Film Censorship: B

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Banned from TV

Produced by Mantra Films / 1998 / USA / IMDb

BANNED FROM TV was Refused Classification in August 2007. A censored print was resubmitted, but was again refused in November 2007. The applicant in both cases was Zeal Entertainment.

 

Classification Board Annual Report 2007-08
RC (Refused Classification)
Films
Banned from TV and three films from the Faces of Death series were classified RC for gratuitous depictions of violence to humans and animals.

 

 

BANNED FROM TELEVISION Review

Thanks to Matt for this review.

BANNED FROM TELEVISION is your usual compilation of news and amateur footage showing animal attacks, death, car crashes, shootings, executions, etc, etc. Many are the scenes are re-played again, with the narrator saying "let's see that again in slow motion". It does have an extra element of sex that is often absent from other death documentaries. In this case it consists of the usual GIRLS GONE WILD type footage, undercover filming of sex in a lap dancing club, sex on stage at a 2 Live Crew concert, and a corrupt cop getting a blow job from a hooker. This latter scene features a badly censored shot of the cop's erection which seems to move in a out of view as the fogging struggles to keep up.

We all bitch about the lack of consistency in the OFLC decisions, but with the death documentary genre they are still as tough as ever. Reading on your site the reasons for the banning of INHUMANITIES 2: MODERN ATROCITIES back in 1990 I was struck by how they could just as well be talking about BANNED FROM TELEVISION. I've not seen the OFLC reasons, but I'd suspect it would read something like this:

"....... is a compilation of newsreel footage of atrocities, murders, natural disasters, aircraft accidents, and other spectacles involving violent death or extremes of human suffering. Much of the footage has been shown previously on television, where this kind of material is distressingly familiar; some of it, so the Board was told, had not been seen before. The extracts seem to have been chosen solely for their shock value and strung together at random. There is a commentary of more than the usual banality and sententiousness. The Film Censorship Board determined by majority that the video should be refused classification because of its prolonged and relished depictions of violence and cruelty. "

The version of BANNED FROM TELEVISION that I viewed ran 107:05 and didn't have any opening or closing credits.

 

 

British Censors explain their 1999 ban

We are not ones to praise to the British Board of Film Classification (BBFC), but at least they explain their decisions. Here is what they had to say about BANNED FROM TV when they rejected it back in February 1999.

British Board of Film Classification (BBFC)
Press Release 1999

BANNED FROM TELEVISION
As the authority designated by Parliament with the responsibility for classifying videos under the Video Recordings Act 1984, the Board must determine whether or not a video is suitable for a classification certificate to be issued to it, with special regard to the likelihood of video works being viewed in the home. In making this decision, the Board must also have special regard, amongst other relevant factors, to any harm that may be caused to potential viewers or, through their behaviour, to society because of the manner in which the work deals with criminal behaviour, illegal drugs, violence, horror or sex.

BANNED FROM TELEVISION
The Board carefully considered this video in the light of these tests. The main consideration for the Board was the question of harm referred to above. In short, does the work have the potential for anti- social influence?

In the Board's view it does. It is a compilation of scenes of extremely violent death, injury and mutilation, many of which are repeated in slow-motion. The commentary draws attention to the grislier aspects and in effect invites enjoyment at human suffering. The inclusion also of sex scenes reinforces the impression that the purpose of the video is to provide entertainment. There is no attempt to justify the images by placing the incidents in any other journalistic or educational context. Whatever current relevance the images might have had when they were originally photographed has been lost in the general compilation of horrors. The Board is conscious that a particular genre that has always been identified as entirely unacceptable is that of so-called 'snuff movies'. Their main identifying feature is that at least one of the participants is actually killed. BANNED FROM TELEVISION is only different in that, instead of a death being created for the work, actual death and injury is collated from a wide range of pre-existing sources to create the work.

The Board has concluded that the video is potentially harmful because of the influence it may have on the attitudes and behaviour of a significant proportion of likely viewers. The instinct of concern and compassion for the suffering of others is a basic social necessity. So is respect for the dignity of real human life. By presenting actual human death and mutilation as entertainment, the work, in the Board's view, has the potential to erode these instincts. There is a danger of it falling into the hands of young and impressionable persons (whatever its classification) and of some significant brutalising effect on their attitude to human life and pain.

The Board has considered the possibility of cuts as a remedy for these difficulties. It has concluded, however, that they would be unlikely to modify the tone and effect of the work acceptably.

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Barbarian Queen

Directed by Héctor Olivera / 1985 / USA / IMDb

CBS/Fox Video had a 70m VHS of BARBARIAN QUEEN rated R in September 1985. It was awarded for violence, which was described as: Frequency: Frequent
Explicitness/Intensity: Medium
Purpose: Gratuitous

This 70:15 version that was released on tape by Medusa - CBS/Fox Video.

In October 1985, a 76m VHS was Refused Classification due to 'gratuitous sexual violence'. It is unclear why a censored version was rated before an uncut one.

