Fable
Prod Microsoft / 2004 / USA / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
Passed by the Classification Board with an M15+( Medium Level Animated Violence) rating on June 11th 2004.
Peter Beattie speaks out against FABLE
Just over a year later the Queensland Premier spoke about the game in Parliament.
Queensland Parliament
Weekly Hansard
51st Parliament
Thursday, 11 August 2005
MINISTERIAL STATEMENT
Violent Video Games
Hon. PD BEATTIE (Brisbane Central—ALP) (Premier and Treasurer) (9.36 am):
In the course of seeking information this week about Getting Up, I learned of the existence of another computer game which also may warrant action. Fable, which has been classified M15+ with the consumer advice ‘medium level animated violence’, is said to promote violence. Women’s groups have complained that it encourages male violence against women. This is anathema to most Queenslanders and certainly to this government. Domestic violence is a crime; it can murder, it can maim and it can leave women and children traumatised and emotionally scarred. As we see too often in Queensland, it can throw families and entire communities into dysfunction.
The government encourages creativity and Queensland’s home-grown computer game industry as well, but we condemn the glorification of violence to young people. The Office of Fair Trading’s classifications officer is currently examining Fable. If it is determined that the game promotes violence, we will not hesitate in asking the federal government to take appropriate action.
***
Complaints to the Classification Board
Classification Board & Classification Review Board - Annual Report 2004 - 2005
Computer Games - complaints
A single complaint was received about coarse language in Jak 2 [PG], the depiction of violence in The Simpsons: Hit & Run [G] and perceived domestic violence in Fable [MA15+].
Fallout 3
Prod Bethesda Game Studios / USA / 2008 / IMDb
Zenimax Europe had this title banned by the Classification Board on July 4th 2008. It became the third game to be banned in 2008.
***
Classification Board Report for the RC version
Thanks to Raven for this report.
Board Report
Classification (Publications, Films and Computer Games) Act 1995
CLASSIFICATION BOARD
DETAILS OF THE COMPUTER GAME:
FILE No T08/2707
Title: FALLOUT 3
Version: ORIGINAL
Format: . Multi Platform
Duration: VARIABLE
Publisher: ZENIMAX EUROPE LTD
Programmer: BETHESDA GAME STUDIOS
Production Co: NOT SHOWN
Country Of Origin: USA
Language: ENGLISH
Application Type: Comp Game Demonstrated
Applicant: ZENIMAX EUROPE Ltd.
PROCEDURE:
The Classification (Publications, Films and Computer Games) Act 1995, the
National Classification Code and the Classification Guidelines are followed when
classifying films, computer games and publications
Written submissions: NO
Oral submissions: YES
MATERIAL CONSIDERED:
In classifying this item regard was had to the following:
(i) The Application YES
(ii) A written synopsis of the item YES
(iii) The Item YES
(iv) Other NO
DECISION
(1) Classification: RC
(2) Consumer Advice:
(3) Key:
SYNOPSIS:
Fallout 3 is a first person shooter/ role playing game where the player has to
direct their character through post-apocalyptic Washington, D.C. The game
involves emerging from a vault, where survivors have hidden for hundreds of
years, and exploring the wasteland above.
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),
including the matters set out in sections 9A and 11 of 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 majority view this game warrants an 'RC' classification in accordance with item 1 (a) of the computer games table of the National Classification Code:
"1. 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;" will be Refused Classification.
The Guidelines for the Classification of Films and Computer Games also state that, as a general rule:
"Material that contains drug use and sexual violence related to incentives and rewards is Refused Classification. "
The game contains the option to take a variety of drugs known as "chems" using a device which is connected to the character's arm. Upon selection of the device a menu select screen is displayed. Upon this screen is a list of"chems" that the player's character can take. by means of selection. These "chems" have positive effects and some negative effects (lowering of intelligence, or the character may become addicted to the "chem"). The positive effects include increase in strength, stamina. resistance to damage. agility and hit points. Corresponding with the list of various "chems" are small visual representation of the drugs, these include syringes, tablets, pill bottles. a crack-type pipe and blister packs. In the Board's view these realistic visual representations of drugs and their delivery method bring the "science-fiction" drugs in line with "real-world" drugs.
