Adult Film Censorship: F
Face Fucking Inc.
Directed by Joey Silvera / 2006 / USA / IMDb
Date: May 2007
Rating: RC
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Date: June 2007
Rating: X18+ (Explicit sex)
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Comment: Censored by unknown time
Fallen Angel
aka Fallen Angel 1
Directed by Bruce Cam / 1997 / USA / IMDb
Date: April 2006
Rating: RC
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Fame is a Whore on Butt Row
Directed by Joey Silvera / 1996 / USA / IMDb
Date: October 2000
Rating: RC
Time: 125m
Format: VHS
Applicant: The AXIS Group
Comment: This is one of several adult titles that were banned by the new
September 2000 classification guidelines.
Date: January 2001
Rating: X18+ (Contains real depictions of actual sexual activity)
Time: 125m
Format: VHS
Applicant: AXIS (A Division of Adultshop.com)
Comment: Review Board Appeal
Review Board report
33rd MEETING
9, 10,17 NOVEMBER 2000
23-33 MARY STREET
SURRY HILLS NSW:
8 DECEMBER 2000 (BY TELECONFERENCE)
PRESENT: Ms Barbara Biggins (Convenor)
Mr Jonathan O'Dea (Deputy Convenor)
Ms Glenda Banks
Ms Joan Yardley
Ms Robin Harvey
Mr Ross Tzannes
APPLICANT: AXIS, a division of Adultshop.com Limited
BUSINESS: To review the decision of the Classification Board to assign the classification RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 to the film Fame is a Whore ... On Butt Row.
DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board decided to set aside the decision of the Classification Board, and to classify the film Fame is a Whore ...On Butt Row X18+ with the consumer advice "Contains real depictions of actual sexual activity".
2. Legislative Provisions
The Classification (Publications, Films and Computer Games) Act J 995 (the Act) governs the classification of films and the review of classification decisions. The Act provides that films be classified in accordance with the National Classification Code and the classification guidelines. Relevantly, the National Classification Code (the Code) in paragraph 1. of the Table under the heading "Films" provides that films that "depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena 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" should be classified "RC."
Further, the Code provides that films that
a) contain real depictions of actual sexual activity between consenting adults in which there is no violence, sexual violence, sexualised violence, coercion, sexually assaultive 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; and
b) are unsuitable for a minor to see
may be classified "X 18+".
In addition, the Guidelines for the classification of films and videotapes (Amendment No.3, 18 September 2000) provide, in part that, "No depiction of violence, sexual violence, sexualised violence or coercion is allowed in the category. It does not allow sexually assaultive language. Nor does it allow consensual depictions, which purposefully demean anyone involved in that activity for the enjoyment of viewers. Fetishes such as body piercing, application of substances such as candle wax, 'golden showers', bondage, spanking or fisting are not permitted."
3. Procedure
3.1 Four members of the Review Board viewed the film at its meeting on 9-10, 17th November 2000.
4. Matters Taken into Account
In reaching its decision the Board of Review had regard to the following:
(a) the applicant's Application for Review
(b) the film Fame is a Whore ... On Butt Row.
(c) written and oral arguments made by Ms Elvis Caneers-Barnes and Mr John Davey on behalf of the applicant
(d) the relevant provisions in the Act
(e) the relevant provisions in the National Classification Code as amended in accordance with section 6 of the Act and endorsed by Censorship Ministers
(f) the current Classification Guidelines for the classification of Films and Videotapes determined under section 12 of the Act.
5. Findings on material Questions of fact
5.1 The film contained various unrelated scenes of real depictions of actual sexual activity.
5.2 The Review Board considered the scene cited by the Classification Board as leading to an RC classification. This occurred at 77 minutes and in which a female is given one smack, followed by sounds of further smacking off screen. A female with reddened buttocks leans over a couch and is given three further smacks each by two other participants.
