The Australian Classification System:
Practices and Policies Regarding Adult Animated Films
by Sean Mosely
For the degree of Master of Arts by Research
Faculty of English, Media and Performing Arts
University of New South Wales
2011 2 Abstract
This thesis investigates the Australian classification system’s practices and policies regarding adult animated films. It examines various legal documents to show how the system adheres to a model of film aesthetics that privileges live-action over animated film when it comes to gauging the capacity of films to impact emotionally and psychologically on viewers. This attitude is evidenced in the Classification Review Board’s reports on the review of the original classification of four adult Japanese anime films in August 2008. These Original Animation Video films – Bondage Mansion, Sin Kan, Shino Sensei’s Classes in Seduction and Holy Virgins – all had their original R18+ rating scrutinised by the Classification Review Board. Upon review, Holy Virgins had its rating changed to RC, or refused classification. However, the Review Board noted in their review reports that all of the films may have required an RC rating had they been live-action. These cases indicate that animated adult films represent a challenge for the Australian classification system regarding the extent to which the animated form mitigates a film’s impact. This distinction between live-action and animated film is most clearly evident in the Guidelines for the Classification of Films and Computer Games, which offers a series of examples demonstrating how the aesthetic properties of a film can impact on viewers. This thesis argues that when considered collectively, these examples imply an aesthetic model that responds to the photorealistic properties of film, while also acknowledging the extent to which formal cinematic techniques can influence a film’s impact. This model influences how classifiers evaluate a film from an aesthetic perspective, which in turn contributes to the overall rating a film receives. The aesthetic model implied in the Guidelines can be productively compared to particular academic theories of film: specifically, the models of film put forward by Siegfried Kracauer in Theory of Film: The Redemption of Physical Reality, and Christian Metz in his essay ‘On the Impression of Reality in the Cinema’. This thesis argues that these models have a restricted capacity to understand the emotional and psychological impact of film. Furthermore, corresponding restrictions are to be found in the Guidelines. These limitations are the primary influence in the discrepancy of classification ratings between live-action and animated films. This thesis also considers the potential of more recent theories of film aesthetics to influence classification processes. As well as the later psychoanalytic film theory of Christian Metz, it examines work by Tom Gunning, Lev Manovich and Noël Carroll. Ultimately, this thesis proposes that an alternative model based on the psychoanalytic concept of identification could be applied to the Australian classification system and would be better able to comprehensively address the challenge presented by adult animated films than the current aesthetic model.
3 Contents
Frequently Used Terms 6
Introduction 7
Methodology 10
Literature Review 14
Chapter Outline 24
Chapter One: Case Studies of Anime Films 29
Bondage Mansion 34
Sin Kan/ “T&A Teacher” 40
Holy Virgins 47
Chapter Two: Overview of the Australian Classification System 52
Structure and Role of the Current Classification System in
Australia 55
The Classification (Publications, Films and Computer Games)
Act 1995 59
The National Classification Code 65
The Guidelines for the Classification of Films and Computer
Games 71
Chapter Three: The Guidelines for the Classification of Films and
Computer Games and the Australian Classification System’s Aesthetic
Model of Film 77
Siegfried Kracauer’s Theory of Film and Christian
4 Metz’s On the Impression of Reality in the Cinema 80
The Guidelines for the Classification of Films and
Computer Games Revisited 86
Alternative Aesthetic Models of Film 94
Conclusion 102
Books, Articles, Chapters and Websites Cited 108
Legislation Cited 114
Films, Television Series and Original Animation Video Series Cited 115
Appendix 1: Excerpt from the Guidelines for the Classification of Films and Computer Games Regarding Classification Ratings 117
5 Frequently Used Terms
“The Act”: Classification (Publications, Films and Computer Games) Act 1995 (Commonwealth)
“The Code”: The National Classification Code (Attorney-General’s Department, 2005)
“The Guidelines”: The Guidelines for the Classification of Films and Computer Games (Attorney-
General’s Department, 2008)
6 Introduction
In August 2008, four animated films were brought before the Australian Classification Review
Board. These films, all originally rated R18+, were further scrutinised in order to establish whether this original rating was appropriate. One of these films, Holy Virgins (2001), had its rating amended to RC (Refused Classification). The other three films, Bondage Mansion (2000), Shino Sensei’s
Classes in Seduction (2004) and Sin Kan (AKA. T&A Teacher) (2004) retained their original R18+ rating.
This thesis asserts that these films were brought before the Classification Review Board because they employ animation in a way that is different to the historically typical use of the form commonly seen in Australia. The films in question are all examples of Japanese anime. Although anime has become increasingly popular in Australia over the past couple of decades, its consumption is still relatively new. As a nation, Australians are more exposed to the cartoons of the
United States (and to a lesser extent Western Europe). The animated films of Disney or Warner
Brothers, especially those produced during the twentieth century, targeted young children and families. While there was often violence (especially in Warner Brothers films), it tended to be highly exaggerated and unrealistic. As for sex, the most risqué content tended to be Bugs Bunny dressing up as a ‘seductive’ woman or Pepé le Pew coming on to an unsuspecting female cat that had a stripe of white paint down her back.
