Banned Games of 2010-2012

Five games were banned in Australia between 2010 and 2012.

ACMA 2010001752 ITEM 1 was Refused Classification in 2010.

This was followed in 2011 by MORTAL KOMBAT (2011), THE WITCHER 2: ASSASSINS OF KINGS (2011), HOUSE OF THE DEAD: OVERKILL -EC (2011) and SYNDICATE (2011).

In March 2012, MORTAL KOMBAT (2011) was banned for a second time when submitted for the PlayStation Vita. This would be the final game to be Refused Classification before the January 2013 introduction of the R18+ rating.

ACMA 2010001752 ITEM 1 ACMA (Laptop)

Publisher Unknown / 2010

In 2010, the following entry appeared in the National Classification Database.

September 2010
ACMA 2010001752 ITEM 1 ACMA (Laptop)
Classification: RC
Consumer Advice:
Category: ACMA – Computer Games
Version: ORIGINAL
Duration: Variable
Date of Classification: 13/09/2010
Author: N/A
Publisher: N/A
Production Company: N/A
Country of Origin: Not Shown
Applicant: Australian Communications and Media Authority
File Number: T10/4021
Classification Number: 243062

– Classification Board

Items submitted by the Australian Communications and Media Authority (ACMA) are listed only as a number and never by their actual title. This is presumably to prevent members of the public from seeking out the content online.

Unless the Classification Board reveals the name, then the title will remain unknown.

Identifying the ACMA submissions

Richard wrote to the ACMA and requested a copy of the Classification Board’s report for this item.

October 17, 2013
Thank you for your enquiry received by the Australian Communications and Media Authority (the ACMA) on 9 October 2013 about obtaining a copy of a certain Classification Board decision report.

Please be advised that Classification Board reports should be requested directly from the Classification Board, either via their website or by calling (02) 9289 7100.

The ACMA understands that you have recently applied to the Classification Branch to obtain a copy of a report, however we also understand that the Classification Branch has decided not to make the report available in this instance. In certain circumstances, decision reports are unlikely be provided. In your case this may be because there are specific exemptions for the release of information that could assist in identifying prohibited online content under Australian law.

You may wish to seek further information from the Classification Board regarding their reasons.

As an applicant to the Classification Board for formal classification decisions, the ACMA generally does not provide copies of Classification Board decisions upon request when they relate to prohibited content.

However, the ACMA can confirm that the content was classified by the Classification Board within the context of a game that was previously refused classification (classified RC) in 2009. At the time of the Classification Board’s decision the content was refused classification in accordance with item 1(d) (Computer Games table) of the National Classification Code, due to it containing high impact violence unsuitable for minors to see or play.

Thank you for your enquiry. I hope this information is of assistance

ACMA Hotline
Australian Communications and Media Authority
E online@acma.gov.au
www.acma.gov.au/hotline

– To: Richard
– From: Australian Communications and Media Authority

This contradicts what he was initially told by the Classification Board, who advised him to contact ACMA.

Richard was able to narrow down the identity of the item from this paragraph in the ACMA’s e-mail.

October 17, 2013
…ACMA can confirm that the content was classified by the Classification Board within the context of a game that was previously refused classification (classified RC) in 2009. At the time of the Classification Board’s decision the content was refused classification in accordance with item 1(d) (Computer Games table) of the National Classification Code, due to it containing high impact violence unsuitable for minors to see or play.

– To: Richard
– From: Australian Communications and Media Authority

Six games were banned in 2009. In order, these were:

• NECROVISION (2009)
• SEXY POKER (2009)
• RISEN (2009)
• LEFT 4 DEAD 2 (2009)
• CRIMECRAFT (2009)
• ALIENS VS PREDATOR (2009)

SEXY POKER (2009), RISEN (2009) and CRIMECRAFT (2009) were banned ‘…in accordance with item 1(a) of the computer games table of the National Classification Code’.

Only NECROVISION (2009), LEFT 4 DEAD 2 (2009) and ALIENS VS PREDATOR (2009) were banned ‘…in accordance with item 1(d) (Computer Games table) of the National Classification Code’.

In December 2009, ALIEN VS PREDATOR (2009) was cleared by the Classification Review Board with an MA15+ rating.

Therefore, ACMA 2010001752 ITEM 1 ACMA (Laptop) was either NECROVISION (2009) or LEFT 4 DEAD 2 (2009).

Further Reading

See the ENZAI: FALSELY ACCUSED (2002) in the Game Censorship Database for an example of an ACMA submission whose title was revealed.

Mortal Kombat

aka Mortal Kombat Komplete Edition

aka Mortal Kombat 9 Game of the Year Edition

Publisher Warner Bros. Interactive Entertainment / 2011 / MobyGames

In February 2011, MORTAL KOMBAT was banned because of violence that exceeded strong in impact.

Warner Bros. Entertainment was the applicant.

Classification Board report

February 2011
Classification decisions are made in accordance with the Classification (Publications, Films and Computer Games) Act 1995 (the Act), the National Classification Code and the Classification Guidelines.

Production Details:
Title: MORTAL KOMBAT
Alternate titles:
Publisher: WARNER BROS ENTERTAINMENT
Programmer: NETHER REALM
Production Company: NOT SHOWN
Year of Production: 2011
Duration: VARIABLE
Version: ORIGINAL
Format: MULTI PLATFORM
Country/ies of origin: USA
Language/s: ENGLISH
Application type: CG6
Applicant: WARNER BROS. ENTERTAINMENT AUSTRALIA

Dates:
Date application received by the Classification Board: 15 February 2011
Date of decision: 24 February 2011
Decision:
Classification: RC
Consumer advice:

Synopsis:

This fighting/beat ’em up game sees Thunder God Rayden and his band of Earth warriors battling against Shao Kahn, the Emperor of Outworld, and his minions in order to prevent Armageddon. The game includes 25 characters and can be played in various modes including Story mode, Versus mode and Tag Team mode.

Reasons for the Decision:

In making this decision, the Classification Board has applied the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act), the National Classification Code (the Code) and the Guidelines for the Classification of Films and Computer Games 2005 (the Guidelines).

In the Board’s view this game warrants an “RC” classification in accordance with item 1 (d) of the computer games table of the National Classification Code:

“1, Computer games that:

(d) are unsuitable for a minor to see or play;” will be Refused Classification.

The game contains violence that exceeds strong in impact and is therefore unsuitable for persons aged under 18 years to play.

The game, which is said to be the ninth in the MORTAL KOMBAT series, contains various playable modes. In Story mode, a player engages in a series of one-on-one fights which progress a storyline involving Rayden trying to prevent Armageddon by pitting his Earth warriors against agents of Outworld. Story mode includes more than 15 hours of gameplay.

Versus mode involves one-on-one fights where a player battles against computer-controlled characters in a tournament (with customisable difficulty settings), or against other players. Tag Team mode is similar to Versus mode but allows a player to select two characters and switch between them during a fight.