In the U.S., BARBARIAN QUEEN was released on tape in two versions by Vestron Video. The first was the U.S. R-rated print, and the second was fully uncut.

Movie-Censorship has an excellent comparison between the two versions, and we shall refer to it in our description of the two Australian releases.

 

 

The Censored Medusa-CBS/Fox Video

We can confirm that the Medusa - CBS/Fox Video VHS runs 70:15 and was censored. It looks to have utilised the fully uncut version as a starting point as it contains scenes that are not found in the U.S. R-rated print. This was presumably done to make up the running time and mask the censorship.

 

The Medusa - CBS/Fox Video VHS was censored as follows:

Pre-credits
The pre-credits sequence involving a group of soldiers hunting a girl. 15s is missing when they capture her, open her top, touch her breasts, and begin to rape her.
This is in the MA15+ DVD.

 

The Girl is Cornered
The scene where a group of soldiers corner a girl in the town. 15s is missing when they say "I've got to hand it to those rebels" and "You went first last time, this ones mine" as they rip her top off and pull her to them.
This is in the MA15+ DVD.

 

The Rape of Amethea
The largest cut is to the infamous torture and rape of Amethea. Ironically considering how censored the VHS was, it does actually contain the 11s at the start of the scene where the torturer is shown touching her breasts with the claw and saying "You must learn not to struggle". Again, this scene originates from the uncut version, and was missing from the U.S. R-rated print.

The scene shows the torturer saying, "You are making a contribution to science" and then jumping up to her.
Missing are the shots of him raping her, and her crushing him with her legs.

The scene continues again in the Medusa - CBS/Fox Video with her saying "Can I", before pushing him into the acid bath.
Part of this scene is included in the MA15+ DVD.

 

 

MA15+ DVD is the U.S. R-rated version

In May 2008, Big Sky Video had a DVD of BARBARIAN QUEEN passed with an MA15+ (Strong violence and sexual violence) rating. The DVD was released through Beyond Home Entertainment. The actual running time was 70:26 and was taken from the censored U.S. R-rated print. As we have explained, it contains most of the footage that caused the film to be banned back in 1985, see the above-mentioned Movie-Censorship site for a full comparison.

These are the versions of BARBARIAN QUEEN that have been released in Australia.

1985: Medusa - CBS/Fox Video VHS - The uncut version, censored down to 70:15
2008: Beyond Home Entertainment DVD - The censored 70:26 U.S. R-Rated version.

 

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The Beast

aka La Bête

Directed by Walerian Borowczyk / 1975 / France / IMDb

When first submitted to the censors in November 1976, a 2815.00 meters (102:53) 35mm print of THE BEAST was Refused Registration for reasons of 'indecency'.

Cinecetta appealed to the Film Review Board, but this failed in July 1977. A censored version running 2701.70 meters (98:45) was eventually passed with an R-rating in October 1977. It was this print, cut by 04:08, which went on to have an Australian theatrical release.

 

Here is how Cinema Papers reported the 1977 censorship of THE BEAST.

La Bete was originally banned in November 1976. The decision was appealed in July 1977, but the was film again denied registration. At this stage it ran 2815m or 102.61min. The film was then cut by its distributors to 2701.70m (98.48min) and it was finally passed with an R classification without further cuts.

To meet 'community standards', 4.2min had to be deleted. These cuts represent most of the sequence where Romilda's (Sirpa Lane) passionate lovemaking exhausts the beast who collapses to the ground and expires. As a result the tale has been robbed of its irony

 

 

An Australian video release?

THE BEAST was next before the censors in November 1981, when Star Video had a 94m videotape Refused Registration. The reason given for the ban was sex, which were described as:
Frequency: Infrequent
Explicitness/Intensity: High
Purpose: Gratuitous

During the early 80s, there was no law that compelled distributors to have video tapes classified. For a period, the Censorship Board simply viewed the tapes and passed them as 'Special Condition', the definition of which was:

That the film/tape will not be exhibited in any State in contravention of that State's law relating to the exhibition of films.

It was under this 'Special Condition' that Publishing and Broadcasting Video had an 89m reconstructed (censored) version passed in September 1983.

 

 

Rated X in 1984

The X-rating was introduced in February 1984 and the same month THE BEAST became one of the first titles to be awarded such a rating. The 92m tape submitted by Publishing and Broadcasting Video was awarded the X-rating for sex, which was described as:
Frequency: Frequent
Explicitness/Intensity: High
Purpose: Gratuitous

Note that there was a brief period where the X-rating was considered not just for sex films, but also material that was too extreme for the R-rating. During this time, violence could exist in the X category, and films such as CALIGULA, JUNGLE WARRIORS, PINK FLAMINGOS, KILLER NUN, and ROSEMARY'S KILLER were awarded this rating. The guidelines were swiftly tightened up to remove violence, though pro-censorship groups will try to tell you otherwise.

