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Note: Some Links May Have Been Removed.
21.12.03 MA15+ to A15+ Accompanied.
CA Panels.
IRREVERSIBLE R18+
SILVERBALL PRO RC to M.
iTOUCH Machine RC.
Nudity in Games.
Don Chipp at SEXPO.
Eros Journal Vol.4 No.2.
BODY ILLUSION RC to X18+.
Project Gotham Racing 2.
MANHUNT B
anned in NZ.
NINJA SCROLL R4 U
ncut!
WITCHFINDER GENERAL R4.
Double vision
R4 DVD.
A
rgento's PHANTOM.
SCAG (Censorship) Annual Report 2002-03 More
15.11.03 KILL BILL R18+.
2002-2003 Annual Report.
New Review Board Member.
KEN PARK in Sydney.
KEN PARK DVD's.
M.Pomeranz Award.
BODY ILLUSION RC.
Amusement Machine RC.
Hentai & Customs.
Russ Meyer & the Censors.
UK TOKYO DECADENCE DVD.
UK INTRUDER DVD. More
05.10.03 KEN PARK in Hobart.
STUD PUPS # 6 RC.
CC QUICKIES Revised.
Ratings Conference Reports.
INTENSE HAMMER RAGE.
DRILLER KILLER scans.
NEKROMANTIK 2 & Customs.
Censorship Law Links. More
05.09.03 SNATCHED - Censorship Book.
2 More HC RC.
SPIN THE BOTTLE Revised.
X18+ in NSW.
EROS JOURNAL Vol.4 No.1.
50th SFF Censorship Debate.
New DVD Releases.
Deicide vs DARYL.
Sydney Ratings Conference. More
17.07.03 July/Aug DVD Releases.
WILD HONEY 3 RC.
KEN PARK:The Story So Far... More
15.07.03 KEN PARK, KEN PARK, KEN...More
21st December The November meeting of the Censorship ministers produced the following two communiqués. 

In the first they explain the reason behind the change of name of the MA15+ rating, to A15+ accompanied.

Commonwealth, State and Territory Censorship Ministers have agreed to change classification laws to better inform the community about strong material in films and computer games.

The MA15+ classification will now be called A15+ Accompanied.

Ministers agreed that A15+ Accompanied, in conjunction with the message that children under 15 must be accompanied by a parent or an adult guardian, would more effectively communicate the appropriate audience for the material.

The name change is to emphasise the meaning of this category. The change will not affect the way the Classification Board makes decisions.

Ministers are determined to make the classification scheme work to protect minors from material that may be harmful or disturbing. The change will help parents make informed choices for themselves or those in their care.

The change to A 15+ Accompanied will also assist cinemas, video outlets and retailers to enforce the restriction on supply of A 15+ material to children under 15
years of age who are not in the company of their parents.

The decision was based on research by the Office of Film and Literature Classification, which found that Australian consumers did not understand the difference between the MA15+ and M15+ classifications.

Further research undertaken by the OFLC in May 2003, including a community sample, indicated near unanimous support for A15+ to replace MA15+.

Ministers also agreed to the introduction of consistent classification categories for films and computer games.

Legislation to give effect to the change will be introduced into the Commonwealth Parliament later this year.

The OFLC will also engage in strategies, in consultation with industry, to ensure the community understands the meaning of the classification categories for films and computer games.

******


In the second they announce another round of community assessment panels.

Commonwealth, State and Territory Censorship Ministers today agreed to a further round of community assessment panels to ensure the Classification Board is making decisions regarding films and computer games in accordance with community standards.

The community assessment panels, made up of independently selected members of the community, will provide their opinion on the classification and consumer advice of some films and computer games classified by the Classification Board.

The panels will meet after the Board has made a decision, but before the film or computer game is publicly released. The panels will apply the same criteria the Board uses when making classification decisions.

In order to provide input from a broad cross-section of the Australian population, this round of panels will be conducted in Alice Springs, Melbourne and Canberra.

The panels will be convened by independent research consultants in the first half of 2004.

Previous community assessment panels, undertaken in Sydney, Brisbane, Perth, Adelaide, Wagga Wagga and Bendigo from 1997 to 2000, found overall high levels of agreement between the panels and the Board.

******

On November 26th the OFLC passed IRREVERSIBLE uncut with an R18+ (Strong Sexual Violence, Graphic Violence, Sexual Activity). The newly formed Accent Film Entertainment plan to screen the film in February/March 2004. The following article claims that it:

".....caused a lot of consternation at the censorship authority, which kept the film for an unprecedented three weeks."

Dean O'Flaherty from Accent Film Distributors is also quoted as saying that the OFLC:

".....did tell us it was one of the most controversial films to go through the OFLC since Pasolini's Salo"

Shocking film's R-rating. Sydney Herald-Sun 09.12.03 (ARCHIVED)

IRREVERSIBLE toured around the country earlier in the year as part of the French Film Festival. Apart from some minor problems in South Australia, it screened with no problems.

******

A mentioned in the last update the SILVERBALL PRO AMUSEMENT MACHINE was Refused Classification in October. The applicant appealed the decision and won. This is the OFLC press release on the subject.

21 November 2003
NEWS RELEASE

Classification Review Board determines Silverball Product Version 8 M15+

A three-member panel of the Classification Review Board met today to finalise its determination. The Review Board unanimously determined that the computer game, Silverball Product Version 8 is classified M15+ with the consumer advice "Contains some nudity".

Material classified M15+ is not recommended for persons under 15 years of age. It is an advisory category.

The Review Board convened in response to an application from the applicant, which sought leave to be represented by Gary Robb & Associates.

In reviewing the classification of Silverball Product Version 8, the Review Board worked within the framework, and applied the provisions of the

The Review Board is an independent merits review tribunal. It meets in camera to hear applications for review of decisions of the Classification Board.

 

Despite SILVERBALL being cleared by the Review Board, the OFLC then went and banned another machine. The Canadian iTOUCH Amusement machine was Refused Classification in November. The Australian distributors are JVL Entertainment.

The descriptions of the Erotic games found on the company website look very similar to those on the SILVERBALL machine. 

******

On a related note, Anthony Larme from the Games Censorship Collection site has been kind enough to send in this correspondence he had with Des Clarke of the OFLC. 

On 19 May, I sent an email message to the OFLC to ask them a few important questions re: their new combined Film and Games Guidelines.

This was the most important part of my email:

*****
I am intrigued by the possibilities of your revised computer games
guidelines.

They now allow for the presence of nudity and simulated sex in non-medical education situations (providing such scenes are not "rewards").

Previously, such material was rated RC and various games were banned to everyone as a result.

So, does that mean games banned for such reasons are now able to be sold/imported?

If not, then why are these games still banned when newer games with identical content would be permitted? Why such a contradiction for games containing exactly the same material?

Also,

What are some factors that would lead the OFLC to believe a particular nudity/sex scene in a game was a "reward"?

And what about interactive DVDs? Some of these contain interactive storylines. Are these now "games" or "movies" to you? eg : "Tender Loving Care" (in 1999 banned as a cd-rom game but allowed as MA as an interactive DVD despite the fact it contained exactly the same interactive scenes).

*****

I received this response from Des Clark, the Director, on the 25th of this month:

*****

15803
03/9005
Mr Anthony Larme

Dear Mr Larme

I refer to your email of 19 May 2003 regarding the classification of computer games under the combined Guidelines for the Classification of Films and Computer Games (the Combined Guidelines). I apologise on the delay in my reply.

The national classification scheme is a cooperative scheme between the Commonwealth, States and Territories. The Classification Board classifies films (including videos and DVDs), computer games and certain publications. When making decisions, the Board applies criteria in the Classification (Publications, Films and Computer Games) Act 1995, the National Classification Code and the classification guidelines. Commonwealth, State and Territory Ministers with censorship responsibilities agree to the Code and the guidelines.

