Classification Review Board determines review for Irreversible out of time

The Classification Review Board met today to consider an application for review of the classification of the film, Irreversible, which is classified R18+ with the consumer advice, ‘Strong sexual violence, Graphic violence, Sexual activity’.

The Classification Review Board exercised its discretion not to hear the application on the basis that it was out of time.

The Classification Review Board convened in response to an application from the Australian Family Association. It considered submissions from the Australian Family Association, and the film’s distributor, Accent Film Entertainment.

In considering the out of time application and after viewing the film, the Classification Review Board considered there was virtually no prospect of the film’s classification changing.

It did not consider if the Australian Family Association had standing to apply for review of the film as a ‘person aggrieved’.

The date for IRREVERSIBLE to go before the Review Board has been set for Tuesday 30th March. 

Film faces ban over rape scene. SMH 22.03.04

While many film reviewers have told of the shock of seeing Irreversible, the co-host of SBS television's Movie Show, Margaret Pomeranz, is outraged at the suggestion it should be banned.

"Here we go again," Ms Pomeranz said.

"Another film acknowledged internationally as a serious work of cinema is questioned by various pressure groups in this country about its suitability for viewing by adults. "It just makes you weep. How narrow are we going to become in Australia?"

Distributor Accent Film Entertainment said the classification review had come as a blow to domestic film distributors after a successful six-week season in Sydney and Melbourne.

Screenings in Brisbane, Adelaide and Perth were due to follow.

"We will obviously be defending this film," Accent Film Entertainment acquisition manager Dean O'Flaherty said.

"It is not just the film we are in the position of defending, and this is not just about banning one film, this is about an attack on freedom of speech and freedom of artistic expression."

Accent Film Entertainment general manager George Papadopoulos acknowledged the graphic nature of the film.

"While we acknowledge the topical nature of the film in light of recent high-profile allegations of sexual violence, Irreversible depicts the horrific consequences of such violence," Mr Papadopoulos said.

***

The applicants are the Australian Family Association with the help of F*** Nile from the NSW Branch of the Australian Christian Democratic Party. You can checkout the Australian Family Association website (find it in Google if you must) to see their opinions on everything from abortion, stem cell research, and homosexuality. The Australian Christian Democratic Party also have a website that has more of the same. They also have a discussion board where I am sure they won't mind some posts about IRREVERSIBLE. 

Seriously though, these groups know how to use the political process. Instead of complaining to like-minded individuals on newsgroups, or arguing with some Christians on their discussion board, your time would be much better spent making your thoughts known to your MP. 

******

The OFLC were criticised by some people for giving THE PASSION OF CHRIST only an MA15+ rating. One such person was the Movie Show's David Stratton. In his review on the day of the films opening he mentioned that he found it strange that the far less violent KILL BILL was given an R18+. 

The OFLC issued the following two media releases about their decision.

17 February 2004
NEWS RELEASE
Classification Board determines The Passion of the Christ MA15+

The Classification Board classified the film The Passion of the Christ MA15+ today. The decision carries the consumer advice, “Graphic violence.”

The MA15+ classification restricts exhibition of the film to audiences aged 15 years and older. To gain admission to the film, audience members younger than 15 must be accompanied by a parent or adult guardian.

In reaching this decision, the Board applied the National Classification Code and the Classification Guidelines.

The Passion of the Christ, directed by Mel Gibson, tells the story of the last twelve hours in the life of Jesus of Nazareth, from the suffering in the Garden of Gethsemane to his death by crucifixion at Golgotha.

The film has attracted much international attention for its interpretation of the subject matter, its use of subtitled Aramaic and Latin language, and the violence it uses to depict the events in the story. This includes the scourging of Jesus of Nazareth by Roman soldiers, his carrying of the cross through the streets to Golgotha, and his ultimate crucifixion alongside two thieves.

In relation to these events and depictions, the Board considered that “the overall viewing impact … does not exceed strong”.

Des Clark, the Director of the Office of Film and Literature Classification, said “The Classification Board has applied the Film and Computer Games Guidelines in arriving at this decision, and has found that The Passion of the Christ sits firmly within the MA15+ classification. In doing so, it has included consumer advice that specifically alerts audiences to the graphic nature of the violent depictions in the film, with a view to clearly and responsibly informing them of its content.”