Anime, or Japanese animation, does not limit itself to such family-friendly depictions. While many Japanese animated films and series are wholly appropriate for children, there are also plenty of examples that target a more mature audience. Some of these adult anime are released on DVD in
Australia, before which they must pass the evaluation of the Australian classification system.
Unfortunately, as this thesis will show, the Australian system is not well structured to accommodate many of these films and series.
7 If one looks at the legislation and the guidelines for the Classification Board and
Classification Review Board, it starts to become clear why adult anime is problematic. Some anime films contain drawn or digitally rendered depictions of human sexual penetration. Typically, films of this type are rated X18+. However, the X18+ rating, as it currently stands in Australia, is a special and exclusive category. It allows for sex but it does not allow for violence, assaultive language or coercion. This dramatically limits the types of stories that can be told in films that depict sexual penetration. While some films containing sexual penetration have been classified
R18+, such films are exceptional. Normally, the R18+ rating only allows for simulated sex where sexual penetration is not displayed (the Guidelines, p. 11).
Many ‘anime’ films, including the four anime films which were brought before the
Classification Review Board in 2008, contain depictions of sexual penetration as well as violence, coercion or assaultive language. This means that they cannot be accommodated by the X18+ rating.
Because of this, the four films in question were rated R18+ for their original classification. This rating was potentially appropriate for a few reasons. First, it could be argued that a drawn (or otherwise contrived) image of sexual penetration is merely a simulation of the act, regardless of whether the penetration is clearly visible on-screen. Secondly, the Guidelines for the Classification of Films and Computer Games draw a distinction between “realistic” images and “stylised” images
(the Guidelines, p. 6). The Classification Board and Classification Review Board define “stylised” as images that do not look like live-action photographs or film (Guidelines for the Classification of
Publications, p. 16). While X18+ is, as already stated, a special category, there is still a general assumption that it is a more severe rating than R18+. After all, X18+ rated films cannot be shown in cinemas, and their DVDs cannot be legally purchased in the states (they are only available in the
Northern Territory and the Australian Capital Territory). So, if an animated film shows sexual penetration, and non-realistic animation is considered to have a lesser impact than live-action film, then it appears reasonable to classify films showing animated sexual penetration as R18+.
8 However, sexual intercourse is not the only classifiable element within these animated films.
The four anime films in question also contain other elements that can potentially augment their classification rating. For instance, Bondage Mansion depicts fetishes that would not be allowed in an X18+ rated film. Regarding the X-rating, the Guidelines for the Classification of Films and
Computer Games state that “Fetishes such as body piercing, application of substances such as candle wax, ‘golden showers’, bondage, spanking or fisting are not permitted” (the Guidelines, p.
12). Since Bondage Mansion contains at least three of these elements, it clearly cannot be accommodated within this rating. In the section of the Guidelines that defines the Refused
Classification rating, one of the stipulations for evaluating whether a film should be rated RC is the
“Gratuitous, exploitative or offensive depictions of...activity accompanied by fetishes or practices which are offensive or abhorrent” (the Guidelines, p. 13). Presumably, if a fetish is offensive enough to not be accommodated within the X rating, then it is offensive enough that its depiction necessitates a RC rating.
Bondage Mansion is not the only film that contains such contentious material. The other three reviewed animated films also contain depictions that sit uncomfortably within any of the ratings as set out in the Guidelines for the Classification of Films and Computer Games. Shino
Sensei’s Classes in Seduction and Sin Kan (AKA. T&A Teacher) both depict sexual intercourse between female teachers and students who may be younger than 18 years. Holy Virgins depicts sexual intercourse between male adults and females who may be younger than 18 as well as sexual intercourse involving an unwitting participant. As with sexual fetishes, sexual activity involving minors is both proscribed in the X18+ section of the Guidelines and cited in the Refused
Classification section. In short, if these films were live-action instead of animated, they would almost certainly be rated RC (Classification Review Board, 2008a: p. 5).
The fact remains, however, that they are not live-action films. Because these films are animated, they have been held to a lesser standard of censorship by the Classification Board. This
9 was a decision that some Australians did not agree with. After receiving complaints about these films, the minister of Home Affairs, Bob Debus, requested that the Classification Review Board evaluate these films to see if they agreed with the ratings of the Classification Board.1 Upon review, the R18+ ratings of Bondage Mansion, Shino Sensei’s Classes in Seduction and Sin Kan were upheld. The R18+ rating of Holy Virgins, however, was overturned in favour of an RC rating.
The fact that these four films were brought before the Classification Review Board suggests that there is uncertainty in the Australian classification system regarding how adult animated films should be treated. The overturning of the original rating for Holy Virgins further reinforces this uncertainty. While there have been many live-action films brought before the Classification Review
Board over the past decade, it is rare that live-action films would contain elements similar to these animated films and not be refused classification. The only two live action films in recent years that have included both sexual penetration and violence and not been rated RC were Gaspar Noé’s
Irréversible (2002, reviewed in 2004) and Catherine Breillat’s Anatomy of Hell (2004, reviewed in
2004).2 Both of these films had their original R18+ ratings upheld by the Classification Review
Board, due mostly to their perceived artistic merit (Classification Review Board, 2004a and 2004b).
The Review Board made no mention of any artistic merit of the four animated films currently in question.