Fights are depicted in side-view using realistically rendered 3D graphics, although a player is only able to move in two dimensions. The game is set in a dystopian fantasy realm and its cast of 25 characters includes humans, humanoids, creatures and robots. These characters are each able to perform punches, kicks and signature moves during a bout. Signature moves often involve a character’s particular weapon or supernatural ability. For example: Scorpion is armed with a spear on a chain which he can hurl into an opponent’s chest (with accompanying bloodspray) and pull them towards him; Baraka has blades at his wrists with which he can repeatedly stab an opponent in the stomach, again causing bloodspray; and Sub Zero can temporarily freeze an opponent or stab them in the chest with a blade made of ice.

The game also includes the ability to perform “x-ray” attacks. Given the correct preconditions, a player is able to push a simple button combination to initiate a short non-interactive series of attacks. The internal injuries caused by these attacks are depicted in close-up, including depictions of skulls cracking, ribs breaking and, occasionally, organs being damaged.

At the conclusion of a bout, a character is invited to perform a “finishing move” or “fatality”. To perform a fatality, a player has to push a series of button combinations within a short period of time. If this is successfully accomplished, a non-interactive cut scene is triggered which depicts a character explicitly slaughtering their opponent

Initially, the Move List within the game includes one finishing move per character, although a player is able to unlock up to four per character. The Board notes that fatalities cannot be performed in Story mode and are unlikely to be performed frequently during gameplay; however, it is also noted that there are more than 60 fatalities available and they are an important component of the game. Examples include but are not limited to:

– Kung Lao throws his metal hat into the ground and it spins like a buzz saw. He grabs his prone opponent by the ankles and drags their body through the saw, explicitly slicing them vertically in half. Copious bloodspray is noted. Kung Lao then holds up both halves of the corpse as blood pours out.

– Jade explicitly kicks an opponent into the air and plants her fighting stick into the ground. The opponent falls backwards onto the stick and is explicitly impaled, with the stick protruding from their chest. Jade then explicitly tears her opponent’s head off, with bloodspray noted, and explicitly plants it on the stick.

– Stryker tasers his opponent and then explicitly shoots their head off with his gun. Blood and gore is noted.

– Quart Chi explicitly rips his opponent’s leg off, accompanied by copious bloodspray. As they lie on the ground, he explicitly beats them with the severed leg for a prolonged period of time.

– Scorpion explicitly slashes an opponent horizontally in two at the waist, with Wood and wound detail noted. He then explicitly decapitates them and kicks their body over. As the severed head falls through the air, he explicitly slices it vertically in two.

– Mileena throws two blades at an opponent, which explicitly lodge in their chest. She slowly approaches and explicitly rips their head off, causing their severed neck to spray blood as their body topples. She then explicitly bites into the severed head before throwing it to the ground.

– Kabal uses long hooks to explicitly pull out an opponent’s intestines before explicitly impaling the opponent on two spikes.

– Shao Kahn uses his hands to explicitly rip an opponent’s body vertically in two.

– Baraka explicitly lodges a blade (attached to his wrist) in an opponent’s stomach and hoists them above his head. He spins them round and explicitly decapitates and dismembers them, accompanied by copious bloodspray.

– Kitana uses her ‘folding fan’ weapon to explicitly dismember then decapitate her opponent, with copious blood flow noted,

The game includes over 60 fatalities (some of which are noted above) which contain explicit depictions of dismemberment, decapitation, disembowelment and other brutal forms of slaughter. Despite the exaggerated conceptual nature of the fatalities and their context within a fighting game set in a fantasy realm, impact is heightened by the use of graphics which are realistically rendered and very detailed.

In the opinion of the Board, the game contains violence that exceeds strong in impact and is unsuitable for a minor to see or play. The game should therefore be Refused Classification pursuant to item 1 (d) of the computer games table of the National Classification Code.

Decision:

This game is Refused Classification.

– Classification Board report

Warner Bros. on the RC-rating

February 24, 2011
The highly anticipated video game MORTAL KOMBAT, published by Warner Bros. Interactive Entertainment (WBIE) in Australia, has been refused classification by the Australian Classification Board and will not release in Australia. We are extremely disappointed that MORTAL KOMBAT, one of the world’s oldest and most successful video games franchises, will not be available to mature Australian gamers.

WBIE would not market mature content where it is not appropriate for the audience. We understand that not all content is for every audience, but there is an audience for mature gaming content and it would make more sense to have the R18+ classification in Australia. As a member of the iGEA, WBIE is reviewing all options available at this time.

– Warner Bros. Interactive Entertainment

Warner Bros. challenges the RC rating

March 02, 2011
After careful consideration, Warner Bros. Interactive Entertainment Australia have decided to appeal to the Australian Classification Review Board against the RC (Refused Classification) decision given to MORTAL KOMBAT.

After reviewing both the gameplay and the Board’s original decision, WBIE Australia believes the violence in the game is on par with numerous other titles readily available for sale in the Australian market. As such the company wants to exhaust all options to make the game available to MORTAL KOMBAT fans in this country. An identical version of the game will be submitted for appeal.

– Warner Bros. Interactive Entertainment

Rating review announced

March 7, 2011
The Classification Review Board has received an application to review the classification of the computer game, MORTAL KOMBAT.

MORTAL KOMBAT was Refused Classification by the Classification Board on 25 February 2011.

The Classification Review Board will meet on 11 March 2011 to consider the application. The decision and reasons will later be published on www.classification.gov.au.

If an individual or organisation wishes to apply for standing as an interested party to this review, please write to the Convenor of the Review Board.

The closing date to lodge your application for standing as an interested party and any submissions is 5:00pm on Wednesday, 9 March 2011. Please note that the Review Board can only consider submissions about the game MORTAL KOMBAT itself and not any other matters relating to classification policy or issues generally.

Submissions should be emailed to crb@classification.gov.au or sent to:

The Convenor, Classification Review Board
Locked Bag 3, Haymarket NSW 1240

The Classification Review Board is an independent merits review body. 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.

– Classification review announced for the computer game, Mortal Kombat
– Classification Review Board

Appeal fails

March 14, 2011
A four-member panel of the Classification Review Board (the Review Board) has by majority decision determined that the computer game MORTAL KOMBAT is classified RC (Refused Classification).

In the Review Boards opinion, MORTAL KOMBAT could not be accommodated within the MA15+ classification as the level of violence in the game has an impact which is higher than strong. As MA15+ is the highest classification category available to computer games under the Australian Classification Scheme, the Classification Review Board must refuse classification to MORTAL KOMBAT.

Computer games classified RC cannot be sold, hired, advertised or demonstrated in Australia.

The Classification Review Board convened on 11 March 2011 in response to an application from the distributor of the computer game, Warner Bros Entertainment, to review the decision made by the Classification Board on 15 February 2011 to classify MORTAL KOMBAT RC.

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. This is the same framework used by the Classification Board.

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 Classification website when finalised.

– Mortal Kombat classified RC upon review
– Classification Review Board

Classification Review Board report

March 11, 2011
23-33 Mary Street, Surry Hills, NSW

MEMBERS:
Ms Victoria Rubensohn AM (Convenor)
Ms Helena Blundell
Dr Melissa de Zwart
Mr Alan Wu

APPLICANT
Warner Bros Entertainment

INTERESTED PARTIES
None, but one email from a member of the public was received and noted.

