The Classification Board have just reconfirmed the M-rating of the game BULLY under the new title Canis Canem Edit. This comes as NSW Education Minister Carmel Tebbutt has jumped on the anti-BULLY bandwagon by calling for the rating to be reviewed.

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Calvista have just been hit with an RC rating for the DVD IONIE LUVCOXXX 15: I ONLY LOVE SLIPPERY SLUTS. 

The Devil's Films DVD of ANAL POUNDING #5 has just been banned by the Classification Board. Gallery Entertainment were the applicant.

Also Refused Classification was MICHAEL ZEN'S TABOO 17. This had previously been banned in 2000, and 2001.

Calvista have finally had BELLADONNA: NO WARNING 2 passed X18+(Explicit Sex). It was originally banned in August, and again in early September.

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The Classification Board is organising a Rating Conference to be held next year in Sydney. Further information can be found at the website.

www.ratingsconference2007.com

The primary focus for the conference will be to explore the impact of an increasingly global marketplace for film, games and other consumable entertainment media. This will include identification of current and forecast trends in the global marketplace and attempts to define the ongoing business environment. In this context, the place for local systems regulations in a global environment, the nature of community standards in a diverse and increasingly borderless world and classification of new and emerging content formats will also be considered at the conference. You’ll also hear outcomes of the latest research into the area, including impacts of exposure to entertainment content.

If you work in the area of films, computer games and other emerging interactive media formats and have an interest in classification issues then you must attend this landmark event. The conference will be relevant for classification officials, content regulators, film industry representatives, computer game developers and producers, mobile phone content developers and providers, broadcasters, members of community interest groups, academics, social and market researchers, professional bodies and students.

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ABC TV's screening of The Lost Secret of Catherine the Great has ran into problems with the ACMA.

Australian Government
Australian Communications and Media Authority
11 September 2006
MR 99/2006

ACMA finds The Lost Secret of Catherine the Great in breach of ABC code 

The Australian Communications and Media Authority has found that the Australian Broadcasting Corporation breached its Code of Practice 2004 (the code) by broadcasting a documentary, The Lost Secret of Catherine the Great, which failed to comply with the M classification requirements for ‘themes’ and ‘sex’.

On 22 March 2006, ACMA received a complaint about The Lost Secret of Catherine the Great, which was broadcast by ABC TV on 30 January 2006. The complainants alleged that the program contained images of pornographic paintings, drawings, sculptures and pieces of furniture.

ACMA determined that the ABC breached clause 8.1 of the code by failing to comply with the requirements for the treatment of ‘themes’ and the depiction of sex and nudity in material classified M.

The code states that the treatment of themes should be discreet, and the impact should not be high. The code also states that sexual activity may only be discreetly implied and that nudity in a sexual context should not contain a lot of detail, or be prolonged.

In ACMA’s view the program was characterised by frequent and occasionally repetitive depictions of implied sex and nudity in furniture and art works, and a brief but strong treatment of the theme of bestiality.

The ABC accepted the breach finding and has undertaken to bring the classification error to the attention of classifiers and scheduling and programming staff.

ACMA considers this action addresses the compliance issue raised by the investigation and will continue to monitor the ABC’s performance.

The investigation report is available on the ACMA website

Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980

Backgrounder 

ACMA conducts various types of investigations under the Broadcasting Services Act 1992 (the Act). Investigations under Part 11 of the Act are conducted in response to complaints received by ACMA relating to a possible breach by:

If a person wishes to complain about something of concern they have seen or heard on a program broadcast by a radio or TV station, and the matter is covered by a code of practice, the person must, by law, first make a written complaint to the station.

However, if a complaint relates to a matter covered by a licence condition, the person can complain directly to ACMA and need not complain to the station first.

There is a different code of practice for each broadcasting sector, and each code of practice contains a section that explains the complaints process that applies to that sector.

As some codes impose time limits for complaints, it is advisable that persons who wish to make a complaint write to the radio or TV station as soon as possible. For instance, the code of practice that applies to commercial television broadcasters enables them to decide to not respond in writing to complaints that are made more than 30 days after the date of broadcast.

When making a complaint to ACMA, persons must provide a copy of their complaint to the station, a copy of the station’s reply if this has been received, and any other relevant correspondence with the station. ACMA takes all complaints seriously (except for those that are frivolous or vexatious or not made in good faith) and acknowledges in writing all complaints.

For qualifying complaints, ACMA considers the information provided and offers the relevant station an opportunity to provide its perspectives. When all relevant information is available, ACMA assesses the complaint against the relevant licence condition or code of practice. When an investigation is completed, ACMA is required to notify a complainant of the results of an investigation under Part 11 of the Act. The form this notification is to take is not specified in the Act – sometimes it is in the form of a letter, but more usually it takes the form of a more formal investigation report, which is provided to both the complainant and the licensee concerned.

Generally, personal or private information provided in a complaint, including name and address details, are not disclosed to the licensee concerned if it is a licence condition matter. However, as code complaints are first made to a licensee, code complaints are usually made available to the licensee concerned. ACMA’s usual practice is to not provide personal or private information in an investigation report.

Under the Act, ACMA has discretion whether or not to publish the report of an investigation conducted under Part 11 of the Act. ACMA is not required to publish an investigation report if publication would disclose matter of a confidential character or likely to prejudice the fair trial of a person. If ACMA intends to publish an investigation report that may adversely affect the interests of a person, ACMA must give the person an opportunity to make representations in relation to the matter.

ABC Code of Practice 2004

The ABC Code of Practice 2004 states:

8.1 Classification of Television Programs

M - Mature audience (recommended for mature audiences 15 years and over)

M programs may be shown between noon and 3.00 pm on weekdays that are school days and 8.30 pm and 5.00 am on any day of the week.

The M category is not recommended for viewers under 15 years. Programs classified M contain material that is considered to be potentially harmful or disturbing to those under 15 years. Depictions and references to classifiable elements may contain detail. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M category—the less explicit or less intense material will be included in the M classification and the more explicit or more intense material, especially violent material, will be included in the MA classification.

Themes: Most themes can be dealt with, but the treatment should be discreet, and the impact should not be high.

Sex: Sexual activity may be discreetly implied.

Nudity in a sexual context should not contain a lot of detail, or be prolonged.

Verbal references to sexual activity may be more detailed than depictions if this does not increase the impact.

***

Australian Government
Australian Communications and Media Authority
Investigation Report: No. 1685 
File No: PF2006/651 
National broadcaster: Australian Broadcasting Corporation 
Station: ABC TV 
Type of Service: National Broadcasting (Television) 
Name of Program: The Lost Secret of Catherine the Great 
Date/s of Broadcast: 30 January 2006 
Relevant Legislation/Code: ABC Code of Practice: .
 Clause 2.3 (Sex and Sexuality) 
. Clause 8.1 (Classification of Television Programs) 

Investigation conclusion 

In its screening of The Lost Secret of Catherine the Great on 30 January 2006, the Australian Broadcasting Corporation complied with clause 2.3 (Sex and Sexuality) but breached clause 8.1 (Classification of Television Programs) of the ABC Code of Practice by not complying with the M requirements for 'themes' and 'sex'.

