Dir Joey Silvera / Prod All Blew Shirts / 1998 / USA / IMDb
Adultshop.com had a 135min (v) VHS rated RC in November 2000. This version had already been censored/pixelated to remove problematic scenes.
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 Board would agree to the reviews. PLEASE and DREAMQUEST MODIFIED VERSION NO1 were accepted, TRAUME VON LUST, CAR WASH, CODENAME ECSTASY and PRIVATE SUPERFUCKERS 7 were turned down.
The eventual appeal to the Review Board was unsuccessful. No revised print has ever been submitted.
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SYNOPSIS:Various unrelated couples having sex.
REASONS FOR THE DECISION:
In the Board's view this film warrants RC' classification due to
depictions of fetish activity within a film that contains actual sexual
activity.
The film depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should be classified RC.
The film contains depictions of fetish activity such as spanking within a film depicting explicit sex. The film cannot be accommodated within the X classification as fetishes are not permitted in the X category and as such the film warrants RC' classification.
At approximately 7 - 9 minutes a male is seen to spank a female's genitals several times, he then spanks her buttocks. The buttocks appear red with the spanking considered to be prolonged.
At approximately 31-32 minutes a male is seen to spank the genitals of a female several times.
The intent of sexual gratification via spanking and the prolonged nature of both instances is considered to be fetish activity such as spanking.
In summary the Board is of the view the film is appropriately classified RC' as it contains depictions of fetish activity such as spanking.
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Application for Review Outside of Time
This vignette style film also contained a spanking scene which was refused classification under the old interpretation of spanking, which in our opinion fulfils the requirements of a scene able to be accommodated under the X classification.
This film was delayed in its application for appeal during the 6 weeks AXIS was waiting for the review board to return their verdict on the original set of appeals.
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This appeal is against the decision of the Film Censorship Board to refuse to classify the above named film. The grounds for the appeal are that the decision makers:
- did not take sufficient account of the nature of the film;
- were unable to utilize board decisions pertaining to new benchmarks in the definition of spanking/smacking as a sexual practice vs. spanking as a fetish.
- failed to take full account of the wording and intent of the Classification Act and, in particular, of the Code attached to the legislation as a schedule; and
- did not reasonably apply the film classification guidelines as they relate to depictions of fetish such as spanking.
- Have insufficient evidence to substantiate their claims that a fetishistic activity occurred.
In our opinion the film is not so offensive that it falls into the Refused Classification category, and should be given an X classification. It does not offend, in our view, against the stricture that X films should not contain depictions which purposefully portray individual or groups participating in what the guidelines have loosely termed "fetishes such as... spanking"
Synopsis
Please is a Joey Silvera vehicle of vignettes featuring various unrelated couples having sex in a variety of settings and situations. It is in keeping with the genre of gonzo films that Silvera has developed over the years which are squarely aimed at a straight sex market. The vignette in question features a male and female engaged in consensual sex and foreplay in a couple of different settings. The female Jazmine is on 2 occasions smacked lightly and petted on her vagina while engaged in both foreplay and actual intercourse. Neither of these instances fall into the OFLC definitions of spanking needing a distinct power relationship or elements of sadism or punishment. The scene at 31 minutes where Jazmine has her vagina 'spanked' is a very literal interpretation of what is actually light patting/petting on her mons/clitoral area.