Methodology
It appears that the Australian classification system is still evolving in regard to dealing with the peculiarities of animated film. This thesis will evaluate the Australian classification system’s
1 The published Classification Review Board reports for the four animated films in question identified the Hon. Bob Debus as the applicant in all cases. In their online publications about film classification, the Australian Family Association (who were involved as interested parties in the reviews of these films) confirmed that Mr. Debus was operating on behalf of complaints he had received from some members of the public. The media watchdog website “Refused-classification.com” also confirmed this account. (Conway 2008 / Refused-classification.com 2008) 2 It should be noted that the depiction of sexual penetration in Irréversible was exceedingly brief. The Classification Review Board acknowledge the brevity of these scenes in the review report (2008: p. 5).
10 capacity to address animated adult content from a film theory perspective. It will compare and contrast the Australian classification system’s aesthetic understandings of film to popular and important film theories that seek to explain the medium’s capacity to affect spectators. This will first involve identifying what the Australian classification system’s aesthetic model is. Fortunately for this enquiry, this aesthetic model is concisely illustrated in the Guidelines for the Classification of Films and Computer Games. This document includes a series of examples as to how the impact of a film or scene can be increased by stylistic techniques. It will be argued that these examples, when considered collectively, form a consistent aesthetic model for understanding the emotional and psychological capacities of the medium. This model, which highlights the medium’s capacity for verisimilitude while also recognising the affective potential of special effects, shares some similarities with Siegfried Kracauer’s Theory of Film and Christian Metz’s theory outlined in his essay On the Impression of Reality in the Cinema.
The analysis of the Guidelines’ aesthetic model will show how film theory can correspond to film classification and censorship. Some aesthetic theories of film seek to illustrate how different techniques can produce a film or scene which affects spectators in a psychological, emotional or physiological manner. This is very similar to what the Australian classification system does with the aesthetic model found in the Guidelines for the Classification of Films and Computer Games. The
Australian classification system applies the Guidelines’ aesthetic model to determine the potential of a film or scene to elicit offence or disgust. In turn, this model helps to establish what restrictions
(if any) should be placed on a film’s public availability.
In addition to interpreting the current aesthetic model of the Australian classification system, this thesis will also utilise film theory to suggest possible alternatives to the current model. In particular, the thesis will draw on Metz’s psychoanalytic film theory (which he developed after writing On the Impression of Reality in the Cinema) as a potential solution to the aesthetic problems that the classification system encounters when dealing with adult animated films. The thesis will
11 also cite theorists such as David Bordwell, Noël Carroll, Lev Manovich and Tom Gunning in order to offer other alternatives to the current Guidelines’ aesthetic model.
This film theory-focused investigation of the Australian classification system’s aesthetic model will be prefaced with case studies of the Classification Review Board’s reviews of Bondage
Mansion, Sin Kan and Holy Virgins. The fourth film, Shino Sensei’s Classes in Seduction, will not be investigated as it is very similar in content to Sin Kan. The purpose of these case studies is to identify how the Classification Review Board reacts to actual cases of animated films with adult content. These instances will help to situate the arguments of this thesis in a practical context. They will also be useful for comparing the Classification Review Board’s decisions to the Guidelines and other supporting documents, so as to compare the Australian classification system’s practices to its policies.
The main purpose of this thesis is to illustrate how Film Studies can assist the policies of film classification and censorship in Australia. Considering that Film Studies is largely preoccupied with the aesthetic potentials of the medium, it is only sensible that it should play an instrumental role in determining how films should be rated. This is not to say that Film Studies is generally concerned with banning or restricting film. However, if Australia is deemed to require an institution for classifying and censoring films, then it is entirely appropriate for academic film theory to contribute to the policies of that institution.
This thesis’s approach to this question of censoring adult animation has involved analysis and interpretation of relevant documents published by the Attorney-General’s Department, the
Classification Board and the Classification Review Board. This approach was chosen (as opposed to, for example, interviews of board members, ministers or public servants) for a couple of reasons.
Largely, it is a matter of availability. The documents that have been consulted are publicly available and are thus easily accessible for the reader to further scrutinise. However, it is also a matter of authority. No single member of the boards can be said to represent the views of all other board
12 members. The Australian classification system is a bureaucratic machine, whereby individual opinions are absorbed into a process of debate and compromise. As such, the final published decisions may not necessarily represent the position of any board member. These published decisions, however, are the authoritative documents which are supported by the Classification
Board, the Classification Review Board, the Attorney-General’s Department and the federal
Government of Australia. Given their authority, this thesis considers these published documents to be the appropriate targets for scrutiny.
It should be noted, however, that this particular approach to understanding Australia’s system of classification and censorship is not universally utilised. This thesis treats the Australian classification system as a clearly defined governmental institution that is capable of imposing its bureaucratic will on the public availability of films. While this can be considered an accurate description of one of the classification system’s main roles, alternative academic perspectives towards classification and censorship systems do exist. One of the more noteworthy alternative perspectives is Annette Kuhn’s analysis of early British film. In her work Cinema, Censorship and
Sexuality: Britain 1909-1925 (1988), Kuhn shows how film censorship in Britain originally developed through a series of interactions between different institutions. The institutions Kuhn cites include the British film industry, the British Board of Film Censors, the local film licensing authorities and social interest groups. The films themselves also helped to define the conditions of censorship.