The complaint 

On 22 March 2006, the Australian Communications and Media Authority (ACMA) received a complaint about the M classified program The Lost Secret of Catherine the Great. The program aired on ABC TV at 9.30 pm on 30 January 2006. 

The complainants alleged that the program contained images of pornographic paintings, drawings, sculptures and pieces of furniture. 

Not satisfied with the response provided by ABC TV, the complainants forwarded the matter to ACMA for investigation. 

The program 

In its submission to ACMA, dated 26 April 2006, ABC TV described The Lost Secret of Catherine the Great as a documentary which: 

investigates the theory, which is well known in the art world, that the Russian Tsarina owned a collection of scandalous erotica, last seen by German soldiers in the winter of 1941, and which has since vanished. The film explores this theme through extensive historical research and interviews with art dealers, historians and survivors of World War 2. 

The filmmaker pursues the rumour that one of the Tsarina's palaces contained a secret suite of rooms housing works of art and furniture with graphic sexual motifs, which was passed on to his father by German soldiers. Ultimately he is unsuccessful in finding the collection and, dismissing the theory that it was stolen or that it may be kept at the Vatican, suggests that it was more likely destroyed in a palace fire at the end of the war. 

The program contains historical war-time footage, non-erotic drawings of Catherine the Great, contemporary footage of Russian palaces and interviews, interspersed with footage of erotic drawings and photographs of erotic furniture and carvings believed to be similar to the works collected by the Tsarina. 

The program contains images of at least 24 erotic drawings and photographs, including of nudity in a sexual context, and implied cunnilingus, bestiality, vaginal penetration and digital penetration. These images are spread consistently throughout the program and drawings and photographs are repeated in at least five instances. 

The program also includes shots of two drawings of implied bestiality which are shown consecutively as the narrator refers to a rumour that the Tsarina was once harnessed at her direction underneath a stallion, thereby implying an act of bestiality. Shots of the images are typically cropped to the nudity or implied sexual activity and pan across the drawing or photograph to show detail. Drawings shown are mostly black and white, as is each of the photographs of furniture or carvings. The images are generally not described in voice over (with the exception of one table, the top of which is supported by the ejaculate of four dismembered erect penises stemming from a base in the form of women's breasts, which is analysed by a psychoanalyst). 

The narrative of the program follows the identification and exploration of sources of evidence to prove or disprove the rumour about the Tsarina's collection. As such:

.a history professor provides an estimate of the number of the Tsarina's sexual relationships; 

.experts interviewed provide commentary about the prudishness of Russian society at the time that the erotic works were said to be collected; and 

.the current curator of one of the Tsarina's palaces is interviewed and denies that secret rooms exist. 

The tone is at times humourous - for example, when the filmmaker's father describes the photographs he saw of 'larger than life' sex organs, and when retired German soldiers and an elderly woman who had worked in the palace retell their experience of seeing the collection. 

Consumer advice warning of sexual references and adult themes was displayed immediately prior to the program. 

Assessment 

A copy of the program and ABC TV's submissions were considered in assessing compliance with the ABC Code of Practice (the Code). The complaint has been assessed against clauses 2.3 (Sex and Sexuality) and 8.1 (Classification of Television Programs) of the Code. 

Classifiable elements assessed include sex and sexuality and adult themes.

Relevant code provisions 

The Code contains the following provisions: 

2.3 SEX AND SEXUALITY 
Provided it is handled with integrity, any of the following treatments of sex and sexuality may be appropriate and necessary to a program: 

. it can be discussed and reported in the context of news, current affairs, information or documentary programs; 

. it can be referred to in drama, comedy, lyrics or fictional programs; and 

. it can be depicted, implicitly or explicitly. 

8.1 CLASSIFICATION OF TELEVISION PROGRAMS 
M - Mature audience (recommended for mature audiences 15 years and over) 

M programs may be shown between noon and 3.00 pm on weekdays that are school days and 8.30 pm and 5.00 am on any day of the week. 

The M category is not recommended for viewers under 15 years. Programs classified M contain material that is considered to be potentially harmful or disturbing to those under 15 years. Depictions and references to classifiable elements may contain detail. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M category.the less explicit or less intense material will be included in the M classification and the more explicit or more intense material, especially violent material, will be included in the MA classification. 

Themes: Most themes can be dealt with, but the treatment should be discreet, and the impact should not be high. 

Sex: Sexual activity may be discreetly implied. 

Nudity in a sexual context should not contain a lot of detail, or be prolonged. 

Verbal references to sexual activity may be more detailed than depictions if this does not increase the impact. 

Complainant's submissions 

In their letter to ABC TV, dated 2 February 2006, the complainants submitted that it was their opinion that the program was 'simply pornography, thinly-disguised as [a] historical documentary'. The complainants noted that: 

[t]he programme featured an abundance of pornographic paintings, drawings, sculptures and pieces of furniture, many of which appeared to have been selected from a variety of sources not related to the actual missing objects, salaciously lingered over and endlessly repeated at regular intervals. 

The complainants submitted that the war-time footage was used to give a 'pretence of legitimacy' but that it was peripheral. 

In their letter to ACMA, dated 21 March 2006, the complainants submitted that the consumer advice warning shown was insufficient in warning viewers of the nature of the images shown. 

ABC TV's submissions 

In its reply to the complainants, dated 8 March 2006, ABC TV noted that it believed that the program was appropriately classified and scheduled. It noted that: 

while there were various references to the 'pornographic' nature of the artwork featured, the historical context and the artistic merit of the works remained the focus of the program. 

In its letter to ACMA, dated 26 April 2006, ABC TV submitted that images of the erotic artwork were: 

.used with integrity;

.'essential to the full understanding of the subject at hand'; and 

.'entirely discreet, legitimate and not at any time gratuitous.' 

ABC TV noted that the images were 'static representations of sexual activity, and as such the impact of the images is greatly reduced; there is no actual sex or nudity'. It concluded that the 'documentary context in which these images and references were presented rendered them suitable for a mature audience'

Finding 

It is considered that, for the reasons outlined below, the Australian Broadcasting Corporation complied with clause 2.3 (Sex and Sexuality) but breached clause 8.1 (Classification of Television Programs) of the Code by not complying with the M requirements for 'themes' and 'sex'.