BUSINESS
To review the Classification Board’s decision to classify the computer game MORTAL KOMBAT RC (Refused Classification).

DECISION AND REASONS FOR DECISION

1. Decision

The Classification Review Board (the Review Board) by majority classified the computer game RC.

2. Legislative provisions

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

Relevantly, the Code, under the heading ‘Computer Games’, provides that computer games that:

(a) depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be classified; or

(b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or

(c) promote, incite or instruct in matters of crime or violence; or

(d) are unsuitable for a minor to see or play

are to be classified RC.

The Code also provides that:

Computer games (except RC computer games) that depict, express or otherwise deal with sex, violence or coarse language in such a manner as to be unsuitable for viewing or playing by persons under 15

are to be classified MA 15+ (Mature Accompanied).

Section 11 of the Classification Act requires that the matters to be taken into account in making a decision on the classification of a 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 computer game; and

(c) the general character of the computer game, 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 Guidelines, determined under section 12 of the Classification Act: • the importance of context • the assessment of impact, and • the six classifiable elements – themes, violence, sex, language, drug use and nudity.

3. Procedure

A four-member panel of the Review Board met on 11 March 2011 in response to the receipt of an application from the original applicant on 28 February 2011 to review the RC classification of the computer game, MORTAL KOMBAT, determined by the Classification Board. Those four members had previously determined that the application was a valid application.

The Review Board was assured that the computer game, the subject of the review application, was the same game as had been classified by the Classification Board.

The Applicant provided a written submission and recorded game play of the computer game before the hearing. The Review Board viewed the recorded game play and a lengthy live demonstration of both recorded and non-recorded elements of the game by the distributor on 11 March 2011. The Review Board also engaged in separate lengthy live game play assisted by its own officer.

The Review Board heard an oral submission from Paul Hunt, representing the Applicant. Mr Hunt was accompanied by Mark Aubrey, Melissa Faustmann and Nick Wong on behalf of the Applicant. Mr Wong demonstrated both live aspects of game play and he and other representatives of the Applicant answered questions regarding different aspects of the game including higher levels of play.

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) The application for review (ii) Warner Bros Entertainment’s written and oral submissions

(iii) the computer game, MORTAL KOMBAT

(iv) a disc of material provided by the Applicant which depicted aspects of game play and the ‘fatalities’

(v) A submission from Alex Williams, a member of the public

(vi) the relevant provisions in the Classification Act, the Code and the Guidelines, and

(vii) the Classification Board’s report.

5. Synopsis

MORTAL KOMBAT is the ninth instalment in the MORTAL KOMBAT franchise, which has existed since 1993. It portrays the fights that are staged between Thunder God Raiden and his band of Earth Realm warriors against Shao Kahn, Emperor of the Outer Realm, and his followers, in order to prevent Armageddon. The game is played as a flashback from the point of Armageddon, which occurs in the opening scenes of the game. The Mortal Kombat tournaments have been prescribed by the Elder Gods as a mechanism to maintain balance between the realms.

The game includes 25 characters, some of which are ‘locked’ at the beginning of the game and can only be unlocked as the player successfully advances through the game or upon use of a ‘key’ provided with the PlayStation version of the game. Characters include humans, humanoid aliens (such as lizard men) and robots. For humans, the ‘blood’ which is shed during a bout is red, for robots it is brownish/grey and for aliens it is green.

The game may be played in story mode, player versus player mode or challenge mode. In story mode (which includes more than 15 hours of game play), the player has no choice regarding the sequence of characters that they play. This mode is designed to guide the player through the back stories of each of the characters and how they came to be at the MORTAL KOMBAT competition. The main aim in this mode is for the player to win all bouts and matches and win the Tournament and then defeat Shao Kahn in order to avert Armageddon. In other modes the aim is simply to win matches and bouts.

In player versus player mode the player or players can choose which of the characters they play as. Each character has different abilities, strengths, weapons and powers (including magical powers). Players can play in tag team mode and online.

In challenge mode, players can choose to undertake a series of challenges which requires the player to complete a range of tasks. The Applicant informed the Review Board during the oral submission that two out of three hundred challenges involve fatalities.

There is also a training mode in which players are given instructions as to how to practice the special moves needed to control the various characters, and, in particular, to execute the fatalities. Initially, only six of the characters are available for playing in this mode, though the others are progressively unlocked through game play. The fatalities are most easily accessible in this mode.

Fights between players take place in a variety of locations, including the Sewer, the Forest, the Dungeon and the Train Station.

6. Findings on material questions of fact

The Review Board found that the computer game contains aspects or scenes of importance under various classifiable elements:

(a) Themes – The Applicant submitted that the main theme of the game is fighting, featuring aliens and robots as well as humans, with the ultimate outcome that if the player is not successful the Earth Realm will cease to exist. The Review Board concluded that themes of the game could readily be accommodated within a classification lower than RC.

(b) Violence –

The computer game MORTAL KOMBAT consists largely of a series of fights between two or more characters in the game. These fights are linked in the ‘story mode’, providing the player with no choice over the choice of combatants. However, in both challenge mode and player versus player mode, the player can choose which character they play, giving the player a choice over which characters do battle.

The various characters have differing fighting moves, powers, skills and weapons. Weapons include a hand gun, swords, knives, staves, a hat with a sharpened rim, chains, clubs, and magical abilities (ice, fire, lightening and smoke). Fighting bouts are depicted in realistically rendered three-dimensional graphics. MORTAL KOMBAT includes, for the first time in this franchise, a feature known as ‘X-ray view’, which may be initiated when a player reaches a certain power level during the fight, and executes a series of commands. X-ray view (which is non-interactive) shows an injury being inflicted on one combatant. The vision slows down and the action and resulting impact is shown close up and in greater detail. The detail shown varies from character to character, but depicts injuries such as bones being displaced and snapped, skulls being fractured, ribs cracking and teeth being knocked out of jaws. Even with the less humanoid characters, these X-ray views depict a human type skeleton and underlying physical structure. The injury is often shown from multiple viewpoints. The X-ray view focuses on the injury, although the Review Board noted that in story mode the physical injury inflicted, such as a broken spine, did not seem permanent and the character continued to fight unaffected by the apparent injury.

In player versus player mode, the injuries sustained by combatants are cumulative in effect and displayed clearly on the body and clothes of both characters. For example, if one player harms another character, their blood and gore will spatter on both characters and on the floor. This blood and gore does not disappear but instead accumulates as the fight progresses. In story mode, the blood splashes are not as intense and disappear during bouts.

In several of the locations or ‘Arenas’ where bouts take place, such as the Sewer, there are dead bodies lying on the floor and hanging from the ceiling. There are also wounded people lying on the forest floor in the Forest scene and tortured bodies in the Dungeon. In three of the locations players can use special finishing moves that result in a non-interactive sequence in which the opponent is thrown from the fighting platform and dies. In one, the opponent is impaled on spikes. In another, the opponent is thrown into a pool of acid, from which they struggle before their body melts away, exposing tissue and bone. In another, the opponent’s face is held against the carriages of a passing train. Their body is then thrown in front of another moving train.