Alternative theories of censorship (such as Kuhn’s) can be very useful in developing a broad historical understanding of the role that censorship plays in defining social norms and trends, as well as the way norms and trends can influence censorship. However, such theories do not invalidate perspectives which treat the Australian classification system as a stand-alone institution.
While the classification system is subject to external forces and attitudes, the scope for these diverse and disparate forces to impact on decisions is severely limited in most cases by rigid laws and
13 guidelines. While these laws and guidelines are also subject to external forces and attitudes, this sort of influence is generally only manifested through official review processes. So, the fixed structure of the Australian classification system at the current time means that classification decisions are likely to be predictable and consistent in the overwhelming majority of cases. As such, a more conventional approach to understanding the Australian classification system is called for.
Literature Review
There have been some analyses of the Australian classification system, but none that focus specifically on the classification of contentious animated films. For example, Helen Vnuk looks at the Office of Film and Literature Classification (as it was then called) in her book Snatched: Sex and Censorship in Australia (2003). In this book, Vnuk identifies several cases of films and publications that have been rated in a way she considers inappropriate. Examples include the furore that surrounded a publication of Robert Mapplethorpe’s photographs and the strictness with which many fetish-related adult films are classified in Australia. Vnuk herself, the ex-editor of Australian
Women’s Forum, has first-hand experience with the Australian classification system and the problems with publishing for an adult readership.
Another book that deals with the Australian classification system is David Marr’s The High
Price of Heaven (1999). In this book, Marr looks at the different ways in which conservative
Christian lobbyists influenced the Australian Government in the later part of the 1990s. One aspect that he addresses several times in his book is how conservative Christians have influenced the censorship of film and television. One of the chapters of the book focuses on the debate that has surrounded Pier Paolo Pasolini’s infamous film Salo, Or the 120 Days of Sodom (1975). Marr, who believes that Salo is a serious artistic and political endeavour, heavily criticises both the Office of
Film and Literature Classification and the Christian lobby for the reclassification of the film to RC
(refused classification) in 1997. Salo had been unbanned in 1993, before which it had been refused
14 classification since its original release.3
Both of these books are well researched, well written pieces by two of Australia’s finest journalists. Even though they are not, strictly speaking, academic texts, they are credible and factual to the extent that they can be considered within an academic framework. However, these publications are largely concerned with the issue of content rather than aesthetics. This in no way invalidates the importance of these books, but clearly they address a different aspect of censorship than the one which this thesis is tackling.
Another book that deals with similar issues to this thesis is Ina Bertrand’s Film Censorship in Australia (1979). In this book, Bertrand looks at the early development of the film censorship system in Australia. She shows how the original laws regarding films in Australia initially focused on the licensing of film venues. This licensing was largely based on perceived safety issues of flammable nitrate film, which in turn were based on the safety laws regarding live theatre venues.
These laws were gradually expanded to include issues of film content, thanks to influences from various governmental, non-governmental and quasi-governmental organisations. Bertrand’s history of the early Australian censorship system shows an evolving group of separate state-based boards which eventually coalesced into a national censorship board that made decisions which, for the better part, were valid for the entire nation.
Bertrand’s work is invaluable for anyone who is interested in a deeper understanding of the evolution of Australia’s film censorship institutions, especially in their formative years. However, like Vnuk and Marr, Bertrand does not devote any attention to the issue of film aesthetics.
Furthermore, Bertrand’s book was published sixteen years before the current core classification legislation was enacted into law. Although it remains a valuable resource on the matter of
Australia’s film censorship history, it covers very different issues to the ones which underpin this thesis.
3 It is worth mentioning that in 2008 Salo’s RC rating was upheld by the Classification Board (Classification Database, Classification Website 2009). In 2010, however, the film was reclassified R18+ by the Classification Review Board (Classification Database, Classification Website 2010).
15 A more recent contribution to the academic field concerning the Australian classification system is The Porn Report (2008), written by Kath Albury, Catharine Lumby and Alan McKee. The culmination of a three year study, this book consists of both qualitative and quantitative analyses of
Australians’ general attitudes towards pornography. The findings of this study challenged many of the commonly-believed myths about consumers of pornography. For instance, the study found that women represent a far larger percentage of pornography consumers than is typically assumed (the book’s findings put the amount of female consumers at close to thirty percent of the market). It also found that consumers of pornography are well represented by virtually the whole range of the socio- economic spectrum in Australia.
Like Ina Bertrand’s work, however, The Porn Report focuses on a very different aspect of the field than will be addressed in this thesis. For instance, The Porn Report is far more concerned with films that fit comfortably within the current Australian X rating – live-action films that contain consensual sexual intercourse without violence, fetishes or assaultive language. The major goal of this book appears to be to influence policy regarding the availability of these types of films. As such, it is less concerned with film aesthetics than it is with providing feedback on the availability of pornography in Australia. Because of this, there are no case studies of contentious films in the book, nor is any attention given to animated films.