Reasons 

The Lost Secret of Catherine the Great is characterised by frequent and occasionally repetitive depictions of implied sex and nudity in furniture and art works, and a brief but strong treatment of the theme of bestiality. �œ 

Although the code permits descriptions and depictions of sex and sexual activity in the context of a documentary, and while the depictions are artistic representations, it is considered that the cumulative impact of these classifiable elements is strong and therefore exceeds the M classification. 

Clause 2.3 . 'Sex and Sexuality'

It is noted that the Code specifically permits the discussion and depiction of sex and sexuality in the context of documentary programs, provided that these elements are handled with integrity (clause 2.3).

It is considered that this documentary program displays integrity in its treatment of the subject matter in the following ways: 

. The descriptions and depictions are presented in the context of an attempt to confirm a rumour about a figure of historical importance. It is considered that the purpose of testing the rumour was to assess whether the Tsarina's public image of civility was a facade. This topic is considered to be of interest to contemporary audiences. 

. The filmmaker uses well recognised research techniques which are considered to lend integrity to the program. Techniques include referring to primary and secondary evidence, seeking commentary from a range of apparent subject matter experts, and evaluating conflicting accounts of history. 

M classification . Adult themes

.Clause 8.1 of the Code provides that the treatment of adult themes in an M classified program should be discreet, and the impact should not be high. It is considered that although the reference to bestiality in the program-the suggestion that the Tsarina was harnessed under a horse-is discreet, its impact is heightened by the accompanying drawings of implied bestiality. It is considered that the presentation of two different drawings consecutively has a cumulative effect that heightens the impact.

 .It is acknowledged that the impact of the drawings is reduced because they are black and white; however, it is considered that this is outweighed by the detail shown in close-up, panning shots

.It is considered that the theme of bestiality is not within the experience of ordinary 15 year old audience members, and is arguably unsuitable for them.

.On balance, the impact of the reference to bestiality is considered to be high. 

M classification . Sex 

The M classification is generally assigned for a discrete number of scenes depicting sexual matters. In this case, images of implied sex are a dominant aspect of the program (there were 11 depictions of implied sexual activity in the program: four of vaginal penetration, two of digital penetration, two of fellatio and three of cunnilingus). 

.Factors that lessen the strength and intensity of the depictions include that the images are: 
. interposed with scenes of lower impact; 
. of relevance to the narrative (they are depictions of works similar to those that the filmmaker is seeking to locate); and 
. in sculptural or illustrated form, often in a monochromatic colour scheme. 

.However, the frequency and repetition of the images throughout the program is considered to have a cumulative impact that is strong. 

Clause 8.1 provides that in M classified programs depictions of classifiable elements, including sex, may contain detail, however the degree of explicitness and intensity of the treatment will be determinative (less explicit material is accommodated in the M category, whereas more explicit and intense material is more appropriately accommodated in the MA category). Close-up panning shots across the following images are considered to provide sufficient explicit detail to have a strong impact: 

. A drawing of what appears to be a horse impliedly penetrating a woman. The shot is cropped and the heads are not shown. 

. A drawing of a winged horse- or donkey-like creature impliedly penetrating what appears to be a man (evidenced by a muscular leg) from behind. 

. A carving depicting a man impliedly penetrating a woman. The figures heads are not shown. 

. A carving depicting implied penetration of a woman by a man shown from the front-the woman is sitting on the man. 

. A piece of furniture in which penetration is impliedly depicted (the shot is cropped to show only buttocks and an erect penis). 

.As with depictions of implied sex, the program contained frequent depictions of nudity. There were approximately 17 depictions of nudity: 14 depictions of erect penises and three depictions of detailed female nudity.

.While the depictions are stylised rather than real, the images of nudity are frequently cropped, or emphasised by panning shots. 

.Depictions of erect penises and splayed vaginas mean that the nudity is displayed in a sexual context. Clause 8.1 of the Code provides that nudity in a sexual context should not contain a lot of detail, or be prolonged. It is considered that the following depictions in the program are detailed and therefore have a strong impact: 

. A photograph of a chair in the top of which is carved the spread legs of a woman. A photograph of the leg of a table in the shape of a man with an erect penis. 

. A photograph of a table, the top of which is supported by the ejaculate of four dismembered erect penises stemming from a base in the form of women's breasts. 

ABC TV response to preliminary breach finding

On 28 July 2006, ACMA forwarded a copy of its preliminary report to ABC TV inviting comment on its preliminary breach finding. ABC TV was a make submissions about remedial action it would take in the event that a breach finding was made

 In its reply to ACMA, dated 17 August 2006, ABC TV noted that it accepted the findings of ACMA i the M requirements for 'themes' and 'sex'. It noted that:

a key finding is that the cumulative impact of the representations of sexuality and erotica in the program had a strong impact and therefore guidelines.

Action Taken

ABC TV noted that, to avoid future breaches of this nature, a copy of the ACMA's final investigation report will be distributed to relevant classification and programming staff at ABC TV.

It is noted ABC TV has had only one other classification related breach in the last three financial years.

The delegate considers that this action addresses the compliance issues raised by the investigation and notes that ACMA will continue to monitor ABC TV’s performance in this regard.

Decision

I, Andree Wright, Executive Manager, Content, Codes and Education Branch, being the delegated officer of the Australian Communications and Media Authority, determine for the above reasons that the Australian Broadcasting Corporation complied with clause 2.3 (Sex and Sexuality) but breached clause 8(Classification of Television Programs) of the ABC Code of Practice by not complying with the M requirements for ‘themes’ and ‘sex’.

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The 3 Disc Collectors Edition of PIRATES has just been banned by the Classification Board. This would seem to indicate that the version passed as X18+ in March might have been pre-cut before submission.

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I've always been interested in learning more about censorship over in New Zealand. However, apart from the NZ OFLC site, there seems to be very little information on-line. So it was a nice surprise to stumble across the site of the Film Society of New Zealand and learn all about the censorship battles that were fought in the 70's. 

Censorship is still very much alive and well across the Tasman. As mentioned before, despite having an R-rating, they still banned the RESERVOIR DOGS game. Also  banned was Siren's deluxe double DVD of CANNIBAL HOLOCAUST. It was hit with the 'Objectionable' tag back in July. 

However, it was the bizarre treatment of two Fulci DVD's that really gets you questioning if they know what they are doing. First up is THE NEW YORK RIPPER, Fulci's most graphic film that had censorship problems around the world. The NZ OFLC passed it with no problems.

Title: The New York Ripper 
Also Known As: Lo Squartatore Di New York; Psycho Ripper; The Ripper 
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: 600070 
Registration Date: 6 Mar 2006 
Descriptive Note: Contains graphic violence and sex scenes. Format: DVD 
Language: English (Dubbed) 
Running Time At: Classification is 90:43 
Submission is 90:43 
Explanation Of Running Times Excision(s): No Excisions Recommended. 
Serial Publication Order: No 
Submission Channel: Section 12(1) Labelling Body 
Related Publications: 600071 

Three days later Fulci's CONTRABAND came before the censors. This is an admittedly graphic crime film, but not on the same level as THE NEW YORK RIPPER. Not according to the NZ OFLC though. They banned it.