The Classification Board is an independent statutory body responsible for the classification of films, videos, computer games and some publications. The Board has representatives drawn from communities across Australia and includes members with children.

25 February 2004
MEDIA RELEASE 
Use the classification and consumer advice when making your decision to see ‘The Passion of the Christ’

The Office of Film and Literature Classification is concerned that the tremendous appeal of the newly released film directed by Mel Gibson, The Passion of the Christ, combined with the intense publicity it has been receiving, may overshadow the fact that it has been classified MA15+ with the consumer advice, “Graphic violence”.

Material classified MA15+ is considered unsuitable for persons under 15 years of age.

“The subject matter of this film makes it one that many people will want to take their families to see,” said the Director of the OFLC, Des Clark. “I believe it is the OFLC’s responsibility to draw people’s attention to the fact that The Passion of the Christ has been classified in the legally restricted category of MA15+ because of the violent depictions it contains”.

OFLC market research shows that only 6% of the population understand what MA15+ means.

The MA15+ classification stands for “Mature Accompanied”. This means that it is unsuitable for persons under 15 years of age and that people under the age of 15 years must be accompanied by a parent or adult guardian in order to receive entry to the film.

The Passion of the Christ, tells the story of the last twelve hours in the life of Jesus of Nazareth. The film has attracted international attention for its interpretation of the subject matter and the violence it uses to depict the events in the story. This includes the scourging of Jesus of Nazareth by Roman soldiers, the beatings he receives while carrying of the cross through the streets to Golgotha, and his ultimate crucifixion.

“Parents and other adults need to understand the significance of MA15+ before they decide to take people aged under 15 years to see this film … MA15+ is a restricted classification, not a recommendation,” Mr Clark emphasized. “In classifying this particular film, the Classification Board chose to use the consumer advice of ‘Graphic violence’ in order to highlight that fact that The Passion of the Christ contains scenes of strong violence and sustained moderate violence”.

In announcing the classification decision for the film on 17 February 2004, Mr Clark stated, “The Classification Board has applied the Film and Computer Games Guidelines in arriving at this decision, and has found that The Passion of the Christ sits firmly within the MA15+ classification. In doing so, it has included consumer advice that specifically alerts audiences to the graphic nature of the violent depictions in the film, with a view to clearly and responsibly informing them of its content.”

The OFLC website at www.oflc.gov.au contains a number of FAQ pages, including a ‘Parent’s page’, that address issues and answer questions about the National Classification Scheme, including and explanation of the difference between MA15+ and M.

F*** Nile's review of the film (He called it "remarkable") included the following.

"I have condemned many anti-Christian, blasphemous, pornographic films during the years, such as Hail Mary and The Last Temptation of Christ, which I said were produced by the devil in the studios of hell.

So what better time to cover these highly recommended titles.  HAIL MARY and THE LAST TEMPTATION OF CHRIST are now in the database. Neither was in danger of being banned by our censors, but both were the subjects of protests by Christian groups. If any DVD company is thinking of picking up HAIL MARY for release then how about using Fred's quote for the promotion. Having "produced by the devil in the studios of hell" on the cover would guarantee a winner. 

******

Overseas satellite television broadcasters are exploiting apparent loopholes in Australian censorship laws to beam 24-hour pornography channels - including hard-core broadcasts - for subscriptions of $5 a week.

The Herald has confirmed that European and Asian-based broadcasters are buying time on an Australian satellite service, New Skies Satellite, to telecast X-rated pornography on channels with titles such as Free-XTV, Blue Kiss, InXWorld, Sexz TV and Back Room.

One Perth-based distributor, The Mod Shop, advertises "permanent access to 24/7 broadcast of hardcore erotic movies covering all genres: straight, fetishism, interracial, lesbo, orgies, hardcore adult entertainment".

When contacted yesterday, a staff member said the service was legal because it was not covered by any Australian laws.

"We are telling our customers that it's the same as watching an X-rated video at home. You can watch it in privacy, provided it is not shown publicly or to minors.

"We have been dealing with the ACA and ABA and the censorship board says it doesn't fall within their jurisdiction."