In addition to those writers cited above, Tina Kaufman has also contributed to the discussion of film censorship in Australia. In her Senses of Cinema essay ‘It Can Happen Again: Urgent
Inquiry Needed Into Censorship’ (2000), Kaufman argues that the then-called Office of Film and
Literature Classification required urgent investigation into the consistency and transparency of its ratings decisions. Kaufman cites the example of Catherine Breillat’s film Romance (1999) to indicate how some ratings decisions appear to be subject to political attitudes rather than the relevant legislation and supporting documentation. In the case of Romance, Kaufmann claims that the Classification Board held multiple votes for the classification rating of this film, which suggests
16 that standard procedure was foregone in favour of reaching a politically desirable solution.
Kaufman states that the film was originally supposed to receive an R18+ rating from the 14 member panel in a vote of eight to six. However, the panel was then extended by an additional three people, which resulted in a vote of nine to eight in favour of RC. Kaufman claims in her Senses of Cinema essay that at least one of these additional three voters may have been ineligible to vote as they were not a current member of the Classification Board (Kaufman, 2000).
Kaufman’s writings on the Australian classification system, not only in journal articles but also in popular press (most notably in Metro magazine), seek to illuminate readers about the need for accountability in the classification process. While this thesis is not directly concerned with accountability in the way that Kaufman’s works are, it nevertheless shares some methodological similarities. Kaufman’s Senses of Cinema article cites examples of contentious films and provides commentary on how the classification process has been applied when rating these films. This thesis attempts a similar style of inquiry. However, rather than assessing whether the current legislation and guidelines have been appropriately adhered to, this thesis identifies how the legislation, guidelines and practices of the Australian classification system produce outcomes for adult animated films that digress from the outcomes of live-action films with similar content.
It can thus be seen that there is an existing field of academic knowledge for the Australian classification system. However, this field has not dealt directly with the issue of adult animation to date. As such, this thesis will address a particular gap in knowledge. It will do this by comparing and contrasting the Guidelines’ aesthetic model of film to theories of film aesthetics. As suggested in the methodology section above, the texts that this thesis will most directly engage with are the documents that offer guidance, and are produced by, the Australian classification system. These documents include the legislation and supporting documentation that direct classifiers when rating films: namely, the Classification (Publications, Films and Computer Games) Act 1995, the National
Classification Code and the Guidelines for the Classification of Films and Computer Games. In
17 addition, this thesis will directly focus on the reports which the Classification Review Board creates to document their deliberations over particular films. These latter documents demonstrate which particular aspects of the legislation are considered by classifiers during the classification review process. The major benefit of these documents is that they show how the legal directions are applied to actual cases. This is instrumental to developing a theoretical framework which accurately relates to how films are classified by the Australian system.
This thesis will also focus on the works of film theorists in order to relate the policies and practices of the Australian classification system to academic film theory. The major theorists which contribute to this thesis’s understanding of the Australian classification system are Siegfried
Kracauer and Christian Metz. Analysis of the Australian classification system’s documents, especially the Guidelines for the Classification of Films and Computer Games, exposes a wealth of similarities between the values of film aesthetics that underpin the Guidelines and the theories of
Kracauer and Metz. In particular, Metz’s essay ‘On the Impression of Reality in the Cinema’ and
Kracauer’s book Theory of Film: The Redemption of Physical Reality share attitudes with the
Guidelines in how filmic images can ‘impact’ on viewers, to use the term found in the Guidelines.
The term ‘impact’, which refers to the capacity of a film or scene to emotionally or physiologically influence a viewer, has many similarities to the term ‘affect’. Affect is a concept which most students of film theory will be familiar with to some extent. One particularly illuminating exploration of affect can be found in the chapter ‘Affect and the Moving Image’ in
Noël Carroll’s book The Philosophy of Moving Images (2008). In this chapter, Carroll offers the following definition:
By “affect”, I am referring to felt bodily states – states that involve feelings or sensations. The compass of affect is broad, comprising among other things, hard-wired reflex reactions, like the startle response, sensations (including pleasure, pain, and sexual arousal), phobias, desires, various occurrent, feeling-toned mental states – such as fear, anger, and jealousy – and moods. Through various strategies and devices, motion pictures possess the capacity to kindle and even to inflame a number of these states (Carroll, 2008: p. 149).
18 The concept of affect is one of the major preoccupations of Film Studies. The theories that this thesis discusses, such as Kracauer’s Theory of film, Metz’s ‘On the Impression of Reality in the
Cinema’ and Tom Gunning’s work, all seek to explain the ways in which films are capable of affecting viewers. This comparison between affect (as employed by film theorists) and impact (as employed by the Australian classification system) forms a point of intersection between the two approaches to understanding the medium of film.
Despite the similarities between the two concepts, however, this thesis avoids claiming absolute similarity between affect and impact. As will be seen through analysis of the Guidelines for the Classification of Films and Computer Games, the term ‘impact’ is much narrower in scope than ‘affect’. Affect can refer to the full gamut of psychological responses to a film. Impact, by contrast, is only applicable to a small list of pre-determined elements (nudity, drug use, coarse language, sex, violence and ‘themes’). While it could be argued that these elements have been chosen as measures for classification because of their affective potential, the two terms are far from synonymous. They are, however, similar enough to be used as grounds for interpreting the practices of the Australian classification system from a Film Studies perspective.
A brief mention should be given to publications about film censorship in the United States.