The game includes (in its extended mode) a possible 65 fatalities. A fatality is a unique, non-interactive finishing move that results in the explicit death of the character upon whom it is performed. These fatalities may be executed by a player when the game recognises the other player is close to defeat and issues the command ‘Finish Him/Her’. The player must then execute a pre-determined sequence of movements and commands within a defined area and within a limited time. These movements and commands are available in the menu and may be practised in the training mode. Thus fatalities are recognised as being a challenge to achieve. The Review Board noted, in particular, the following fatalities which represent a non-exhaustive sample of explicit violence:

• Baraka: knives — slices off arms with knives, stabs knife into chest and slices body laterally in two with the other knife, one half held up on first knife. The side view provided of the dismembered body is like a carcass.

• Baraka: knives — thrusts knife into chest, lifts body on knife, spins body, holds up second knife to cut off spinning legs, arms and head and throws down torso.

• Quan Chi: no weapon — grabs leg, tears leg off, beats opponent with leg and crushes head. The beating with the detached leg is prolonged and repetitive, suggesting brutality.

• Sheeva: no weapon– tears arms off, slaps opponent with severed arms, kicks body over and then claps severed arms.

• Jax: no weapon — hits top of head, hammers opponent into the ground and kicks off the head.

The Applicant submitted that the violence in the game is highly stylised and unrealistic, in the tradition of fighting games, with the characters inflicting and sustaining injuries that could not be sustained in real life.

The majority of the Review Board concludes that the computer game MORTAL KOMBAT includes elements where the violence is higher than strong and which could not therefore be accommodated within the MA 15+ classification. The majority view is that this is the case even though the fatalities may occur infrequently during normal story mode game play, which is one of three playing modes. The majority notes that the fatalities can, however, be performed repeatedly in practice mode when the player develops the requisite skill. The fatalities explicitly depict decapitation, dismemberment, disembowelment and a number of other brutal methods of slaughter. In the majority’s view the overall impact of the fatalities is high. The majority of the Review Board also considers that the X-ray view serves to emphasise and humanise the impact of injuries, which also increases the overall impact of the violence in the game to higher than strong.

(c) Language – There are several instances of coarse language but they are infrequent and can readily be accommodated in a classification lower than RC.

(d) Sex – There is no sex in the computer game.

(e)Drug Use – There is no drug use in the computer game.

(f) Nudity – There is no nudity in the computer game.

7. Reasons for the decision

Majority reasons

The Applicant submitted that MORTAL KOMBAT is a ‘standard fighting game’ in line with other games in the MORTAL KOMBAT franchise, which are known to have ‘more blood and guts than normal fight games’ but which are in keeping with the MA15+ rating. MORTAL KOMBAT games are also known for the ‘fatalities’ and players familiar with these games will know and expect them to contain a certain level of violence, including the fatalities. The fatalities feature ‘over the top’ violence and, occasionally, elements of humour.

The Applicant submitted that the events depicted in MORTAL KOMBAT occur in a ‘fantastical realm, featuring fantasy characters and fantasy locations’. The Applicant also submitted that players know that the moves are not realistic, that the fatalities could not be executed by a human in real life and that the players are expecting unrealistic violence. While the Review Board notes the points made by the Applicant regarding the history and context of the MORTAL KOMBAT franchise, it is cognisant that it is required to view each computer game submitted for review on its own terms, rather than those of predecessor games and must judge each submitted game on the basis of relevant legislation, the Code and guidelines.

The majority of the Review Board notes the stylised, fantasy elements of MORTAL KOMBAT, but concludes that the overall impact of the graphically detailed and realistically rendered violence, particularly that inflicted on human or humanoid characters, is not sufficiently ameliorated by the fantasy setting. Whilst much of the fighting takes place in designated, stylised arenas where violence may be anticipated, this context does not significantly reduce the impact of combat which results in violent injury or death. In the Review Board’s view the impact of such scenes is higher than strong and not justified by context.

Further, the Applicant submitted that the moves are difficult to achieve. The Review Board accepts on the basis of its own playing of the game and the demonstration provided by the Applicant that, depending on skill and speed, the fatalities may be difficult to achieve, as they may only be executed within both a defined area and a certain limited time within the game and may often be missed. The majority of the Review Board concludes that even though the fatalities may not occur frequently or regularly during normal game play, the graphic nature of many of the fatalities is such that the overall impact of the violence in the game is higher than strong.

Whilst the player experience may differ significantly from player to player and game to game, and is dependent upon playing mode, the violence is unsuitable for accommodation at the MA15+ level. The Review Board majority accepts that the fatality moves are non-interactive once successfully initiated by the player. However, the majority is of the view that the fatalities are for many, perhaps the majority of players, a major, important feature of the game and they will strive hard to achieve them. It is impossible to predict how many times a player may succeed in initiating such moves (although they are readily available in practice mode) but in any case, they constitute a central element of the game and many of them are high – rather than merely strong – in impact.

Further, in the view of the majority, the fatalities do not constitute the only violence in the game with an impact higher than strong. For instance, in player versus player mode, there is extensive blood and gore splatter that accumulates and remains in the game, with even victorious characters evidencing significant injury. As noted previously, the realistic, detailed X-ray view also heightens the impact of the violence. It humanises the damage inflicted on the characters, with even the less humanoid characters appearing more human (with a human-like skeletal structure), and it accentuates the injury damage and detail. The fact that in story mode characters get up and walk away after a fight does not lessen this impact, which is higher than strong.

In the opinion of the Review Board majority, MORTAL KOMBAT contains violence that exceeds strong in impact and is unsuitable for a minor to see or play.

Minority Reasons

In the view of the minority, the impact of MORTAL KOMBAT’S violence – the most impactful classifiable element – is strong. MORTAL KOMBAT can thus be accommodated in the MA15+ category.

MORTAL KOMBAT features a level of frenetic action and violence comparable to its predecessors, and to many contemporary fighting games. The most impactful violence is that featured in the fatalities. (In the view of the minority, the new X-ray view does not feature violence of a stronger impact than that in the fatalities.)

This impact is mitigated by the relative infrequence of fatalities in the context of usual game play. Fatalities are only available for execution in specific, limited circumstances, at which time players must perform a difficult combination of moves in order for the fatality to be realised. Even if successful, fatality sequences last only a few seconds. These sequences are non-interactive.

The impact is further mitigated by the fantastical and heavily-stylised nature of the violence, featuring implausible and unlikely combinations of sorcery and superhuman strength, endurance and agility and often involving identifiably non-human characters. In several instances, the fatalities feature dissonant humorous elements, pushing the sequences towards caricature. Though the game features advanced graphics, the violent action often lacks detail and realism. Finally, this action all occurs in a broader fantasy storyline and familiar fighting game format. The cumulative effect of these factors is to reinforce the artificiality of the violence and to reduce its impact.

