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Note: Some Links May Have Been Removed.
30.09.04 MANHUNT Banned! More
25.09.04 SHADOW THEATRE X18+ to R18+.
8 RC Adult titles.
Eros Journal Vo.5 No.3
SHELLSHOCK NAM' 67.
OFLC Survey Extended.
CANNIBAL HOLOCAUST Confiscated.
3 from the 80's. More
11.09.04 LEISURE SUIT LARRY RC.
ANATOMY OF HELL RB report.
SACC Annual Report 2003-04. More
31.08.04 SHADOW THEATRE Review.
MANHUNT Review. More
15.08.04 OFLC Survey.
SHELLSHOCK NAM '67 MA15+.
HELLCATS 3 RC.
IRREVERSIBLE in NZ. More
05.08.04 IRREVERSIBLE DVD Released.
Revised Calvista Hardcore.
MANHUNT in UK. More
24.07.04 IRREVERSIBLE DVD Challenge.
HITMAN controversy. 
Bratz still PG. More
17.07.04 MUFF Films Banned.
Revised & Refused Hardcore.
R18+ Games Rating.
AZUMANGA DAIOH MA15+. More
07.07.04 ANATOMY OF HELL still R18+!
ROCCO MEATS SUZIE RC.
SERVICE ANIMALS 16 RC. More
30.06.04 IRREVERSIBLE still R18+! More
25.06.04 Review Board Dates
Hardcore Double-Bill RC. More
23.06.04 ANATOMY OF HELL Review.
SHELLSHOCK NAM '67 RC. More
19.06.04 HARRY POTTER now PG.
Eros Journal Vol.5 No.2.
Porn Piracy.
MUFF V.
NZ OFLC DB.
OFLC Submissions Last Days! More
04.06.04 X18+ Database.
UDDER PUMPER RC.
Hardcore Double Revised.
DAWN OF THE DEAD.
HARRY POTTER M15+.
Canadian Censorship Link. More
30th September Eleven months after being passed MA15+, MANHUNT is now banned in Australia.
25th September The rating for SHADOW THEATRE has been dropped from X18+ to R18+ on appeal. 

Note that the game MANHUNT was up for review the same day as SHADOW THEATRE. The OFLC have yet to post any news of its fate.

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Censorship of Adult titles seems to be on the increase.

A double-bill of GRAND THEFT ANAL 4  and INTERNAL COMBUSTION 3 was Refused Classification back in July. 

The same month also saw a censored version of HELLCATS 2 resubmitted to the OFLC. Unfortunately it was again banned.

Meanwhile, September has so far seen THE 8TH SIN, GENERATION SEX, A HIDDEN PLEASURE, SITTIN' PRETTY, and MY PUSSIES ALL WET all hit with RC ratings.

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Volume.5 No.2, the latest issue of The Eros Journal is out now. This is described as an Election Special. So if you would like to learn more about the censorship policies of the major political parties then pick up a copy now. 

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The game SHELLSHOCK NAM'67 has finally been released. However there is some confusion as to what version we have in Australia.

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If you want to take part in the on-line survey at the OFLC website then you have a couple more weeks. The closing date has now been extended from September 23rd to October 3rd.

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It's 2004 and our customs service still think CANNIBAL HOLOCAUST is too much for the Australian public. Yes, it's another confiscation of the Dutch EC Entertainment DVD. Keep these reports coming in!

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As mentioned before the eventual aim of this site is to provide as complete a database as possible of all the films censored by the OFLC. It has been a busy few months keeping up with all the latest news, but hopefully I can now get back to adding some old titles. These three all had problems in the 1980's but would probably all be passed uncut if resubmitted today.

bullet1 Berlin-Harlem 
bulletANGEL MINE
bulletBROTHERS IN ARMS
11th September Yet another game has been banned because of the absence of an R18+ rating. LEISURE SUIT LARRY: MAGNA CUM LAUDE was Refused Classification on Thursday.

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The full Review Board report for ANATOMY OF HELL has now been added to the site.

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The Annual report of the South Australian Classification Council has just been released. It's reproduced below in its entirety. What a riveting read it is.

ANNUAL REPORT of the SOUTH AUSTRALIAN CLASSIFICATION COUNCIL for the Year Ended 30 June 2004

The Honourable Michael Atkinson, MP, Attorney-General for South Australia,

Sir,

Pursuant to the provisions of Section 90 (1) of the

30 June 2004.

COUNCIL MEMBERSHIP

Three members of the Council constitute a quorum.