Title: Contraband Also Known As: The Smuggler; Luca Il Contrabbandierre 
Classification Body: Office of Film and Literature Classification 1994 - 
Decision: Objectionable. 
Publication Number: 502334 
Registration Date: 9 Mar 2006 
Descriptive Note: Not Applicable. 
Format: DVD 
Language: English (Dubbed) 
Running Time At: Classification is 101:31 Submission is 101:31 
Excision(s): Excisions Recommended But Not Made. Serial Publication Order: No 
Submission Channel: Section 12(1) Labelling Body 
Related Publications: 502335 

It's funny stuff like this that makes me want to cover more of their decisions. Unfortunately it takes up enough time just covering our own censorshit.

I have to hand it to the NZ OFLC though when it comes to their database. It provides much more information than our own version.

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Just a quick mention of just a few of the titles that have been added to the database over the past few months.

All come from the late 70's through to the 80's, and in someway had problems with our censors. There are still heaps more titles from the 70's and early 80's to include, so new ones are continually being added to the list. Be sure to check it out regularly to expand your knowledge of Australia's dark censorship history. Filling in the gaps by adding these titles (which I guess would now pass uncut) is probably the most enjoyable part of doing this site. It's far less depressing than reporting on the latest censorship crisis of the day. Time spent covering the latest BIG BROTHER bullshit could be dedicated to researching the long censorship history of the original TEXAS CHAINSAW MASSACRE. Wouldn't you prefer to read that!

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BELLADONNA: NO WARNING 2 was yesterday banned for a second time. This was despite Calvista submitting a censored version.

Also banned was the DVD of BENJAMIN BRAT'S SUPER FREAK GANG BANG. Again, Calvista were the applicant.

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The Attorney-General Philip Ruddock has announced another review aimed at removing some of the restrictions placed on distributors. This follows his review from a couple of months back into Simplifying the classification of DVDs.

As mentioned before, it's important to make your voice heard when these opportunities come up. As short submission is all it takes. Those who constantly call for increased censorship are no doubt busy preparing theirs.

ATTORNEY-GENERAL THE HON PHILIP RUDDOCK MP 
NEWS RELEASE 
28 August 2006 162/2006 

REVIEW OF ADVERTISING OF UNCLASSIFIED MATERIAL 

The Attorney-General, Philip Ruddock, today released a discussion paper on the advertising provisions for unclassified material within the National Classification Scheme. 

“The climate for advertising films and computer games has significantly changed with emerging technologies, such as DVDs and the Internet, and the increasing risk of piracy,” Mr Ruddock said. 

“In order to be internationally competitive, industry can no longer afford to stagger release dates across the globe.” 

The discussion paper proposes to remove the current prohibition on advertising unclassified material. This would allow advertising in advance of classification for cinema-release films, DVDs, videos and computer games. 

A broad range of safeguards will be implemented to ensure consumers can make informed choices and are not exposed to inappropriate material.

“The proposed reforms should balance the need to inform and protect consumers with the need to reduce the regulatory burden on industry,” Mr Ruddock said. 

The discussion paper is available at www.ag.gov.au under the heading Current Issues. Submissions can be made to the Attorney-General’s Department until 18 September 2006. 

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The Classification Board this week issued a media release explaining their reasons for awarding THE Book of Revelation an R18+ rating. It's unclear if this was due to calls for a lower rating, or to have the film banned.

Australian Government
Classification Board
31 August 2006 
MEDIA RELEASE 

The Book of Revelation classified R 18+ 

The Classification Board classified the new Australian film, The Book of Revelation R 18+ with the consumer advice, ‘High level sexual violence, Sexual activity’ on 8 August 2006. 

Films classified R 18+ are legally restricted to adults. Persons aged under 18 years cannot be admitted to films classified R 18+. Some material classified R 18+ may be offensive to sections of the adult community. 

The Book of Revelation is a film by Australian filmmaker Anna Kokkinos based on the novel by Rupert Thomson. It deals with the struggles of a man named Daniel who is abducted, sexually abused by a group of women and then released. 

The Classification Board found that The Book of Revelation contains some sequences of violence and sexual activity that have high viewing impact. The Board also noted that the film contains sex scenes, coarse language and drug use that could be accommodated within a lower classification. 

In making its decision the Classification Board noted that the film contains repeated depictions of Daniel chained, distressed and naked during the scenes of his captivity. The Board considered that these scenes emphasized Daniel’s degradation at the hands of his captors and portrayed the sexual assaults perpetrated upon him as horrifying acts of violence that the film does not in any way eroticize. 

Though The Book of Revelation contains scenes containing explicit sexual activity, the Board considered that these depictions could be accommodated within the R 18+ classification because they are brief and within the context of the film’s narrative. 

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

***

This SMH article looks at THE Book of Revelation, and other recent controversial Australian films. All are a welcome change of pace from the flood of lame Aussie comedies we've had to endure during the past few years.

A violent change of direction. SMH 26.08.06

Even before its premiere, the movie was controversial; a Melbourne newspaper described it as a "$4.5 million rape film" and questioned whether it should have received Government funding.

The Book of Revelation was well received at the Melbourne International Film Festival and is headed for the much bigger Toronto event next month. But it has been slapped with an R18+ rating - the sexual violence and the sight of a shadowy penis and a woman masturbating was too much for MA15+.

"If you want to have a diverse industry, you're going to have to encourage some directors to go for it, to be bold and challenge an audience," says Brian Rosen, the chief executive of the Federal Government's Film Finance Corporation. "There's no doubt that The Book of Revelation is going to very much divide an audience. The same goes for 2:37."

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The Classification Board this week issued a media release explaining their reasons for awarding an M rating to the game BULLY.

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Finally, it was sad to hear about the death Don Chipp on Monday. He was instrumental in dragging Australia's censorship laws into the 20th Century. Before his reforms there was no R18+ rating, and all Adult titles had to be censored down to be suitable for viewing by children. The full horror of those years is something that will one day be covered on this site. 

Here is part of an interview with Don from Andrew Denton's enough rope program in which he comments on the censorship situation.

Enough Rope. ABC TV 29.03.04

Andrew Denton: When you were Minister for Customs and Excise you were in charge of censorship in this country and at that time, late 60s early 70s, you've described Australia as censorship crazy, in what way?

Don Chipp: When I actually first became Minister the list of banned books was banned. They weren't published.

Andrew Denton: The list was banned?

Don Chipp: The list was banned, you didn't know what was banned and what wasn't. I'd been told, so I know when I published the list, cause I published the reasons why it was banned.