In the view of the minority, the violence in MORTAL KOMBAT is justified by context. The fantastical, unrealistic nature of the violence, and the infrequency of the strongest violence, means that its impact is strong, and unsuitable for persons under the age of 15. MORTAL KOMBAT should thus be classified MA15+.

8. Summary

The majority of the Review Board determined that the impact of the violence in MORTAL KOMBAT is higher than strong and thus could not be accommodated within the MA15+ classification. As MA15+ is the highest classification category available to computer games under the Australian Classification Scheme, the Classification Review Board must refuse classification to MORTAL KOMBAT.

Accordingly, MORTAL KOMBAT is classified RC.

– Classification Review Board report

Customs & banned games

The Australian Customs Service how they would treat imports of MORTAL KOMBAT.

March 15, 2011
The spokesperson said attempting to import MORTAL KOMBAT is indeed illegal as it breaches the Customs (Prohibited Imports) Regulations 1956.

“As MORTAL KOMBAT has been refused classification in Australia, it is considered objectionable material. It is therefore a prohibited good and illegal to import into Australia,” the spokesperson said. “Customs and Border Protection works closely with Attorney General’s Department to identify imported games that are banned in Australia. This includes games purchased over the Internet from foreign websites. Attorney General’s Department regularly updates Customs and Border Protection about classification decisions on publications, films, and computer games, including the reclassification of material, and about different versions of computer games (some of which may be refused classification), and how to identify those versions at the border. This information is then used to assist in identifying and seizing banned versions of games.

“Any copies of the games detected at the border, including via international mail, will be seized.”

– Aussie customs to seize Mortal Kombat imports
– article @ gamespot.com

Jason reports.
I monitored game sites and forums to see how many copies of MORTAL KOMBAT were being stopped by customs. Before the release, there was so much hype about how they would be on the lookout for every copy that enters the country. In the end, I found two cases.

One person posted:

May 5, 2011
Imported mine from NZ, it was sent on the 29th April. I got a letter today from Australian Customs saying they had seized it in Melbourne. According to them, no further action will be taken unless I make a claim of return for the game in which case they may ‘commence with legal proceedings’…WANKERS!!

– ignboards.com

The second person was a Victorian who posted on the ‘Petition To Lift The Ban On MORTAL KOMBAT In Australia’ Facebook page. He imported his copy through Mighty Ape in New Zealand. On 9 May 2011, he posted that it had been taken and included a picture of the seizure notice.

Reading the comments on the aforementioned Facebook page, you can see that the vast majority of people had no problems. Some even had their packages opened, inspected, and then delivered.

Comments & complaints

September 1, 2011
MORTAL KOMBAT is a fighting game which sees Thunder God Rayden and his band of Earth warriors battling against Shao Kahn, the Emperor of Outworld, and his minions in order to prevent Armageddon. The game includes 25 characters and can be played in various modes. The game includes over 60 fatalities which contain explicit depictions of dismemberment, decapitation, disembowelment and other brutal forms of slaughter.

The Board found that, despite the exaggerated conceptual nature of the fatalities and their context within a fighting game set in a fantasy realm, the impact was heightened by the use of graphics which were realistically rendered and very detailed. In the opinion of the Board, the game contains violence that exceeds strong in impact and is unsuitable for a minor to see or play. The game was therefore classified RC pursuant to item 1(d) of the computer games table of the National Classification Code

On application from the game’s distributor, the RC classification for MORTAL KOMBAT was reviewed by the Classification Review Board which also classified the game RC.

The Classification Board received 674 complaints in 2010–11. The Board had received 1,090 complaints in 2009–10.

Many of those who complained about the decisions for computer games (primarily MORTAL KOMBAT) also requested the introduction of an R 18+ classification for computer games.

There were 305 complaints about the classification of the computer game MORTAL KOMBAT. The Board classified the game RC (Refused Classification) due to high impact violence which could not be accommodated at MA 15+. On appeal from the game’s distributor, the Classification Review Board reviewed the decision and also classified the game RC.

The 305 complainants overwhelmingly opposed the RC classification for the game and many also expressed their support for the introduction of an R 18+ classification category for computer games. Of the 305 complaints about MORTAL KOMBAT, 128 were received on, or after, the date of the Review Board’s decision.

– Classification Board, Annual Report 2010-2011

September 1. 2011
There were 305 complaints received about the RC classification for the computer game MORTAL KOMBAT in 2010–11. Of these, 128 were received on, or after, the date of Review Board’s RC classification of the computer game.

– Classification Review Board, Annual Report 2010-2011

Focus group reaction

In October and November 2011, the Australian Law Reform Commission conducted a study to gauge community attitudes to ‘high-level material’. It was carried out as part of their research for the ‘Classification: Content Regulation and Convergent Media Final Report’ that was released in March 2012.

The groups were asked to give their opinion on a fighting sequence from MORTAL KOMBAT.

See our Game Censorship Database entry for CALL OF DUTY: MODERN WARFARE 2 (2009) for the results of this study.

Refused again

In March 2012, MORTAL KOMBAT: GAME OF THE YEAR EDITION was banned by the Classification Board.

It was submitted for the handheld PlayStation Vita console.

March 9, 2012
Warner Bros. Interactive Entertainment submitted MORTAL KOMBAT Vita for classification to the Australian Classification Board as we believed that the smaller screen of the PlayStation Vita greatly reduced the impact of violence.

This view was not shared by the Australian Classification Board and as such has been refused classification in Australia.

– Mortal Kombat has been Refused Classification for the third time
– article @ kotaku.com.au

Why it was Refused Classification

September 17, 2012
MORTAL KOMBAT 9 – GAME OF THE YEAR is a modified version of the fighting computer game MORTAL KOMBAT, which is RC. This modified version is designed for the PS Vita and it appears to contain all the material from the original computer game with some additional features.

In the Classification Board’s view, this computer game warranted an RC classification in accordance with item 1(d) of the computer games table of the National Classification Code. The computer game contains violence that exceeds strong in impact and is therefore unsuitable for those aged under 18 years to play.

For the most part, violence of the highest impact is noted in the fatality moves which are performed by pushing a series of button combinations within a short period of time. If the move is executed successfully, a short non-interactive full motion video is triggered depicting the winning character explicitly slaughtering an opponent. Visual depictions of violence within these fatalities are accompanied by vivid sound effects that heighten impact.

In the Classification Board’s opinion, the relatively small size of the PS Vita gaming screen does not mitigate the impact of violence to the extent that it could be accommodated at the MA 15+ classification, especially giving consideration to the clear and detailed graphics that are rendered.

– Classification Board, Annual Report 2011-2012

Review Board complaints

September 17, 2012
The Review Board received 15 complaints about its decisions. There were five complaints about the computer game MORTAL KOMBAT…

Complainants did not think that MORTAL KOMBAT…should be refused classification.

– Classification Review Board, Annual Report 2011-2012

Uncut & R18+

The R18+ rating was introduced for games on 1 January 2013. Ten days later, NINJA GAIDEN 3: RAZOR’S EDGE (2012) became the first title to receive the new classification.