Thanks to various social, political, technological and economic factors, the history of film censorship in the United States is especially complex and nuanced. This complexity can be seen in such books as Matthew Bernstein’s (ed.) Controlling Hollywood: Censorship and Regulation in the
Studio Era (2000), Francis G. Couvares’s (ed.) Movie Censorship and American Culture (2006) and
Steven Vaughn’s Freedom and Entertainment: Rating the Movies in an Age of New Media (2006).
These works depict a history of United States film censorship based on a complex interplay of commercial interests, the threat (and occasional action) of government intervention and the pressures of various social interest groups. These books, as well as the countless other academic works on United States film censorship, are invaluable resources for developing a sophisticated
19 understanding the relationship between films and the social context in which they are both created and consumed. However, as this thesis will focus on the Australian classification system, these works on United States film censorship are of little direct relevance. Despite the many similarities between the mainstream film cultures in Australia and the United States, the two nations take very different approaches to the regulation of commercial films. As will be shown in chapter two, the
Australian system is highly government-oriented. Classifiers are subject to statutory appointment and the ratings system is entrenched in federal law. Because of the very particular structure of film classification and censorship in Australia, this thesis will not focus on works about the United
States’ system.
This thesis has also been informed by the existing body of academic work on animation.
While animation has historically not received much attention from film theorists, over the past fifteen or so years this situation has changed somewhat. This can be seen especially in the work of
Paul Wells. In 1998, Wells released Understanding Animation, in which he proposed a theoretical conception of animation that distinguished between ‘orthodox’ and ‘experimental’ animation according to a number of opposing techniques. These included configuration versus abstraction, narrative form versus interpretive form, unity of style versus multiple styles and absence of the artist versus presence of the artist (Wells, 1998: p. 36). Since 1998, Wells has continued to release books on the subject of animation, covering issues such as history, audience reception and aesthetic theory. Wells has continued to produce original and engaging works on animation with Animation:
Genre and Authorship (2002) and Animation and America (2002).
In addition to the works written by Paul Wells, this thesis is also informed by the body of work developed by Alan Cholodenko. Cholodenko’s various essays, including ‘(The) Death (of) the
Animator’ (2007), ‘The Spectre in the Screen (2008)’ and ‘Animation (Theory) as the Poematic: A
Reply to the Cognitivists’(2009), Cholodenko also edited the collections of essays in The Illusion of
Life: Essays on Animation (1991) and The Illusion of Life II: More Essays on Animation (2007).
20 Both of these books were the result of academic conferences on animation, the original being one of the first of its kind in the world. These publications have been instrumental in bringing animation into the mainstream of Film Theory. While this thesis does not directly tackle the content of
Cholodenko’s work, it has nevertheless been inspired by it in countless subtle ways.
This thesis also shares some thematic similarities with Barbara Creed’s essay ‘The
Cyberstar’ in her book Media Matrix: Sexing the New Reality (2003). In this essay, Creed investigates the potentials and consequences of ‘synthespians’ – computer-generated characters that are virtually indistinguishable from live-action actors. Through citations of theorists such as Roland
Barthes, Sean Cubbitt, Laura Mulvey, Jean Baudrillard, Gilles Deleuze and Felix Guattari, Creed evaluates the likelihood of viewers being able to relate to synthespians as they would to real humans. Ultimately, Creed suggests that despite the challenges of relating to characters with no real-world referent, human viewers will be able to accept synthespians due to the psychoanalytic process of identification (p. 171). This issue of identification will be addressed later in this thesis through an assessment of Christian Metz’s psychoanalytic writings on the cinema.
This thesis also shares Creed’s interest in the capacity for animated images to affect, or impact on, spectators in similar ways to how live-action images would. However, Creed focuses on types of animation which attempt to emulate live-action actors (even if the attempts fall short of absolute verisimilitude). In contrast, this thesis will focus on content which can be easily and readily distinguished from live-action film through the use of simplified character design. That said, the characters in the films Bondage Mansion, Shino Sensei’s Classes in Seduction, Sin Kan and
Holy Virgins are designed to stand in for human characters, so there is certainly some theoretical overlap with Creed’s essay.
Considering that the films addressed in this thesis are all Japanese anime films, it will be useful to offer a brief description of anime. Anime is the Japanese word for animation. In the West,4
4 For the purposes of this thesis, the ‘West’ refers to the affluent, predominantly English-speaking nations of the world. The most prominent of these nations are the United Kingdom and the United States of America. However, the West also includes (but is not limited to) Canada, Australia and New Zealand.
21 the term ‘anime’ has come to be associated with animation that specifically comes from Japan.
Although there are no hard-and-fast conventions that distinguish anime from Western animation, certain styles prevail. These styles often include expressive faces with large eyes, simplistic animation and many symbolic expressions (such as nosebleeds to symbolise embarrassment, for example). As mentioned at the beginning of this introduction, the themes that anime address can be very diverse. While many anime are produced for children and young adults, just as many are designed for a more mature audience. Some, like the animated films that will be addressed in this thesis, are made exclusively for adults.