During the year the Council comprised the following members:

A legal practitioner, Ms Julie Redman, LL.B (Chairperson);

A person skilled in the field of child psychology, Mr Michael Dawson (B.A., DipEd, Registered Psychologist (MAPS));

A person with wide experience in education, Ms Angela Conway (B.A., LL.B., Grad. Dip. Secondary Education, Grad. Dip. Design Studies).

Three other people who possess, in the opinion of the Governor, other proper qualifications to participate in the deliberations and functions of the Council:

Mr Anthony Durkin (LL.B.)

Rev Doctor Robert Iles (B.Ed., L.T.H., Dip.R.E., M.A., Ph.D.)

Ms Katherine O’Neill (B.A. (Hons), LL.B (Hons))

Registrar

Ms Wilhelmina Chapman of the Attorney-General's Department.

RELATIONSHIP BETWEEN THE COMMONWEALTH OFFICE OF FILM AND LITERATURE CLASSIFICATION AND THE SOUTH AUSTRALIAN CLASSIFICATION COUNCIL

The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 came into effect in January 1996. The Act provides for the classification of publications, films, and computer games by the Commonwealth Classification Board in accordance with the criteria set in the National Classification Code and classification guidelines.

Classification decisions made by the Board are adopted by South Australia but may be reviewed under the State Classification (Publications, Films and Computer Games) Act 1995. The South Australian Classification Council or the Minister may classify a publication, film or computer game despite the fact that it is classified under the Commonwealth Act. Such a classification has effect to the exclusion of any classification under the Commonwealth Act.

The classification criteria in the State Act are identical to the criteria applied by the Commonwealth Board to ensure that decisions are made on the same basis at both State and Commonwealth levels. Despite this there may still be a difference between the two bodies because the Council is comprised of South Australian residents and endeavours to consider the standards accepted by the South Australian community in particular.

APPLICATION OF CRITERIA TO BE APPLIED BY THE COUNCIL PURSUANT TO SECTION 19 OF THE ACT

The Council must comply with section 19 of the

19. The matters to be taken into account by the Council or the Minister in making a decision on the classification of a publication, film or computer game include-

(a) the standards of morality, decency and propriety generally accepted by reasonable adults; and

(b) the literary, artistic or educational merit (if any) of the publication, film or game; and

(c) the general character of the publication, film or game, including whether is of a medical, legal or scientific character; and

(d) the persons or class of person to or amongst whom it is published or is intended or likely to be published.

Classification decisions are to give effect, as far as possible, to the following principles:

(a) adults should be able to read, hear and see what they want;

(b) minors should be protected from material likely to harm or disturb them;

(c) everyone should be protected from exposure to unsolicited material that they find offensive;

(d) the need to take account of community concerns about:

(i) depictions that condone or incite violence, particularly sexual violence; and

(ii) the portrayal of a person in a demeaning manner.

ACTIVITIES OF THE SOUTH AUSTRALIAN CLASSIFICATION COUNCIL

Costs

The Council met once in 2003 - 2004. Its expenditure for the year was $1,702.25.

Inquiries received from the general public in relation to censorship in SA

During 2003-2004 a number of queries were received relating to censorship in its broad sense. A number of the inquiries related to matters outside the jurisdiction of the South Australian Classification Council. In those cases, people requesting information were directed to the appropriate organisation that could assist them.

Below is a table of all inquiries received in 2003-2004.

Inquiries Received NO RECEIVED

Query about consumer warnings 1

Query about a retailer 1

Query about a video/DVD 1

Query about advertising 3

Query about CD 1

Query about classification of a computer game 1

Query about films 4

Complaint about Internet content 2

Query about live performance 1

Inquiry about classification of merchandise 1

Complaint about merchandise 1

Query about publications 2

Query about showing films in a public place 1

Complaint about TV content 2

Information about adult shops 2

Information about Film Classification 2

Information about sale of publications 1

Information about sale of videos 2

Inquiry about consumer advice attached to films 1

TOTAL 30

The number of inquiries has decreased by 30% from 2002 - 2003.

Review of Classifications

1. Publication

· Council received a complaint about ‘People’ magazine 8 September 2003 edition.

Council was not persuaded that the content of this publication would cause minors damage, anguish or emotional trauma, though it agreed with the consumer advice attached by the national Board that the material could not be recommended for younger readers.

Council decided not to classify this publication.

2. Films

· The Council did not consider the classification of any films

3. Computer Games

· The Council did not consider the classification of any computer games.

THE CLASSIFICATION OF THEATRICAL PERFORMANCES BOARD

Under the Classification of Theatrical Performances Act 1978 members of the South Australian Classification Council are also members of the Classification of Theatrical Performances Board.