The Guidelines also state that "Material promoting or encouraging proscribed drug use" is Refused Classification.
The player can also select and use "Morphine" (a proscribed drug) which has the positive effect of enabling the character to ignore limb pain when the charater's extremities are targeted by the enemy.
The Authorised Assessor's report also states that "chems are an essential part of Fallout 3, and the player will likely use a variety of them throughout the game".
In the Board's view the drug use in particular the use of a proscribed drug. via means of selection from a menu, is related to incentives and rewards as the incentive to take the drug is to progress through the game more easily and the reward is an increase in the character's abilities and as such is Refused Classification.
MINORITY VIEW
In the minority view of the Board the violence throughout the game is strong in
playing impact and warrants an MA 15+ level of classification with the consumer
advice of strong violence.
OTHER MATTERS CONSIDERED
The Board notes that the violence throughout the game could be accommodated at
an MA 15+ level of classification.
DECISION
In the Board's view this game is Refused Classification.
***
Classification Board Report for the MA15+ version
A modified version was prepared for the Australian market and on August 7th 2008 it was passed with an MA15+ (Strong violence, drug references and coarse language) rating.
Kotaku.com.au has a copy of the Classification Board's report for the FALLOUT 3 MA15+ rating. They say:
"....the report is vague on details, but it looks like the art and names of a few drugs may have changed, and the action, not the effect, of taking drugs removed"
"You might have noticed there's no mention of morphine, which leaves its existence up in the air"
They quote the Classification Board report as saying:
The drug references within the revised version are justified by context and lend a strong playing impact to the game. The drugs depicted are fictional; drugs are depicted as stylised icons on a menu with the drug use itself not depicted. Whilst navigating a post-apocalyptic futuristic landscape, players can invoke the use of a variety of "chems" listed by fictious names which include "Buff", "Rad-X", "Psycho" and "Ultrajet". Within the context of the game's narrative, the player may choose to make use of these "chems" to alter the physiological characteristics of their character in the game.
The Board noted that the "Guidelines for the Classification of Films and Computer Games 2005" states that "as a general rule ... material that contains drug use ... related to incentives or rewards is Refused Classification" and found that relationship [sic] between drug use and the incentives and rewards is not such that it promotes or encourages the use of proscribed drugs. Therefore the game does not warrant to be Refused Classification and can be accommodated at MA15+ with a consumer advisory of "strong drug references".
Minority view:
In the minority view of the Board the drug use in the game is in excess of the general rule applied under the Guidelines. The drugs are unambiguious in their visual representations, which include pills and hypodermic needles, and are related to incentives and rewards in that the incentive to take the drug is that progess through the game is achieved more easily and the reward is an increase in the character's abilities. The game therefore warrants and 'RC' classification.
***
The Classification Board speak about FALLOUT 3
In August 2008 Logan Booker at kotaku.com.au managed to get these responses from the Classification Board.
Kotaku AU: Regarding the use of drugs in computer games - could you elaborate on what specifically made its use in Fallout 3 too much for an MA15+ rating, and what was changed in the revised version to bring it in line?
Classification Board: The Guidelines for the Classification of Films and Computer Games (the Guidelines) provide that at the MA 15+ classification (the highest classification for computer games) drug use may be strong in impact and should be justified by context. The Guidelines also provide a general rule that material that contains drug use and sexual violence related to incentives or rewards is RC (Refused Classification).
Accordingly, computer games may include the depiction of drug use. However, if the use of drugs provides an incentive or reward the computer game must be RC. An incentive may be the ability to progress faster through the game. A reward may be a gain in points or access to a wider choice of weapons.
In regard to the computer game Fallout 3, the Board is of the opinion that the use of morphine in the game has the positive effect of enabling the character to ignore limb pain. This ability to progress through the game more easily is the incentive to take the drug while the reward is in the character's abilities.
The revised version of the game has been modified to remove the incentive and reward of progressing through the game more easily from the element of drug use. The revised version has fictional drugs depicted as stylised icons which will alter the physiological characteristics of the characters in the game.
In the decision of the Board, there is no incentive or reward to select drug use.