Andrew Denton: Were there some stupid bannings, I mean were these all sexual books or...

Don Chipp: No, well Noddy was banned once.

Andrew Denton: Noddy?

Don Chipp: Enid Blyton, because there was a page on 84 which said, "and Noddy walked down a country lane and felt a little queer".

Andrew Denton: And that was banned?

Don Chipp: Mm.

Andrew Denton: In this country? What did you keep in your office, was it books, was it magazines?

Don Chipp: No, no, no, what I did was I, I allowed all the members of parliament and the press to take the banned books, these were banned books of literary merit home, but I didn't let them take the porn home for obvious reasons. So I said, if you want to see the pornography that we banned, come to my office and see my hapless secretary Trevor who will show it to you. So Trevor had regular visits from 12 members, mostly members of Liberal and, all members of the Liberal, and they used to turn this over and say Trevor isn't this dreadful, look. Trevor that's dreadful? And Trevor said well what are you looking at it for. Oh we've got a duty to our constituents. And they were the blokes, they were the blokes who were criticising me in public for being, for allowing the pornography and to pay the A&R.

Andrew Denton: So they knew what was good for people better than people themselves?

Don Chipp: They reckoned they did yeah. I think censorship is evil Andrew, because it's the beginning of the beginning of the big brother state, and if you start censoring matter from facts from people then it's an easy step to censor all sorts of things, and then they don't know what's going on. We've got the Tampa incident, the children overboard incident, there was censorship. They were lies in my view.

It looks like the gay documentary DAMON AND HUNTER: DOING IT TOGETHER will need to be edited if it is to screen in September at Queer Screen’s  Sydney queerDOC festival. This is despite the full version being rated X18+ in May, and having been shown at the Melbourne Underground Film Festival in July.

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Mobile phone porn has been this weeks hot topic for increased censorship.

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Eros Magazine Vol.7 No3 is out now. Subscription information, and a selection of some of the articles can be found here.

In a week where the issue of censorship of mobile phone porn was in the news, Fiona Patten's article makes for interesting read.

A Communication Policy for the Birds.  Eros Magazine Vol.7 No3

Let’s take another example. Currently it is quite legal to sell a government classified, X rated, non-violent erotic film to an adult, via a website. I can download the complete film directly to my computer and watch it or hook it up to the bedroom TV. In fact I can just buy my favourite 15 minute scene from the film and watch that as many times as my partner can stand it. In the ACT, Transact, a company partly owned by the ACT government, can provide X rated films through an ‘on demand’ service where the cost of the film is charged to your phone bill. They provide this service using an IPTV platform and through an arrangement with the public company, Adultshop.com.

As a taxpaying adult, I prefer to download that same material using my mobile phone, which can also store film. But the Government is now considering banning legal, classified adult material from this new format. Communications Minister, Helen Coonan (once a founding member of the parliamentary civil liberties outfit, the John Stuart Mill Group) has stated that, “I will soon bring to Parliament legislative measures to provide safeguards comparable to those in place for traditional media. It will extend the current safeguards that apply to content delivered over the Internet or television, to be applied to content delivered over convergent devices. This will include prohibition of content rated X18+ and above, requirements for consumer advice and age-restricting access to content suited only to adults.”

The SMH reported on August 9th that the NSW Council of Civil Liberties intends to challenge the recent book ban in the Federal Court. The two books, Defence of the Muslim Lands and Join the Caravan were banned by the Review Board in July.

Quoted from:
Islamic book ban challenge. SMH 09.08.06

The council's president, Cameron Murphy, said: "We think Australia has a strong and robust democracy, and in a strong and robust democracy there should be a degree of tolerance that can accept material as unpleasant as this.

"The process of banning it is a slippery slope and one we shouldn't be going down."

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The Classification Board has just banned BELLADONNA: NO WARNING 2. It joins an ever-growing list of Belladonna titles that have been Refused Classification in Australia. NO WARNING 1 was banned back in February, but was later passed with cuts. 

Also banned was Jenna Jameson's 2004 feature, THE MASSEUSE.

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The controversial new Australian film 2:37 is now in release. Roadshow initially wanted to have the Review Board look at the R18+ (High Level Themes, Suicide Scene) rating in the hope that it could be dropped to MA15+. However a last minute change of heart means the film retains the R18+.

Australian Government
Classification Review Board
31 July 2005 
MEDIA RELEASE 

Review announced for the film 2:37 

The Classification Review Board has received an application to review the classification for the film, 2:37.

 2:37 was classified R 18+ with the consumer advice, “High level themes, Suicide scene”, by the Classification Board on 26 May 2006. 

The Classification Review Board will meet on Monday August 7 to consider the application. 

The Classification Review Board’s decision and reasons for its decision will appear on the OFLC website once the review has been finalised. 

The Classification Review Board is an independent merits review body. Meeting in camera, it makes a fresh classification decision upon receipt of an application for review. The Classification Review Board decision takes the place of the original decision made by the Classification Board. 

Australian Government
Classification Review Board
7 August 2005 
MEDIA RELEASE 

Review for 2:37 cancelled 

Roadshow Film Distributors Pty Ltd have withdrawn their application for review of the classification for the film, 2:37. 

The Classification Review Board had convened to review the film when the cancellation was made. 

2:37 was classified R 18+ with the consumer advice, “High level themes, Suicide scene”, by the Classification Board on 26 May 2006. 

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Just released is the Review Board report for failed attempt by Twentieth Century Fox to get ICE AGE: THE MELTDOWN dropped from PG to G. Instead the Review Board changed the consumer advice from "Mild Scary Scenes" to "Mild Scenes of Menace".

Australian Government
Classification Review Board
3 April 2006 
23-33 MARY STREET SURRY HILLS, NSW 

MEMBERS: Ms Maureen Shelley (Convenor) Mrs Gillian Groom Ms Kathryn Smith 

APPLICANT: 20th Century Fox Film Distributors Pty Ltd (Fox), original applicant for classification, represented by Mr Russell Anderson (National Sales Manager, Fox), Ms Stephanie Leslight (National Promotions Manager, Fox) and Mr John Dickie (Consultant, Fox). 

BUSINESS: To review the Classification Board’s decision to classify the film Ice Age: The Meltdown ‘PG’ (Parental Guidance) with the consumer advice ‘Mild scary scenes’.

DECISION AND REASONS FOR DECISION 

1. Decision 

The Classification Review Board (the Review Board) in a unanimous decision, classified the film Ice Age: The Meltdown (the film) PG (Parental Guidance), with the consumer advice ‘Mild sense of menace’. 

2. Legislative provisions 

The Classification (Publications, Film and Computer Games) Act 1995 (the Act) governs the classification of films and the review of classification decisions. Section 9 of the Act provides that films are to be classified in accordance with the National Classification Code (the Code) and the classification guidelines. 