APPLICATION OF CRITERIA TO BE APPLIED BY THE BOARD PURSUANT TO SECTION 11 OF THE ACT

The Board must comply with section 11 of the

11. (1) In considering questions as to whether a theatrical performance is offensive, or suitable or unsuitable for children, the Board shall have regard to standards of morality, decency and propriety that are generally accepted by reasonable adult persons.

11. (2) In performing its functions under this Act the Board shall have due regard to the nature of the theatrical performance under consideration and to all other relevant factors that bear upon the classification or conditions that should be assigned to, or imposed in respect of, the theatrical performance.

No theatrical performances were reviewed by Council.

COMMUNITY LIAISON SCHEME

The Community Liaison Scheme (CLS) is a joint State and Federal initiative designed to support the operation of the cooperative national classification scheme. Through a program of site visits, CLS staff provide an education service to business in each State and Territory involved in selling or displaying classified products. These include films, video/DVD, certain publications and computer games.

Through a program of site inspections and strategic projects aimed at industry sectors, CLS staff help to ensure that accurate and timely classification information is available to consumers of classified material, and in particular to those who wish to make informed decisions about the products consumed by those in their care. CLS staff undertake individual inspections of businesses in all States and Territories, identifying problems and providing advice on how to better comply with the legislative requirements of the National Scheme. CLS also works with industry sectors (such as publishers, computer games distributors, the cinema industry, the sale/hire chains) to educate them on industry specific issues and encourage them to provide for classification costs and resulting requirements in their business cycle.

In the 2003-04 financial year, CLS staff spent 15 working days in South Australia, undertaking approximately 120 site visits in both metropolitan and country locations.

Areas visited include Adelaide city, most Adelaide suburbs, Victor Harbour, Port Pirie, Port Augusta, Whyalla, Peterborough, Clare and Gawler. Sites visited include cinemas, video hire stores, computer games stores, newsagents and most major shopping complexes. Some breaches of the Act were detected. CSL officers commonly deal with breaches either by educating the retailer concerned or by reporting the matter to police.

CLASSIFICATION INFORMATION

South Australian Classification Council Website

The South Australian Classification website outlines the classification system, answers some common questions and explains how to complain about offensive material. The address is ‘www.sacentral.sa.gov.au/agencies/cpb’.

Commonwealth Office of Film and Literature Website

The following information can be accessed at the Office of Film and Literature Classification’s website: ‘www.oflc.gov.au’

· The Commonwealth Act and Regulations

· Guidelines for the Classification of Publications

· Guidelines for the Classification of Films and Computer Games

· Classification Database

· Decisions of the Classification Review Board

· Notice of calls for public submissions on classification matters

· Annual reports of the Classification Board and Classification Review Board.

There is also general information for both consumers and industry.

Relevant Acts

The South Australian Classification (Publications, Films and Computer Games) Act 1995 may be accessed at ‘www.parliament.sa.gov.au’.

The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 may be accessed at ‘www.austlii.edu.au/au/legis/cth/consol_act/’ or through the Office of Film and Literature Classification website

31st August The OFLC have today announced two titles to be considered by the Review Board on September 20th.

The short film SHADOW THEATRE is hoping to have its rating lowered from X18+ to R18+. 

Whilst the WA Minister for Justice, Michelle Roberts, is hoping to see the game MANHUNT Banned.

15th August The OFLC are asking for public submissions into the ratings labels. The following is taken from their website.
 
Public Submissions

What is the Review of Determined Markings?

The determined markings are the classification symbols and words that you see in a range of places including on DVD and computer games boxes, and cinema posters. Recent changes to the classification system will create common classification types for films and computer games, requiring new markings. They are expected to come into effect in May 2005.

The purposes of the review are to:

* Find out the best way to communicate classification information about films and computer games to the public to help them make suitable choices; and
* Ensure that these markings can be practically applied by the entertainment industry to their products and advertisements.

Public Input – Tell us what you prefer

We would like you to become involved by providing us with your opinions.

The best way to do this is to complete our online questionnaire.

Alternatively, you can read or download our Discussion Paper and provide us with a written submission.

The closing date for submissions and questionnaire is Thursday 23 September 2004.

It's well worth your time to participate in the on-line questionnaire. Some of the marking proposals are very ugly looking and if introduced will be appear on every local DVD release cover. This will destroy the art work even more so than the current labels.

Definitely take the time to read through the discussion paper before filling out the online questionnaire. It contains some important information to consider.

 

The Attorney-General Phillip Ruddock issued the following News Release regarding the changes on August 13th.