Despite Publishing and Broadcasting Video having an 89m 'Special Condition' tape passed in September 1983, and a 92m X-rated tape passed in February 1984, we have yet to see any confirmation that either was actually released. If anyone has any evidence to the contrary then please send in the details.

 

 

Uncut release at last

An uncut print screened in Australia at the 2002 Melbourne Underground Film Festival.

 

In April 2007, Umbrella Entertainment had a DVD of THE BEAST passed with an R18+ (High Level Sexual Themes and Sex Scenes) rating. This was released in February 2008. The cover states 'Banned for 30 Years!'.

Thanks to James for this review of the DVD.

The Umbrella DVD runs 94:10 and appears to be the Directors Cut. The 102:53 version that was submitted to the censors back in 1976 would seem to be the same as the version that was released as the third disc of the Dutch Cult Epics DVD. According to DVD Beaver.

"It's like the shorter versions [Directors Cut] is the final version, and the cuts are made to speed-up the rhythm of the film. They have for example shortened the scene where the girl run's away from the Beast with over two minutes. The cuts are more like they have taken away some picture pairs. The girl runs a shorter time, the Beast ejaculates one time less etc. "

 

In the dream sequence, the Beast chases the girl in three parts.

Part one runs from 63:30 to 67:40 when the chase begins to when the scene concludes with the girl climbing a tree and the Beast licking her vagina. When she falls from the tree, he attempts to rape her.

The second part from 72 to 76min starts with Lucy masturbating with the rose. This scene is quite explicit, with her vagina exposed to the camera. This must have been cut by the censors back in 1976. The dream sequence then continues with the girl being raped by the Beast.

The final part runs from 79:30 to 81:15 and has the girl masturbating the Beast, and licking his penis until he dies of pleasure. This is the scene that you quote Cinema Papers as saying was most heavily cut for an R18+ rating back in 1977. However, it only runs under two minutes, confirming that other scenes were also cut.

The four minutes of cuts that the censors made back in October 1977 to secure an R18+ must have been made to these three parts of the dream sequence. There are other sex scenes in the film, but none are as explicit as the chase, rape, and eventual death of the Beast.

 

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Beast in Heat

Directed by Luigi Batzella / 1977 / Italy / IMDb

A VHS of BEAST IN HEAT was seized by customs in 1992 and forwarded to the OFLC who rated it RC.

This part of the short-lived Italian Nazi film boom. It was never picked-up for Australian distribution. This is not surprising as in the past the Australian censors always treated such films harshly. Others titles covered in our Film Censorship Database include, NAZI LOVE CAMP 27, RED NIGHTS OF THE GESTAPO, SS CAMP 5 WOMEN'S HELL, and SS EXPERIMENT LOVE CAMP

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Beast of Pleasure

Directed by Eddy Matalon / 1975 / France / IMDb

In 1981, Blake Films cut BEAST OF PLEASURE from 76 to 69m for an R-rating. The censored 69m (68:33) release on Roadshow's Vibrant Video label was reviewed in 1984 and confirmed with an R-rating. Thanks to Stephen F for the cover scan and time.

 

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Beat Angel Escalayer

Directed by Ikka Tsuchishida / 2002 / Japan

This film has never had problems with the Australian censors. It is included because we suspect the distributor censored it prior to submission to the Classification Board.

 

BEAT ANGEL ESCALAYER was passed with an R18+ (High level animated sex scenes) rating in July 2008. Siren Visual Entertainment released it on DVD as part of their Hentai Collection in November 2008.

This would join a number of other titles in Siren's Hentai collection that were either banned or censored in Australia. See the entry for HOLY VIRGINS for a full listing.

 

 

BEAT ANGEL ESCALYER: The censored footage

Thanks again to Geoff for this review in which he exposes more censorship.

It looks like Siren has once again submitted censored hentai to the Classification Board in the hope of escaping an RC-rating. Details of the three episodes are as follows.

Episode 1: Runs 28:22 and did not look cut
Episode 3: Runs 28:08 (29:08 including the English credits) and did not look cut.

Episode 2: Runs 27:24 and is definitely censored. The running times that I'm going to quote include that of Episode 1. The scene begins around the 33min point and involves Sayuka being attacked by a huge red octopus. Missing are scenes of him pulling off her bra, wrapping his tentacles around her breasts and squeezing them, and a brief shot of her naked breasts before the camera pans down.

The tentacle is then shown going into her mouth and then there is a very obvious cut at the 34:50 point. It should continue to a shot of her legs being prised open by the tentacles and exposing her vagina. There then follows a full on tentacle rape which takes place as a group of robot like creatures look on and cheer. Interestingly Siren have put a shot from earlier in the scene featuring a fully clothed Sayuka, they also reinstate several earlier shots to cover the cuts.

To be honest I really don't know why Siren cut this scene so badly. Maybe they thought the censorship board still had a thing about tentacle rape since the Urotsukidoji-Legend of Overfiend ban back in '94. It's doubly puzzling when you see that they left in the scene that starts around the 49min mark in Episode 2. Here Sayuka is raped (and enjoys it) by a character called FM77, a female looking creature with a huge dick!