***

The regulators in the UK have been fighting a loosing battle against European hardcore channels broadcasting into the country. It remains to be seen if the ABA will have any more success. The Adult Channel that broadcasts on Foxtel and Austar is currently the only legal station available in Australian homes. Its popularity is limited by the restriction that it can only screen censored R18+ rated sex films. If Australian channels were allowed to show X18+ OFLC approved porn then there would be little market demand for these foreign stations. 

The ABA are launching an investigation, and in an election year you can expect the government to do all it can to fight these operations. 

Here's what is currently on offer.

BLUE KISS TV 
www.bluekiss.tv
bluekiss and bluekiss express
two great channels for the price of one
bluekiss is the first channel to provide sophisticated adult entertainment across Asia. The two channels schedules comprises of the very best and latest adult programming sourced from around the world. Featuring full length films on bluekiss tv and continuous clips on bluekiss express.
bluekiss showcases exclusive adult content never before seen on satellite television across Asia. This same content is featured on the following premium channels and networks: Sky, Canal+, Direct TV, Playboy and Spice.
bluekiss and bluekiss express are now broadcast throughout Australia on NSS 6 KU-BAND.

SEXZ TV
www.sexz.tv
Sexz.tv beams 24 hours per day, 7 days per week XXX adult movies. We have 4 new movies per day, 12 movies per day total.
- Sexz.tv is broadcasting from the NSS6 satellite
- Irdeto 2 encryption
- Only a 65cm dish will be needed in most parts, a 90cm dish will be needed elsewhere

FREE-XTV
www.free-xtv.com
The first 24/7 free access adult channel.
Free-X TV now offers 24 hours a day of hardcore movies for all tastes: straight, bi-sexual, gays, fetishism, orgies, etc…
You can watch up to 15 XXX action films per day and at least one NEW film every day shown at 9 pm (GMT). The movies are played in 3 blocks of about 8 hours.
Movies are shown in the language they were filmed in for more cultural pleasures. Free-X TV is more than ever the 24/7 pleasure channel.
FREE-X TV also part of the InXWorld network in New Caledonia/New Zealand/Australia beam on NSS 6 with 2 channels: Backroom (a gay channel) & Free-xtv.

******

A new database has now been added to the site. It's an A-Z of all the Games that have had problems in Australia since classification was introduced in 1994.

The following article looks at the continuing lack of an R18+ games rating.

Games for your eyes only. The Age 11.03.04

More than 70 per cent of game players are over 18 - with 20 per cent over 39 - according to the Interactive Entertainment Association of Australia, yet Australia still does not have an R games classification.

The Standing Committee of Attorneys General meets next week, but Philip Ruddock has not even put the issue on the agenda.

The introduction of an R games category was rejected by then Federal Attorney-General Daryl Williams in 2002 after a public review conducted by the Office of Film and Literature Classification had recommended its introduction.

State Government Attorney-General Rob Hulls says Victoria is not opposed to games receiving the same censorship regime as films. Meanwhile, the IEAA lobbies the Federal Government for change.

***

When Two Tribes Go to War from the US GamesSpot takes a looks at the history of controversial games.

******

Music censorship has been back in the news now that the new Aria Labelling Code of Practice is in effect.

The following article by Steve Cannane shows how the whole classification system was revised because of a small group of Queensland Christians. 

A lone voice in the wilderness is calling the censorship tune. SMH 01.03.04

The Federal Government has over-reacted to a tiny protest group's complaints about song lyrics, writes Steve Cannane.

Calling all shock jocks. The Age 25.11.03

(ARCHIVED) And they call it art. The Herald-Sun 11.01.04 

'Porno play' coming . The Sun-Herald 18.01.04

(ARCHIVED) The politics of repulsion. The Australian 20.01.04 

Melbourne festival sexes it up. ABC AM 04.02.04

Show's censorship 'a joke'. The Sun-Herald 15.02.04

Sex and sensibility. SMH  20.02.04

******

IRREVERSIBLE is now screening in Sydney and Melbourne. The following article appeared in The Sydney Morning Herald just before the film opened. It includes an interview with Des Clarke in which he explains the reasoning behind the R18+. 