The Combined Guidelines, which came into operation on 30 March 2003, are the product of a review of the classification guidelines for films and computer games to ensure that they continue to reflect community standards. In the course of the review process, the Office of Film and Literature Classification received 372 submissions from the public, the film and computer games industries, and community and professional organisations. Censorship Ministers noted the sentiment expressed in many of the submissions that both the previous guidelines, and the draft combined guidelines which were distributed with the review discussion paper, lacked simplicity, transparency and clarity.

The Combined Guidelines have consequently been simplified and streamlined so that they can be more workable and transparent. A language consultant, Professor Peter Butt of the Faculty of Law, University of Sydney, has confirmed confirmed that the Combined Guidelines were simpler, clearer and easier to use. I have included a link to the Combined Guidelines for your information.

I note your understanding that the Combined Guidelines now allow for the presence of nudity and simulated sex in non-medical situations. This is not correct. I would like to emphasise that the standards from the previous guidelines have not changed. The Combined Guidelines provide a clearer hierarchy for decision-making by the Classification Board.

Under the Combined Guidelines, the MA classification provides that sexual activity may be implied and that nudity should be justified by context. The impact of depictions of both sexual activity and nudity within the MA classification should be no higher than strong. Computer games including material which exceeds the MA category will continue to be refused classification (RC).

In the previous guidelines, nudity including genital detail was permissible within the MA classification but only if there was a ‘bona fide' educational, medical or community health purpose. While this qualification is no longer specifically listed in the Combined Guidelines, the Board must still consider whether depictions of nudity are justified by context. Interactivity may restrict the circumstances in which nudity and sexual activity is justified by context, for example, if depictions of nudity and sexual activity are related to incentives or rewards.

In your email, you ask about the status of games classified under the previous guidelines. Existing classification decisions stand unless the Board determines a need for reclassification. Reclassification can be undertaken at the initiative of the Board or by the request of the Attorney-General two years after the original classification decision was made.

In your email, you also ask what would lead to a determination that depictions of sexual activity or nudity constitute a reward. This is a matter for the Board to determine on a case-by-case basis. This issue has not yet arisen under the Combined Guidelines.

You also question the difference between an interactive DVD and a computer game and how they are classified. The Classification Act provides a definition of "interactive film" and "interactive game". An interactive game is "a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player". An interactive film "enables a person using it to choose from 2 or more visual images, the image that will be viewed". Both interactive films and interactive games are classified in accordance with the Combined Guidelines.

I note you refer to the game Tender Loving Care. On 30 July 1998 the Board considered a computer game sale/hire application for the interactive thriller. In applying the previous Guidelines for the Classification of Computer Games, the Board was of the opinion that the game warranted an RC classification due to the depictions of sexual activity. The previous computer game guidelines provided that material including gratuitous nudity and sexual activity must be refused classification.

On 3 April 2000, the Board considered a film sale/hire application for a DVD version of Tender Loving Care. Under the previous Guidelines for the Classification of Films and Videotapes, the Board was of the opinion that the game warranted an MA classification due to adult themes of a high intensity. The Guidelines provided that within the MA classification, sexual activity may be implied, nudity should not be exploitative and the treatment of themes with a high degree of intensity should be discreet. The content of the DVD falls within the MA classification for films and videotapes.

I hope this information assists you.

Yours sincerely
Des Clark
Director
15 July 2003

*****
My comments:

**So, presumably, interactive movies on DVD such as Tender Loving Care or Point of View are "interactive films" while inevitably
controversial games such as "Postal 2" are still "games"?

** Perhaps the OFLC could reclassify RC games like cd-rom "Tender Loving Care" and "Phantasmagoria" and the censored version of its sequel on its own initiative? Surely, they would pass under the present guidelines? Apparently, the original distributor need not reapply. But, that's still a "limbo" area in that these games are still, strictly speaking, illegal to sell/import even if they would likely be allowed these days.

** These new guidelines are indeed largely untested when it comes to games and similar products. Let's see how they deal with "rewards" and the issue of the same game being released on different formats..... At least they will be forced to consider contextual issues for games - something not permitted under the older guidelines!

** I thank Des Clark for his response!

You can contact Anthony through his website if you have comments on any of the issues raised here.

It's worth noting that it is OFLC policy to reply to any correspondence within 30 days. So any questions, comments etc should receive some sort of a reply.

******

Don Chipp (the father of R18+) appeared at the Melbourne SEXPO to speak out against increasing censorship.

Chipp off an old block . The Age 26.11.03

An old warrior against censorship takes up the cudgels, again, this time as part of Sexpo, writes William Birnbauer.

Sex is on Don Chipp's mind, together with the double standards he's seen. He's recalling the 1970s when sex and what Australians could watch and read was a battlefield, and he was taking on wowsers to the left and the right.

As the minister responsible for censorship, he managed to introduce the "R" rating for film classifications, allowed the musical Hair to be staged, let Lady Chatterley's Lover into the country, and approved the importation of sex aids.

***

(ARCHIVED) Moral health safe with Sexpo. Australian Financial Review 27.11.03 

***

Famous and curious pay homage at shrine to sexual freedom. The Age 28.11.03

When David Ross started Sexpo in Melbourne in 1996, it was women he was trying to lure.

Men came in their droves. Women have taken a little longer to catch on. This year, however, Mr Ross estimates that 40 per cent of the anticipated 70,000 visitors will be women.

It was "Ladies Day" yesterday on the opening day of Melbourne's eighth Sexpo, which runs until Sunday at the Exhibition Centre.

***

The full text of the speech that Don made on November 27th  is available at the Eros site. It is divided into two parts.

Hear No Evil Pt.1

Hear No Evil Pt.2

******

Volume.4 No.2 of the Eros Journal was released to coincide with the Melbourne Sexpo. Some of the articles are available on-line, but support these guys and subscribe.

The following article appears in the latest issue and reports on F*** Nile's push to outlaw Category One publications in NSW.

Nile's New Magazine Legislation. Eros Journal Vol.4 No.2

Nile is also preparing to fight the legalisation of X18+ in NSW.

Who Sets NSW’s Moral Agenda? Eros Journal Vol.4 No.2

******

BODY ILLUSION, the Adult video which was Refused Classification in November has now been passed with an X18+. To achieve this rating Calvista had to edit it from 88 to 86mins.

******

NSW State Labor MP Paul Gibson is not very happy about the G rating given to the Xbox game Project Gotham Racing 2  

"This game sends the wrong message to young people. It is actually glorifying speed and power," Mr Gibson said. "It is clearly an inappropriate depiction of speed behaviour. If I had my way I would ban it."  

MP demands ban on video hoons . Sydney Sun-Herald 16.11.03

Xbox must be delighted with Mr Gibson's little outburst.

******

MANHUNT has become the first game ever to be banned in New Zealand. 

The following statement was issued by the New Zealand Office of Film and Literature Classification. None of the following applies to Australia. It was rated MA15+ (Medium Level Animated Violence) back in October. 

How the banning of Manhunt affects you.

A classification of "objectionable" means that the game is banned in New Zealand because the Office determined that its availability was "likely to be injurious to the public good."

Every classification is tailored to remedy the injury that could be caused if a publication were to be made available to the public. The injury that the Office found Manhunt likely to cause could not be remedied by anything short of a ban. The legal consequences that flow from a ban reflect the gravity of the harm likely to be caused by the game's availability.

In this case, the Office decided that

the freedom of expression is outweighed by likelihood of injury to the public good that could result from this game's availability. The length of time it takes to complete the game, and the necessity to repeat the killings in ever more gory fashion on each level if one does not complete that level at first attempt, increases exposure to material that initially disturbs, but which must be accommodated, to complete the game. A player's power both to initiate violence and to control the level of violence is part of the process by which this accommodation is made. To succeed in this game, a player, regardless of age or maturity, must learn over an extended period of time to acquiesce in, tolerate, or even enjoy, the violence he or she inflicts.