It's pointless going by the running times to judge the cuts because as I mentioned Siren have used other footage to mask them. There may be other censorship, but the octopus rape scene was the most obvious. There are no extras at all, and the DVD menu lists only two episodes, but all three play.

 

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Beware! Children at Play

Directed by Mik Cribben / 1989 / USA / IMDb

This film has never had problems with the Australian censors. It is included because the distributor released a censored print.

 

Troma had BEWARE! CHILDREN AT PLAY passed by the OFLC with an R18+ rating in 1998. This version was the softer US R-rated print that removes many of the violent scenes. The Troma video was released in Australia through Siren.

Movie-Censorship has a comparison between the US unrated and R-rated versions.

 

 

TROMA INTELLIGENCE TEST dropped from Stomp DVD

In 2000, violent clips (taken out of context) from the unrated version contributed to the banning of six DVDs that contained the TROMA INTELLIGENCE TEST.

In June 2005, BEWARE! CHILDREN AT PLAY was back before the OFLC, and again it was rated R18+, this time with a consumer warning of 'High level horror violence, Blood and gore'. The DVD was the full-uncut version, which ran 93:17. It was released by Stomp Visual in September 2005.

 

On the back cover, the following was written:

Troma Intelligence Test and Trailers are not available on this release

See our separate entry for THE TROMA INTELLIGENCE TEST for an explanation of why it was dropped.

It is a mystery why Stomp dropped the COMING DISTRACTIONS extra, as it was simply a series of trailers for other Troma titles.

Both THE TROMA INTELLIGENCE TEST and COMING DISTRACTIONS extras are listed on the DVD menu, but have been removed.

 

 

Jigsaw Entertainment Re-release DVD

In February 2011, BEWARE! CHILDREN AT PLAY was re-released on DVD by Jigsaw Entertainment, through Gryphon Entertainment.

 

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The Beyond

Directed by Lucio Fulci / 1981 / Italy / IMDb

Anticipating problems with the Censorship Board, Greater Union Film Distributors pre-cut THE BEYOND before submission. This 2276.69 meter (83:13) print, described as 'pre-censor cut version', was rated R in May 1982.

In February 1985, Palace was given the same rating for another 83m videotape print. The exact runtime for the Palace Explosive tape was 81:46, around two minutes shorter than uncut prints.

There are two customs confiscation to report for THE BEYOND. In 1992, they forwarded an uncut tape to the OFLC who confirmed it as being Refused Classification. Another report comes from 2002/2003 with a copy of the U.S. Anchor Bay DVD tin being seized.

Siren Visual Entertainment released an uncut 83:47 Australian DVD in November 2004.

 

 

THE BEYOND: Palace Explosive Video vs. Siren DVD

The following is a comparison between the cut Palace Explosive tape and the uncut Siren DVD. It is not an exact check, so there may be some small cuts that have been missed. The time quoted refers to the point in the DVD where footage was censored from the tape release.

Note that the Siren DVD begins with a shot of the hotel with over which 'Louisiana 1927' is shown. It is missing a brief 1-2 second shot of the Hotel sign that should come before. This is present in the Palace Explosive tape.

 

SCHWEICK'S DEATH
Schweick is dragged to the basement. The Palace tape then removes three shots at 4:20, 4:25, and 4:30 of him being whipped with the chain and his bloody wounds. Each time we only see the shots of those doing the whipping. The scene resumes with him being picked up.
The Palace tape shows the first nail being hammered into his wrist. It cuts at 5:06 to remove the sight of blood weeping from the wound. It resumes with a shot of his face before the second nail is hammered in.

 

JOE'S EYE GOUGE
The Palace tape shows the start of the scene where Joe's eye is gouged out. It cuts at 17:30 to remove the sight of blood coming from his eye socket.

 

SPIDER ATTACK
This is the longest cut in the Palace tape. Beginning at 49:50 it removes the entire scene of the spiders tearing at the Librarian's lip, nose, eye, and tongue.

 

MARTHA'S EYE POP
Censored at 57:35, the entire shot of Martha's eye being pushed out by the nail.

 

EMILY'S THROAT RIP
The dog is shown attacking Emily's throat. It cuts at 63:52 as blood begins to appear. The scene continues with the dog attacking the side of her head, the biting off of her ear, and the slow motion blood flow.

 

JILL'S EXPLODING HEAD
Censored at 78:40, the entire shot of the top of Jill's head being shot off.

 

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Beyond the Darkness

Directed by Joe D'Amato / 1979 / Italy / IMDb

The OFLC gave BEYOND THE DARKNESS an RC in 1992 after customs forwarded them a seized copy. High-level violence and the necrophilia story line would have to be the reason for this decision.

Joe D'Amato's EMANUELLE IN AMERICA and EMANUELLE AND THE LAST CANNIBALS were both heavily cut by the Australian censors, and his CALIGULA: THE UNTOLD STORY was issued in a soft version on video. There is also a report of ANTHROPOPHAGOUS: THE BEAST being taken by customs.