Relevantly, the Code in paragraph 6 of the Table under the heading ‘Films’ provides that: 

Films (except RC films, X 18+ films, R 18+ films, MA 15+ films and M films) that cannot be recommended for viewing by persons who are under 15 without the guidance of their parents or guardians are to be classified ‘PG’.

The Code also sets out various principles to which classification decisions should give effect, as far as possible. Section 11 of the Act requires that the matters to be taken into account in making a decision on the classification of a film 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 film; and 

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

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

Three essential principles underlie the use of the 2005 Guidelines for the Classification of Films and Computer Games (the Guidelines), determined under s.12 of the Act:

 • The importance of context; 

• The assessment of impact; 

• And the six classifiable elements – themes, violence, sex, language, drug use and nudity. 

3. Procedure 

The Review Board convened on 3 April 2006 to determine the validity of the application for review from Fox, received on 23 March 2006, view the film and consider the substance of the application. Three members of the Review Board viewed Ice Age: The Meltdown at the Review Board’s meeting on 3 April 2006. 

The Review Board received an oral submission from Mr John Dickie on behalf of Fox, in addition to the written submission provided. The Review Board then considered the matter.

4. Evidence and other material taken into account 

In reaching its decision the Review Board had regard to the following: 

(i) Fox’s application for review; 

(ii) Fox’s written and oral submissions; 

(iii) The film;

(iv) The relevant provisions in the Act; 

(v) The relevant provisions in the Code; 

(vi) The Classification Board’s report; and 3 

(vii) The Guidelines for the Classification of Films and Computer Games 2005. 

5 Synopsis 

Ice Age: The Meltdown is the sequel to Ice Age. The ice age is coming to an end and the animals are delighting in the melting paradise that is their new world. Manny the woolly mammoth, Sid the sloth and Diego the saber-toothed tiger quickly learn that the warming environment has one major drawback – a huge glacial dam is about the break, threatening the entire valley. The only chance of survival lies at the other end of the valley. So the three animals, along with a mammoth named Ellie and her two ‘brothers’ – possums Crash and Eddie – embark on a mission across an increasingly dangerous landscape towards their salvation.

6 Findings on material questions of fact 

The Review Board found that the film contains aspects or scenes of importance, under the classifiable elements of themes and violence. There were no notable aspects under the elements of sex, drug use, nudity and coarse language.

 (a) Themes – a sense of threat and menace pervades the film through the theme of global warming and the impending doom of the ice melt down. 

At approximately 31 minutes reptilian creatures explode out of the ice and scare the mammoth. They are an evil, threatening presence throughout the film. 

At approximately 41 minutes Ellie has a flashback to the trauma of being lost and alone as a baby mammoth in the winter. The scene is very desolate and appears to be something to which children would relate and fear. 

At approximately 13 minutes the menacing presence of the vultures is depicted. Their characters state: the “more you die, more we eat”. They present as scary beings. 

At approximately 54 minutes the vultures are depicted overlooking the animals as they sleep. At approximately 59 minutes, the vultures are a threatening presence in the trees as animals walking underneath. They sing “food, glorious food” as rocks fall and water spurts, and the animals scream. 

At approximately 64 minutes the vultures are overhead and, in a tone similar to flight attendants, say “all unattended children will be eaten”. 

From approximately 66 minutes to 72 minutes the animals are all running in panic as a tsunami bears down on them. Ellie is trapped in rocks as water rises. This is a prolonged sequence about an animal to which children could have grown attached. Ellie is still stuck for some time and there is tension as the water rises and she appears to be in danger. At approximately 72 minutes a character says “we’re going to die”. 

(b) Violence – Throughout the film there is a theme of bullying of the sloth. At approximately 4 minutes a character says: “torture the sloth” “hit him on the head”. At approximately 9 minutes the sloth is going to jump from the cliff “so you will show me respect” as the crowd calls “jump”, this scene is depicted as a possible suicide attempt, which potentially provides comic relief. Other scenes of violence 4 include that of the tortoise at approximately 8 minutes where his head is pushed under the water. 

7 Reasons for the decision 

Whilst much of the violence in the film is very mild in nature, the cumulative impact of the sense of menace, the mild impact of the theme of global warming, the distressing (albeit short) scene of the young mammoth being left as a baby and the violent and comic bullying of the sloth increase the impact of these elements to mild. 

8 Summary 

The Review Board determined that Ice Age: The Meltdown should be classified PG, with the consumer advice ‘Mild sense of menace’. The Review Board's decision was unanimous.

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Here is an interesting look at the life of a censor in New Zealand.

Looking through the censors' eyes. Stuff 13.08.06

"Censorship. It's a dirty job, and somebody has to do it. But who? What could possibly drive someone to be a censor? Not the money, that's for sure. The salary for an experienced classification officer is less than $60,000. So why would someone voluntarily sit in a darkened room for days, months, years of their life, watching acts of extreme cruelty, harrowing sexual violence and the more repulsive ends of the porn spectrum?"

Now at the moment NZ$60,000 is around Aus$50,500. The last time our own OFLC were advertising they were offering a salary of around Aus$80,000!

"Most films and DVDs released in New Zealand with G, PG or M ratings are classified in Australia, which means local classifications officers wade through the more extreme stuff."

Maybe our guys get paid more because they have to sit through hours of G, PG, and M rated children's stuff. While over in New Zealand at least they get to watch more grown up entertainment.

Joking aside, either one is overpaid, or the other is underpaid. I'll leave it for you to decide.

The fall-out continues from the Classification Board's refusal to ban the majority of so-called terrorism books. The Attorney-General Philip Ruddock has not given up. He put the issue on the table at the July 27-28th 2006 meeting in Melbourne of the Attorneys-General. 

Ruddock claimed a victory, whist the Victorian Attorney-General Rob Hull begged to differ. He described the new censorship proposals as "half-baked". 

Also discussed was a proposal put forward by South Australian Attorney-General, Michael Atkinson to further clamp down on computer games. Thankfully it was rejected, but it shows once more that any hope of an R18+ for games rests on Atkinson being out of the Attorney-General's job.

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Jason Hill's Screenplay Blog takes a look at the new PricewaterhouseCoopers Entertainment & Media Outlook: 2006 - 2010 report that recommends an R18+ for games.

Censor censure. The Age 02.08.06

"The introduction of an R18+ classification would be to the public's benefit, rather than a social evil, because it would provide more information to consumers," the report says.

"It's time the Australian classification regime for interactive games was brought into line with those of other countries and other forms of entertainment, such as films and literature."

Also from Screenplay. An interview with Mark Angeli, freelance writer/director in video games, animation and film about his opinions on sex in games.