One of the consequences of the ban is that it is now illegal to possess Manhunt in New Zealand. Anyone who possesses this game is liable to a fine of $2,000 (s131). Anyone who possesses Manhunt and exhibits or displays it to someone under the age of 18 is liable to imprisonment for one year or a fine of $20,000 (s127).

Anyone who supplies, distributes, exhibits, displays, supplies, possesses for the purpose of supply or advertises Manhunt, knowing that it is objectionable, could be imprisoned for up to a year or fined $20,000. Incorporated distributors and retailers could face a fine of $50,000 (s124).

A game classified as "objectionable" cannot be legally imported either. Objectionable publications, including Manhunt, are "prohibited imports" under the Customs and Excise Act 1996. The Customs Service has the power to seize all prohibited imports, regardless of how they arrive at the border. A person who buys Manhunt on an overseas trip and tries to bring it into New Zealand, and anyone who has ordered it from a website, risks not only having the game seized, but also 6 months in jail or a fine of $10,000 (s209 of the Customs and Excise Act).

Bans are not lightly entertained. When they are imposed, it is because the Office can see no other way of mitigating the risk of injury to the public good. In this case, the need to protect the greater public good from injury required the sacrifice of the right of individuals to entertain themselves with Manhunt's gameplay of sadistic and gory killings.

New Zealand had previously been more liberal than Australia with games ratings. The full versions of GTA 3 and GTA: VICE CITY were released there, but modified here.

******

NINJA SCROLL has finally been given an uncut R4 DVD release. This Special Edition replaces the BBFC censored Madman/AV Channel disc.

******

The 80's  Australian Merlin video release of Michael Reeve's WITCHFINDER GENERAL was also a censored BBFC print. Umbrella Entertainment have now issued the full version on R4 DVD. This review  explains some of the censorship problems the film has had over the years.

******

Finally, a couple of non-OFLC censorship issues.

A new addition to the database is the Taiwanese film, DOUBLE VISION. This has been released in Australia in the cut 110min version, as opposed to the full 113mins.

 

On Thursday 18th December, the World Movies Pay-TV channel premiered SLEEPLESS, Dario Argento's latest. As is had never been rated by the OFLC, the channel gave the uncut version an R18+ rating. 

His previous film, THE Phantom of the Opera, Premiered on the Foxtel's Showtime back in January. The channel's censors had imposed just over 20 seconds of cuts. These were most obvious where the Phantom bites the girls tongue off, and the decapitation of the rat catcher.

As it has never been rated by the OFLC, Showtime decided to award the film an MA15+. Since this is the highest rating that they can screen, I would assume they judged it as R18+ without the cuts.

In November 1999 an uncut version screened twice at the Sydney Italian Film Festival. It later received an unofficial video release (with fake MA15+) from an Australian "no-name" label.

******

The latest Standing Committee of Attorneys General (Censorship) report is out now. Unfortunately the proposed R18+ for games got voted down by SA Attorney General Michael Atkinson.

ANNUAL REPORT STANDING COMMITTEE OF ATTORNEYS-GENERAL CENSORSHIP 2002 – 2003 

Introduction 

This report contains significant decisions made by the Standing Committee of Attorneys-General (SCAG) Censorship during the 2002-2003 reporting period. It is presented in accordance with the reporting requirements under the Procedures for SCAG which reflect the Broad Protocols for the Operation of Ministerial Councils. Under the Broad Protocols, all meetings of SCAG are confidential unless otherwise agreed by Ministers. Commonwealth, State and Territory Ministers with censorship responsibilities have approved this report for public release. 

National Classification Scheme 

The national classification scheme is a cooperative arrangement between the Commonwealth, States and Territories. The scheme assists Australians to make informed choices by classifying some entertainment products. The scheme was established by the Classification (Publications, Films and Computer Games) Act 1995. This Act provides that the Classification Board classifies films (including videos and DVDs), computer games and certain publications. The States and Territories enforce classification decisions under their respective classification enforcement legislation.

SCAG-Censorship 

The censorship component of SCAG oversees the national classification scheme.

 Under paragraph 7 of the Intergovernmental Agreement on Censorship (1995), subject to the agreement: 

(a) any decision to be made by the Ministers in relation to the scheme; or 

(b) the consideration by the Ministers of other matters related to the administration of the scheme 

is to be effected through SCAG in accordance with its procedures. 

The Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth confers on participating Ministers a collective responsibility to agree to amendments to the national classification code (section 6) and determine guidelines (or amendments to such guidelines) to assist in the application of the criteria in the National Classification Code (section 12). Ministers deal with these matters at SCAG meetings. 

Under section 90 of the Classification (Publications, Films and Computer Games) Act 1995, Ministers may enter into an agreement regarding payments in respect of the administration by the State or Territory of the national classification scheme. This is met through the Intergovernmental Agreement on Censorship.

The Act requires consultation with participating Ministers about principles for serial publications (section 13(4)); principles for fee waiver (section 91(1A)); and appointments to the Classification Board (section 48(3)) and Classification Review Board (section 74(3)). This consultation generally occurs outside SCAG meetings. 

The censorship component of SCAG does not exercise any statutory decision making functions under the Trans-Tasman Mutual Recognition Arrangement as the products classified under the Classification (Publications, Films and Computer Games) Act 1995 are exempt from the arrangement under the Trans-Tasman Mutual Recognition Act 1997. 

Members 2002 – 2003 

SCAG-Censorship meetings involve Commonwealth, State and Territory Ministers with censorship responsibilities. 

At the end of 2002 – 2003, the Ministers responsible for censorship were all Attorneys-General, with the exception of the Queensland member (Minister for Tourism, Racing and Fair Trading) and the Western Australian member from 27 June 2003 (Minister for Police, Emergency Services and Justice). 

The Hon Daryl Williams AM QC (Commonwealth) 

The Hon Jon Stanhope (ACT) 

The Hon Bob Debus (NSW) 

The Hon Dr Peter Toyne (NT) 

The Hon Merri Rose (QLD) 

The Hon Michael Atkinson (SA) 

The Hon Judy Jackson (Tas) from 9 August 2002 

The Hon Dr Peter Patmore (Tas) – until 8 August 2002 

The Hon Rob Hulls (Vic) 

The Hon Michelle Roberts (WA) – from 27 June 2003 

The Hon Jim McGinty (WA) – until 26 June 2003 

The Hon Margaret Wilson (NZ) 

The Hon Paul Holloway (SA) was Minister from 30 June 2003 to 29 August 2003. 

The Hon Philip Ruddock MP was appointed Australian Attorney-General on 7 October 2003. 

Meetings SCAG-Censorship met three times during the reporting period to discuss censorship matters. These meeting took place on: 

• 26 July 2002 in Cairns; 

• 7-8 November 2002 in Fremantle; and 

• 10 April 2003 in Melbourne. 

Censorship Officials met to develop issues for the consideration of Ministers prior to each meeting. Officials also met on 26 June 2003 to consider common enforcement issues and opportunities to harmonise enforcement legislation. 

Decisions 

The significant decisions of Censorship Ministers included: 

• Classification Guidelines Review process. At the July 2002 meeting, Ministers agreed that future guidelines review processes would include targeted small group consultations; 

• Notification of jurisdictions of decisions of the Classification Review Board to refuse classification of films. At the July 2002 meeting, Ministers agreed that all jurisdictions would nominate two officers to receive notifications; 

• Determined Markings. At the July 2002 meeting, Ministers noted that the determinations for films and computer games would be updated to ensure a consistent set of classification symbols for films and computer games; 

• Review of the ARIA Code of Practice. At the November 2002 meeting, Ministers endorsed proposals presented by the Australian Record Industry Association and the Australian Music Retailers Association to establish a new three tiered labelling system, including a level for audio material restricted to persons over 18 years of age; 

• Review of the Classification Guidelines for Films and Computer Games. Ministers agreed to the Combined Guidelines presented at the November 2002 meeting; and 

• Legislative amendments to implement the Combined Guidelines. At the April 2003 meeting, Ministers agreed in principle to the amendments. Communiqués Four communiqués were released by SCAG-Censorship during the reporting period. 