Warner Bros Entertainment soon resubmitted MORTAL KOMBAT in a KOMPLETE EDITION. This uncut version was passed with an R18+ (High impact violence, Blood and gore) for PlayStation 3 and Xbox 360 on 12 February 2013.

This was the first previously banned game to be resubmitted under the new guidelines.

August 9, 2013
The Classification Board also assigned an R 18+ classification to the computer game MORTAL KOMBAT KOMPLETE EDITION.

The game is set in a dystopian fantasy realm and its cast of playable fighters includes humans, humanoids, creatures and robots. These characters are each able to perform punches, kicks and signature moves during a bout. Signature moves often involve a character’s particular weapon or supernatural ability. Fights are depicted in side-view and presented in high definition resolution. The ‘fatality’ moves, whilst highly stylised and difficult to execute, include numerous depictions of dismemberment, decapitation, disembowelment and other gory forms of slaughter. The exaggerated conceptual nature of these fatalities and their context within a fighting game set in a fantasy realm mitigates impact to a degree.

The Classification Board classified this computer game R 18+ with consumer advice of ‘high impact violence, blood and gore’.

– Classification Board, Annual Report 2012-2013

Further reading

In October and November 2011, the Australian Law Reform Commission conducted a study to gauge community attitudes to ‘high-level material’. It was carried out as part of their research for the ‘Classification: Content Regulation and Convergent Media Final Report’ that was released in March 2012.

The groups were asked to give their opinion on a violent scene from MORTAL KOMBAT (2011).

See our Game Censorship Database entry for CALL OF DUTY: MODERN WARFARE 2 (2009) to read the results of this study.

The Witcher 2: Assassins of Kings

Publisher Atari / 2011 / MobyGames

In April 2011, THE WITCHER 2: ASSASSINS OF KINGS was banned due to the inclusion of sex as a reward.

Namco Bandai Partners Australia was the applicant.

Modified version

A censored version was passed with an MA15+ (Strong violence, Sex scenes, Nudity and Coarse language) rating in May 2011.

Once again, Namco Bandai Partners Australia was the applicant.

What was missing?

It was reported that the game had been changed to remove a scene of ‘sex as a reward’. The modifications to the side quest were made to reject the offer of sex.

May 3, 2011
According to Namco Bandai’s local team:

In the original version your character Geralt was given the choice of accepting sex ‘as a reward’ for successfully completing this particular side quest. The Australian Classification Board originally refused classification as they deemed the inclusion of ‘sex as a reward’ as not suitable for an MA15+ classification.

The change is only minor, in that the character choice is now made automatically for him. The character and the side quest are still in the game but presented in a slightly different context. No other changes have been made and this change has no impact on gameplay, storyline or character development.

– The Witcher 2 modified for Australian MA15+ release
– article @ kotaku.com.au

Movie-Censorship has as a comparison between the Australian and the uncut version.

Classification Board comments

September 1, 2011
THE WITCHER 2 – ASSASSINS OF KINGS is the second game in the WITCHER series and is based on the books of the Polish author Andrzej Sapkowski. The game is a fantasy role playing game set in medieval times in which players control a professional monster hunter (or Witcher) with special skills and supernatural abilities. In the view of the Board, the game contained sexual activity related to incentives and rewards and therefore classified the game RC in accordance with item 1(d) of the computer games table of the Code.

A modified version of the game was subsequently submitted for classification. In the view of the Board, the game was sufficiently modified to the extent that it could be accommodated within the MA 15+ classification

The classifiable elements in the game are violence, sex, nudity and coarse language that are strong in impact and justified by context.

The Board notes that this game is a modified version of the game previously classified RC. In the view of the Board, the game had been sufficiently modified to the extent that it could be accommodated within the MA 15+ classification. This computer game was classified MA 15+ with consumer advice of ‘Strong violence, sex scenes, nudity and coarse language’.

– Classification Board, Annual Report 2010-2011

Enhanced Edition

In February 2012, THE WITCHER 2: ASSASSINS OF KINGS ENHANCED EDITION was passed with the same MA15+ (Strong violence, Sex scenes, Nudity and Coarse language) rating.

Once again, Namco Bandai Partners Australia was the applicant.

The House of the Dead: Overkill – Extended Cut

Publisher Sega / 2011 / MobyGames

In May 2008, Sega Australia had THE HOUSE OF THE DEAD: OVERKILL (2008) rated MA15+ (Strong horror violence).

The game was for use on the Nintendo Wii console.

In August 2011, the multi-platform version of THE HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT was banned because of additional gameplay that exceeded strong in impact.

Again, Sega Australia was the applicant.

Why it was banned

August 24, 2011
It’s a particularly strange decision, considering the fact that the original Wii version was released as MA15+ without incident, but the Classification Board’s issue is with a new ‘Hardcore mode’ which has been added to the game.

“The “Hardcore” game mode allows players to play in a manner that exceeds strong in impact,” claims the report, “engaging a headshot-only mode which results in frequent, detailed blood and gore as the zombies and mutants [sic] heads explode into bloody pieces that spread around the environment and onto the screen.

The game also contains an “Extra mutants mode” which increases the amount of mutants the player must kill to proceed, resulting in an increased intensity and frequency of violence. In addition the game contains a baby mutant that jumps onto the screen and explodes into bloody chunks when killed.”

– This is why House Of The Dead: Overkill – Extended Cut was Refused Classification
– article @ kotaku.com.au

Sega challenge RC-rating

September 2, 2011
The Classification Review Board has received an application to review the classification of the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT.

HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT was Refused Classification (RC) by the Classification Board on 23 August 2011.

The Classification Review Board will meet on 26 September 2011 to consider the application. The decision and reasons will later be published on www.classification.gov.au

If an individual or organisation wishes to apply for standing as an interested party to this review, please write to the Convenor of the Review Board.

The closing date to lodge your application as an interested party and any submission is 5.00pm on 21st September 2011. Please note that the Review Board can only consider submission about the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT, itself and not any other matters relating to classification policy or issues generally.

Submissions should be emailed to crb@classification.gov.au or sent to:

The Convenor, Classification Review Board
Locked Bag 3, Haymarket NSW 1240

The Classification Review Board is an independent merits review body. 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.

– Classification review announced for the computer game, House of the Dead Overkill: Extended cut
– Classification Review Board

Review Board award MA15+

September 26, 2011
A three member panel of the Classification Review Board (the Review Board) has by unanimous decision determined that the computer game HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT is classified MA 15+ (Mature Accompanied) with the consumer advice ‘strong horror violence, strong coarse language’.

Computer games classified MA 15+ are considered unsuitable for persons under 15 years of age. It is a legally restricted category. This computer game contains strong horror violence and frequent coarse language.

In the Review Board’s opinion the overall impact of these elements is no higher than strong.

The Review Board convened today in response to an application from Sega Australia Pty Ltd, to review the decision made by the Classification Board on 23 August 2011 for the computer game HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT. The Board classified the computer game RC (Refused Classification).