Censors and Sensibilities. SMH 13.02.04

******

Also from The Sydney Morning Herald is this opinion piece by Miranda Devine in which she looks at the OFLC computer games ratings.

We're playing games with our children. SMH 29.01.04

But Australia's censors did ban the game BMX XXX - because it showed bare breasts, presumably more "injurious to the public good" than creating an appetite for sadism. In New Zealand, our banning of BMX XXX was used as a marketing tool, with stickers saying: "Banned in Australia."

A video game reviewer, Peter Anderson, 28, of cybershack.com.au, says the handling of the two games exposes the flaws of Australia's video game ratings system: "It is laughed at across the world."

Anderson is among those pushing for the introduction of an R-rating for video games (restricting access to adults), blocked because of a misapprehension only children play games, whereas the first generation of gamers is pushing 40.

******

In January, Gallery Entertainment had the hardcore double-feature ONE WAY OUT / IN DEFENSE rated RC. Later in the month they reduced the running time from 160 to 158mins to gain an X18+.

******

Another customs confiscation to report. This time for a box set of Volumes One to Five in the TRACES OF DEATH series. Keep these reports coming in!

******

February 19th saw the Hong Kong DVD release of LUST FOR LOVE OF A CHINESE COURTESAN. This had some problems with our Censorship Board back in 1985 and has been added to the database.

IRREVERSIBLE is due to open soon in Sydney and Melbourne. The following piece quotes the OFLC Classification report as saying that:

"The film has artistic merit and serious intent"  
"The impact of the [rape] scene is high due to the lengthy, real- time depiction of the act of sexual violation" 

and that it contains an
"act of violence that is not eroticised in any way". 

Rape-revenge drama to screen. SMH 31.01.04

If you break down its plot, the French film Irreversible should not be particularly shocking. It features one murder, one rape and a dollop of drugs and sex. But, when it opens in Sydney it will be the most controversial film to hit the city since Ken Park was banned last year.

***

If you intend to see IRREVERSIBLE during its upcoming release then you may like to get along to the Valhalla Cinema in Sydney this coming Wednesday. The preview screening will be followed by a discussion about the graphic nature of the film. It is being presented in association with Free Cinema, the group behind last years attempted screening of KEN PARK in Balmain Town Hall. 

First there was BAISE' MOI, then there was KEN PARK, now Popcorn Taxi presents a special preview screening of what will soon prove to be the most controversial film of this year - IRREVERSIBLE, directed by French filmmaker GASPAR NOE. The film is the story of the brutal rape of a young woman, MONICA BELLUCCI. Her partner, VINCENT CASSEL, and her ex-husband, ALBERT DUPONTEL, embark on a frantic search for the rapist which ends in a horrifying and bloody way.

IRREVERSIBLE not only confronts the audience with explicit violence and sex but also challenges us with the way the story is told. The film starts at the end of the story and works backwards to the beginning, so there is no attempt to explain the violence before we see it.

When it was screened at the 2003 French Film Festival there were many angry walkouts, but there was also a large number of supporters who stayed to defend the director's 'freedom of speech'. Some people may question GASPAR NOE's reasons for such explicitness, but no-one will doubt his mastery of the medium - including his ability to shock!

After the screening Radio National Film Critic JULIE RIGG will conduct an on-stage audience discussion about the graphic nature of the film. We are hopeful that director GASPAR NOE will also join us 'live' via telephone from Paris, to talk about his motives and methods behind the making of IRREVERSIBLE. Watch this space for confirmation of GASPAR NOE's availability shortly.

Popcorn Taxi would like to thank ACCENT DISTRIBUTION and NED & Co for their generous assistance in making this program possible.

On December 19th 2003, the OFLC posted the following News Release on their website. Undoubtedly this is in response to the New Zealand OFLC's ban.

MANHUNT CLASSIFIED MA15+ BY CLASSIFICATION BOARD

The Classification Board classified the Playstation 2 interactive computer game   MA15+ on 17 October 2003.

The decision carries the consumer advice, "Medium level animated violence."

In reaching this decision, the Board applied the National Classification Code and the Classification Guidelines. The MA15+ classification restricts sale and hire of the game to persons aged 15 years and older, unless accompanied by a parent or adult guardian. 