FILM AND COMPUTER GAMES CLASSIFICATION LABELLING

Attorney-General Philip Ruddock has launched a review of the Determined Markings used to identify the classification of films and literature seen in Australia.

In a video address to the Australian International Movie Convention 2004 attended by an 800-strong audience of film industry and media personnel on Queensland’s Gold Coast Mr Ruddock outlined the scope of the review.

The Determined Markings Review will change the way classification information – the classification symbol, the classification description and the consumer advice – will appear on advertising for films and computer games once they have been classified by the Classification Board.

The Determined Markings Review is a consequence of the recent amendment to the Classification (Publications, Films and Computer Games) Act 1995 which effectively aligns the classifications for films and computer games.

This amendment means that the classifications for films and computer games will now be G, PG, M and MA15+. Films will also be classified R18+ and X18+. These two restricted classifications will not apply to computer games. Any computer game that contains content that exceeds MA15+ will continue to be refused classification.

"The launch of the Determined Markings Review marks the beginning of a six (6) week consultation period," Mr Ruddock said.

"Industry representatives and members of the general public will be able to assist in shaping the final designs of the classification markings by providing feedback drawn from their experiences and insights.

"The new Determined Markings will be clearer for the Australian public to use.

"Our aim is for an outcome that is easy, effective and informative for both consumers and industry," Mr Ruddock said.

The projected implementation date of the new Determination is currently May 2005.


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Atari Australia have now received an MA15+ rating for the game SHELLSHOCK NAM '67. The original release date was scheduled for July, before the OFLC banned the game. The release of the revised version is now planned for September 24th 2004.

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Joey Silvera's HELLCATS 3 is the latest victim of OFLC censorship. HELLCATS 2 was also Refused Classification back in May 2004.

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As mentioned last week Accent's DVD release of IRREVERSIBLE is now in stores. Despite also having the New Zealand distribution rights, it looks like they will not be able to do the same over there. The film has been passed for theatrical screenings, but not for DVD or Video. This is the same compromise that allowed BAISE-MOI to be shown.

5th August The Australian IRREVERSIBLE DVD was released yesterday. Accent Films have today received an e-mail from the OFLC informing them that the AFA have withdrawn their application to get the DVD rating reviewed. Some hopefully, that is the end of the matter.

The full text of the June 30th Review Board report has now been added to the site.

Accent Films may have won the Australian battle to release IRREVERSIBLE, but they now have another one across the Tasman.

"Irreversible opened in NZ (Auckland & Wellington ) yesterday and just now I received a fax from the Film & Literature Board of Review in NZ that the Society of Promotion of Community Standards has applied to get the classification of the film reviewed (here go again!). They have also asked for the Board to consider preventing any further screenings of the film until it has been reviewed. The Board will consider this as well."

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Two of Calvista's Adult titles that were Refused Classification in early July have now been resubmitted and passed with X18+ ratings. The cuts to SECRET DELIGHTS OF BARONESS KINKY and ROCCO MEATS SUZIE were either minimal, or just a case of overdubbing of language, as their RC and X18+ running times are the same.

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The UK media frenzy regarding the game MANHUNT has been carried over to Australia.

(ARCHIVED) Playing for real. Adelaide Advertiser 03.08.04

24th July

The Australian DVD release of IRREVERSIBLE is scheduled for August 4th 2004. However, Accent Films yesterday informed me that moves are underway for another appeal, this time for the films DVD/Video rating. These continuous appeals make it very difficult for a small company like Accent to do business. Again the AFA and SA Attorney-General Michael Atkinson are behind the challenge.

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The game HITMAN: CONTRACTS has again made the news.

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The appeal to have the rating changed for Bratz – Starrin’ and Stylin’ has failed. Twentieth Century Fox Home Entertainment hoped to have it lowered from PG to G. 

The rating was given on June 24th and was accompanied by consumer advice of MATURE THEMES. The PG rating has been retained, but the consumer advice has been changed to PEER GROUP THEMES.

The following news release was issued on July 19th.

Bratz – Starrin’ and Stylin’ found to be PG upon review

A three-member panel of the Classification Review Board met today and unanimously determined that the DVD version of the film Bratz – Starrin’ and Stylin’ be classified PG. The consumer advice is to be “Peer group themes”.

PG stands for “Parental Guidance”. It is not recommended for viewing by persons under the age of 15 without guidance from parents or guardians. The classification means that the film may contain material which some children find confusing or upsetting and may require guidance.