The communiqués were: 

• Ministers agree to further steps towards streamlined classification guidelines (26 July 2002); 

• Ministers reject R18+ classification for computer games (8 November 2002); 

• Combined Guidelines for Films and Computer Games (12 November 2002); and • New labels for Audio Recordings (12 November 2002). Copies of the communiqués are provided as an appendix to this report.

COAG 

Under the Broad Protocols for the Operation of Ministerial Councils, Ministerial Councils should make available a summary of Council outcomes to Head of Government though the Chair of COAG after each Council meeting, if requested. 

There were no requests received from COAG during the reporting period.

Secretariat 

The Office of Film and Literature Classification provides secretariat and policy support for SCAG-Censorship meetings. During the reporting period, Mr Paul Hunt, Acting Deputy Director, Classification Board, performed secretariat functions for SCAG-Censorship on a part-time basis. The current secretariat contact for SCAG-Censorship is: Ms Patricia Flanagan Senior Executive, Strategy and Communication Locked Bag 3 HAYMARKET NSW 1240 Telephone: (02) 9289 7100 Facsimile: (02) 9289 7101 Email: oflcswitch@oflc.gov.au 

 

15th November Des Clark was not very happy with Quentin Tarantino making fun of the Australian classification system.

Tarantino had this to say about the R18+ (MEDIUM LEVEL VIOLENCE) rating awarded to KILL BILL.

"That's why God invented video and ... multiplexes for kids to sneak into R-rated movies," he said, adding with a provocative laugh that he was surprised the consumer advice was that Kill Bill had only medium-level violence.

"How violent are the movies here when this is 'medium'? " 

Des Clark responded:

"He shouldn't be making comments like that because he's talking about a classification system that was designed for Australians and is highly regarded by the Australian community,"

Tarantino accused of urging teenagers to break censorship law. SMH 17.10.03

A suggestion by the Hollywood director Quentin Tarantino that teenagers sneak into his latest film or catch it on video was yesterday criticised as "totally inappropriate".

The director of the Office of Film and Literature Classification, Des Clark, said Tarantino was encouraging young people to break the law. "He shouldn't be making comments like that because he's talking about a classification system that was designed for Australians and is highly regarded by the Australian community," he said.

******

The 2002-2003 Classification/Review Board Annual Report was tabled in Federal Parliament on October 30th. The report can be downloaded from the OFLC website. Those of you in Sydney should be able to pick up a copy directly from the OFLC office. 

******

On November 7th the Attorney-General announced the appointment of a new member of the Review Board.

Attorney-General Philip Ruddock today announced the appointment of Mr Rob Shilkin as a part-time member of the Classification Review Board.

The Classification Review Board is responsible for reviewing classification decisions regarding films, publications and computer games made by the Classification Board on behalf of the Australian Government and State and Territory Governments.

"I am pleased to announce Mr Shilkin's appointment as I believe his experience and skills will be valuable to the Classification Review Board's work," Mr Ruddock said.

Mr Shilkin has a Bachelor of Economics and Bachelor of Laws (Honours) from the University of Western Australia.

He has worked as a solicitor for major law firms in Perth and in Melbourne and is currently employed as a senior solicitor with Clayton Utz, Sydney.

Mr Shilkin's appointment is for three years, starting on 6 November 2003.

The Classification Review Board is a part-time Board that meets in Sydney at the Office of Film and Literature Classification.

******

October 29th saw another underground screening of KEN PARK. The film was shown to an audience of around sixty people who had been informed through word of mouth.  The event was organised by the Sydney University Film Society and was attended by several academics.

******

On November 8th, Free Speech Victoria presented Margaret Pomeranz with their 2003 Voltaire award. It was given for her efforts for trying to screen KEN PARK back in July. 

Film ban prompts award. SMH 02.11.03

Television movie critic Margaret Pomeranz will this week receive an award in Melbourne for an unsuccessful attempt to publicly screen a banned film that depicts teenage sex, incest and auto-erotic asphyxiation.

The Melbourne-based group, Free Speech Victoria, will honour the co-host of SBS television's The Movie Show with an award named for the 18th-century French writer, Voltaire, at a function on Friday.

Broadcaster Terry Lane, president of the group, which represents barristers, journalists, academics and others, said this year's award was to be presented "because of that act of civil disobedience" in which police shut down a screening of Larry Clark's Ken Park at Sydney's Balmain Town Hall in July.

"We wanted to recognise that and also to just make a statement about censorship in general," Mr Lane said. He had not seen the film and believed that none on the committee that chose Ms Pomeranz had seen it.

******

Official KEN PARK DVD releases are now beginning to appear around the (free) world. An uncut R2 discs is out now in Greece from Fortissimo. There is also a R0 Russian disc that is also complete.

The Hong Kong disc on the Megastar label is getting quite a bit of publicity, maybe because it's relatively cheap. Although this release has an uncut running time, all the sex scenes have been pixelated. This is presumably a tactic that an Australian distributor could use.

******

On November 4th Calvista had a video titled BODY ILLUSION (2002) rated RC. This 88min American Hardcore feature was directed by Cash Markman. 

It's interesting to see the Adult Industry again leading the way with use of technology. The OFLC has just banned BODY ILLUSION, but it is being offered on US websites as:

"VOD Streaming: Stream this movie now at 200K or 350K. - 7 Days unlimited Access

VOD Download: Download this movie with near DVD quality picture. - 30 Days Unlimited Access"

This is obviously not an illegal dupe like the KEN PARK copies that are being downloaded from the net. This is another example of how difficult censorship is going to be in the future.

******

In October the OFLC gave an RC rating to Version 8 of the SILVERBALL PRO AMUSEMENT MACHINE. The applicant was a Sydney Company called LJ Digital World. They describe themselves on their website as:

 "Australian suppliers of the surprisingly innovative SILVERBALL PRO amusement machines to the club and hotel industries" 

The machine contains over 100 games, some of which are described as Erotic on the SILVERBALL website. Version 8 also promises the following ten new games:

- Space 11 (card game*)
- Flash 8 (card game*)
- Changer (strategy game*)
- 1942 (action game*)
- Phoenix (action game*)
- Nebulus (action game*)
- Puzzle (picture game*)
- Crosswords (quiz game*)
- Puzzle Girls (erotic game*)
- Puzzle Boys (erotic game*)

Amusement machines are regarded as computer games by the OFLC, and sex is banned in the highest game rating, MA15+ (BMX XXX, GTA:VICE CITY). This would seem to be the reason for the Refused Classification rating.

The following news was posted on the OFLC website. I've yet to hear what the outcome was of this Review.

An application for review of the Classification Board’s decision to refuse classification for the computer game Silverball Product Version 8, which has sought leave to be represented by Gary Robb & Associates.

The Review Board will meet on 6 November 2003 to consider the application. The Review Board will be constituted by the Convenor, Ms Maureen Shelley, Ms Jan Taylor and Ms Dawn Grassick.

The Review Board’s decision and reasons for its decision will appear on the OFLC website when finalised.