5.3 The Review Board found that the scene at 77 mins did not contain a depiction of a fetish such as spanking.
5.4 As the film contained real depictions of actual sexual activity as in the Code para 2 under Films, the Review Board found that the film was appropriately classified X 18+.
6. Reasons for the Decision
6.1 The Review Board based its decision to classify the film X18+ with the consumer advice "contains real depictions of sexual activity" on its content as described in 5.1 to 5.4 above.
6.2 To aid it in its determination as to whether the scene at 77 mins constituted a depiction of a fetish such as spanking, the Review Board examined the intent of the Code and Guidelines in this regard.
6.3 The Review Board found that while some "fetishes" listed in the Guidelines, such as the application of candlewax, golden showers, bondage and fisting can be fairly easily recognised, the same cannot be said of "fetishes such as spanking". The Review Board saw a potential distinction between acts of spanking or smacking and .. a fetish such as spanking".
6.4 The definition in the glossary to the Guidelines provides that a fetish is "an object, an action, or a non sexual part of the body which gives sexual gratification". This definition also gives rise to problems of interpretation, viz there are many actions which give sexual gratification but which would not usually be deemed to be "fetishes"- such as kissing, and playful slapping or smacking.
6.5 The Review Board looked at the Macquarie Dictionary (3rd ed) for a definition of .spanking". It found that "spanking" means to strike (quickly and vigorously) with an open hand as a punishment. "Smacking" is to strike smartly or forcibly with an open hand, or a smart resounding blow.
6.6 The Review Board found that a common characteristic of the list of "fetishes such as "in the Guidelines, and which arise from the Code, was that these either demean, or cause harm or pain, in a sexual context, and for sexual gratification.
6.7 Using this analysis, the Review Board considered that the depiction was of smacking in the context of consensual sex, to produce sexual gratification. The depiction contained no elements of punishment, nor of activity which would demean for the enjoyment of viewers (in the sense used in the Code and Guidelines). The Review Board concluded that the scene at 77mins did not therefore constitute a depiction of a fetish such as spanking.
6.8 The applicant argued that the Classification Board failed to
(a) take sufficient account of the nature of the film
(b) take full account of the wording and intent of the Act and the National Classification Code.
(c) reasonably apply the film Classification Guidelines as they apply to depictions of fetishes such as spanking.
(d) supply sufficient evidence to substantiate its claim that a fetishistic activity occurred.
6.9 The Review Board found that there was some validity in the applicant's arguments.
6.10 The Review Board concluded that as the film contained real depictions of actual sexual activity between consenting adults in a way that is likely to cause offence to a reasonable adult, the film was appropriately classified X 18+. Its decision to apply the consumer advice lines of "contains real depictions of actual sexual activity" is made having regard to the content as set out in 5.1 and 5.2 above.
7. Summary
7.1 The Review Board's decision is to classify the film Fame is a Whore ... On Butt Row X18+ with the consumer advice "contains real depictions of actual sexual activity".
This decision is taken after full consideration of the applicant's submission, and after assessing the film as a whole against the relevant legislative criteria, including those contained in the Code, and in the current Classification Guidelines for Films and Videotapes determined under Section 12 of the Act.
Barbara Biggins
Convenor
Fantasies of Men in Uniforms
Directed by Mike Ryan / 2000 / USA
Date: May 2000
Rating: RC
Time: 87m
Format: VHS
Applicant: The AXIS Group
Date: October 2000
Rating: X18+ (Contains sexually explicit material)
Time: 75m
Format: VHS
Applicant: Adultshop.com
Comment: Censored by 12m
La Femme Experte
Directed by Mike Foster / 2000 / France / IMDb
Date: May 2002
Rating: RC
Time: 99m
Format: VHS
Applicant: Adultshop.com
Date: August 2002
Rating: X18+ (Contains sexually explicit material)
Time: 97m
Format: VHS
Applicant: Adultshop.com
Comment: Censored by 2m
Fetish Therapy
Directed by Gabriella Ponti / 199? / Germany
Date: June 2000
Rating: RC
Time: 82m
Format: VHS
Applicant: The AXIS Group
Date: July 2000
Rating: X18+ (Contains sexually explicit material)
Time: 81m
Format: VHS
Applicant: The AXIS Group
Comment: Censored by 1m
Fighters
Directed by Robby D / 2011 / USA / IMDb
Date: December 2011
Rating: RC
Time: 218m
Format: DVD
Applicant: Calvista Australia
Date: December 2011
Rating: X18+ (Explicit sex)
Time: 125m
Format: DVD
Applicant: Calvista Australia
Comment: This was for Disc #1 only. Total time is 218m when
added to Disc #1 and #3.