Anime has attracted considerable attention from Western media theorists over the past decade and a half. Susan J. Napier’s 2001 book Anime: From Akira to Princess Mononoke is a noteworthy introduction to anime for Western academics and other interested readers. It was updated in 2005 and renamed Anime: From Akira to Howl’s Moving Castle. Patrick Drazen’s book
Anime Explosion!: The What, Why and Wow! Of Japanese Animation, published in 2003, attempts to explain the many conventions and styles of anime to an as-yet uninitiated Western audience.
Robin E. Brenner’s 2007 book Understanding Manga and Anime shows how Japanese comics and animation continue to impact on Western markets, although the book focuses more on comics than anime. In addition to these books, there are many more that have sought to address the increased presence of Japanese anime in Western markets.
There is a very good reason for this spate of Westerner-authored books that have sought to explain anime. This is because anime is received differently in the West than it is in Japan.
Obviously, there is a difference in the audience. Although Western anime audiences have expanded considerably over the past decade, it is still a niche market. Also, because part of the appeal of anime to Western audiences lies in its status as an alternative to Western animation, this means that it may be approached with a sense of exoticism or esoteric interest. This inevitably changes the dynamic of the anime text for non-Japanese audiences.
22 Because the dynamic for understanding anime is so different for Western audiences, these books all seek to explain the new dynamic on different fronts. For example, Susan Napier (2005) focuses largely on the major themes and genres to be found in anime. Patrick Drazen (2003) splits his focus between prominent common themes of anime and studies of iconic anime films and series.
Robert E. Brenner (2007) further explores the technical aspects of manga and anime. In a sense, this thesis continues in this tradition of interpreting anime for a Western audience. As has already been mentioned, it is an important issue to address because it has shown to be a difficult issue for the
Australian classification system. However, it is also important to address because it helps to show another aspect of how anime is received by Western audiences.
That being said, this thesis will not overtly meditate on the Western cultural interpretation of
Japanese media. There are two reasons for this. First, there is already a developing corpus of academic literature that focuses on it. Second, brevity requires a smaller scope of interest. In regard to the first point, it should be noted that the developing corpus is mostly concerned with U.S. receptions of anime. For the better part, U.S. and Australian receptions of anime are culturally similar. One element of reception that does differ, however, is in the processes of classification and censorship. As already mentioned, the Australian classification system is markedly different to the system in place in the United States. This further reinforces the value in focusing on the classification of anime in Australia.
However, the major purpose of this thesis is to focus on the classification of animation in general. Over the past decade, Western animation has been greatly influenced by Japanese anime.
This has resulted in Western animated films and series which not only visually resemble their
Japanese counterparts, but also share their scope for telling stories which are more appropriate for adult audiences.5 It is likely that these types of films will become more common and mainstream in
5 An example of this is the 2008 animated film Dead Space, which was developed as a tie-in for an Electronic Arts computer game of the same name. This science-fiction film follows the activities of an interstellar mining fleet who encounter alien technology which causes the crew to turn against each other. The film’s graphic violence, combined with its complex storyline and considerable violence, shows more similarity with Japanese anime than with conventional Western animation.
23 the future. As such, it is also likely that the distinction between Japanese anime and Western animation will become less and less significant. In anticipation of that outcome, this thesis will focus on the films in question as animated films rather than anime films.
Chapter Outline
As already stated, this thesis will focus on how the Australian classification system applies its aesthetic model (as outlined in the Guidelines for the Classification of Films and Computer Games) to classifying adult animated films. This is important because it helps to determine which films
Australians are legally allowed to purchase or view in a public setting. This thesis will undertake case studies of three of the four anime films assessed by the Classification Review Board in 2008. It will then provide a general overview of the Australian classification system, focusing on the legislation and supporting documents that direct the Classification Board and Classification Review
Board. The thesis will then analyse the aesthetic model found in the Guidelines for the
Classification of Films and Computer Games. This analysis will compare and contrast the
Guidelines model to classic and contemporary academic theories about film aesthetics in order to outline problems and suggest possible alternatives.
The first chapter will examine the Classification Review Board’s reviews of the anime films
Bondage Mansion, Sin Kan and Holy Virgins. The main assertion behind this chapter is that these films have challenged the Australian classification system’s capacity to respond decisively to adult animated films. In all three cases, the Classification Review Board noted in their reports that the animated nature of the films was an influencing factor in regard to the ratings the films received.
However, the Classification Review Board still acknowledged the potential for these films to shock, offend or otherwise negatively affect some viewers. This acknowledgement is best indicated by the fact that Holy Virgins was refused classification on review, despite acknowledgement by the Review
24 Board that its impact was lessened by the film’s animated nature.
The second chapter will provide an overview of the Australian classification system as it currently stands. However, this chapter will also present an argument for recognising the Australian
Classification Board and Classification Review Board as censoring institutions. Through their official publications, press releases and ministerial statements, the Classification Board and
Classification Review Board are occasionally presented as purely advisory institutions, which aim only to provide Australians with helpful information on films they may wish to see. However, this is at best an incomplete, and at worst inaccurate, depiction of the boards’ roles. The Classification
Board and Classification Review Board are involved in a larger system which knowingly imposes restrictions on the availability of films, whether they are shown in cinemas or sold on VHS videotape, DVD, Blu-Ray or any other format. In some cases (such as the case of the anime Holy
Virgins), these films are denied any form of commercial availability. These restrictions are clearly outlined in the Classification (Publications, Films and Computer Games) Act 1995, the Guidelines for the Classification of Films and Computer Games and the National Classification Code. As such, it is reasonable to deduce that the members of the Classification Board and Classification Review
Board are knowingly involved in a process of film censorship. This will be further reinforced through a comprehensive description of the essential aspects of the classification process.