Manhunt is a twelve level adventure-shooter game in which an inmate on death row, who awakes to find he is trapped within a game, must follow mysterious instructions to fight his way out of a number of gang infested environments using various weapons and problem-solving skills.

The Classification Board formed the view that the content of game did not exceed a strong viewing and/or playing impact.

Des Clark, the Director of the Office of Film and Literature Classification, said "The Classification Board has strictly applied the Guidelines for the Classification of Film and Computer Games in arriving at this decision, and has found that Manhunt sits firmly within the MA15+ classification."

The Classification Board is an independent statutory body responsible for the classification of films, videos, computer games and some publications. The Board has representatives drawn from communities across Australia and includes members with children.

The New Zealand ban has received some press coverage here in Australia.

(ARCHIVED) Game where kids can kill on sight. Sun-Herald 21.12.03 

"A VIOLENT animated computer game that encourages players to gruesomely kill on sight has been allowed to go on sale to Australian teenagers for Christmas, despite being banned in New Zealand."

(ARCHIVED) Teens play deadly game. Herald-Sun 28.12.03 

This article quotes a representative of Young Media Australia as saying:

Mr Clark —There was none at the conference. That was not an issue that was discussed at the conference.

Senator HARRADINE —What is the regime in the United States?

Mr Clark —The regime in the United States is a self-regulatory system which is administered by the Entertainment Software Rating Board. It is a body that is funded by industry. They provide ratings which are, I think, fairly consistent with the European ratings which are also self-regulatory.

Senator HARRADINE —Professor Anderson's keynote speech, as I understand it, raised the issue of harm being caused to players of violent computer games.

Mr Clark —Yes, it did. He is of the view that there is a direct relationship between playing violent computer games and aggressive behaviour both in the short and in the longer term.

Senator HARRADINE —What did it cost the OFLC?

Mr Clark —To conduct the conference?

Senator HARRADINE —Yes.

Mr Clark —I do not have a final figure yet. I can take that on notice and make that figure available to you.

Senator HARRADINE —Under what part of the budget is it provided for in this document?

Mr Clark —The bulk of it has been brought forward into this financial year, so there is very little in the—

Senator HARRADINE —Doesn't anybody know how much it was?

Mr Clark —Can I take the figure on notice? The final figures for the conference have not yet been done, and I am certainly happy to make them available to you.

Senator HARRADINE —Okay. In Mr Anderson's speech he detailed evidence of the danger of violent computer games. I understand there was some disagreement on that question. Has the OFLC determined what research has been taken into account when considering the important issue of violent computer games? Was the strength of opposition to Professor Anderson a prelude to a new push to allow violent games easy access into Australia?

Mr Clark —The answer to the final question is no. Ministers have taken a decision that R-rated computer games will not be permitted. The Australian classification scheme looks at all research and the most recent, in terms of looking across the board, is the 2001 UNESCO International Clearinghouse on Children and Violence on the Screen. That was a summary of research into the effects of violence. That research stated that there were still too few studies on the influence of games to draw any conclusions about their effects. That is consistent with what happened at the conference, in that Professor Anderson put his view and others put quite contrary views in relation to that material. The scheme, as it operates—and the intent of ministers—is that computer games are treated more strictly than other media because of their interactive content. So, much as there is that debate around harm in relation to games, we have a scheme which is inherently stricter.

Senator HARRADINE —The previous Attorney-General made a commitment that the OFLC guidelines would be reviewed one year after their implementation in March this year. How will that review be conducted?

Mr Clark —It is a review of the operation of the guidelines. That review will be conducted by the OFLC. We have not yet finalised the methodology, but at this stage we are certainly keeping careful records of decisions where it might be seen that there is some change or movement in standards.

Senator HARRADINE —So the OFLC will undertake it; it is not going to be done by an independent examination?

Mr Clark —That is correct. The decisions in classification are made by the board. The review will be conducted by the OFLC.

Senator HARRADINE —So it is a review of the operations?

Mr Clark —Yes.

Senator HARRADINE —What does that mean?

Mr Clark —It just means that the new draft guidelines do not represent a change in standards. We are reviewing the operation of it—how the board has been using it—to check that that is in fact the case.