Kotaku AU: Regarding the portrayal of violence in video games - it appears dismemberment, decapitation; post-mortem damage and blood pooling are major issues for the Board, under the classification guidelines. Can you elaborate on what factors make these elements acceptable in the MA15+ category? For example, it appears to be acceptable in Fallout 3, but was deemed not so for Soldier of Fortune: Payback.
Classification Board: The Classification Board is of the opinion that the violence in Fallout 3 which includes large blood bursts, dismemberment and post-mortem damage is strong in impact. Strong impact violence that is justified by context can be accommodated at the MA 15+ classification.
The Board is of the opinion that the violent depictions in Soldier of Fortune: Payback exceed strong impact. In Soldier of Fortune: Payback blood spray is substantial and blood splatters on the ground and walls. The player may target various limbs of the opponents and this can result in the limb being dismembered. Large amounts of blood spray forth from the stump with the opponent sometimes remaining alive before eventually dying from the wounds. Additionally, dead bodies and blood remains on the ground. Dead bodies on the ground may be repeatedly attacked. The limbs may be shot off, resulting in large amounts of blood spray and the depiction of torn flesh and protruding bone from the dismembered limb. Shooting the head of a body will cause it to explode in a large spray of blood, leaving a bloody stump above the shoulders. Bodies will eventually disappear from the environment.
The impact provided by the amount of blood and detail of dismemberment in Soldier of Fortune: Payback exceeds that can be accommodated at MA 15+ (such as the depictions in Fallout 3).
***
Bethesda speaks about the censorship problems
Bethesda's Pete Hines is the product manager for FALLOUT 3. Here he talks about the varying censorship problems that developers must face.
Bethesda: Multiple censorship laws 'frustrating' computerandvideogames.com 02.09.08
Hines refused to talk specifically about the issues Fallout 3 faced with Australian censorship last month. But, on the topic of censorship in general, he told CVG: "The frustrating thing for us is that the standards and rules can be so varied across territories, that we work with five or six ratings agencies and each one has different 'hot buttons'."
He went on to explain: "In one place nudity is a big deal but violence is fine, and in another place drugs are a problem but nudity is fine.
"I guess that's the way of the world - not every country is the same. You're not aiming at one target, you're aiming at six different ones, worrying about how each one will feel about different things," he added.
But Hines insists that this doesn't effect initial development decisions. "We just go through and make the game that we want to make," he said. "We have our eyes wide open, mindful of the things that could be flagged up and how we're going to resolve them if that becomes a problem."
***
FALLOUT 3: Aussie Censorship goes global
In September Bethesda's Pete Hines revealed that Australia's censorship of FALLOUT 3 was going global. All real world drug references were to be removed from every version of the game.
Censors Force Fallout 3 Changes edge-online.com 09.09.08
Speaking to Edge, Bethesda has explained what it calls a “misconception” regarding the classification of Fallout 3 in the Australian region. Edge has also learned that due to concerns and issues raised in the process of international classification, Fallout 3 will not contain real world drug references in any territory.
Edge has been told by Bethesda vice president of PR and marketing Peter Hines that there will be no differences between the version that releases in Australia and the versions that will release in other territories, including Europe and the US.
Calling the idea of an Australia-specific version of the game a “misconception,” Hines told us, “We want to make sure folks understand that the Australian version of Fallout 3 is identical to both the UK and North American versions in every way, on every platform.”
He continued, “An issue was raised concerning references to real world, proscribed drugs in the game, and we subsequently removed those references and replaced them with fictional names. To avoid confusion among people in different territories, we decided to make those substitutions in all versions of the game, in all territories.”
Hines stated, “I didn't want people continuing to assume the version in Australia was some altered version when it's not.” Finally, he explained that, “There are no references to real world drugs in any version of Fallout 3.”
***
FALLOUT 3 in the SA Parliament
During debate the Liberal's Isobel Redmond taunted Michael Atkinson and commented on FALLOUT 3.
South Australia
HOUSE OF ASSEMBLY
Thursday 16 October 2008
Mrs REDMOND: I know that the Attorney loves computer games. It is because of computer games and their classification that the Attorney has recently made it to No. 6 on the most hated people in Australia list, in fact I think he was the highest ranked South Australian on the list by a long way. So, it is good that he likes being so hated by the people who like computer games.