Maureen Shelley
Convenor
Classification Review Board

******

A couple more customs confiscations to add to the list:

Nightmare Campus: A Total Nightmare

Cool Devices Volume 5-8 

Sexual Violence is always the reason that Japanese Animation has problems with the censors. Since the 1994 RC rating for Urotsukidoji- Legend of Overfiend (the first animated feature to be banned!), the following titles have had trouble with the OFLC/Customs. 

bulletUrotsukidoji- Legend of Overfiend  (Rated RC, cut for R18+)
bullet Urotsukidoji 2-Legend of Demon Womb (Rated RC, cut for R18+)
bulletCrying Freeman-The Impersonator/The Russian Connection (Chapters 5 and 6) (Rated RC, cut for R18+)
bulletADVENTURE KIDS (Rated RC, cut for R18+)
bulletViolence Jack-Evil Town (Rated RC)
bulletNINJA SCROLL (MA15+ rating raised to R18+)
bulletINMU BOX SET (Customs Confiscation)
bulletINMU 2 BOX SET (Customs Confiscation)
bulletvicious box set (Customs Confiscation)

******

To coincide with last months Australian DVD debut of Russ Meyer's BEYOND THE VALLEY OF THE DOLLS, an entry has now been added to the database. This is a film that had a strange history in this country. The censors rated it RC as recently as 1989, but not for the reason you may think.

Also new to the database are two more Russ Meyer films. SUPERVIXENS and UP! both had censorship issues in the late 70's, early 80's. It's probably fair to say that today they would have no such problems.

******

On November 10th TOKYO DECADENCE received a UK DVD release from Blue Light. It looks to be heavily cut, with a running time of under 90mins. It was banned in Australia in 1992.

Scott Spiegel's INTRUDER was also initially banned, but in 1989 it escaped with an R18+ after cuts were made. At the time the British Censors also demanded cuts. Now they have finally passed it uncut, and on November 17th it will see a DVD release on the Hardgore label.

5th October KEN PARK has been back in the news. This time it has been screening in Hobart.

(ARCHIVED) Tassie defies film censor. The Mercury 10.09.03 

***

Banned Ken Park gathers following. The Age 12.09.03

More than a hundred people gathered in Hobart last night to watch a protest screening of banned United States film Ken Park.

The screening - described as the film's biggest in Australia - was held in a former school building, and followed protest showings in Melbourne and Sydney.

An organiser of the screening, who asked not to be named, said it had been a protest against Australia's censorship laws.

''We will continue to show films that were refused classification if we believe the board has made the wrong decision,'' he said.

He said the film had been downloaded off the internet.

NSW police stopped a public screening of Ken Park in July.

A Tasmania police spokesman said police had received no specific complaint about the showing of the film.

***

(ARCHIVED) Banned film screens. The Mercury 12.09.03 

******

Blue Diamond have had another Gay Hardcore DVD Refused Classification. STUD PUPS #6: BEST OF SHOW was rated RC in July.

COCK CRAZY QUICKIES has now been passed with an X18+. An 87min VHS was banned back in June. Calvista cut it down to 85min to escape an RC rating.

******


The OFLC organised International Ratings Conference was held in Sydney in September. Some of the papers that were presented can be found at the OFLC website.

In the speech by the Attorney General Daryl Williams he claims:

"The Classification Board classified 5559 commercial films, computer games and publications in the last financial year. Of that number, the Board only banned 42 items."

He then goes on to add the following disclaimer.

"Does not include 33 decisions regarding online content; 247 decisions regarding items referred by enforcement agencies and the police; and 29 advices to the Australian Customs Service."

What about all huge amount of adult titles that are pre-censored before being rated by the OFLC. If this was not done then they would be banned. Remember, just because the OFLC database lists a film as an ORIGINAL version, it does not mean it has not been cut before submission.

This is a selection of the media coverage of the event.

Call for review of game classification guidelines. ABC Online: 7.30 Report 16.09.03

The games industry and the Office of Film and Literature Classification think the system is working very well.

DES CLARK, OFFICE OF FILM & LITERATURE CLASSIFICATION: In the advice we give, most of it is directed at parents and saying, "Look, here we've made these recommendations to you. It's up to you how you are going to use them and interact with your children in applying that advice."

***

Overseas censors say Aust too strict on computer games . SMH 22.09.03

Australian censors were too uptight about the supposed dangers of violent computer games, overseas delegates told a classification conference in Sydney today.

Under Australian Office of Film Literature and Classification (OFLC) guidelines computer games can be banned on the basis their interactive nature makes them dangerous.

But the director of the Film Classification Board of Sweden, Gunnel Arrback, said Australians were getting carried away about the dangers of computer games.

But OFLC director Des Clark said the distinction between games and films was becoming blurred and the potential influence of games was growing.

"We tend to be extremely strict because of our guidelines on sexualised violence or where there are rewards for sexual violence, gross nudity and other sexual activity," he said.

"The ministers in adopting a classification system for games were of a view that the interactivity of games required them to be treated more strictly than films."

***

Study on sex and violence in films released. ABC Online: The World Today 22.09.03

***

Sex a legal nightmare for Big Brother. SMH 23.09.03

Lots of sexual tension but no actual sex was the key to avoiding legal nightmares and keeping both censors and viewers happy, the executive producer of Big Brother said today.

Southern Star executive producer Peter Abbott today said censorship inconsistencies created difficulties for reality TV shows like Big Brother, particularly when determining what level of sexual content could be broadcast.

"You can show sex between real people, as long as you don't say what it is," Mr Abbott told journalists at an Office of Film and Literature Classification (OFLC) International Ratings Conference in Sydney today.

***

Now for good news on video games. SMH 23.09.03

Video games get all the bad press but violence on television is more likely to lead to aggressive behaviour, a Queensland academic told a conference in Sydney yesterday.

Dr Jeffrey Brand, director of the Centre for New Media Research and Education at Bond University, said studies showed game playing was more cathartic than watching a violent program.

"We would argue that the play experience does dominate and allows players to actually ... vent frustration and senses of aggression while they play," Dr Brand said.

Speaking at a conference organised by the Office of Film and Literature Classification, Dr Brand said a player's aggression dropped as the game continued.

***

Film merchandise a concern for ratings classifiers. ABC Online: PM 23.09.03

DES CLARK: So you have everything being packaged up as one item. I think Lord of the Rings is another good example where you start with film footage and all of a sudden you're immersed in a game, and so, the community and classification authorities have to know how to deal with that so that we can give them good advice about what may be contained within those products.

JULIA LIMB: Des Clark is this week host to censors and classifiers from around the world who are meeting in Sydney to discuss the challenges that face those who rate what we watch and play.

DES CLARK: Violence is a major issue, sexualised violence is a bigger issue if it's contained in entertainment media, and the levels of violence or content that children may be exposed to is most important. So we may be somewhat more liberal at the R rating level but at the G and PG we are very, very cautious because of the impact on young people.

JULIA LIMB: Des Clark believes that Australia is leading the world in its ability to rate entertainment on the increasing number of mediums available, as new guidelines have been set up to cover films and games. But in Europe, while violence is a significant issue, particularly with relation to children, the classifiers do not see the need to look at mediums other than film.

***

Stop worrying about those violent online games - and start playing. SMH 25.09.03

Interactive entertainment has gone global, appealing to both genders and all ages, writes Douglas Lowenstein.

Despite the increasing appreciation of games as a new, valid form of artistic expression, they remain highly controversial. The reason is the perception that most games are extremely violent and thus harmful to children.

Violence has been a part of culture, literature and film for centuries, from the Bible to Shakespeare to Clint Eastwood. In the US, games reflect the culture in which we live, a culture where war is on cable TV and where guns are given away when you open a bank account.

******

As reported back in May, Tasmanian band INTENSE HAMMER RAGE had some problems with customs. Here's a nice article from ABC Online.

Does Freedom Of Speech Exist In Australia? ABC Online: 02.07.03

When Tasmanian band Intense Hammer Rage sent their latest album to be manufactured by a US record label they had no idea they'd be prosecuted for importing the finished product back into Australia.