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The Black Alley Cats

Directed by Henning Schellerup / 1973 / USA / IMDb

A 2231.04 meter (81:33) print of THE BLACK ALLEY CATS was submitted to the Censorship Board in January 1980 by Blake Films. It was awarded an R-rating for sex, which were described as:
Frequency: Frequent
Explicitness/Intensity: Medium

The censors claim it was passed with an R-rating without eliminations.

In August 1985, the censors reconsidered, when the same distributor had the 80m version banned for 'gratuitous sexual violence'. It is possible that this was being rated for release by Palace Explosive Video, as Blake Films were one of the distributors behind the label.

 

Thanks to Matt G for this review of the film.

The Something Weird VHS released in the US runs 79:33 which is a couple of minutes shorter than the 81:33 that you quote. Not sure why this is, as there are no obvious cuts, and the sex is quite graphic. I would guess that our censors would have had problems with the opening scene (2-7mins) where the girls are raped by a group of guys. This is the most obvious example of 'gratuitous sexual violence'.

Other possibilities include at 31-34min when the Doctor and his wife rape one of the gang, and maybe the scene at 67-68mins where the Doctor has sex with one of the girls when he is supposed to be treating her.

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The Black Angels

Directed by Laurence Merrick / 1970 / USA / IMDb

During the early 80s, there was no law that compelled distributors to have video tapes classified. For a period, the Censorship Board simply viewed the tapes and passed them as 'Special Condition', the definition of which was:

That the film/tape will not be exhibited in any State in contravention of that State's law relating to the exhibition of films.

The Prestige Video release of THE BLACK ANGELS was passed in January 1984 with such a warning.

 

In February 1984, it became law for all video tapes to be classified. The censors began the slow task of reviewing all the titles that had been released up until that time. They finally got to the BLACK ANGELS in November 1984. The 81m Prestige Video VHS was Refused Classification due to 'explicit and gratuitous sexual violence'. Despite the ban, the film remained on the shelves of many video stores.

The Prestige Video tape ran 81:45, and was preceded by the U.S. MPAA R-rating card.

The offending scene takes place at approximately the 68m mark of the film. A girl is abducted from the street by two men in car. The take her to a warehouse where they chain her up and rip open her top. One of the men holds a knife to her breasts. The scene ends with her screaming, the sound of which continues over the following scene of a biker couple kissing. It is unclear if this is how the film should be, or if it has been done to mask any cuts.

 

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Black Deep Throat

Directed by Guido Zurli / 1976 / Italy / IMDb

A 'pre-censor cut version' of BLACK DEEP THROAT running 2342.59 meters (85:37) was rated R in May 1979. This version went on to have a theatrical release in Australia.

1981 saw an 86m videotape twice Refused Registration. The first applicant was L&M Imports in August, followed by Meridien Electronics in November. The ban was due to some of the sex scenes, which were described as:
Frequency: Frequent
Explicitness/Intensity: High
Purpose: Gratuitous

Around the same time, King of Video released the film to video. This print ran 82:20 and definitely had some of the sex scenes edited. The running time would seem to indicate that it is the same as the 'pre-censor cut version' passed in May 1979. Note that despite the title seemingly promising it, the film was never shot as hardcore.

 

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Bride of Frank

Directed by Steve Ballot / 1996 / USA / IMDb

There is a confirmed customs confiscation from 1998 of this low-budget shot on video feature. This Dutch Media Madness release was taken due to a scene where Frank entices a girl into his truck, bashes her head with a metal bar, and then runs her over with the truck.

Customs gave the following reasons for the confiscation.

"....seized under subsection 203b(2) of the customs act 1901 by an authorised person being goods suspected on reasonable grounds to be special forfeited goods"

"Persuant to regulations 4A(1)(1A)(a)of the customs (prohibited imports) regulations the items are prohibited imports and are therefore forfeited under section 229(1)(b)of the customs act 1901"

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The Brood

Directed by David Cronenberg / 1979 / Canada / IMDb

In March 1980, Everand Films had a censored version of THE BROOD passed with an R-rating for theatrical release. The film was submitted to the censors with a length of 2509.92 meters (91:44), it lost 31.1 meters (01:08) of 'excessive violence' to gain the rating.

The first Australian video release was in the early 80s courtesy of the Intervision label. We suspect this is the same as the censored UK Intervision tape.

THE BROOD had more trouble in March 1983 when Risis Ethnic Video had a 93m tape Refused Classification.

A second tape was issued by CBS/Fox Video in 1984. This was the 85m cut version and was listed by the censors as being passed with an R-rating.

There was a third tape release, this time from Force Video.

 

Universal Pictures released an 87:41 print of THE BROOD on DVD in Australia in October 2004. Unfortunately, it was sourced from a cut print.

Movie-Censorship documents what was missing from this version.