No sex please, we're gamers. The Age 03.06.06

Do you think the infamous Hot Coffee scenes from Grand Theft Auto San Andreas would have been given the all clear from the OFLC if they were submitted for an MA15+ rating?

No. For the same reason Federal cops still raid comic shops - because dumb people believe that games and comics are only for kids right? They shouldn't be to adult-oriented, period.

But frankly those scenes are a waste of developer and player time. The things that make the GTA series great are not that crap, it's the sand-box world, the settings and some good driving physics, not sub-par erotica. Whoever made that call needs to quit and become a porn director if that's what blows his hair back.

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In this opinion piece, George Williams shows how Australian's rights are being slowly stripped away.

Seen but not heard . SMH 29.07.06

WHEN it comes to freedom of speech we are in danger of losing our sense of perspective, as well as our sense of humour. The latest proposal from the Attorney-General, Philip Ruddock, is to ban books that praise terrorism and to censor TV shows such as Big Brother.

Australians take freedom of speech for granted. It is one of the bedrocks upon which our democracy is built, an assumption that underpins our law and politics. Yet far from being liberal about what we can say, the law prohibits many things that are the subject of public debate in other nations.

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Don't expect any porn on all of those extra digital channels. Now wouldn't that increase the take-up of the format!

Porn providers join the race for new digital TV channels . SMH 27.07.06

THE adult entertainment industry is pushing the Federal Government to allow pornography on new digital television channels.

An industry body, Eros Association, said yesterday it had requested a meeting with the Communications Minister, Helen Coonan, to discuss the potential for a porn channel.

But the Government is expected to take a hard line, fearing a public backlash in the lead-up to an election year. Companies interested in bidding for up to 30 digital channels have already been warned that porn and gambling-related channels are off the cards.

One media executive said yesterday that subscription-based channels for gambling or porn "made the most convincing business cases", but would probably be banned.

The Eros chief executive, Fiona Patten, said a porn channel would help drive the take-up of digital TV. She said the Government should consider allowing X-rated as well as R-rated content otherwise "the Government is effectively saying violence is OK but sex is not. People can watch Texas Chainsaw Massacre, but not Debbie Does Dallas".

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Following cuts, Calvista have been awarded an X18+ for the hardcore DVD of A TRANS NAMED DESIRE. This Rocco Siffredi directed feature was originally banned in mid-July.

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Tracee Hutchison takes a look at the controversial new Australian film 2:37.

R rating shackles, not protects, teenagers. The Age 29.07.06

In the 12 months since the Mysterious Skin furore, the policy and administration functions of the Office of Film and Literature Classification have been quietly rolled into the Attorney-General's Department.

The official line from both parties when this was implemented in February was business as usual, but in light of Philip Ruddock's chagrin this week over the Classification Review Board's decision to ban only two of eight so-called hate books he submitted, questions must surely be asked about how long the arms-length operations of the Classification Board and the Attorney-General's Department can viably coexist.

It is worth noting that the two books banned from release this week - Defence of the Muslim Lands and Join the Caravan - had originally been given the OK by the Classification Board, but were found to fall short of anti-terror guidelines only after the Attorney-General appealed. Isn't it just a little bit weird that Ruddock can mount a personal challenge to a decision by a federal agency that is ostensibly under his responsibility?

Isn't it also a massive test of the Classification Board's independent mettle?

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The DVD of SLAUGHTERED VOMIT DOLLS is now on the customs hit list. Another title to think twice about before ordering. 

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The ASB has dismissed the complaint against an advertisement for the film HOSTEL.

Advertising Standards Board

1. Complaint reference number 255/06 
2. Advertiser Sony Pictures Releasing (“Hostel”) 
3. Product Entertainment 
4. Type of advertisement Internet 
5. Nature of complaint Violence 
6. Date of determination 11 July 2006 
7. DETERMINATION COMPLAINT DISMISSED

DESCRIPTION OF THE ADVERTISEMENT 

This internet advertisement banner announces the DVD release of the movie “Hostel” and features a picture of a threatening-looking man seemingly spattered with blood and the text reading “Welcome to your worst nightmare”. Another man is shown bound and looking terrified, with an object forcing his mouth open and being held by a gag and the text “Sick Twisted Disgusting and Absolutely Brilliant”. The final image is of a man with his head drawn right back, his mouth forced open and an electric drill inside his mouth directed towards his lower jaw. The release date of the DVD is shown. 

THE COMPLAINT 

Comments which the complainant/s made regarding this advertisement included the following: 

The graphic and violent nature of the image left me feeling sickened. 

I would suggest that the advertisement violates all sensible community standards regarding the depiction of extreme violence. In an age where torture and human rights abuses are reported…the inclusion of an advertisement depicting such a situation for the purpose of entertainment is distasteful at best, and exploitative at worst. 

THE ADVERTISER’S RESPONSE 

Comments which the advertiser made in response to the complaint/s regarding this advertisement included the following: 

Any violence portrayed is in the context of our product. To advise consumers further to the content of the film, we included a review quote in the advertisement that clearly indicated the content/nature of the film. 

The placements will conclude on July 2. 

THE DETERMINATION 

The Advertising Standards Board (“Board”) considered whether this advertisement breaches section 2 of the Advertiser Code of Ethics (the “Code”). 

The Board noted the complaint’s concern about the violent images shown as part of the advertisement. The Board noted the advertisement’s placement on the website and that the still image indicates that the movie is R 18+ rated. Violent images are not shown until the image is clicked. 

The Board considered that the violence shown in the advertisement was justifiable in the context of advertising an R18+ movie. The Board also noted that the advertisement’s placement on the internet website, with a clear statement that the movie is classified R18+ was appropriate warning about the possible content of the advertisement. The Board noted that it had considered one of the images (that of the man holding the drill in his mouth) in its format as a print advertisement and that it had considered the image also appropriate for print. 

The Board considered that the advertisement did not depict violence in a manner that breach section 2.2 of the Code.

 Further finding that the advertisement did not breach the Code on any other grounds, the Board dismissed the complaint.

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Roadshow Film Distributors have lost their appeal to have the M rating of STORMBREAKER dropped to PG. Instead the Review Board increased the consumer advice from 'Moderate Action Violence' to 'Frequent Action Violence'.

Australian Government
Classification Review Board
31 July 2006 
MEDIA RELEASE 

Review announced for the film Stormbreaker

The Classification Review Board has received an application to review the classification for the film, Stormbreaker.

 Stormbreaker was classified M with the consumer advice, “Moderate action violence”, by the Classification Board on 20 July 2006. 

The Classification Review Board will meet on Wednesday August 2 to consider the application. 

The Classification Review Board’s decision and reasons for its decision will appear on the OFLC website once the review has been finalised. 

The Classification Review Board is an independent merits review body. Meeting in camera, it makes a fresh classification decision upon receipt of an application for review. The Classification Review Board decision takes the place of the original decision made by the Classification Board. 

