Germany
This 88min (v) tape was Refused Classification in November 2000.
Board Report T00/3264REASONS FOR THE DECISION:
When making this classification decision the Classification Board (the Board) followed the procedure set out in the Classification (Publications, Films and Computer Games) Act 1995 (the Act). The Board also applied the National Classification Code and the Classification Guidelines, while taking into account the matters set out in Section 11 of the Act.
The National Classification Code states that the X category for films contains explicit depictions of sexual activity between consenting adults. However in accordance with the National Classification Guidelines no depiction of fetishes such as 'golden showers' is allowed.
In the Board's majority opinion this film warrants RC (Refused Classification) in accordance with Part I of the Film Table of the National Classification Code, as it contains a depiction of 'golden showers' which although pixelated is not sufficiently obscured to be accommodated within the X classification.
At approximately 69 minutes a man is seen to be standing near two women who are kneeling on the floor with their mouths open. The man is seen to commence urinating, the woman's face and upper body is then pixelated. In one frame the depiction includes; the man urinating; the woman's hair seen above the pixelation; and the woman's upper arm touching the man's thigh. At another point fluid is seen on one of the woman's lower abdomen, the camera then scans up her body as the image is pixelated. the man then comes into view and is seen to be urinating. In the Board's majority opinion this act can only represent the fetish 'golden showers' as it is obvious that the urine must be going onto the woman's body and the pixelation is not sufficient to create the doubt that the depiction of the fetish may have been simulated.
In the minority Board opinion this depiction is sufficiently pixelated to allow the possibility that the urine is not going onto the woman's body and that the fluid on the woman's body may not be urine.
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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 CAR WASH.
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.
