Banned Australian Adult Magazines - Refused-Classification.com

Australian adult magazines are sometimes submitted to the Classification Board in proof-prints. This allows the publisher to modify the content to achieve the desired ratings.

To achieve the widest distribution, most aim to be Unrestricted (M15+) and/or Category 1.

Australian Penthouse

Publisher Horwitz Publications – Gemkilt Publishing Services / Australia

In January 2013, the February issue of AUSTRALIAN PENTHOUSE was passed as Unrestricted (M – not recommended for readers under 15 years). This serial classification allowed the magazine to hold this rating for twelve-months.

When the May 2013 issue was found to be higher than Unrestricted (M15+), the serial classification was revoked.

Australian Penthouse (May 2013) - Magazine Cover 01 — May 2013

In October 2013, an appeal was made against the decision. During this time, the November and December issues were both classified Unrestricted (M – not recommended for readers under 15 years).

October 8, 2013
The Classification Review Board has received an application to review the revocation of the serial classification of the publication, AUSTRALIAN PENTHOUSE – declaration 256420.
AUSTRALIAN PENTHOUSE was classified ‘Unrestricted’ with consumer advice ‘M – not recommended for readers under 15 years’ on 9 January 2013 for a period of 12 months.
On 21 August 2013, the Classification Board revoked the serial classification for AUSTRALIAN PENTHOUSE as the May 2013 issue of the publication contained content that was considered higher than ‘Unrestricted’.
The Classification Review Board will meet on Wednesday 23 October 2013 to consider the application.
– Classification review announced for the revocation of the serial classification of the publication, Australian Penthouse
– Classification Review Board

November 5, 2013
A three-member panel of the Classification Review Board has unanimously decided to not revoke the serial classification of the publication, AUSTRALIAN PENTHOUSE (declaration number 25640).
The Review Board decided that the May 2013 issue of AUSTRALIAN PENTHOUSE (which is an issue within the serial declaration period) would, if classified, be classified as Unrestricted.
– Serial classification of Australian Penthouse not revoked
– Classification Review Board

Review Board report

November 5, 2013
MEMBERS:
Fiona Jolly
Melissa de Zwart
Jane Smith
APPLICANT
Horwitz Publications
INTERESTED PARTIES
BUSINESS
To review the Classification Board’s decision to revoke the serial classification of the publication, AUSTRALIAN PENTHOUSE – Serial Declaration Number 256240.
DECISION AND REASONS FOR DECISION
1. Decision
The Classification Review Board (the Review Board) unanimously has decided to not revoke the serial classification (Declaration Number 25640) of the publication, AUSTRALIAN PENTHOUSE.
2. Legislative provisions
Section 13(3) of the Classification (Publications, Films and Computer Games) Act 1995 (the Classification Act) states that the Classification Board may declare that the classification granted for an issue of a publication (the original issue) applies to all future issues, a specified number of future issues, or all future issues published within a specified period. This declaration provides for the ‘serial classification’ of a publication. Section 13(5) of the Classification Act obliges the Classification Board to revoke a serial classification if the Classification Board is of the opinion that an issue of the publication covered by the serial classification: contains material that, if the issue were being classified separately, would cause it to be classified with a higher classification than the original issue; or contains an advertisement that has been refused approval.
Section 42(1) of the Classification Act provides that certain persons (including ‘the publisher of the publication concerned’) may apply to the Review Board for the ‘review of a decision’. According to section 5 of the Classification Act, the revocation of a serial classification is a ‘decision’ of the Classification Board.
3. Procedure
The Review Board met on Tuesday 5 November 2013 in response to the receipt of an application from Horwitz Publications on 20 September 2013 to conduct the review. Three members of the Review Board viewed the relevant publication on 5 November 2013.
The Review Board heard oral submissions from a representative of the applicant, Mr Cameron Murray, and Mr Tony O’Reilly, Kennedy’s. This was provided in addition to a written submission. The Review Board then considered the matter.
4. Evidence and other background material taken into account
In reaching its decision the Review Board had regard to the following:
(i) The relevant provisions in the Classification Act, the National Classification Code (the Code) and the Guidelines for the Classification of Publications (the Publications Guidelines).
(ii) Horwitz Publications application for review
(iii) Kennedy’s (applicant’s representative) written and oral submissions
(iv) the February 2013 issue of AUSTRALIAN PENTHOUSE (the original issue)
(v) the Serial Classification Declaration for a Publication Section 13(3) notice
(vi) the May 2013 issue of AUSTRALIAN PENTHOUSE
The Review Board noted the following background material:
(i) the Classification (Serial Publications) Principles 2005 made under section 13(4) of the Classification Act
(ii) the Classification Board’s Decision Report for the publication titled, AUSTRALIAN PENTHOUSE Unrestricted February 2013
(iii) the Classification Certificate for AUSTRALIAN PENTHOUSE Unrestricted February 2013
(iv) the Publications Audit Report, dated 20 June 2013 for the May 2013 issue of AUSTRALIAN PENTHOUSE
(v) the letter to Horwitz Publications from the Director of the Classification Board, dated 9 July 2013 (invitation to explain why classification should not be revoked)
(vi) the letter to the Director of the Classification Board from AUSTRALIAN PENTHOUSE, dated 23 July 2013 (response to above letter)
(vii) the File Note by the Acting Deputy Director of the Classification Board, dated 9 August 2013
(viii) the letter to AUSTRALIAN PENTHOUSE (C11/95) from the Director of the Classification Board (Notice of revocation of serial classification -Declaration number 25640).
6. Synopsis
AUSTRALIAN PENTHOUSE is a publication containing photographs, general interest stories, letters and advertisements for adult products and services.
7. Findings on material questions of fact
The Review Board assessed the content in the May 2013 issue of AUSTRALIAN PENTHOUSE (which is an issue covered by the serial declaration number 25640) and found that it contains aspects of importance under various classifiable elements:
Sex – The Review Board considered that the issue contained material that would be classified no more than Unrestricted.
The Board in particular considered the images on pages 43-50 which is the pictorial titled ‘Sparring Partners’. This pictorial consists of a series of photographs of two adult females, Karina and Eufrat. These photographs include: on page 44 one woman with her tongue on the other woman’s right nipple, on page 45 one woman kneeling in front of the other apparently undoing the bikini bottom of the other woman, on pages 46-47 one woman kissing the back of the other now nude woman who is posed in a rear facing position on elbows and knees, page 48 with one woman holding the other woman’s left breast and placing her mouth close to (but not touching) the breast, page 49 two women nude stand with their bodies touching each other, depicting their tongues touching and one woman’s hand apparently brushing the other woman’s breast, and page 50 with the two women nude standing opposite each other with the pubic area of one woman visible.
The Review Board considered that these images discreetly imply sexual activity involving consenting adults which is not high in impact. According to the Publications Guidelines, this content would be permitted in the Unrestricted Category.
(b) Nudity –
The Review Board considered that the images referred to above contain a variety of breast nudity, rear below waist visuals, and images in which both women are clearly nude. The Review Board considered that these are realistic depictions of sexual nudity but that they are not high in impact, and there is, at most discreet, genital detail. According to the Publications Guidelines, this content would be permitted in the Unrestricted Category.
(c) Adult themes –
According to the Publications Guidelines, the Issue contains content that would be permitted in the Unrestricted Category.
8. Reasons for the decision
The Review Board is of the opinion that the May 2013 issue of AUSTRALIAN PENTHOUSE, which is covered by the serial declaration number 25640 does not contain material that, if the issue were being classified separately, would cause it to be classified with a higher classification than the original issue, which was classified Unrestricted.
Therefore the serial classification (declaration number 25640) is not revoked.
9. Summary
The review Board decided that the serial classification (declaration number 25640) of AUSTRALIAN PENTHOUSE is not revoked.
– Classification Review Board report