The Classification Review Board convened today in response to an application from the distributor, Twentieth Century Fox Home Entertainment, to review the PG classification of Bratz – Starrin’ and Stylin’.

In reviewing the classification, the Classification Review Board worked within the framework of the National Classification Scheme, applying the provisions of the Classification (Publications, Films and Computer Games) Act 1995, the National Classification Code and the Guidelines for the Classification of Films and Computer Games.

The Classification Review Board is an independent merits review body. It meets in camera to make a fresh classification decision when applications to review classification matters previously determined by the Classification Board are made.

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

17th July The Melbourne Underground Film Festival is currently underway. The following press release was issued on Monday July 12th. Note that the OFLC have not listed these titles in their database. 

STOP THE PRESS - MUFF films banned!!!!

The following films have been banned from MUFF by the O.F.L.C:

bulletThe Toolbox Murders
bulletWife to be Sacrificed
bulletZa Ginipiggu 1 &2.

They will be replaced by the following programs:

Saturday July 17, 3pm @ George - “Quiet Days in Clichy
the Henry Miller adaptation that was un-banned in the US and opened the floodgates for the porn industry and modern erotic cinema. Intro by Bill Lustig.

Saturday July 17,  7pm @ Gertrudues – “The Black Glove” and “The Elegant Spanking”
second screening due to demand and technical difficulties last weekend.

Saturday July 17, 9pm @ Gertrudes – That Paris Hilton video!!!
Yes folks Melbourne loves Paris and Paris loves sex…and why the hell shouldn’t she. This generation’s lost and damned angel and ‘it’ girl shows us how its done. See for yourself at this naughty underground screening…be early, don’t miss out.

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Two previously banned hardcore tapes have now been censored, resubmitted, and awarded X18+ ratings. UDDER PUMPS and the double bill of BLACK DICKS IN ASIAN CHICKS / 1 IN THE PINK 1 IN THE STINK #3 were all Refused Classification in June.

Meanwhile, Calvista have just received an RC rating for SECRET DELIGHTS OF BARONESS KINKY.

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The following looks at an R18+ rating for games.

Out of play  The Age 08.07.04

Des Clarke, director of the OFLC, says only 11 games have been refused classification since 1994, but does not believe games now receiving MA15+ classification would be branded R if such a category existed.

Clarke says it is not appropriate for the OFLC to take a political stance, but revealed more than half of public complaints to the office last reporting period were about the lack of an R18+ category. Another 25 per cent complained about the censoring of Grand Theft Auto: Vice City.

In the above statement, Mr Clark claims that only 11 games have been Refused Classification since 1994.  I assume he means games submitted by legitimate distributors. In which case the number is 12, not 11. These being:

bulletBMX XXX
bulletDream Web
bulletGetaway, ThE
bulletGrand Theft Auto 3
bulletI Touch
bulletPhantasmagoria
bulletPostal
bulletPro Surf Executive
bulletShellshock Nam '67
bulletStrip Poker
bulletTLC - Tender Loving Care
bulletVoyeur

This does not include Silverball Product Version 8 which the OFLC banned, but the Review Board passed with an M.

A further two games were modified before submission because the distributors correctly guessed they would be banned. These were:

bulletPhantasmagoria 2: A Puzzle of Flesh
bulletGrand Theft Auto: Vice City 

He also fails to mention the 21 RC games that were submitted by the the Victorian and NSW Police services.

Add these to the list and you have a total of 33 games refused classification since 1994, not 11.

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Another new title added to the database is the Japanese animation AZUMANGA DAIOH. The distributor was expecting a G or PG rating, but instead were hit with an MA15+.

 

7th July

The Review Board met today to consider the rating of ANATOMY OF HELL. As with IRREVERSIBLE, they have confirmed the R18+ that was awarded by the OFLC.

Don't think two victories in a week are going to put an end to this nonsense. The Australian Family Association (aka The Christian Taliban) will be back as soon as they find a suitable film to protest against. Their sponsor will no doubt once again be the South Australian Attorney General, Michael Atkinson. He is the main villain of this piece. Without his help the AFA would have got nowhere.

So here are his contact details once more. Tell him what you think of his intervention in the Classification Process.

Ministry Telephone: 8207 1723
Ministry Facsimile: 8207 1736 
Ministry Email: attorney-general@agd.sa.gov.au 
Ministry Address: 11th Floor, 45 Pirie Street, Adelaide 5000 
Ministry Postal Address: GPO Box 464, Adelaide 5000 Electorate Telephone: 8346 2462 
Electorate Facsimile: 8346 5471
Electorate Address: 574 Port Road, Allenby Gardens 5009

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You can now see Rocco Siffredi doing his thing in ANATOMY OF HELL, unfortunately the OFLC have just banned one of his porno features. ROCCO MEATS SUZIE was Refused Classification on July 1st. A second tape titled SERVICE ANIMALS 16 also received an RC.

