Dir Ron Shelley / Prod Dino - Tornado / 1999 / Germany
This 83min (v) tape was Refused Classification in November 2000.
Board Report T00/2925REASONS FOR THE DECISION:
In the Board's unanimous view this film warrants an RC, "Refused Classification", in accordance with section 1 (a) of the Films Table of the National Classification Code and the Guidelines for the Classification of Films and Videotapes as it "deals with matters of sex in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified".
In arriving at the decision the Board considered the criteria set out in the National Classification Code and the guidelines for the Classification of Films and Videotapes, Amendment No.2, April 1999. The Board took into account the matters contained in Section II of the Classification (Publications, Films and Computer games) Act 1995 (the Classification Act):
- the standards of
morality, decency and propriety generally accepted by reasonable adults;
and
- the
literary, artistic or educational merit of the film; and
- the general character of the
film; and
- the persons or class of
persons to or amongst whom it is published or is intended or likely to be
published.
In the Board's view this film has not been appropriately modified in terms of the amended X classification guidelines, effective 18 September 2000, to be accommodated within the X classification. The amended X classification guidelines state that it does not permit any depictions of fetishes such as body piercing, application of substances such as candle wax, 'golden showers', bondage, spanking or fisting.
At 52 mins a naked woman is shown to lie below a male who begins to urinate on her. Although the actual urination is pixellated the scene is set up in such a way that there is no doubt that a golden shower is occurring, that is, urination onto the woman's face and body. Other scenes of urination in this film have been sufficiently modified and not set up such as this scene in which there is no doubt as to what is occurring and can accommodated within an X classification.
***
In September 2000 the guidelines were revised and golden showers were banned as an offensive fetish. The Adult Industry tried to get around this by pixcellating the offending image. In this case the amount of pixelation was found to be to insufficient. This was also the case for another German feature called CODENAME ECSTASY.
In early 2001, AXIS applied to have this, and several other decisions reviewed. Despite the applications being outside the normal time provision, it was hoped that the Review Board would agree to the reviews.
AXIS explained the reason for the CAR WASH and CODENAME ECSTASY delay as:
These titles were refused on the grounds that the company when pixcellating scenes said to be a fetish like 'golden showers' were insufficient to obscure the intent of the participant's activities. The company categorically refutes the refusal for classification on the grounds that more than adequate compliance to the requirements of the new guidelines had been taken.
Both these titles were delayed during lengthy consultations with the internal AXIS review panel and research into other instances of similar cases, along with the aforementioned instances of receiving other titles while reviewing the appeal that needed inclusion on similar grounds.
The Classification Review Board were unconvinced, and
refused to allow a review. Their reasons were:
"The Classification Review Board is not
persuaded that it is appropriate in all the circumstances to exercise its
discretion pursuant to section 43(2)(b) of the Classifications
(Publications, Films and Computer Games) Act 1995 to extend time to
apply for review in relation to the applications made on behalf of your
company"
The AXIS Group have never submitted a revised version.
According to Helen Vnuk's book this type of self imposed censorship has since been dropped by the Industry after the consumer objected.
At the same time, another German film titled CODENAME ECSTASY was also rated RC for the same reason.