No doubt the Attorney will be pleased to know that at least one of the games for which there was no classification available in South Australia, largely because the use of the substance of morphine as a painkiller was referred to in the game, so the game makers changed the name to a fictitious name. They did not change the game at all, but having changed the term 'morphine' to a fictitious name they were able to get the game classified and, in fact, they have had that name changed all around the world.
***
FALLOUT 3 (MA15+) vs. DARK SECTOR (RC)
Mick has played the uncut version of DARK SECTOR which was banned by the Classification Board back in February 2008. Here he compares the release version of FALLOUT 3, with the violence in DARK SECTOR.
I just recently began playing Fallout 3 and noticed something almost straight away; the gore content is actually a lot more graphic and detailed than what Dark Sector was banned for. I was quite astounded that the OFLC had no issues with any of it. Only the drugs.....Which I might add is completely laughable. Hey kids, did you know it's fine to decapitate and eat innocent people but just don't ever ask for morphine if you happen to land yourself in the ER for whatever reason?
Lets take a quick look: both games contain slow motion death scenes, equipped with up close blood sprays, dismemberment and decapitation. This is done using the VATS system or during real-time game play. There is a plethora of weaponry to be used and the gore ranges from your run of the mill dismemberment right through to heads flying off bodies in slow-mo and bodies exploding into pieces after using a grenade or rocket launcher. There are even 'perks' that one can acquire to bump up the graphic violence even further by allowing bodies to explode into a bloody mess via just one bullet. There is even a Cannibalism perk which allows you to regain health by munching on dead bodies! The OFLC also didn't even seem to have a problem with the fact that you can even assist a guy commit suicide during the game....But ok, drugs are MUCH worse. I mean come on, you're even rewarded for killing innocent people as you can then regain health by eating them, gain experience points to level up and steal whatever is in their pocket.
I really cannot get my head around the fact that Dark Sector was banned for much less than this. If this incidence doesn't display a 40,000ft high sign flashing "HYPOCRISY" I don't know what does.
***
Morphine in FALLOUT 3 (RC) vs. VELVET ASSASSIN (MA15+)
Tim at r18games.com.au wrote to the Classification Board questioning the seemingly double standards that saw VELVET ASSASSIN rated MA+ whilst FALLOUT 3 was banned.
Morphine and the Classification Board r18games.com.au 13.03.09
VELVET ASSASSIN
The board notes that the game (Velvet Assassin) contains drug references that
can be accommodated within a lower classification. However, the presence of the
drug references warrants the additional consumer advice of drug references for
the following reasons:
1) The drug references consist of references to morphine and the presence of syringes that can be collected by the players within each mission. The syringes allow the player to have morphine implicitly administered to them a limited number of times. The morphine links back to the reality of Violette being administered the drug in hospital. Although the use of morphine enables the player to better complete difficult parts of the mission, this does not lead to killings being more violent, to the demise of more enemies or a better outcome for the player or the character of Violette.
2) While the general rule in the Classification Guidelines state that “material that contains drug use (…) related to incentives or rewards is Refused Classification”, the Board is of the opinion that the incentives in the game are very nuanced and mitigated by the historical and medical context of the references to the drug. The drug references are no higher than moderate in playing impact. They can therefore be accommodated within a lower classification, but warrant the additional consumer advice of drug references.
FALLOUT 3
The use of Morphine in the original version of Fallout 3 was refused
classification for the following reasons:
1) The Guidelines state that “Material promoting or encouraging a proscribed drug use” is Refused Classification. The player can also select and use “Morphine” (a proscribed drug) which has the positive effect of enabling the character to ignore limb pain when the character’s extremities are targeted by the enemy.
2) In the Board’s view the drug use, in particular the use of a proscribed drug, via means of selection from a menu, is related to incentives and rewards as the incentive to take the drug is to progress through the game more easily and the reward is an increase in the character’s abilities and as such is Refused Classification.