About 200 copies of the CD, Avagoyamugs were seized by Customs officers because of the extreme cover artwork and printed lyrics about child pornography and other illegal acts. The three members of the band were each fined $500 under the Customs Act in the Burnie Magistrates Court. Further charges of possessing a child abuse product and selling an objectionable unclassified publication are yet to be heard.

******

Scans are now up for the two 80's VHS covers of DRILLER KILLER. Censored on its original release, now this would probably get passed the OFLC with no problems.

******


NEKROMANTIK 2 has been the target of another confiscation. This time customs have picked up a copy of the recent US disc from Barrel Entertainment. As always, keep these reports coming!

On a related note, I've included a link to the Customs (Prohibited Imports) Regulations 4A. This is the law under which "objectionable goods" can be seized.

Also added to the links page is Censorship and Classification in Australia. This is essential reading for those of you who want to know more about Censorship law.

******

Finally, I've made a small change to the Films A-Z page. Those films that have never had any censorship history with the OFLC or customs are now followed by *. 
 
Films such as VIDEODROME or NAKED VENGEANCE have been included because the distributor released censored versions. Whilst ZOMBIETHON and SCREAM GREATS VOLUME 1 were passed uncut by the OFLC, yet contain footage that they have previously cut.

This is an important distinction to make, and will hopefully clear up any confusion. 

5th September Helen Vnuk's book on Australian Censorship is out now.

SNATCHED: SEX AND CENSORSHIP IN AUSTRALIA
Helen Vnuk
ISBN: 1740510887 
Imprint: Vintage Australia
Price: $21.95 
Subject: General Non Fiction
Release: 1-09-2003 
Format: Paperback

‘It’s time we looked at how our censorship system got into this mess, and how we can create a better, fairer system.’

Description of the Book
For former editor of Australian Women’s Forum Helen Vnuk, being prevented by the Office of Film and Literature Classification (OFLC) from showing normal vaginas in a health story on plastic surgery was the last straw.

Material acceptable in arthouse films and lifestyle or women’s magazines is now deemed inappropriate for adult videos or magazines. Where did instructions demanding that vaginas be "healed to a single crease" to be acceptable for public viewing come from? How and why had the basic adult right to choose what we see and read been quietly snatched from us?

In SNATCHED: Sex and Censorship in Australia, Vnuk shows that the system of censorship developed over the past decade is built on poor academic theory and shoddy research, shaped by minority morals groups, slanted by intellectual snobbery and bogged down by bureaucracy. SNATCHED is a persuasive, balanced and engaging exploration of censorship by stealth.


The Sydney Morning Herald recently interviewed her.

The unmaking of a goody-goody . SMH 30.08.03

Life takes strange trajectories for some. Ten years ago, Helen Vnuk was a young university student, editor of the Catholic newspaper at her university, dedicated to her faith. Then she ran away, grew up and became editor of the now defunct Australian Women's Forum, where she measured angles of erect penises, airbrushed out body parts and pruned explicit adjectives from readers' letters.

***

X-rated? Outdated . The Age 19.09.03

Thirty-four years after Denmark decriminalised pornography, the sale of X-rated videos is still illegal in all Australian states - despite surveys consistently showing that at least two-thirds of Australians think non-violent sexually explicit videos should be legally available to adults. Small but powerful morals groups have been extremely effective in maintaining the pressure on politicians to keep X-rated videos illegal.

While many sex shops flout the law by stocking these videos anyway, the 640,000 Australians on adult video mailing lists do the right thing by ordering their porn from Canberra, where it can be legally sold.

Restrictions on the content of X-rated videos have become tighter since the introduction of new guidelines in September 2000.

All violence is now banned from X-rated movies - not just sexual violence, which has been illegal in this category since 1984, but any kind of violence unrelated to the sex. Movies are refused classification for scenes where someone is hit on the head off-screen or a gun is seen sitting on a table. Baise Moi, which contained graphic violence, including a man being murdered by having a bullet fired up his anus, as well as an explicit gang-rape scene featuring actual sex, would have been lucky to get a few minutes past the censors if it was submitted in the X category.

***

She also wrote one of my favourite media articles to appear during the recent KEN PARK controversy. 

Adult enough to do, watch and choose. SMH 07.07.03

Arguments over banned arthouse movies need to be placed in the context of the wider censorship of all sexually explicit films, writes Helen Vnuk.

It's outrage time again. Every year or two there's a big fuss about a movie being banned because of its explicit sex, or violence, or both.

Last time it was Baise-moi. This time it's Ken Park.

******

A couple more Hardcore features ran into problems in July and August.

Calvista received an RC for a VHS of HOT LATINAS (aka PRIVATE COMPILATIONS 47). It was finally passed with an X18+ when the running time was reduced from 86 to 84min.

A DVD of the Russian Gay Hardcore title, SOMETHING ABOUT DOLPHIN'S was also Refused Classification. The distributor, Blue Diamond Services has not resubmitted it.

******

As reported back in May, the DVD of SPIN THE BOTTLE / TRANSPOSED was Refused Classification. It was finally passed in August with an X18+.

Although the OFLC Database lists this transsexual title TRANSPOSED as the second feature on the RC DVD, the X18+ entry lists TRANSPOSED IN RIO. This is either an OFLC mistake, or Gallery Entertainment has substituted the title in order to get it passed.

******

Independent NSW MP Peter Breen intends to introduce a private member's bill to legalise X-rated films in NSW. 

"Classification (Publications, Films and Computer Games) Enforcement Amendment (X Films) Bill 2003.
An Act to amend the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to remove the prohibition on the sale of films classified "X"; to ensure that films classified "X" are only sold from restricted publications area; to increase penalties for allowing minors to access adult material; and for other purposes"

***

Peter Breen MLC
PRESS RELEASE 
Embargoed until Thursday 31/7/03

REFORMS TO NSW CENSORSHIP LAWS TO BE INTRODUCED INTO STATE PARLIAMENT

Upper House MP Peter Breen will announce a series of reforms to the NSW Classification laws this morning to coincide with the opening of the 20th Health Sexuality and Lifestyle Exhibition - Sexpo. The reforms are included in a private members Bill to legalise the sale of X-Rated videos and DVDs.

Mr Breen is introducing a package of amendments to the NSW Classification (Publications, Films and Computer Games) Act that will remove the prohibition on the sale of federally classified, non violent erotic X-Rated videos and DVDs and allow NSW adults to choose for themselves for the first time in 20 years. The proposed new laws will also ensure that X-Rated videos and DVDs are will sold only from council-permitted and age-restricted premises. Penalties for allowing minors to access adult or inappropriate material will be increased.

Federally classified X-Rated material is currently subjected to a unique and confusing set of guidelines in NSW where it can be legally possessed and purchased but not sold. No other product in the state is subject to the same set of conditions. These irregular and illogical conditions of sale have now led to the creation of a huge black market in adult films where they are not only available from adult shops but can also be easily found in petrol stations, regular video stores, through home delivery services, in hotel in-house movie systems and in many other retail outlets.

"I support the Premier's current view of censorship in that I do not believe in telling adults what they can and cannot watch," said Mr Breen, "but I also do not believe that children and those who may be offended by adult material, should find it sold in family stores. My Bill does two things. It gives NSW adults the freedom to legally access federally classified films that have no violence but show explicit consenting sex. It also cracks down on the black market in unclassified and objectionable material by regulating sale of the material through proper and officially approved outlets," he said.

Currently the unlawful sale of X-Rated videos and DVDs in NSW attracts a potential gaol sentence and up to $10,000 in fines. Industry figures estimate that more than two million adult videos are sold illegally in NSW each year. Police are not enforcing the law because the black market is so large, and because violent crimes have a higher priority than moral crimes where there are no victims. Many police officers also legally possess the same films they are being asked to arrest people for selling, causing a major problem of conscience for some officers.