30th June The Review Board met today to consider the rating given to IRREVERSIBLE. Good news to report, the R18+ remains!

Bid to ban French film. The Age 29.06.04

Following submissions from the Australian Family Association and the film's distributor, Accent Film Entertainment, the CRB decided against banning the film.

But following a request by South Australian Attorney-General Michael Atkinson, Mr Ruddock has issued a fresh complaint, prompting the CRB to meet again tomorrow to decide the fate of the movie.

"An application for review of the Classification Board's decision to classify the film Irreversible, R18+ with the consumer advice 'strong sexual violence, graphic violence, sexual activity' has been received from the Attorney-General, on the request of the Attorney-General of South Australia," the Office of Film and Literature Classification said in a statement.

***

French film escapes censor's ban. The Age 30.06.04

We would have been very surprised if it had been banned," Accent Film general manager George Papadopoulos said.

He acknowledged the graphic nature of Irreversible, but added: "That is the whole purpose of the classification system.

"It is to inform viewers about the content of the film so that they are aware before they see the movie what to expect."

 

25th June

The dates have been announced for the Review Board to meet and consider the R18+ ratings given to IRREVERSIBLE (30th June) and ANATOMY OF HELL (7th July).

ANATOMY OF HELL is still going to open in Sydney and Melbourne on July 1st. This could be your one and only chance to catch it should it end up being banned. 

You will notice that the OFLC press release for IRREVERSIBLE mentions that Trevor Griffin will be part of the Review Board. Things are not looking promising!

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Another hardcore submission has been Refused Classification. BLACK DICKS IN ASIAN CHICKS was submitted on a double-bill with 1 IN THE PINK 1 IN THE STINK #3.

23rd June The conservative Australian Family Association has called for a review of Catherine Breillat's new film ANATOMY OF HELL.

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More depressing news for the week comes with the banning of the game SHELLSHOCK NAM '67.

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I think it's time to get writing!

19th June As reported last update, the new HARRY POTTER film was rated M15+ by the OFLC. 

Now, what's that spell for turning censors to dust? SMH 07.06.04

The reaction after the premiere suggested the need for a more flexible rating system. In terms of impact, the third instalment in the series seems to fall between PG for parental guidance and M 15+.

 

On Tuesday 8th June the Review Board dropped the rating from M to PG, The media release is as follows.

Harry Potter and the Prisoner of Azkaban
found to be PG upon review

A four-member panel of the Classification Review Board met today and unanimously determined that the film Harry Potter and the Prisoner of Azkaban be classified PG.

The consumer advice is to be “some fantasy scenes may frighten young children”. PG stands for “Parental Guidance”. It is not recommended for viewing by persons under the age of 15 without guidance from parents or guardians. The classification means that the film may contain material which some children find confusing or upsetting and may require guidance.

The Classification Review Board convened today in response to an application from the distributor, Roadshow Film Distributors Pty Ltd, to review the M classification of Harry Potter and the Prisoner of Azkaban.

In the Review Board’s opinion, the film warrants a PG classification because the impact of the frightening fantasy scenes was no higher than mild and generally had a low sense of threat or menace. On this basis an M classification was not warranted.

In reviewing the classification, the Classification Review Board worked within the framework of the National Classification Scheme, applying the provisions of the Classification (Publications, Films and Computer Games) Act 1995, the National Classification Code and the Guidelines for the Classification of Films and Computer Games.

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

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The Eros Journal Vol.5 No.2 is out now. 

This issue includes the address that Professor Paul Wilson made at the Feb 2004 Sexpo in Brisbane. Titled SEX WARS: THE BATTLE FOR SANE CENSORSHIP POLICIES IN THE DIGITAL AGE, it focuses on censorship problems in Queensland. 

The Democrats Senator Brian Greig is interviewed about his opinions on censorship, whilst Craig Brittain from Flinders University takes apart THE PASSION OF CHRIST. 

This issue also contains an interesting letter from a reader in Adelaide who had his home raided after trying to import two films by art-house erotica director Andrew Blake. Customs ended up walking away with 60 of his DVD's! He is obviously at a loss as to how he should deal with this issue and so wrote to The Eros Journal for advice. Here is their reply.