Australian Government
Classification Review Board
2 August 2006 
MEDIA RELEASE 

Stormbreaker classified M upon review 

A 4-member panel of the Classification Review Board has determined, in a unanimous decision, that the film, Stormbreaker is classified M with the consumer advice, “Frequent action violence”.

In the Classification Review Board’s opinion, Stormbreaker warrants an M classification because it is an action film containing numerous scenes where mild realistic violence is depicted which, when taken together, have a cumulative impact that takes the film into the M classification.

 “Some of the scenes have a comedic characteristic which lightens the threatening aspect of the violence in individual instances”, said Classification Review Board Deputy Convenor, the Hon Trevor Griffin, “however, the frequency enhances the effect of the violence, in fact increasing the overall impact in the film to moderate.” 

M is an advisory classification. Films classified M are not recommended for persons under 15 years of age. There are no legal restrictions for the M classification. 

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 Stormbreaker made by the Classification Board on 20 July 2006. 

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. Meeting in camera, it makes a fresh classification decision upon receipt of an application for review. This Classification Review Board decision takes the place of the original decision made by the Classification Board.

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

Gallery Entertainment have censored two of their titles to receive X18+ ratings. BIG ON TOP 2 and TEEN PINK PUSSY 4 were originally banned in June.

You have one more week to go if you wish to make a submission to the Simplifying the classification of DVDs review. The final date is July 21st.

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Helen Coonan this week announced a shake up of the media laws. 

Senator the Hon Helen Coonan Minister for Communications, Information Technology and the Arts 
Media Release 069/06 
13 July 2006

ACMA’s Broadcasting Powers Strengthened The Australian Communications and Media Authority (ACMA) will be given a range of new enforcement powers to strengthen its capacity to effectively regulate the broadcasting industry, Minister for Communications, Information Technology and the Arts, Senator Helen Coonan announced today.

“It has been clear for some time that ACMA requires a new range of powers to more effectively enforce broadcasting laws,” Senator Coonan said. “That is why the Government released a discussion paper in November 2005 and consulted widely with industry and consumers on how to best equip ACMA to regulate the broadcasting industry.”

“ACMA’s current broadcasting regulatory powers are generally concentrated at the higher end of the scale. Criminal penalties or the cancellation of a broadcasting licence may not be a workable response when incidents are minor or where the offending behaviour is not repeated.

In most cases, the new powers are similar to those that ACMA already uses in its role as the regulator of telecommunications services.

The additional powers will include:

“The Government is introducing these changes to enable ACMA to be more responsive, particularly when it comes to ensuring compliance with broadcasting codes of practice and licensing conditions,” Senator Coonan said.

“The changes, which have been in train for some time, will complement and build on the recently announced review of television codes of practice for reality television by ACMA and the Government’s announcement in June this year that content safeguards would be extended to mobile devices and premium Internet services.

“These changes will give ACMA greater options for appropriately dealing with breaches of the Broadcasting Services Act and the power to negotiate enforceable outcomes that will achieve better long-term compliance.”

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One more customs confiscation to report. BUMFIGHTS: A CAUSE FOR CONCERN was taken in 2005.

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In a break with tradition the Classification Board have actually revealed their reasons for banning something. A media release explaining the RC rating of Reservoir Dogs was issued on June 28th. On July 7th, New Zealand joined Australia in banning the game.

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Adult gamers call for R rating. Australian Personal Computer 07.07.06

Under the current federal government legislation, it is illegal to sell or display material refused classification by the OFLC, thus the importation of such material is banned. However a loophole might exist with regards to downloading RC material, according to EFA’s Graham.

While laws exist to make the possession of material such as child pornography illegal, in most states laws have not been enacted to cover RC material, she said.

“Under Commonwealth law it would be illegal to make it available on an Australian website. But the only districts in Australia that ban possession of RC material are NT and WA. In those states if you’ve downloaded RC material you have broken the law.”

The WA government has recently gone a step further to control the video game market, slapping a $5000 fine on the public display of MA15+ games. The Censorship Act 1996 Section 85 also introduces a $2000 fine for publicly displaying an unclassified game which would have received an MA15+ rating if classified.

The new amendments to the WA law mean that retailers won’t be able to display or promote legally available MA 15+ games, as well as extending the law into the home. WA now makes it an offence with a $2000 fine for showing an MA 15+ game to a minor under 15, unless you are the parent or guardian of the child. ABC news reported that the Liberal and Green parties combined to get the amendment through the WA Upper House.

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The following articles show that companies like Gallery Entertainment and Calvista are competing against a huge illegal porn industry.

Illicit porn trade rife. The Australian 02.07.06

ILLEGAL and extreme pornographic films are being traded under the noses of police through an Australian network of sex shops, other stores and truck stops.

A Sunday Age investigation has revealed state governments are turning a blind eye to the trade, which is controlled by criminal gangs and worth up to $300 million a year.

Thousands of films, with images of underage sex, incest, rape and extreme violence, are being supplied via post office box addresses in the Northern Territory, where sales of X-rated films is legal.

The catalogues, which offer pirated copies of X-rated films or unclassified films for Australia, brag about the depraved content of movies.

Customers send money to NT post office boxes to claim their films, which are redirected to Sydney or Brisbane, where orders are filled.

Digital Sinema owner Jim Karas would not say whether he was selling illegal and unclassified pornography.

"Why should I tell you?" Mr Karas said. "Just go away and write about something people care about."

Mr Karas's company is facing piracy charges in the Federal Magistrates Court in a case that starts tomorrow.

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Porn trade failure. The Age 02.07.06

Federal Attorney-General Philip Ruddock said he was concerned state governments appeared to be ignoring seriously criminal activity. "When the law specifically provides that material ought to be presented for classification, and it's not, then it is beyond doubt that people distributing that material are committing offences," he said.

A spokesman for Victorian Attorney-General Rob Hulls said law changes last year had made it easier for police to prosecute people who sold X-rated and unclassified material. "We expect our police to enforce these laws," he said.

But Superintendent Mick Williams said that since the vice squad was disbanded, it had become difficult for police to investigate these crimes. "This is largely a community policing issue now … where we can really only act if someone complains," he said.

There have been no successful prosecutions for selling X-rated or unclassified pornography in Victoria or any other state.

Aaron Ross, a spokesman for Northern Territory Chief Minister Clare Martin, said the NT Government was unaware that any illegal pornographers were operating from Darwin. "If they are, then that's a matter for the police, not us," he said.

Eros Association chief executive Fiona Patten, whose organisation represents the adult-products industry, said the blackmarket porn trade had destroyed the ACT's once-thriving mail-order industry. "This is the only place in Australia where the sale of adult films is properly regulated," she said.