viacom International / 1993 / USA / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
This was passed by the OFLC with no problems. Sega Ozisoft had it rated MA15+ (Realistic Horror) on 28th April 1994.
The OFLC explain their reasoning in this extract from the 1993-1994 Annual Report.
Another game, Dracula Unleashed, is a more sophisticated problem solving CD-Rom game. It was classified 'MA(15+)', a classification that is restricted to 15 year olds and over, with a consumer advice of 'realistic horror'. It contains video footage showing body puncture marks in the victim's neck, an off screen implied stake into a vampire's body and a 'mannequinesque' severed head. In the context of a 'vampire' game the depictions were considered mild and unrealistic. However, within the guidelines, and in recognition of community concern, the Board believed the visual strength and impact of this full motion video were best suited to the legal restriction of the 'MA'. Further, the Board believed the full motion video depiction in this game changed the intensity from the low impact associated with the animated violence to a higher one, flagged by the consumer advice of 'realistic horror'.
Dream Web
Prod Empire Interactive / 1994 / UK
Playcorp Pty Ltd had this game Refused Classification on 30th November 1994. The problem scene was later removed and the game was passed with an M15+.
The OFLC explained the reasons for the ban in their 1994-1995 Year in Review.
Dream Web is an overhead perspective adventure/shoot-em-up game. One scene depicts male and female animated characters performing simulated sexual intercourse on a bed. A character controlled by the player enters the room and implicitly shoots the male with resulting animated blood splash from the male's head. The Board believed this combination of elements produced a scene of sexualized violence which warranted Refusal under the Computer Games Guidelines.
More information on DREAM WEB'S Australian Censorship History can be found at Anthony Larme's Banned Games Page and Games Censorship Collection site.