Factors supporting the appeal
The nature of the film
The film is a series of vignettes
of a wholly unfethishtic nature. The scene is very standard to the Joey
Silvera formula" with his male anf female cast often including
smacking/spanking of the ass as part of sex. In fact it has to be said
that this type of foreplay is a very well integrated and established part of sexual practice
universally, and it is anticipated
that these appeals may put to rest the contentious issue of spanking as
it has now been adequate1y defined to separate out this type of fore and
during play. At no time is spanking specifical1y
referred to in this vignette,
nor are there any appearances of the signifiers of a spanking or fetish
activity Those familiar with the Silvera product will recognize this
vignette as being very in keeping with the standard fare this
studio produces, aimed at a straight non-fetish market. There is no
perceivable power relationships and no punishment or humiliation
apparent. The review board determined in the last round of appeals where
the misinterpretation of guidelines and images was addressed across a
number of similar titles (see appeal decisions on Fame is a
Whore on Butt Row, Pink Hotel on Butt Row, Totally Jill) that there
are differentiations between spanking as a fetish and application of 'smacks'
as part of sex, the new definitions regarding spanking as a
'fetish' is that it needs to contain elements
of punishment and a clear power context.
The decision made against this title fell in a time when the board
has not concluded on the previous appeals, and were following their
previous undifferentiated line about spanking.
The Act and the Classification Code
The Classification (Publications, Films and Computer Games) Act 1995, Section 9, requires that films are to be classified in accordance with the Code and the classification guidelines.
Section 11 (a) and (d) of the Act requires the classifier, in making a decision, to take account of
(a) the standards of morality, decency, and propriety generally accepted by reasonable adults;
and
(d) the persons or class of persons to or amongst whom it is published or is intended or is likely to be published.
We are of the view that, in respect of S11(a) no reasonable adult would see this as offensive in relation to community standards that it should be refused classification.
In respect of S 11(d) people who view this film will be well aware of the conventions attaching to sex films, particularly their function as fantasy, and are not likely to see this as a film, and in particular the section from 3-7 minutes and at 31 minutes, as inviting them to partake in a fetishistic activity or sexual gratification resulting from the activity in isolation.
The National Classification Code (Amendment No.2) requires that:
Classification decisions are to give effect, as far as possible, to the following principles:
(a) the standards of morality, decency, and propriety generally accepted by reasonable adults;
(d) the need to take account of community concerns about:
(i) depictions that condone or incite violence, particularly sexual violence; and
(ii) the portrayal of a person in a demeaning manner.
We are of the view that an X classification for this film would give effect to these principles. (N.B. We believe that principles (b) and (c) are satisfied in this case by the restricted category into which the material is likely to fall.
The definition of a fetish in the guidelines is listed as
"Fetish- an object, an action, or a non sexual part of the body which gives sexual gratification"
This is so broad a definition as to cover nearly all activities contained within adult films. A sexual fetish can be more narrowly defined as a singularly sexually focused activity which is specifically performed to a target audience who use these visual signifiers as an integral part of their sexual enjoyment.
Fetish videos are specifically marketed and crafted to appeal and serve the user group that defines them. The scene referred to in this video does in no way constitute a fetish scene. There is a very distinct difference between buttock slapping during sex, even if it is repeated more than once and a fetish 'such as spanking'.
Application of the classification guidelines
We maintain there has been a miscarriage of interpretation in the application of parts of the new guidelines, borne from the lack of more specific definitions and existing benchmarks from which to train board members. While we appreciate the boards desire to eliminate fetishes wholistically, the refused scene in Please does not fall into this definition of a spanking fetish. Please is a title which has already been edited by AXIS to remove offensive material that contravenes the guidelines as part of our commitment and consensus with OFLC guidelines and their amendments. It is clearly in the realm of spanking as an adjunct to sex, and needs to have its classification rectified to be in keeping with the benchmarks set in the last appeal.
Conclusion
In conclusion we would reiterate that in our opinion the film Please does not offend against current community standards as it does not depict activity that purposefully portrays the activity of spanking as a fetish. The scene merely depicts a couple having sex wherein one of the parties has her buttocks playfully slapped as an adjunct to penetrative sexual activity, an is in no way a feature or focus of the scene. The film therefore fits into the X classification as specified in the guidelines.
We recommend that for future situations like this where a film has been incorrectly classified while appeal board decisions are pending, that provision is made to hold over fees and the need for the lengthy and costly appeals process, and the title can be reviewed and classified according to the benchmarks.