The Board notes that the revised version of Fallout 3 which was classified MA15+ on 7 August 2008 has been modified to remove the incentive and reward of progressing through the game more easily from the element of drug use. The revised version has fictional drugs depicted as stylised icons which will not alter the physiological characteristics of the characters in the game. In the decision of the Board, there is no incentive or reward to select drug use, however the Board considers these drug references to be strong in impact
In their Annual Report the Classification Board further explained the reasons.
Decisions
MA15+
Games
VELVET ASSASSIN
Annual Report 2008-2009
The computer game Velvet Assassin was classified MA 15+ with the consumer advice 'Strong violence and drug references'. The Classification Board noted that the game contains violence that is strong in impact and justified by context. Whilst the Classification Board noted that the game contains drug references that can be accommodated within a lower classification, consumer advice for drug references was included due to the use of morphine in the game. The use of the drug was not, however, related to incentives or rewards
***
Complaints the Classification Board
Complaints
Computer Games
Annual Report 2008-2009
The Classification Board received 725 complaints in relation to the classification of computer games. The Board made 1068 classification decisions for computer games in 2008-09. Some titles received a large number of complaints while other titles received single complaints but overall, the complaints were about a small number of titles.
Five computer games were classified RC during the reporting period. These computer games were Fallout 3, Silent Hill: Homecoming, F.E.A.R 2: Project Origin, Necrovision and Sexy Poker. There were complaints about four of these decisions.
There were 629 complaints about Fallout 3
Many of the complaints about the decisions for the RC computer games also complained about the lack of an R 18+ classification for computer games.
The Classification Board also received 509 complaints that were specifically about the absence of an R 18+ classification for computer games. These complaints were referred to the Attorney-General's Department as the issue of an R 18+ classification is a policy matter for Censorship Ministers.
***
Expansion Packs rated MA15+
The expansion pack FALLOUT 3: THE PIT AND OPERATION: ANCHORAGE was rated MA15+ (Strong violence, drug references and coarse language) on June 2nd 2009.
A second expansion pack FALLOUT 3: BROKEN STEEL AND POINT LOOKOUT was rated MA15+ (Strong violence, drug references and coarse language) on July 30th 2009.
A third expansion pack FALLOUT 3 - MOTHERSHIP ZETA was rated MA15+ (Strong violence, drug references and coarse language) on September 17th 2009.
These are the same rating and consumer advice as the original game received.
Gals Panic 2
Prod Kaneko / 1993 / Japan
Submitted by the Victorian Police, it was rated RC on August 9th 1996.
Gals Panic 3
Prod Kaneko / 1995 / Japan
Submitted by the Victorian Police, it was rated RC on August 9th 1996.
Getaway, The
Prod Sony Computer Entertainment / 2002 / UK / IMDb
Sony Computer Entertainment had an Original Version passed MA15+ (Medium Level Animated Violence, Medium Course Language) on October 18th 2002.
For some reason a revised version was resubmitted and passed on November 22nd 2002. It was again rated MA15+, but the rating warning had been increased to High Level Animated Violence, High Level Course Language, Sexual References, Drug References.
Finally, on November 27th 2002 a revised version was Refused Classification due to excessive violence.
***
Classification Board Report for revised version
The
full board report for the revised version is as follows. Thanks to Dean L
for sending this in.
Title: THE GETAWAY
Board Report T02/2840
SYNOPSIS:
Playstation
game in which a former gang member is forced to carry out various errands
for his ex-boss who is holding his son hostage.
REASONS
FOR THE DECISION:
When
making this classification decision the Classification Board (the Board)
followed the procedure set out in the Classification (Publications, Films
and Computer Games) Act 1995 (the Act). The Board also applied the
National Classification Code and the Classification Guidelines, while
taking into account the matters set out in section 11 of the Act.
The
National Classification Code (the Code), in the Computer Games, Table1,
states that:
Computer
Games will be refused classification (RC) if they :
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 or
propriety generally accepted by reasonable adults to the extent that they
should not be classified.