 

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Brotherhood

Directed by Shan Hua / 1976 / Hong Kong / IMDb

In January 1979, BROTHERHOOD was Refused Registration for reasons of 'excessive violence'.

JS & WC International Film was the applicant for this 100m Shaw Brothers production.

 

 

BROTHERHOOD Review

Thanks to Matt for this review.

The Hong Kong DVD from Intercontinental Video runs 94:35 and looks to be uncut. I can kind of understand how the Australian censors came to ban it back in 1979. The violence is indeed quite brutal with lots of vicious gang fights, ear slicing, and stabbings. It is kind of understandable that is was not resubmitted. Censoring it down would have been quite difficult, as it would have made for some very choppy fight scenes. However, in 2009 an uncut version would easily get an R18+.

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Brother of Darkness

Directed by Billy Tang / 1994 / Hong Kong / IMDb

Mandarin Films had an 84m print of BROTHER OF DARKNESS banned in 1994. An appeal to the Board of Review produced this response.

 

Review Board Report
21 July 1994

5 Findings on Material Questions of Fact

5.1 The plot revolves around a controversial murder case in Hong Kong. Tol is accused of murdering his very violent and ill-tempered drug addicted, criminal adopted brother, Wah. On each release from prison over several years, Wah terrorises the family, which includes his elderly mother and father, his wife, brother Tol and his girlfriend Jenny. Tol finally snaps and kills Wah.

5.2 The board of review considered the 'rape' scene in reel 1 at approximately 14-17 minutes cited by the Censorship Board as, in its opinion, taking the film out of the R category. The scene depicts Wah, arriving home after being released from prison, and forcing his wife into the bedroom to have sex with him, with the appalled family in earshot. She protests strongly, but he exerts physical force to achieve penetration. She ultimately appears consenting. The Review Board found that the lengthy scene constituted one of sexual violence. However in the opinion of the Board, the scene was illustrative of the violence component in the sexual relationship between Wah and his wife (a previous encounter also depicted initial protests followed by enjoyment). It was necessary to the narrative in that it contributed to the developing picture of Wah's character, as one who had no regard for the sensibilities of others.

5.3 Other scenes which contributed to the consumer advice line of 'medium level violence', including the burning of Wah's small son with a cigarette butt (which followed the scene described in 5.2) and the prolonged murder of Wah by Tol near the end of the film.

5.4 Other scenes which contributed to the consumer advice lines 'high level sex scenes' and 'nudity' included two scenes of intercourse between Wah and his wife, and several scenes between Tol and Jenny.

6 Reasons for Decision

6.1 The Review Board based its decision not to confirm the Censorship Board's decision to refuse registration on its consideration of the film as a whole, and on the scene cited in 5.2 in particular.

6.2 The Review Board was of the opinion that the scene was one of sexual violence but was acceptable by virtue of it being necessary to the narrative.

6.3 The film included many scenes of sexual activity and one of drug abuse (but in an advocatory manner). These, and the scene referred to in 5.2, in the opinion of the Review Board. placed the film in the For Restricted Exhibition category.

6.4 The Review Board's direction that the Consumer Advice in relation to the film be 'High level sex scenes, medium level violence, nudity' as made having regard to the scenes referred to in 5.2,5.3,5.4 above.

7 Summary

The Review Board's decision is to set aside the decision of the Censorship Board in relation to the film Brother of Darkness, and to grant the permission sought by the applicant. The film is to be classified R with consumer advice High level sex scenes, medium level violence, nudity' . This decision was taken after full consideration of the applicant's submission, and after assessing the film a whole against relevant legislative criteria and those contained in the current film classification guidelines endorsed by the Censorship Ministers.

 

With the appeal a success, BROTHER OF DARKNESS went on to an R-rated Chinese Language cinema run.

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Brothers in Arms

Directed by George Jay Bloom / 1989 / USA / IMDb

In 1989, the OFLC banned BROTHERS IN ARMS because of sexual violence. In March 1989, Roadshow failed in an appeal to the Review Board.

 

Review Board Report
31 March 1989

Decision
The Board of Review found this film gratuitously violent, and was especially concerned by two scenes of sexual assault. In the view of the Board the violence was not justified by any serious purpose or message (as it was, for example, in The Accused, and appeared to be wholly exploitative in intention. The Board took into account the ready availability of video materials and the difficulty of enforcing 'R' classifications in some cases. The decision to refuse classification was confirmed.

 

In July 1989, a censored 91:11 (NTSC) tape was passed with an R18+ (Frequent violence) rating. The tape was released on Roadshow's Premiere Home Video label. 

 

 

BROTHERS IN ARMS (1989): The censored scenes.

Thanks to Simon for this review.

Premiere Home Video [au] – 91:11 (NTSC)
Republic Pictures Home Video [us] – 94:27 (NTSC)

I noticed three cut scenes in Premiere’s (PHV) release of BROTHERS IN ARMS. This is not a side-by-side comparison, so there is a chance I may have missed something. It does identify the two scenes of sexual assault that the OFLC mentioned. All times refer to the uncut Republic Pictures (RP) tape. Both were NTSC, so time comparisons were easy.