Hooters

Publisher ACP Extra Picture / Australia

The earliest edition of HOOTERS in the National Classification Database is issue No. 2. This was rated Category 1 in November 2007.

Since then, the magazine has either been Category 1 or Unrestricted. Many issues are listed as being ‘modified’.

No. 76: Refused Classification

In September 2009, a 46-page edition of HOOTERS No. 76 was banned by the Classification Board.

September 2009
Pubs 1(a)&(b) The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, 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,” and
(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).”
– Classification Board

Later in the month, ACP Extra removed two pages of content. This 44-page version was then passed as Unrestricted M (Not recommended for readers under 15 years).

No. 316: Refused Classification

In April 2019, a 6-page edition of HOOTERS No. 316 was banned by the Classification Board.

April 2019
Pub w. Ad 22(1A) & 29(1),(6)
22 (1A) A publication must not be classified if it contains an advertisement that has been refused approval.
29 (1) The Board may approve or refuse to approve an advertisement for a publication, a film or a computer game either on an application for approval or on its own initiative. An approval of an advertisement may be subject to conditions.
29 (6) The Board must refuse to approve an advertisement for: (a) a film or computer game that has been classified RC; or (b) an unclassified film or unclassified computer game that, if classified, would be likely to be classified RC.
– Classification Board

Bauer Media was the applicant.

Penthouse Forum

Publisher PH Publications / Australia – USA

PENTHOUSE FORUM is a long-running magazine that has traditionally been passed as Category 1.

Apart from those listed below, the only other issue to have problems was the US edition of PENTHOUSE FORUM Vol. 30 No. 6 (June 2000), which was Refused Classification in July 2000.

Australian relaunch problems

In March 2014, PH Publications resurrected an Australian edition of PENTHOUSE FORUM.

They were awarded Category 1 for the first two issues, while three and four were initially banned, before being censored.

No. 3: Banned & twice censored

In September 2014, an 84-page edition of issue No. 3 was banned.

Penthouse Forum No. 3 (2014) - Magazine Cover 1 — Issue No. 3 (2014)

September 2014
Pubs 1(a)&(b) The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, 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,” and
(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).”
– Classification Board

An 84-page ‘modified version’ was passed as Category 2 in October 2014.

This was still too high for the distributor, so they censored it further. They achieved their desired Category 1 in October 2014 with an 84-page ‘modified version’.

No. 4: Banned and censored

In December 2014, PH Publications had an 84-page edition of issue No. 4 banned.

December 2014
Pubs 1(a)&(b) The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, 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,” and
(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).”
– Classification Board

An 84-page ‘modified version’ was passed as Category 1 in December 2014.

WA Perth Swinger Club

aka Swinger Club

Publisher goswinger.net / Australia

In March 2007, an 84-page edition of WA PERTH SWINGER CLUB No. 57 was banned by the Classification Board.

The applicant was ASP Productions.

March 2007
Pubs 1(a) The publication is classified RC in accordance with the National Classification Code, Publications Table, 1.
(a) as publications that “describe, 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.”
– Classification Board

Wet Set

Publisher wetset.net / Australia

WET SET is an Australian fetish publication that was established in 1993.

It has consistently passed as Category 2, though several issues were first Refused Classification before being censored.