The
Classification Guidelines for Computer Games, Amendment No. 2, April 1999
(the Guidelines), in the RC section, state that:
Computer
Games will be refused classification (RC) if they contain:
depictions
of realistic violence, even if not detailed, relished or cruel (eg.
excessive and serious violence, such as realistic depictions of
dismemberment accompanied by loss of blood to real life images;
extreme
’horror’ scenarios or special effects;
In
the majority opinion of the Board, this Game contains depictions of
violence that exceed those indicated in the MA15+ Guidelines and,
therefore, warrants an RC classification for the scenes in which a person
is seen suspended from a ceiling in full motion video, blood detail to
various parts of the body and being tortured by a male using electric
shocks to the body.
The
victim is seen swaying and crying out in pain as the torturer sings an
Arsenal football song.
A
minority of the Board considered the gameplay in a night club in which a
nude and semi nude female dancer can be shot by the player to be
sexualised violence warranting an RC classification.
A
minority of the Board is of the view that this game includes breast nudity
in incidental visuals, such as with a background ’pole dancer’, and in
violent context. There is no " ’bona fide’ educational, medical
or community health purpose" for the nudity and this minority
considers this element exceeds ’MA’ as set out in the Guidelines.
A
minority of the Board considers the violence to be realistic violence of
medium intensity (eg impactful punches, kicks, blows and bloodshed to
realistic animated characters or real-life images). In the minority view,
the game can be accommodated in the MA classification with consumer
advices of High Level Animated Violence, High Level Coarse Language,
Sexual References and Drug references.
***
The revised version, and what was censored
The OFLC Annual Report from 2002-2003 describes what happened next.
"The applicant for The Getaway submitted a revised version of the game which omitted the strongest elements of violence and obtained an MA15+ classification with the consumer advice, ‘High level animated violence, high level coarse language, sexual references, drug references’."
Thanks to the guys at the Futuregamez site for the following information. The scene in question reportedly involved the torturing of a person with electric shocks.
***
What was cut?
"In all, 20 seconds of non-interactive cut-scenes have been removed - with absolutely no changes made to the gameplay or storyline. This 20 second scene involves the torturing of a captive which goes beyond that deemed acceptable in Australian video games by the OFLC. Once again there have been absolutely no changes to the actual gameplay so those with the game on pre-order need not worry."
God of War
Prod Sony Computer Entertainment / 2005 / USA / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
Sony had this title passed MA15+ (Medium level animated violence, Sexual references) on March 9th 2005. It had no problems with the OFLC, but is worth mentioning as it illustrates their changing attitudes to sexual content in games.
Mick has played the game and has provided the following
run-down.
The nudity: Every woman in the game has breasts showing. At the end of the
first level there are two females laying on a bed having sex (breasts
are showing) when the cut scene ends they are still laying there.
The Sex: If you hop onto the bed you are able to have sex with them by
pressing "O". The camera zooms away, but I have confirmed info
that this is how the game is all around the world. You press various
buttons, such as Square, Triangle and X to control the sex. If you
succeed, you get orbs that increase you're magic powers.
Gothic 2
Prod Piranha Bytes / 2002 / Germany
Atari Australia originally had this PC role-playing game passed with an M (Medium Level Animated Violence) in July 2003. This was revoked by the Classification Board on September 1st 2009. It is unclear what changed in the game since it was first passed.
An expansion pack titled GOTHIC 2: NIGHT OF THE RAVEN was released in 2005, but is not listed as being rated.
The original GOTHIC was rated M (Medium Level Animated Violence, Low Level Coarse language, Horror Theme) in July 2002, and GOTHIC 3 rated M (Moderate Violence) in November 2006.
Atari Australia had the rating revoked for DRAGON BALL: ORIGINS on the same day as GOTHIC 2 . The only other game that this has happened to was GRAND THEFT AUTO: SAN ANDREAS which lost its MA15+-rating following the discovery of the 'Hot Coffee' mod.
DRAGON BALL: ORIGINS and GOTHIC 2 were listed in the category as 'RECSec21'. This is presumably Section 21 of the Classification (Publications, Films and Computer Games) Act 1995 that states:
21 Declassification of classified films or computer games that are modified
(1) Subject to subsection (2), if a classified film or a classified computer game is modified, it becomes unclassified when the modification is made.