 

CRUCIFIXTION

At 03:12 a nail is shown being driven into a wrist, this is followed by a second shot of the hammer hitting the nail. The PHV tape removes this, and masks the cuts by repeating a long shot of the group, so the times remain the same. This is an unnecessary cut, as a few seconds later, the far more graphic shot of the guy breaking free by pulling his hand over the nail is shown in full.

 

STEVIE AND JOEY

Before – Joey tackles Stevie, and looks up at her.

Censored by 01:15 – In the RP tape, this scene runs from 23:42 to 26:50. The PHV tape shows parts of this. The hillbillies taunt and beat Stevie and Joey. They remove Stevie’s trousers, and force Joey to have sex with her.

After – Dallas arrives and points a gun at one of the brothers.

 

THROAT CUTTING

At 34:30, there is around 00:01 missing when Dallas slashes the throat of one of the brothers. The uncut version lingers on the wound slightly longer.

 

STEVIE AND CALEB

Before – Caleb pushes Stevie into the barn

Censored by 02:32 – In the RP tape, this scene runs from 55:58 to 60:56. The PHV tape shows parts of this. Caleb threatens Stevie with a knife and makes her say that she want his babies as he kisses her. Eventually he pushes her to the ground and hits her in the face. Finally, he cuts off her top and underwear and rapes her.

After – Dallas comes to the rescue by crashing through the roof.

 

STEVIE STABS CALEB

At 62:05 there is around 00:01 missing when Stevie stabs Caleb in the hand. The PHV does not show the knife sticking out of the hand.

 

THE ENDING

Interestingly, the PHV tapes ends slightly differently to the uncut RP. The film finishes with only Joey, Stevie and the Father alive. They load the body of Caleb on the horse and the Father rides away. Stevie and Joey then turn and walk away. The RP tape then goes to the end credits. However, the PHV tape includes an extra 00:34 freeze frame which explains what happened next.

It reads:

"Two months later, based on information provided by Joey, local authorities apprehended FATHER who is currently being held in jail, without bail, pending trial…"

Presumably, this was added to show that you cannot get away with murder. However, it rather ruins the original ending that has Father riding away after all his sons have been killed. I do not know if this was added just for the PHV tape, or if it appears in any other releases.

 

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The Brown Bunny

Directed by Vincent Gallo / 2003 / USA / IMDb

This film has never had problems with the Australian censors. It is included because it was a controversial title.

 

In July 2005, Sony Picture Releasing had a 93m (DVD for 35mm) of THE BROWN BUNNY passed with an R18+ (Sexual Activity, High Level Themes) rating. In September 2005, Sony Pictures Home Entertainment had a second DVD passed with the same rating and consumer warning. The DVD was eventually released in December 2005.

In 2006, Dennis Hood from the South Australian Family First party pushed to have the SA Attorney-General Michael Atkinson call for a review of the film. Previously, Mr. Atkinson has been very accommodating to groups from the Religious Right. He supported the Australian Family Association in 2003 against IRREVERSIBLE, 2004 against ANATOMY OF HELL, and 2005 against MYSTERIOUS SKIN. All three banning attempts failed. Perhaps finally sensing the futility of it all, this time he did not to come to the aid of wowsers.

What Dennis Hood was trying to do with THE BROWN BUNNY was to have the rating increased up to X18+. This would make it illegal to sell or rent from within any of the States. It would have been legal for it to be sold or rented within the ACT and NT, and exported from either Territory back to the States.

This is what happened to Michael Winterbottom's 9 SONGS, when in 2004 the Classification Board gave it an overly restrictive X18+ rating. The distributor appealed, and in 2005, it was dropped down to R18+ for theatrical release. In August 2005, the South Australian Classification Council increased it back up to X18+, effectively banning it for sale/hire within the South Australia.

 

 

Family First wanted an X-rating

Sex movie 'should be X-rated
Adelaide Advertiser, May 4, 2006

Family First MLC Dennis Hood said the view of fellatio involving a fully erect penis "was pornographic".
"If that's not pornography, then what is? Any depiction of actual sex is clearly X-rated," Mr Hood said.
SA is the only Australian state with the power to ban movies within its borders. However, Mr Hood does not want to go that far.
He called on the Attorney-General Michael Atkinson to order a review of the film's classification status.

Sony Pictures Home Entertainment, Katie Hull, said the movie had "done quite well as a rental title".
"The R-rating is almost mainstream now," Ms Hull said.
"We had no problems with distributing it."

"There is a very good case for reclassification," Mr Hood said.

Young Media Australia president Elizabeth Handsley said R-rated movies should be separated from general-release titles in rental stores.

Mr Atkinson yesterday said it was too late to reclassify The Brown Bunny.
"This film was released in 2003 and was classified by the Classification Board last year and it is now not possible for its classification to be reviewed by the Classification Review Board," Mr Atkinson said.

