SHADOW THEATRE
Dir David Ross / 2004 / Australia
This 11min short film was produced by Sexpo for screenings at their 2004 Melbourne show. It was rated X18+ on July 29th 2004. They were obviously aiming for an R18+ rating as the an application has been made to have the rating reviewed.
The following was released by the OFLC on August 31st 2004.
Review announced for the film Shadow Theatre
The Classification Review Board has received an application to review the Classification Board’s decision for the film, Shadow Theatre.
Shadow Theatre is an 11 minute film produced for public exhibition at Melbourne Sexpo. It was classified X18+ by the Classification Board on 29 July 2004.
The Classification Review Board will meet on Monday 20 September 2004 to consider the application.
The Classification Review Board’s decision and reasons for its decision will appear on the OFLC website when a review has been finalised.
The Classification Review Board is an independent merits review body. It meets in camera to make a fresh classification decision when applications to review classification matters previously determined by the Classification Board are made.
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The Review Board met on September 20th, the following was issued on the same day.
NEWS
RELEASE
Shadow Theatre found
to be R18+ upon review
A four-member panel of the Classification Review Board met today and unanimously determined the classification of the 11 minute short film entitled Shadow Theatre to be R18+.
The consumer advice is to be “Depicts sexual activity”. R18+ is a restricted classification. Material classified in this category is legally restricted to adults aged 18 years and over. Some material classified R18+ may be offensive to sections of the adult community.
The Classification Review Board convened today in response to an application from the distributor to review the X18+ classification of the short film, which was produced for Melbourne Sexpo.
In reviewing the classification, the Classification Review Board worked within the framework of the National Classification Scheme, applying the provisions of the
The Classification Review Board is an independent merits review body. It meets in camera to make a fresh classification decision when applications to review classification matters previously determined by the Classification Board are made.
The Classification Review Board’s reasons for this decision will appear on the OFLC website when finalised.
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The full Review Board report is as follows.
20 September 2004
23-33 MARY STREET
SURRY HILLS, NSW
MEMBERS:
Ms Maureen Shelley (Convenor)
The Hon Trevor Griffin (Deputy Convenor)
Ms Dawn Grassick
Mr Robert Shilkin
APPLICANT:
Mr David Ross (Ross)
Represented by Mr David Haines, Consultant; and Ms Fiona Patten,
Consultant
BUSINESS:
To review the Classification Board’s decision to classify the film
Shadow Theatre (the film) X18+ with the consumer advice ‘Contains
sexually explicit material’.
DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) classified the film R18+ with the consumer advice ‘Depicts sexual activity’.
2. Legislative provisions
The Classification (Publications, Film and Computer Games) Act 1995 (the Act) governs the classification of films and the review of classification decisions. Section 9 of the Act provides that films are to be classified in accordance with the National Classification Code (the Code) and the classification guidelines.
Relevantly, the Code in paragraph 3 of the Table under the heading ‘Films’ provides that films (except RC films, X films) that are unsuitable for a minor to see, are to be classified ‘R’. The Code also states various principles for classifications, including that ‘adults should be able to read, hear and see what they want’ and that ‘minors should be protected from material likely to harm or disturb them’.
Further, the Code provides that Films (except RC films) that are unsuitable for a minor to see and contain real depictions of actual sexual activity between consenting adults in which there is no violence, sexual violence, sexualised violence, coercion, sexually assaultative language, or fetishes or depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers, in a way that is likely to cause offence to a reasonable adult, are to be classified X.
Section 11 of the Act requires that the matters to be taken into account in making a decision on the classification of a film include the:
(a) standards of morality, decency and propriety generally accepted by reasonable adults; and
(b) literary, artistic or educational merit (if any) of the film; and
(c) general character of the film, including whether it is of a medical, legal or scientific character; and
(d) persons or class of persons to or amongst whom it is published or is intended or likely to be published.
Three essential principles underlie the use of the 2003
• The importance of context
• Assessing impact
• Six classifiable elements – themes, violence, sex, language, drug use and nudity.
3. Procedure
Having earlier received a valid written application for review, four members of the Review Board viewed the film Shadow Theatre at the Review Board’s meeting on 20 September 2004.
The Review Board then received oral submissions from Mr David Haines and Ms Fiona Patten representing the Applicant, which was confirmed in a written submission.
The Review Board then met in camera to consider the matter.
4. Evidence and other material taken into account
In reaching its decision the Review Board had regard to the following:
(i) Ross’ application for review;
(ii) The oral submissions of Ross’ representatives;
(iii) the relevant provisions in the Act;
(iv) the relevant provisions in the Code, as amended in accordance with s.6 of the Act; and
(v) the Guidelines.
5 Synopsis
The film, which is of 11 minutes duration, depicts a man and woman engaged in implicit sexual activity, filmed through a screen. The couple engage in sexual acts whilst the woman is cradled in a swing. At times she has her feet inserted into stirrups. At other times, she is seated in the swing with her feet on the floor. On one occasion the woman is kneeling on the floor with the man behind her engaged implicitly in rear-entry sexual intercourse. Throughout the film the couple implicitly engage in fellatio, cunnilingus and frontal and rear-entry sexual intercourse.
6 Findings on material questions of fact
The film shows a couple implicitly engaged in sexual activity. It has no accompanying sound track, there is no music and no dialogue, and there are no sound effects.
The film is a “blue” film in that it is shown in the colour blue – no other colours are shown, nor are black and white used.
The actors are shown in silhouette and a strong light is cast from behind them. The effect of the light is that the bodies of the actors appear distorted and slightly ethereal and distorting the images of small parts of the body such as fingers and the male actor’s penis. They appear to have blurred outlines.
The techniques used in the film (the colour blue, the strong back light and the absence of sound) diminish the impact of the film.
The Review Board found that the film, while depicting sexual activity, did not provide filmic evidence such that a determination could be made that the movie showed actual sex. All of the activity in the film could have been realistically simulated sexual activity. As the film’s sole theme was sexual activity, there were no other classifiable elements depicted.
7 Reasons for the decision
The Review Board based its decision to classify the film Shadow Theatre R with the consumer advice “depicts sexual activity” on the content of the film as set out in five and six above.
8 Summary
As the film depicts realistic sexual activity, the Review Board determined that it was unsuitable for a minor to see. Also as a determination could not be made that the sexual activity depicted was actual sex, the film did not warrant an X classification.