You are not alone here. Many Australians are now experiencing dawn raids on their homes by Customs because they bought what they thought was an ordinary, non-violent erotic DVD from overseas.  The problem here is that the DVD or video that is called X or XXX in another country is now a Refused Classification film in Australia, due to the unnecessary tightening of the guidelines for X material here by the Howard government. All it takes is a few seconds of really bad language ('assualtative language' in the jargon) or someone to throw a drink on someone or slap them on the face (or the arse sometimes) and the film will not pass the X classification. It basically knocks out any form of dramatic plot developments, so if you see an intelligent X rated video that looks like it might have a good story line or drama in it, don't try and import it.

Sorry, not much we can do here. You should engage a good customs lawyer and have him or her highlight the stupidity of the Customs Regulations which are at odds with the Classification Act.

If you are the least bit interested in censorship then you should do yourself a favour and subscribe to The Eros Journal. 

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(ARCHIVED) Porn sellers battle piracy. The Australian 08.06.04 

Takes a look at how the legitimate distributors of Adult material have formed the Adult Industry Copyright Organisation (AICO) to fight piracy that counts for 85% of the market.

Graeme Dunne from AICO is quoted as saying:

".....increase in copyright breaches in the adult content sector followed lax enforcement of X-rated sales rules in Australia.

Because the states were not enforcing their ban on the sale of X-rated DVDs and videos, the industry was not regulated

If the states amended their laws to allow the sale of classified X-rated films, the piracy scenario, and therefore the job of AICO, would be a lot easier."

Fiona Patten from Eros makes the point that:

"......adult industry interests had fallen into the gap between state and federal jurisdictions.

Copyright was a federal issue enforced by the Australian Federal Police, but X-rated film sales fell under a federal classification scheme enforced by state police.

..... legitimate distributors were having fewer and fewer films classified for sale.

In 1996-97, nearly 1600 adult films were X-rated by the OFLC, but in 2002-3 just 336 films were classified.

The result was a flood of unclassified and pirated DVDs making their way to retail shelves."

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The 5th Melbourne Underground Film Festival is on from July 5th to 18th. The full program can be downloaded from their website and includes many titles worth checking out. 

Bill Lustig, the Director of MANIAC, and the man behind the Blue Underground DVD label will be on the festival jury. Screening will be Blue Underground titles such as the original TOOLBOX MURDERS, THE PROWLER, Franco's SADOMANIA, MANIAC, and the GODFATHER'S OF MONDO documentary.

Two forums have been announced so far.

WHAT ‘IS’ VIOLENCE? Three speakers from the La Trobe University philosophy department, Dr. Robert Farell, Tim Themi & Ali Rizvi will speak and confront the theme of Violence and what it ‘is’, drawing on texts by Derrida, Heidegger and others. Moderated by Festival Director Richard Wolstencroft. More details on line closer to festival opening.

TIME FOR A LITTLE ULTRA VIOLENCE: MASTER CLASS WITH BILL LUSTIG. How do I get my violent film released locally and OS? Distribution tips to be found here from a pro. William Lustig will have a Master Class session with all the savvy raconteur/ filmmaker.

Also screening are Eric Stanze’s SCRAPBOOK, Japanese Splatter with GUINEA PIG, three titles from Japan's Nikkatsu Studios, and lots, lots more!

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The New Zealand OFLC have just added a classification database to their website. Unlike the Australian Database, it allows quotes times to the exact second and allows searches of films that have been passed, but censored. 

Here's an example:

Title: Woman From Deep River
Also Known As: Make Them Die Slowly, Cannibal Ferox
Classification Body: Office of Film and Literature Classification 1994 -
Decision: Objectionable except if the availability of the publication is restricted to persons who have attained the age of 18 years.
Publication Number: 9700314
Registration Date: 18 Apr 1997
Descriptive Note: Contains graphic violence
Format: Film 35mm
Language: English (Dubbed)
Running Time At: Classification is 87:19
Submission is 90:34
Excision(s): Excisions Recommended And Made.
Serial Publication Order: No

It's worth noting that finding information on a titles running time through the Australian OFLC database is becoming harder than ever since the advent of DVD. Titles are now listed as having variable running times if submitted in this format.

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There are only two more days left to get your submission in to the OFLC operational review. Last day is June 21st!  Brian Harradine pushed in Senate Estimates to have the deadline extended. This is so that Conservative groups could flood the review with their opinions. Remember they may be a minority, but they are highly organised and know how to use the process. So if you have not written a submission yet then take some time over the weekend to do so. 

 

6th June

It has been a long time coming, but the X18+ database is finally up. It contains details of hardcore titles that have had OFLC problems since 2000.