Date: December 2011
Rating: R18+ (High impact sexual activity and nudity)
Time: 93m
Format: DVD
Applicant: Calvista Australia
Comment: This was for Disc #1 and #3 only. Total time is
218m when added to Disc #2.
The Final Link
Directed by Chi Chi La Rue / 2000 / USA / IMDb
Date: August 2009
Rating: RC
Time: 132m
Format: DVD
Applicant: Calvista Australia
Date: August 2009
Rating: X18+ (Explicit sex)
Time: 128m
Format: DVD
Applicant: Calvista Australia
Comment: Censored by 4m
Flesh Fest 3
Directed by Francesca Lé / 2005 / USA / IMDb
Date: May 2005
Rating: RC
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Date: August 2009
Rating: X18+ (Contains sexually explicit material)
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Comment: Censored by unknown time
Free and Wild 10: High Energy
Directed by Charles McFarland / 2009 / Australia
Date: June 2009
Rating: RC
Time: 76m
Format: DVD
Applicant: Syntech Video Co
Comment: Warning on synetechvideo.com website 'Because
of censorship board regulations, these videos are not for sale in Australia
or New Zealand'
French Amateur Erotica #4
Directed by Rob Hout / 2010 / Australia
Date: May 2010
Rating: RC
Time: 169m
Format: DVD
Applicant: FZ (NSW) Pty Ltd
Date: June 2010
Rating: RC
Time: 168m
Format: DVD
Applicant: FZ (NSW) Pty Ltd
Date: October 2010
Rating: X18+ (Explicit sex)
Time: 163m
Format: DVD
Applicant: Xpress Media Pty Ltd
Comment: Censored by 6m
Fresh Hot Babes 6
Directed by Peter Wolf / 1997 / USA / IMDb
Date: September 2000
Rating: RC
Time: 83m
Format: VHS
Applicant: The AXIS Group
Comment: An appeal was immediately lodged with the Review
Board. This was withdrawn after it became clear that it would be reviewed
under the stricter X18+ guidelines. These had been introduced in September 2000.
Date: November 2000
Rating: RC
Time: 82m
Format: VHS
Applicant: Adultshop.com
Comment: Censored by 1m
Fresh Meat 4
Directed by John Leslie / 1997 / USA / IMDb
Date: October 2000
Rating: RC
Time: 135m
Format: VHS
Applicant: The AXIS Group
Date: March 2001
Rating: X18+ (Contains sexually explicit material)
Time: 135m
Format: VHS
Applicant: Adultshop.com
Comment: Both 135m
Fresh off the Boat
aka Clubgallery.com's Fresh off the Boat
Directed by Ed Hunter / 2008 / USA
Date: July 2010
Rating: RC
Time: 117m
Format: DVD
Applicant: Homesafe DVD
Fuck Me
aka Katja Kassin's Fuck Me
Directed by Gazzman / 2005 / UK / IMDb
Date: October 2006
Rating: RC
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Date: November 2006
Rating: X18+ (Explicit sex)
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Comment: Censored by unknown time
Furious Fuckers
Directed by Rocco Siffredi / 2007 / USA / IMDb
Date: July 2007
Rating: RC
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Date: July 2007
Rating: X18+ (Explicit sex)
Time: Unknown
Format: DVD
Applicant: Calvista Australia
Comment: Censored by unknown time
Next Adult Films: G