(2) Subsection (1) does not apply to a modification that consists of:
(a) including or removing an advertisement, other than an advertisement to which section 22 applies; or
(b) for an imported film or computer game that was in a form that cannot be modified and has subsequently been converted to a form that can be modified—removing, from the film or game, material that was advertising referred to in paragraph (f) of the definition of advertisement in section 5.
21A Revocation of classification of films or computer games that are found to contain contentious material
If the Board is of the opinion that:
Classification Part 2 Classification of publications, films and computer games Division 2 Section 22 Classification (Publications, Films and Computer Games) Act 1995 21
(a) a classified interactive film or a classified computer game contains contentious material (whether activated through use of a code or otherwise) that was not brought to the Board’s attention in accordance with subsection 14(4) or 17(2) before the classification was made; and
(b) if the Board had been aware of the material before the classification was made, it would have given the film or game a different classification; the Board must revoke the classification,
and must also revoke approval of any approved advertisement for the film or game.
Hitman: Contracts
Prod Eidos Interactive / 2004 / Denmark / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
Atari Australia had this game passed MA15+ (Medium Level Violence) on March 29th 2004.
***
OFLC not happy with HITMAN cinema ad
The article GAMES TURN DEADLY SERIOUS that appeared in the West Australian on 24th May 2004 claims that:
"The Office of Film and Literature Classification last week asked Atari to withdraw the advertisement for Hitman from cinemas, where it was playing just before M-rated blockbuster Troy. But it has approved the game itself for the Australian market."
Chris Eade from Atari is quoted as saying:
"Games should have a classification system consistent with other entertainment forms," he said. "I don't think a game in which you 'get into the mind of a killer' is any more contentious than a movie portraying a serial killer - of which there are numerous examples."
***
Complaints about the MA15+ rating
Demand to ban thrill-kill game Melbourne Herald-Sun 19.07.04 (ARCHIVED)
Noel McNamara from the Crime Victims Support Association is quoted as saying:
"This is just encouraging kids to
grow up to sneak around and shoot people in the back of the head"
"It just begs disbelief, especially
here in the hitman and crime capital of the nation."
"It's absolutely disgusting to promote
heinous crime and build up such an unhealthy fantasy."
"It should be kicked off the market.
The Government should step in and do something."
The Victorian Shadow Attorney-General Andrew McIntosh (who claims not to believe
in censorship) is quoted a saying:
"This is a matter where you would think
the Premier would stand up and call for a voluntary ban,"
"It is up to large corporations like
Blockbuster and anybody else who is hoping to distribute this game to show
some sort of responsibility.
"If you glorify a highly illegal
activity in an environment of 27 gangland killings, where do you draw the
line?"
No doubt seeing the controversy as nothing more than a media beat-up, the Victorian Attorney-General Rod Hulls is not getting involved. His spokeswoman said:
"It is up to the Federal OFLC to make this determination,"
***
HITMAN and the W.A. Parliament
Barbara Scott, the Liberal Shadow Minister For Children; Culture and The Arts argued against the game in the W.A. Legislative Council. Complaints from W.A. eventually saw the game MANHUNT reviewed and then banned.
Parliament
of Western Australia
House: Legislative Council-
QUESTIONS WITHOUT NOTICE
Date: Thursday, 26 August 2004
Member: SCOTT MS B; PRESIDENT; CHANCE
Subject: VIDEO GAMES HITMAN: CONTRACTS AND MANHUNT?
Page: 5696c - 5697a / 1
678. Hon BARBARA SCOTT to the minister representing the Minister for Justice:
I refer to her responsibility under the State Censorship Act and to The West Australian dated 13 September 2003, with articles titled “Game linked to crime spree” and “Violence is the name of the game”.
(1) Is the minister aware of the video games titled Hitman: Contracts and Manhunt?
(2) Is the minister aware that the nature of the games is to murder people and avoid detection?
(3) If not, will the minister make herself aware of the nature of the games?
Hon Tom Stephens: The Liberal Party has done more to promote those games than anyone else. Nobody knew about them before.
Hon BARBARA SCOTT: The member should read the hundreds of e-mails I have received in support of our move to have them banned. I have had hundreds of e-mails from Western Australians concerned about them.
Several members interjected.
The PRESIDENT: Order!