Senator HARRADINE —By what measures will the performance of the guidelines be assessed?

Mr Clark —I do not have the answer to the methodology question yet, but it will be comprehensive and there will be an opportunity for members of the public to make submission into the operation of the guidelines.

Senator HARRADINE —Will you publish the measures that will be adopted to assess the performance of the guidelines?

Mr Clark —We will make available all of the process about the review of the operation but, as I say, I do not have the methodology finalised. Certainly it will be a very open process.

Senator HARRADINE —Once you have considered the measures to be adopted, will you provide the committee with a copy of those?

Mr Clark —I do not see that that is a problem.

Senator HARRADINE —Thank you. What is the process the OFLC uses when employing consultants?

Mr Clark —We do not employ a lot of consultants. We have tended to use a select tender process for the work that is undertaken.

Senator HARRADINE —I understand that there are a few consultants who have been employed a number of times. Could you provide us with the names of those people who have been employed a number of times?

Mr Clark —Certainly. I cannot do that now—I do not have that information with me—but I can make that available.

Senator HARRADINE —Is Dr Brand one of them?

Mr Clark —He has been employed twice. He did the report on the review of the guidelines and, recently, a small research project which related to classification systems in other countries and how they are structured, but that was really an information paper.

Senator HARRADINE —Yes, but the first one was a major contract.

Mr Clark —That was a more significant contract.

Senator HARRADINE —Would you provide us with the details of the amount of money that was paid?

Mr Clark —Yes, I certainly can.

Senator HARRADINE —On page 41 of your annual report you talk about the growing expertise of media proprietors in using and marketing recent technologies continuing to provide challenges for the OFLC.

Mr Clark —Yes.

Senator HARRADINE —You then indicate a number of things, including that people are breaching the OFLC guidelines:

The type of marketing does not directly impact on classification decisions. However, it raises issues for distributors and publishers about legally marketing those products in a rapidly changing media environment.

Could you explain what that means?

Mr Clark —Recent developments mean that, for instance, a DVD can be stuck on the cover of a magazine. There are then complex issues about whether it is a film and whether a film should have advertising approval if it is not classified. There is a whole range of issues that emerge from there. On television advertising, there was a recent example where a drink was being advertised in combination with an upcoming film and the film was not yet classified. We interpreted that as being an advertisement for the film, even though the primary product was a drink. That did not go to air, but these are the sorts of complex issues we are dealing with. Mobile telephones with games, for instance, is another one. It is increasingly difficult to put all the products that are emerging into neat pockets.

Senator HARRADINE —Do you keep in close contact with law enforcement agencies? If so, with whom?

Mr Clark —We have an enforcement network. The community liaison scheme coordinator is in regular contact with them and with the censorship officials in each state and territory. They do site visits and they report their findings to them as they travel around the country, so there is a good flow of information.

Senator HARRADINE —Who particularly do you deal with mostly in that area?

Mr Clark —We deal with the police, apart from in Queensland where we deal with the Office of Fair Trading. A designated police officer or person from the Office of Fair Trading is the key point for coordinating enforcement activities.

Senator HARRADINE —Do you see this as a growing problem with the new technologies?

Mr Clark —Yes, it is.

Senator HARRADINE —It does not give us much of an idea about how you are dealing with it.

Mr Clark —We have the guidelines and the code in the act so we can make classification decisions. In the marketplace you have a lot of pressure from producers and distributors to have this out there and we as the regulators must ensure that they are advised as to their obligations in the law. That creates a very tense situation for some companies, because they are not able to control the products within Australia as they are being shipped in from overseas.

Senator HARRADINE —How are you tackling that problem?

Mr Clark —We tackle the issue with regular contact with the people who are engaged in either producing or distributing this material and by telling them what their obligations are. There is a lot of education in the industries that we deal with.

Senator HARRADINE —Do you get a good response from them?

Mr Clark —Generally speaking, yes. The peak bodies and the companies we deal with are responsive to our giving that information. I would say we have a fairly high level of cooperation.

Senator HARRADINE —And, if you do not, it is over to the law enforcers.

Mr Clark —Yes, of course.

[11.05 a.m.]