Duke Nukem 3D
Prod 3D Realms / 1996 / USA / IMDb
This title has an interesting history with the OFLC. It was originally rated in a modified version before the full game was eventually passed.
Mannacom a Shareware version rated MA15+ (High Level Animated Violence) on February 9th 1996. A second modified version was passed with the same rating on May 28th 1996.
The Boards report is as follows:
In the Board's opinion Duke Nukem 3D warrants an MA15+ for Medium Level Animated Violence. Duke Nukem 3D is set in futuristic towns & space stations, the lighting is bright and footsteps and creature 'roars and groans' echo through the hallways and down the streets.
In the Australian release of Duke 3D the suppliers have opted to remove the images of females in cocoons, female waitresses and dancers. These are present in the US release of the game and in the Shareware version previously classified by the Board (File No C96/51).
The optional background music is fast paced and action orientated and the gaming environment is well lit. This setting produces a lighter tone which compliments the futuristic environment and reduces the games overall impact.
When the player defeats a fantasy enemy combatant, it falls to the ground with a groan followed by a small pixelated red splash that is a unrealistic representation of blood. As with most 1st person perspective shoot-em up's Duke Nukem 3D suffers from increased pixelation as the alien creature draws near. The Board is of the opinion this diminishes the impact of the game considerably.
Although Duke Nukem 3D has a significant adventure /strategy component which is strongly developed by Duke's monologue in the game, Duke Nukem 3D essentially involves shooting the onslaught of fantasy creatures.
Cumulative elements in the Board's opinion are a well lit, futuristic environment, the larger size of fantasy characters & frequent appearances of enemy creatures. These combined with sound effects of explosions and roars produce depictions of stylised violence of medium intensity can be accommodated in the lower end of the MA15+ category, as being suited to those aged 15 years or older.
This decision is based on the understanding that should the game be found to contain contentious material (whether available through code or otherwise) that was not brought to the attention of the Board before classification was made, the game is taken never to have been classified.
Hacks began to appear on the internet that enabled the full version to be played, instead of the modified one that had been classified. This came to the attention of the OFLC who attempted, but failed to revoke the games classification. 18,000 copies had been released to the market by the time this took place.
The following two notices were sent from Mannacom to resellers of the game and explain what happened.
August 1996
Re Duke Nukem 3D
We have received a letter from the Office of Film and Literature
Classification stating that "It has been brought to our attention
that the above game contains classifiable elements that were not identified
in your application for classification." This of course is a
reference to the fact that we permanently locked the game with adult mode
off,
but hacks have appeared on the internet.
We dispute the fact that we did not identify "classifiable elements" as the OFLC were aware at all times that the complete game was on the CD and that we had locked it using a permanent lock out of adult mode. We submitted it for classification in the form in which we intended to distribute it, in accordance with their request.
The MA15+ classification has nevertheless been revoked, despite our protestations, and we have now submitted Duke for reclassification in the unlocked mode. With some luck the emotions have subsided a little, as it is now three months since Port Arthur, and the complete version will be classified MA15+. We believe that the problem with Duke is the fact that women are bound and can be shot. We have pointed out that these figures are only two dimensional, pixelate if viewed close up, and that shooting them is part of the game as the spawned aliens make game play more difficult.
In the meantime the complete version of the game should not be sold. If you choose to sell copies of Duke that you have in stock you may be committing an offence as the game is deemed to be no longer classified. We do not believe that this situation applies to the shareware version in any way - it remains rated MA15+.
Please hold any stock you may have until the reclassification process has been completed - that is likely to be a week or so. To the best of our knowledge this situation has not arisen previously with computer software but we intend to implement our normal sale or exchange should it be necessary to recall the stock.
Once again, please hold your stock until the situation is clarified. We will contact you again as soon as we know more.
I should also mention that we have had our solicitor write to the OFLC and inquire as to what action they intend to take on direct mail imports, unclassified imported copies, pirate copies (sold in shops, at flea markets and available on the internet) and the fact that the hack is on the internet. There has been no response from the OFLC! We hope that they do at least take some notice of the issues and when it comes to review the situation in six months or so, they at least are aware of the situation in the real world.
We are giving a thought to starting a petition to be available for signature at our reseller's stores urging legislators to introduce an "R" classification for computer games. it seems that the legislators think only kids play games! We'll reserve our decision until we see if the full version of Duke gets through the classification process this time.
Thanks for your support in the past and your
understanding at this time. Remember, please hold on to any stock on hand
until we are able to advise the final outcome.
30th August 1996
Re Duke Nukem 3D
We have today received a letter from the Australian Government solicitor,
on behalf of the Office of Film and Literature Classification, stating
that they have reviewed the situation and now agree that "the
existence of the contentious material....was in fact brought to the
Classification Board's attention before the classification of the game was
made."
This means that the OFLC does not have the power to revoke the classification which was given to the modified version of Duke Nukem 3D.
The classification of the parental locked version has now been confirmed MA15+ and in short this means that the modified version can be sold again.
The US version of the game has not been classified and sale of imported copies of this version are against the law.
Out of stock?
Shipments will re-commence immediately - get in early so that you are one
of the first to have stock available again. You can either contact your
rep or simply fax us your requirements .
We have had an encouraging response to our idea of a petition to prove that not all game players are kids. We will proceed with this shortly.
Thanks for your patience - now it's full speed ahead again.
Mannacom did eventually receive an MA15+ for the "USA Version" on 29th April 1997. The consumer advice was changed to "High Level Animated Violence, Sexual References". The "USA Version" is in fact the full unmodified game.
Anthony Larme's discussion of the game tells you everything you need to know about its Australian Censorship History. An alternative discussion can be found at his Games Censorship Collection site.