Hon BARBARA SCOTT: Thank you, Mr President.
(4) Will the minister restrict access to the games by ensuring that they are not available to be played in prisons and youth detention centres?
(5) If not, why not?
(6) Is the minister aware that New Zealand has banned Manhunt?
(7) Will the minister request the Office of Film and Literature Classification to ban both these video games?
(8) If not, why not?
Hon KIM CHANCE replied: I thank the member for some notice of this question. I provide the answer on behalf of the minister assisting the Minister for Justice.
(1)-(2) Yes.
(3) Not applicable.
(4) The Department of Justice advises that the games are not permitted in prisons or detention centres.
(5) Not applicable.
(6) Yes.
(7)-(8) The Minister for Justice advises that she has written to the commonwealth Attorney-General seeking a review of the computer game Manhunt. The minister is seeking a copy of the classification board’s reasons for its decision on the computer game Hitman: Contracts before deciding what action to take.
Several members interjected.
The PRESIDENT: Order!
The parliamentary secretary bench seems to be suffering from neglect, by the sound coming from it. I hope the Leader of the Opposition will ask one of them a question.
Hon Norman Moore: I was hoping to get a copy of that game so that I could work out how to do it!
Hooligans: Storm over Europe
Prod DarXabre Games / 2002 / UK
We have one report of this title being confiscated by customs in 2005.
This particular victim of the ACS decided to write to the OFLC and find out some more.
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Customs victim to the OFLC
Could you please verify for me what the Australian rating for the computer game 'Hooligans' is? This title is subtitled "Storm Over Europe".
I have searched your online database and could find no reference to the title, but the box cover shown at this URL suggests that it has been given a 'Mature rating'.
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Reply from the OFLC
The game isn't classified in Australia.
Customs can seize it if they believe it exceeds Reg 4A of their Act, which means if it is equivalent to an R game (or since we don't have R here, a game above MA). It's up to them to decide that, using our guidelines as a guide.
You won't get a permission to import such a game.
You may submit it for classification at your cost (see our website for details) but that would make it a very expensive game, if in fact it didn't exceed MA.
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Customs victim to the OFLC
Am I correct, then, in assuming that Customs have complete control over the import of any game that is not in the OFLC database, subject only to their own interpretation of the OFLC guidelines? I wonder if I were to import the American boxed release of the game (ESRB rating 'M', as opposed to 'R') if they would let it through.
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Reply from the OFLC
They'd still potentially seize it if it were unclassified.
It's a bit of a lottery really. Thousands come in to the country un-noticed, and some get stopped. Not really fair, I agree.
Immoral Combat
Prod The Digital Spider - Fat Cat Productions / USA
Submitted by the Victorian Police, it was rated RC on 23rd April 1997.
It is described as:
"The first virtual oil wrestling experience where you control all the action! One slip... and you're in deep! Only the ultimate warriors have advanced to the final level. Now their fate is in your hands! These women are the cream of the crop, each possessing unique talents that are at your disposal!"
Immoral Cumbat
Prod Coresoft / USA
Submitted by the Victorian Police, it was rated RC on May 2nd 1997.
It is described as:
"......the world's first XXX 3D "virtual reality" game. It takes you through an adult adventure in a world that could only exist in the minds of the unbalanced."
Jo Guest in the Milk Round
Prod Interactive Girls / 1994 / USA
Submitted by the Victorian Police, it was rated RC on April 21st 1997.
Kingpin: Life of Crime
Prod Xatrix Entertainment / 1999 / USA / IMDb
This title has been included as AN EXAMPLE OF OFLC POLICY. it has not been censored OR BANNED.
Interplay Productions had this passed MA15+ (High Level Animated Violence, High Level Course Language) on 6th July 1999.
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KINGPIN: LIFE OF CRIME - Very Nearly Banned
The following piece from the 1999-2000 OFLC Annual Report shows that it was considered on the border on MA15+/RC.
Kingpin: Life of Crime was classified MAI5+, due to elements of high level violence and high level coarse language, although there was a minority Board opinion that these elements were sufficiently strong to warrant the game being classified Refused Classification. This is a first person shooter game where you navigate through urban environments and try to become the "kingpin" of crime.