"Even though more than two million adult films are sold illegally in NSW every year, convictions are extremely rare. A recent Parliamentary paper found that over a 5 year period only 38 convictions were recorded and of those, 19 offenders received small fines," Mr. Breen said.

Mr Breen's Bill will also make it more difficult for retailers to distribute material that has not been classified. Currently it is estimated by industry sources that more than 85% of the adult films sold in NSW are not classified. The Bill will also increase the penalties for allowing minors to access MA films; for leaving MA or adult films in places where children may have access; and also increase the penalties for selling X-Rated material from locations other than restricted adult premises.

"My Bill is in line with public opinion in NSW. In 1999 a Roy Morgan Research poll found that 72% of NSW adults wanted to see federally classified X-Rated films sold through restricted premises," concluded Mr. Breen.

Peter Breen will be available for further media comment at: 10.45am Thursday 31 July Royal Hall of Industries, Fox Studios Errol Flynn Boulevard, Moore Park

FOR FURTHER INFORMATION PLEASE CONTACT PETER BREEN ON 0419 985 145

***

Any visitor to an Adult store in the state would probably be under the impression that it was already legal to sell and rent such tapes.

MP calls for X-rated films to be legalised SMH 31.07.03 

"Even though more than two million adult films are sold illegally in NSW every year, convictions are extremely rare. A recent parliamentary paper found that over a five-year period only 38 convictions were recorded and of those, 19 offenders received small fines," Mr Breen said.

***

The July 2003 Briefing Paper published by the NSW Parliamentary Library can be found here. Titled X Rated Films and the Regulation of Sexually Explicit Material it gives an excellent over-view of the issues.

Peter Breen also contributed to the ABC Radio National Perspective program on 07.08.03.

It would be a good idea to contact Bob Carr and your local NSW MP to see if they are going to support the bill. Now is really the time to make your voice heard, you can be sure that F*** Nile will!

Remember it was the NSW PM who said at the time of the BAISE MOI controversy:

"I don't like the idea of adults being told what they can see and what they can read.
I don't like the idea of state police going into cinemas, seizing films"
Bob Carr (The Australian 13 May 2002)


Since he was quoted, NSW Police have seized a copy of KEN PARK and stopped it from being screened.

******

The latest issue of the EROS JOURNAL, Vol.4 No.1 is available now. As expected it gives a lot of coverage to the push to have X18+ legalised in NSW. A few of the articles are available on-line at the Eros Website. If you enjoy reading these then subscribe to the magazine for much more of the same.

Who Sets NSW’s Moral Agenda? Robbie Swan - Eros Journal Vol.4 No.1

Customs Harassment. Eros Journal Vol.4 No.1

Eros President's Report August 2003. David Haines - Eros Journal Vol.4 No.1

Stealing Sexual Copyright. Fiona Patten - Eros Journal Vol.4 No.1

Adultshop.com CEO Calls for Law Reform. Malcom Day - Eros Journal Vol.4 No.1

National Poll Reveals Basis of Blackmarket. Eros Press Release 17.08.03

******

A transcript of the Sydney Film Festival censorship debate that took place on June 17th is now on-line at the Senses of Cinema site. The event was organised by Watch on Censorship and the Film Critics Circle of Australia, and replaced the intended screening of KEN PARK.

******

Making its DVD debut courtesy of Cult Epics (Holland)/ C.A.V Distribution (USA) on September 2nd was Agustín Villaronga's IN A GLASS CAGE. In Australia its planned screening at the 1995 Mardi Gras Film Festival was abandoned after it was Refused Classification by the OFLC.

September 22nd sees the simultaneous release of THE HILLS HAVE EYES by Anchor Bay's US and UK labels. This has historically had a lot of censorship problems in Australia, though I would be inclined to think it would now pass through uncut.

SAVAGE STREETS will be making its US DVD debut on September 11th on the Jef Films Inc label. This title had major censorship problems in Australia at the time of its original release.

July 28th saw the UK DVD release of CONFESSIONS OF A SERIAL KILLER. The BBFC passed it last year with a 15 certificate! In 1994 it was passed with an R18+ in Australia after cuts were made to satisfy the OFLC.

September 22nd sees the UK release of MAN FROM DEEP RIVER (as DEEP RIVER SAVAGES) on the Hardgore label. Unfortunately the British Censors insisted on cuts before an 18 certificate was granted.

******

The CD Once Upon The Cross by Death Metal band Deicide has come to the attention of Daryl Williams.

(ARCHIVED) 'Anti-Christian' CD faces ban. Daily Telegraph 15.07.03 

******

Finally, a reminder that the World's Censors will be gathering in Sydney between September 21st -23rd. Guest speakers include Robin Duval from the BBFC. No doubt that the hot topic will be how to protect their jobs once direct downloading from the net becomes easier. To attend you will need to be ready to hand over $1075! 

17th July

This is the last update for a couple of months, so here is a look at the some US DVD's that will be appearing during that time.

You can throw away your old Eagle Entertainment VHS of MEN BEHIND THE SUN as C.A.V Distribution will be bringing it to DVD on August 5th. This title was originally banned by the censors, only to be passed on appeal. 

Blue Underground issues SNUFF on July 29th. A favourite with the pro-censorship lobby when trying to push their point of view. No, it's not real, it's just a very poor film! It was Refused Classification by our censors in the 80's.

WEREWOLF WOMAN gets another DVD release only a few months after the Shriek Show disc. Jef Films inc will be issuing it on July 22nd.

On August 5th Anchor Bay (US) will be re-issuing MOUNTAIN OF THE CANNIBAL GOD. This time it will be double-billed with CANNIBAL MAN. A film that I don't believe has ever played in Australia.

The following three titles had censorship problems during their original Australian release. These days I'd guess they would all pass through uncut. 

MGM brings David Cronenberg's THE BROOD to DVD. Will it be the US R rated version?

July 29th sees the Blue Underground release of DEAD AND BURIED. 

Finally, one to avoid is the UK DVD of LAST CANNIBAL WORLD on the Hardgore label.  This disc will be out on July 28th and has been cut by 4min 32sec by the British Censors. 

******

In June, Adult Media Group had a hardcore DVD titled WILD HONEY PART 3 Refused Classification. The X18+ rating allows for no violence at all. This has lead to many films being banned for the most minor scene. A slap around the face, a blow to the head etc. This means that any Adult feature that tries to incorporate some kind of a story runs the risk of being Refused. The plot of WILD HONEY 3 detailed below seems to indicate that this may have been the reason for its RC rating.

Sunset Thomas returns for the final chapter of Nic Cramer's video trilogy, "Wild Honey"…
A web of desire, betrayal, intrigue & MURDER! Rescued on the beach where she was left for dead, Honey is forced to find her own "killer" before he or she finds her. Her memory is starting to come back but her thoughts are still fuzzy. Who could it be? There are too many suspects…Will she find her would-be killer or will she be another faceless name  in the next day's obituaries?

******

I've added a new entry in the database for KEN PARK. It includes the full report of the Review Board, as well as information on the protest screenings. 

Could this be what really happened when the Review Board met?

A few points that I feel have not been mentioned in our latest debate on censorship. 

KEN PARK seems to be defended only because it has something to say. Where does this leave films such as PINK FLAMINGOS, BAD TASTE, and TOMBS OF THE BLIND DEAD. All of which were banned by the OFLC and then cut for R18+ ratings. Why do Australians need to be protected from uncut versions of these types of film when they are perfectly legal in other countries? Why should a film have a message in order to be seen? Can't it just be entertaining?

I also have a real problem with the push for film festival exemption for banned films. Surely this would give those people in the major capital cities an unfair advantage over their country cousins. As our PM would say "What about Rural and Regional Australia?". Films such as KEN PARK need to be released on VHS/DVD so that every adult can see them should they wish.

This is the first Censorship debate where the movie in question has been easily available for download over the net. The only constraint has been modem speed. This can only improve over the coming years, and then censorship will be impossible. 