 

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Brüno

Directed by Larry David / 2009 / USA / IMDb

This film has never had problems with the Australian censors. It is included because the distributor chose to censor it to achieve a more commercial rating.

 

On June 4th 2009, BRUNO, Sacha Baron Cohen's follow up to BORAT, was surprisingly hit with an R18+ (Sexual activity and nudity) rating by the Classification Board. There was no way that Universal would settle for anything more than an MA15+, and on June 18th, they got what they wanted. This was not the result of an appeal to the Review Board. Instead the film was censored and re-edited, with the 81m MA15+ (Strong sex scenes and nudity, crude humour and coarse language) rating actually running longer than the 80m R18+ version.

On July 1st 2009, BRUNO was rated for a third time; again it was awarded an MA15+ (Strong sex scenes and nudity, crude humour and coarse language). However, the running time had now been reduced from 81 to 80m.

 

Australia gets censored cut of Bruno!
blog.quickflix.com.au, June 30, 2009
A representative from Universal has stated that only seconds worth of material has been snipped from the Australian cut. In my research I have discovered that the cuts were made from an early sequence between Bruno and his pygmy boyfriend (which already features a particularly shocking moment involving a bottle of champagne).

 

A 90m DVD of BRUNO was rated MA15+ (Strong sex scenes, nudity, crude humour and coarse language) on September 15th 2009.

A 264m Blu-ray version was passed with an R18+ (Sexual activity and nudity) rating on September 18th 2009. This was released in November 2009 and was being advertised as:

UN-CUT EDITION, BULGING WITH UNSEEN EXTRAS, RESTRICTED The version you couldn't see in Australian cinemas

Universal's R18+ DVD of BRUNO ran 78:00.

 

 

Complaints to the Classification Board

Here is Donald McDonald, the Director of the Classification Board during the May 2009 Senate Estimates in which he comments on the large number of complaints received regarding BRUNO.

LEGAL AND CONSTITUTIONAL LEGISLATION COMMITTEE 
19/10/2009 
ATTORNEY-GENERAL’S PORTFOLIO 
Classification Review Board

Mr D McDonald —The board received many complaints about the classification of the film Bruno at the MA 15+ level. This was despite the fact that the consumer advice for the film left little to the imagination. It was ‘strong sex scenes and nudity, crude humour and course language’. Virtually all of the complaints evidenced an unfamiliarity with the advice in question.  

Many of the complaints again demonstrated that the complainant was not aware of this additional guidance about the film’s content. The board is working with the Attorney-General’s Department to examine what more can be done to provide better access to consumer advice prior to the purchase of tickets for a film as well as at the point of sale itself. I will update senators about this matter at the next estimates hearing.

 

 

The Classification Board on the MA15+ and R18+ versions

Here are some details from the censor's annual report where they explain the reasons for the two ratings.

Decisions
MA15+ and R18+
Films
Annual Report 2008-2009

A modified version of Brüno was classified MA 15+ with consumer advice for ‘Strong sex scenes and nudity, crude humour and coarse language’. The film contained sex scenes and nudity which were infrequent and strong in impact. Sexual activity in the film was entirely obscured and no actual or explicit sexual activity was depicted. Coarse language was infrequent and strong in impact. The Classification Board also noted that themes in the form of crude humour were frequent and strong in impact. The original version of Brüno was classified R 18+

The Classification Board classified the original version of the film Brüno R 18+ with consumer advice for ‘Sexual activity and nudity’. In the opinion of the Classification Board, the impact of sexual activity in the film, although obscured was high. The Classification Board also noted that the film contained nudity, which could be accommodated within a lower classification but warranted flagging in consumer advice. A modified version of Brüno was classified MA 15+ during the reporting period

 

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Bumfights: A Cause for Concern

Directed by Ryan McPherson / 2002 / USA / IMDb

There is one report of customs confiscating a DVD of BUMFIGHTS: A CAUSE FOR CONCERN in 2005.

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The Burning

Directed by Tony Maylam / 1981 / USA / IMDb

Filmways presented a 90m pre-cut 35mm print of THE BURNING to the censors in December 1981. It was rated R, with no further cuts.

The cut Thorn EMI video release was reviewed in 1984, and confirmed as an R at 89m. The actual running time was 87:14, which compares with 87:26 for the uncut British release, which was also on Thorn EMI. This indicates that the Australian VHS was slightly censored.

 

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Bury Me an Angel

Directed by Barbara Peters / 1971 / USA / IMDb

This film has never had problems with the Australian censors. It is included because the distributor released a censored print.

 

House of Dare had BURY ME AN ANGEL passed with an R-rating in 1974 in a print running 84m.

This was then released on tape by VCL, and was reviewed in 1984, and confirmed with an R-rating running 72m. We do not know where the quoted time came from as the VCL video actually runs 84:24.

This VCL tape is censored at approximately the 55m point where Dixie dreams about shooting the killer of her brother. A shotgun blast to the face has been removed.

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Next Films: Bad Taste (1987)

 

 

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