In reviewing the classification, the 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. This is the same framework used by the Classification Board.

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

– House of the Dead: Overkill Extended Cut classified MA15+ upon review
– Classification Review Board

Review Board report

September 26, 2011
23-33 Mary Street, Surry Hills, NSW

MEMBERS:
Ms Victoria Rubensohn AM (Convenor)
Ms Ann Stark
Dr Melissa de Zwart

APPLICANT
Sega Australia

INTERESTED PARTIES

BUSINESS
o review the Classification Board’s decision to classify the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT, RC (Refused Classification).

DECISION AND REASONS FOR DECISION

1. Decision

The Classification Review Board (the Review Board) by unanimous decision determined that the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT, should be classified MA15+ with the consumer advice ‘strong horror violence, strong coarse language’.

2. Legislative provisions

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

Section 11 of the Classification Act requires that the matters to be taken into account in making a decision on the classification of a 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 computer game; and

(c) The general character of the computer game, 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 Guidelines, determined under section 12 of the Classification Act:

-the importance of context

-the assessment of impact, and

-The six classifiable elements – themes, violence, sex, language, drug use and nudity.

3. Procedure

A three member panel of the Review Board met on 26 September 2011 in response to the receipt of an application from Sega Australia dated 25 August 2011 to review the RC classification of the computer game, determined by the Classification Board. Those three members had previously determined that the application was a valid application.

The Review Board was assured that the computer game, the subject of the review application, was the same computer game as had been classified by the Classification Board.

The Review Board viewed and extensively played the computer game on 26 September 2011.

Darren Macbeth, Neroli Baird, Khiet Chu and Paul Hunt appeared on behalf of Sega Australia. They attended the Review Board to further demonstrate the game and to answer any questions from the Board.

The Review Board viewed various aspects of game play and play modes and 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) The application for review;

(ii) the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT;

(iii) the relevant provisions in the Classification Act, the Code and the Guidelines; and

(iv) the Classification Board’s report.

5. Synopsis

THE HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT is a prequel to the action which is depicted in the earlier Sega arcade series of the same name. It is the same as THE HOUSE OF THE DEAD: OVERKILL game classified MA15+ in 2008 with some additional content and features and is the fourth game in this franchise. The game can also be viewed in 3D mode. It is a first person ‘shooter on rails’ game that gives limited control to the player regarding how to proceed through the ten levels of the game, thus reducing overall interactivity. Players can only play as the predetermined characters for each level.

It takes place in Bayou City, Louisiana, in the southern part of the US. The scenes are stylised, paying homage to the grind house film style of the fifties and sixties, reflecting the B grade schlock/horror genre. Settings include a plantation house, the Pink Pussycat night club, a fun fair, and a speeding train, with the action ending up in a hidden dungeon laboratory. Players aim to dispose of the zombies using a variety of weapons and collect money, used to purchase additional weapons, and other items (such as medi kits) throughout the game. There is also an opportunity to save civilian hostages from zombie attack.

6. Findings on material questions of fact

(a) Themes – The theme of the game is zombie horror, which is a common theme in contemporary horror films and games. The Review Board concluded that this theme could be readily accommodated within a MA15+ rating.

(b) Violence – The game is a zombie ‘rail shooter’ game, with the aim to destroy zombies and to save hostages and Bayou City, and therefore contains frequent violence featuring shooting, melee and hand to hand combat. The violence occurs between the four human protagonists and the zombies and mutants (including three ‘mini mutants’). The game has various modes (including ‘hardcore’ and ‘classic’ mode) and there are nine levels available. As the game is a ‘rail shooter’ game, players have little choice over the path taken in play or over camera angles. The presentation of the game itself is not graphically sharp and features generally dark or muted/faded colours.

The violence in the game is stylised, relatively graphically unsophisticated and the vast majority of attacks do not occur in close up. The close up scenes using knives to perform finishing moves on a mutant are infrequent and repetitive in their imagery, thus decreasing their impact. The zombies and mutants are graphically homogeneous and stylised with very few exceptions. The mini mutants are grotesque smaller creatures parodying babies by wearing nappies. However, they do not appear as human babies. Blood and gore are depicted unrealistically (a range of colours), are not graphically detailed and disappear from the game within seconds.

Various weapons are available to a player for a cost and grenades may be picked up during play and used. Projectiles thrown at players by zombies may be shot in the air. The nature of the game as a fast-paced rail shooter precludes lingering over victims, who vanish after being eliminated by a range of methods, including shooting with guns or crossbows, using knives or with grenades, which may cause explosion and consequent dismemberment on impact. The game contains an ‘extra mutants’ mode which increases the number of mutants attacking but not by a large number. This mode, which is available in the original game, does not change the weapons or modes of elimination available. The impact of the violence in the game is strong and is justified by the horror context of the game. This element can be accommodated in the MA15+ category.

(c) Language – The game contains frequent strong coarse language, used in a conversational style which is not aggressive. The coarse language occurs in the cut scenes and in game play, and is used as a game feature in the “shoot the sh*t” mode, where the player can shoot swear words as a competition feature and replace them with blips or replace swear words with animal and other random sounds. This element can be accommodated in the MA15+ category.

(d) Sex – There is no sex in the game. Any sexual references are humorous. This element could be accommodated in a lower category than MA15+.

(e) Drug Use – There is no real drug use in the game, nor are there references to real drugs. In a hospital setting in the game there are needles containing toxins which are to be injected into mutants. One character, Jasper, is turned into a mutant after being injected with a toxin. This is portrayed in a stylised comic-horror manner rather than a realistic manner. This element could be accommodated in a lower category than MA15+.

(f) Nudity – There is no realistic nudity in the game. Nurses are scantily dressed and other mutants appear in bikinis in a strip club scenario. Two large female mutants are depicted with grotesque and unrealistic breasts revealed. This unrealistic nudity is infrequent and is not sexualised. This element can be easily accommodated in the MA15+ or lower categories.

7. Reasons for the decision

It is the view of the Review Board that the violence in this computer game, occurring in a familiar fighting game format, is stylised, unrealistic and graphically relatively unsophisticated compared to other computer games available in the Australian market. Given the fantasy theme of zombie horror and the characteristics of that genre, the violence, although frequent, is justified by context. The zombies and mutants themselves and most of the combat action involving them is lacking in realistic detail and occurs at a distance rather than in close up. The zombies and mutants are visually homogeneous and with a couple of exceptions that are individually grotesque, are not humanised. Victims and blood and gore disappear within seconds from the game. The settings in Bayou City are stylised and not realistic. It is therefore the opinion of the Review Board that the cumulative impact of the violence in the game is no higher than strong and as noted above, is justified by the fantasy zombie horror, ‘rail shooter’ ‘context.

In addition, the game contains frequent strong, coarse language which is not aggressive and is used conversationally. The cumulative impact of this language is no higher than strong.

As the impact of both the violence and the language in HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT is strong, the game is not suitable for persons under the age of 15.

Pursuant to the Guidelines for the Classification of Films and Computer Games, this computer game is classified MA15+.