The OFLC do a fine job of informing the public of the contents of a particular title. In 1990, Australia was one of the first countries in the world to introduce consumer advice with its ratings. This is a move that has since been copied by the MPAA in the US and the BBFC in the UK.  With these warnings, parents are able to make informed decisions if a film will be suitable for their children. I'll leave you with the following letter that was published in The Sydney Morning Herald on 07.07.03. This is the true consequence of the banning of KEN PARK.

"I'm 20 and know a number of people with younger siblings in high school who have already obtained a bootleg copy of Ken Park off the internet at no charge and who are spreading the film among their friends - kids as young as 14.

Had this film been given an R18+ rating or even an X rating and put under an art film subheading, it would have been totally ignored by all those rebellious teenagers."

15th July All the latest news of the KEN PARK controversy can be found below.

The Melbourne screening took place at Irene Community Arts Warehouse in Brunswick on Tuesday July 1st.

(ARCHIVED) Rebels' sneak a peek at Ken Park. The Australian 03.07.03 

***

Fifty people at Melbourne screening. The Age 04.07.03

The film, downloaded from the internet, was shown free at the Irene Community Arts Warehouse in Brunswick. News of the underground screening was spread through word of mouth.

***

'Unsensationalised sex' the problem. The Age 05.07.03

When web programmer and media activist Adam decided to show the banned film Ken Park earlier this week, it wasn't simply to challenge the decision of Australia's censorship board.

Having downloaded the film from the internet, the 26-year-old, who declined to give his full name, said he believed the Larry Clark film was worthwhile viewing.

"There were a lot of horrible things happen in it, yet the perpetrators are never demonised. You're always forced to empathise with them, which makes it a difficult watch and it makes you question yourself because you don't have the luxury of having to consider yourself so different to them," he said yesterday.

***

Meanwhile, up in Sydney, the planned Balmain screening continued to attract plenty of media coverage.

(ARCHIVED) Jail threat for defying film ban. The Australian 28.06.03 

***

On the skids in Ken Park. SMH 30.06.03

A group plans a guerilla showing of the banned American film - which was unable to be shown at the Sydney Film Festival - in Balmain on Thursday. Melbourne critic Peter Craven gives a preview.

***

Your Say. SMH 03.7.03

***

Ken's big night in or out? SMH 03.07.03

Will they or won't they? Organisers of an anti-censorship meeting in Balmain today refused to reveal whether they would illegally screen the banned American film Ken Park.

The film - which can be easily downloaded from the internet or acquired in DVD format by post from director Larry Clark's web site - was refused classification last month because of its depictions of teenage sex, incest and auto-erotic asphyxiation.

Asked if the meeting's organisers actually possess a copy of Ken Park, film writer and member of the protest group Jane Mills said that she was "not sure".

NSW Police Minister John Watkins told ABC Radio today that police would monitor the meeting and take the necessary action.

***

Activists delay decision on screening banned film. ABC Online 03.07.03

Anti-censorship activists will make a last-minute decision on whether to screen the banned film Ken Park in Sydney tonight.

A group called Free Cinema wants people to make up their own minds about the film, which has sexually explicit content.

***

Film censorship controversy: Ken Park. ABC Online 03.07.03

PETA DONALD: Doesn't it make a mockery of the classification laws in Australia that that was able to happen?

DES CLARK: Oh, absolutely not. I mean, there are always people who are going to, as I say, push the boundaries and break the law. But on the other side of it, we have market research that demonstrates that the Australian community are very supportive of the National Classification Scheme and the principles that it enshrines, and we work within that ambit of the community being broadly supportive of the system, because it provides them with very useful information.

PETA DONALD: But the fact that this group were able to download it from the Internet, that means that any one in Australia, presumably, could do that?

DES CLARK: Well, the system is largely advisory, apart from that end where there is the legal restrictions and they're breaking the law by doing that. I mean, people rob banks as well, and do all sorts of things that are illegal and there are appropriate punishments for that. But in general terms, people don't seek to break the law for gratuitous reasons.

***

The film was due to screen in Sydney at the Balmain Town Hall on Thursday July 3rd. The following articles cover the eventual Police shutdown.

Ken's big night out SMH 03.07.03

Controversial film Ken Park was tonight turned off by police as more than 500 people crammed into a Sydney town hall in support of the screening of the banned film.

A group of police walked on stage and seized a DVD copy of the film that film critic Margaret Pomeranz had been encouraged by the crowd to play.

***

(ARCHIVED) Police veto banned film. The Australian 03.07.03 

(ARCHIVED) Police stop Ken Park screening. The Australian 04.07.03 

***

Police move in on movie screening. ABC Online 03.07.03

Film critic Margaret Pomeranz and three others from the group Free Cinema had their details taken and may be subject to further action by police.

The group believes there is a growing conservatism within the Office of Film and Literature Classification, which refused classification for Ken Park over scenes of actual sex, sexualised violence and what appears to be child sex abuse.

Pomeranz says she feels like a failure.

"All the people came here to see this film tonight and I said I'd show it to them and I can't do that," she said.

"It is just a film, it won't hurt anybody you know."

Julie Rigg from Free Cinema warns the matter is not over.

"This will not be the last screening of Ken Park. The film community is alive with rumours that further screenings will occur," she said.

ABC's presenter David Marr told the crowd the movie is a mainstream film considered by critics to be art.

"It is made by respectable filmmakers. It is getting respectable reviews, not unanimously of course," he said.

"One of the things Margaret Pomeranz forgot to say at the microphone, even though I earnestly reminded her and she'd said she was going to before she came up here, was she gives it four stars."

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Protesters risk arrest to show banned film. ABC Online 03.07.03

MARGARET POMERANZ, FILM CRITIC: We are here tonight to see a film that literally millions of people around the world at this very moment have the right to see and a couple of hundred million more in North America will have in the next day or so.

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We've arrested this film, say police. SMH 04.07.03

Police asked the television film critic Margaret Pomeranz and four others to give their particulars last night as officers considered whether charges are to be laid over the attempted screening of the banned film Ken Park.

With more than 200 people filling Balmain town hall to standing room, the screening was stopped within minutes by police.

Arthur Katsogiannis, superintendent of Leichhardt local area command, said police were acting on a written complaint.

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A three-minute video report of the attempted screening can be found here.

Balmain police spoil the Ken Park party. Fairfax F2 Network 03.07.03

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The letter of complaint came from F*** Nile of the Christian Democratic Party. Here is his Media release issued on 04.07.03.

The Power of One – Fred Nile strikes again

The Rev Fred Nile MLC, member of the NSW Parliament has congratulated the NSW Police Force for their prompt response to his written complaint to uphold the Commonwealth and NSW film censorship laws against the hard core – child pornography film, "Ken Park".

"I am very pleased that the NSW Police Force has upheld the law without fear or favour, in spite of the deliberate attempt by prominent media persons to break the law such as David Marr (ABC/Sydney Morning Herald) and Margaret Pomeranz (SBS)."

"If teenage actors in the "Ken Park" film portray under 16 year olds in nude, explicit sex and suicide scenes etc. it is legally child pornography," said Rev Fred Nile MLC, "and, according to the classification guidelines, must be prohibited."

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The event has obviously had the desired effect. Censorship news and debate are now all over the media.

Pomeranz, Shelly on banned film. ABC Lateline 03.07.03

MAUREEN SHELLEY: The Classification Review Board and the classification board, all of the members have to be the names of those people have to be submitted to every single State Government in the country so all State and Territory Governments have to see who is being put forward and they can raise objections to people who are appointed.

Then the Federal Government actually appoints them.

So it's a very rigorous process by which people are appointed to those two boards.

You wouldn't get through unless you were broadly representative of the Australian community.

MARGARET POMERANZ: But your job wasn't advertised, was it?