You can see the OFLC grapple with such questions as:

A playful smack on the buttocks during sex. Is this?
A. A normal part the sex act.
OR
B. A dirty fetish that should be banned.

A man apologises to his girlfriend for visiting a prostitute. She slaps him around the face. Is this?
A. A normal and perfectly reasonable action considering the circumstances
OR
B. A scene of such violence that it shouldn't be viewed by an Adult Australian.

A scene of colonic flushing prior to anal sex. Is this?
A. A healthy precursor to anal sex.
OR
B. A dirty fetish.

There are many more hilarious examples like this contained in the database. Remember that a Government agency spends the majority of its time each year watching hundreds of hardcore films looking for scenes such as these. A truly pathetic state of affairs!

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The latest title to be entered into the database is the delightfully titled UDDER PUMPER. The DVD was banned on June 2nd. I can find no further information on this title.

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The double-bill of SAVANNA TAKES CONTROL and VICIOUS STREAK that was banned last month has now been passed X18+.

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With the imminent release of the new version of DAWN OF THE DEAD (rated MA15+), I thought it was time to take a look back at how the original fared at the hands of our censors. 

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Harry Potter and the Prisoner of Azkaban has been classified M15+ by the OFLC. This is in contrast to the previous two films that both received PG ratings.

The OFLC issued the following media release on June 3rd explaining the reasons.

Harry Potter is classified M15+ for ‘Horror elements’

The Classification Board has classified the third instalment of the Harry Potter series, Harry Potter and the Prisoner of Azkaban, M15+ with the consumer advice, “Horror elements”.

The M15+ classification means that the film is not recommended for persons under 15 years of age.

M15+ is an advisory classification only, and does not carry any legal restrictions with it. People under the age of 15 can gain admission to the cinema without being accompanied by a parent or adult guardian. They are not required to provide proof of age.

“The M15+ classification and the consumer advice, horror elements, are particularly important to parents who are trying to make informed decisions about whether or not a high profile film like the Prisoner of Azkaban is likely to frighten their children,” said the Director of the OFLC, Des Clark.

The Guidelines for the Classification of Films and Computer Games 2003 state that the impact of classifiable elements for material classified M15+ should be no higher than moderate.

In arriving at its decision, the Classification Board found that “the classifiable elements are themes involving horror elements that are moderate in impact (several of which are inextricably linked to violence), and do not exceed a moderate sense of menace or threat”.

The film tells the story of Harry Potter and his entry into the third year at Hogwarts School of Witchcraft and Wizardry, where he becomes the target of a notorious prisoner who has escaped from Azkaban.

The consumer advice, “Horror elements” refers to depictions of creatures called Dementors, which are guards at the prison of Azkaban, who suck the life essence out of humans. It also covers the depictions of a character who transforms into a werewolf and takes part in a frightening fight with a black wolf during a pivotal scene in the film, before stalking Harry and Hermione through a dark wood in a later sequence. Another character turns into a giant spider before transforming into a Dementor.

The Classification Board is an independent statutory body responsible for the classification of films, videos, computer games and some publications. Board members are drawn from across Australia and are chosen to be broadly representative of the Australian community.

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 M15+ and MA15+

 

Roadshow Film Distributors took no time in launching an appeal against the rating. The following media release was also issued on June 3rd.

Review announced for the film Harry Potter and the Prisoner of Azkaban

The Classification Review Board will meet on Tuesday 8 June 2004 to consider an application for review of the film Harry Potter and the Prisoner of Azkaban.

The application is for review of the Classification Board’s decision for the film Harry Potter and the Prisoner of Azkaban classified M15+ with consumer advice ‘Horror elements’ has been received by the Classification Review Board from the Roadshow Film Distributors .

The Review Board will be constituted by the Deputy Convenor, the Honorable Trevor Griffin, with members Mr Rob Shilkin., Ms Kathryn Smith and Ms Jan Taylor.

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

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It's always good to compare how overseas censorship to our own. I've now added a link to Gommorahy.com that looks at all aspects of censorship in Canada. There has recently been an important decision made against the Onatrio Governments powers. How I wish we could see a similar judgement in Australia. The Globe & Mail reported on May 1st.

(ARCHIVED) Censor board's power to judge films quashed. The Globe & Mail 01.05.02

"The Ontario government is reviewing a landmark decision, released yesterday, that struck down a requirement that all films and videos in Ontario be submitted to the province's censor board for approval before they are distributed and shown"

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Remember, you have only two more weeks to get you submissions into the OFLC Review. June 21st is now the new deadline!

 

Updates April - May 2004
 
 

  

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