8. Summary

The Review Board determined that the computer game, HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT, is classified MA15+ with the consumer advice of ‘strong horror violence, strong coarse language.’

– Classification Review Board report

Classification Board comments

September 17, 2012
THE HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT is for the Play Station 3 and is an updated version of the previously classified game, THE HOUSE OF THE DEAD: OVERKILL. The computer game, which can be played in 3D using a move controller, is a first-person shooter-style game where the aim is to exterminate zombies and mutant beings using a variety of weapons.

In the Classification Board’s view, the additional modes included in this modified version and the interactive nature of the game increases the overall impact of the frequent and intense depictions of violence and, coupled with the graphic depictions of blood and gore, combine to create a playing impact which is high. This computer game was determined to be unsuitable for persons aged under 18 years to play and was classified RC.

On application from the computer game’s distributor, the RC classification for THE HOUSE OF THE DEAD: OVERKILL – EXTENDED CUT was reviewed by the Classification Review Board who classified the computer game MA 15+ with the consumer advice of ‘strong horror violence, strong coarse language’

– Classification Board, Annual Report 2011-2012

Syndicate

Publisher Electronic Arts / 2011 / MobyGames

In December 2011, SYNDICATE was banned because of violence that was considered to be high in impact.

Electronic Arts were the applicant.

December 2011
Classification decisions are made in accordance with the Classification (Publications, Films and Computer Games) Act 1995 (the Act), the National Classification Code and the Classification Guidelines.

Production Details:
Title: SYNDICATE YELLOW
Alternate titles: HUNTSMAN
Publisher: ELECTRONIC ARTS
Programmer: STARBREEZE
Production Company:
Year of Production: 2012
Duration: VARIABLE
Version: ORIGINAL
Format: MULTI PLATFORM
Country/ies of origin: SWEDEN
Language/s: ENGLISH
Application type: CG2
Applicant: ELECTRONIC ARTS

Dates:
Date application received by the Classification Board: 23 November 2011
Date of decision: 19 December 2011

Decision:
Classification: RC
Consumer advice:

A senior panellist has confirmed that the application considered was valid under the Act and that this Decision Report accurately reflects the Board’s decision and any minority opinions.

Synopsis:

This first person shooter is set in a futuristic world where people have installed computer chips in their brains that allow them to interact with the “dataverse”. A player controls Kilo, an operative for Eurocorp, as he undertakes missions and discovers that his employers may not be as innocent as they appear. The game consists of 12 single player levels and 9 cooperative levels.

Reasons for the Decision:

In making this decision, the Classification Board has applied the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act), the National Classification Code (the Code) and the Guidelines for the Classification of Films and Computer Games 2005 (the Guidelines).

In the Board’s view this game warrants an ‘RC classification in accordance with item 1(d) of the computer games table of the National Classification Code:

“1. Computer games that:

(d) are unsuitable for a minor to see or play;” will be Refused Classification.

The game contains violence that is high in impact and is therefore unsuitable for persons aged under 18 years to play. The Board notes that this report does not contain an exhaustive list of the content that caused the game to be Refused Classification.

The game is set in a futuristic dystopia where people have computer chips in their heads that allow them to interact with the “dataverse”. It is a first person shooter with realistically rendered graphics. A player controls Kilo, an agent of one of the “Syndicates” (powerful corporations), as he moves through levels completing objectives such as rescuing Eurocorp employees and extracting chips from people’s heads.

In order to complete the missions, a player has to engage in intense combat with swarms of enemy combatants who are clad in light armour. A variety of weapons is available and these often cause decapitation, dismemberment and gibbing during frenetic gunfights. For example, an intense sequence of violence commences when a player collects a “G290 minigun”, which operates much like a Gatling gun. A player moves through a building rapidly firing at enemy combatants. Combatants take locational damage and can be explicitly dismembered, decapitated or bisected by the force of the gunfire. The depictions are accompanied by copious bloodspray and injuries are shown realistically and with detail. Flesh and bone are often exposed while arterial sprays of blood continue to spurt from wounds at regular intervals.

Similar injuries can be caused by many other weapons, including shotguns, high-calibre revolvers, sniper rifles, assault rifles, rocket launchers, laser guns and grenades.

The game also allows a player to repeatedly damage enemy combatants’ corpses. This is shown in realistic depictions. For example, it is possible for a player to decapitate a corpse with a headshot before individually blowing off each of its limbs. Depending on the weapon used, it is also possible to bisect a corpse, with realistic ragdoll effects noted. The depictions are again accompanied by arterial sprays of blood and detailed injuries that include protruding bone.

Throughout the game, a player consistently encounters unarmed civilians and has the choice of whether to target them or not. Civilians can be shot, accompanied by copious bloodspray, but it is not possible to decapitate or dismember them, whether they are alive or dead. Their corpses can still be targeted, resulting in bloodspray only. In single player mode, the game treats civilian deaths neutrally, but it is noted that in cooperative gameplay, points are awarded for civilian casualties.

In the opinion of the Board, the game contains intense sequences of violence which include detailed depictions of decapitation and dismemberment that are high in playing impact. The game also contains the ability to inflict repeated and realistic post mortem damage which exceeds strong in playing impact. It is therefore unsuitable for a minor to see or play and should be Refused Classification pursuant to item l(d) of the computer games table of the Code.

Decision:

This game is Refused Classification.

– Classification Board report

Electronic Arts responds

December 21, 2011
It’s regrettable that government policy in Australia is denying adults the right to play SYNDICATE. The game will be not be available in Australia despite its enthusiastic response from fans. We were encouraged by the government’s recent agreement to adopt an 18+ age rating for games. However, delays continue to force an arcane censorship on games – cuts that would never be imposed on books or movies.

We urge policy makers to take swift action to implement an updated policy that reflects today’s market and gives its millions of adult consumers the right to make their own content choices…

We are not releasing SYNDICATE in Australia. The reason for this is because we do not have an R18+ in place as yet.

We will not be appealing the RC decision. SYNDICATE is a game made for a mature audience and any changes to would significantly affect the game’s quality and appeal.

SYNDICATE will continue to be released in New Zealand (unchanged) on the 24th February 2012, and has a confirmed rating of R18

– Syndicate statement, Electronic Arts

Complaints to the Board

September 17, 2012
SYNDICATE is a first-person shooter-style computer game that is set in a futuristic world where people have computer chips in their brains, allowing them to interact with the ‘dateverse’. A player controls an operative who completes missions. The computer game contains intense sequences of violence which include detailed depictions of decapitation and dismemberment that are high in playing impact.

The computer game also contains the ability to inflict repeated and realistic post-mortem damage which exceeds a strong playing impact. In the view of the Classification Board, it is therefore unsuitable for a minor to see or play and is classified RC in accordance with item 1(d) of the computer games table of the Code

There were 13 complaints about the classification of SYNDICATE. The Classification Board classified the game RC due to high impact violence which could not be accommodated in the MA 15+ classification. The majority of the complainants did not want the computer game to be refused classification.

– Classification Board, Annual Report 2011-2012