The third chapter will focus on the Guidelines for the Classification of Films and Computer
Games. The specific focus will be on the Guidelines’ ‘Assessing Impact’ section. In this section, the
Guidelines present a series of examples of aesthetic techniques that may increase the impact of a film or scene. This thesis will argue that these examples constitute a model of the aesthetics of film.
For the purposes of this thesis, ‘model’ refers to a theory for understanding how film is capable of affecting and influencing people, based on the medium’s fundamental properties.
Throughout the history of Film Studies, there have been many different models of film which have sought to explain how people are able to comprehend the medium. The implicit model
25 of the Australian classification system appears to be highly consistent with the model presented by
Christian Metz in his essay ‘On the Impression of Reality in the Cinema’. This model consolidates the potential for photorealism in film with the potential for heightened affect through stylistic techniques. This approach acknowledges that animated films can and do impact (emotionally and psychologically) on spectators, while still recognising that live-action film holds a privileged position in this respect. This thesis will show how each of the examples given in the Guidelines for the Classification of Films and Computer Games correspond to Metz’s ‘Impression of Reality’ model.
The Guidelines model is also partly consistent with the model for understanding film that
Siegfried Kracauer identifies in his book Theory of Film: The Redemption of Physical Reality. In this book, Kracauer seeks to establish the fundamental qualities of the medium. From this point, he then proposes different ways in which filmmakers can best utilise the medium through content and aesthetic techniques. In short, Kracauer’s theory posits that film’s most basic quality is its ability to record physical reality, and that the best films are ones that seek to exploit this quality. The benefits and the limitations of Kracauer’s theory correspond very closely to the benefits and limitations of the Guidelines model. When considered alongside Metz’s ‘Impression of Reality’ theory, these theories offer a useful way of evaluating the Guidelines model from a Film Studies perspective.
It should be noted, however, that this approach involves utilising theories of film in a different manner than is usually done within the discipline of Film Studies. Generally, film theorists are interested in identifying characteristics which help to illuminate the potentials and capacities of the medium.6 Rarely will they decry films or insist that they should be denied distribution (except 6 Famous examples may include Siegfried Kracauer’s Theory of Film: The Redemption of Physical Reality (1960), where Kracauer argues that the power of the filmic medium lies in its mimetic and formal capacity to produce works that possess a noticeable relationship to pro filmic reality. The English translated works of Andre Bazin (1967 and 1971) identified various properties of the medium, but most notably on the photographic qualities of the medium. Gilles Delueze’s Cinema books (1986 and 1989) identified film’s relationship to various understandings of time, and how these various understandings have manifested in different applications of the medium. Various other examples exist, some of which will be mentioned in this thesis. Not all theories about film seek to simply demonstrate the characteristics of the medium. Some theories, such as many feminist film theories, seek to indicate how the medium has been used in conjunction with cultural or psychological forces to produce works which, for instance, perpetuate entrenched patriarchal power structures. One of the most famous such theories was presented by Laura Mulvey in her essay ‘Visual Pleasure and Narrative
26 for cases where theorists argue that they are bad examples of the medium). However, this denial is one of the major purposes of the Guidelines model. While the Australian classification system attempts to operate as an advisory system, it will be seen that it also restricts or denies distribution to many films. As such, the Guidelines model has a sort of inverse purpose to most theories of film.
When subjected to the Australian classification process, the films with the highest impact in terms of both form and content are often the ones that are denied distribution. While this is only the case for those films which have questionable content (e.g. sex, violence, drug use, nudity, etc.), the
Australian classification system’s propensity for censoring films is a very different attitude to that which Film Studies tends to adopt. This does not invalidate the Film Studies analysis, however. The film theories that will be cited and the Guidelines model do not differ in structure, only in consequence.
Ultimately, this thesis will demonstrate that the aesthetic model outlined in the Guidelines for the Classification of Films and Computer Games leads classifiers to rate animated films in a way that is inconsistent with the approach taken to classify live-action films. By focusing heavily on the formal characteristics of films, the Australian classification system reduces the influence of content on the classification process to the point that such inconsistencies can occur. This is not to suggest that the Australian classification system should make the ratings of animated films stricter, nor is it to suggest that live-action film ratings should be relaxed. However, if the Australian classification system wishes to ensure consistency through its ratings, an alternative approach to evaluating films should be considered.
This thesis will suggest an alternative approach to the Guidelines aesthetic model: an approach that focuses on the psychoanalytic notion of identification. An identification-based approach, which will focus on how depictions affect spectators rather than how they adhere to pre- ordained aesthetic principles, would allow classifiers to rate animated and live-action films more
Cinema’ (1975). However, it should be noted that Mulvey did not consider the perpetuation of entrenched patriarchal power structures to be an inherent characteristic of the medium, merely that popular narrative film- making practices tend to reinforce such power structures.
27 consistently. Although it would require classifiers to make value judgements on behalf of all
‘reasonable Australians’, this is already required of the classifiers under the current system. Such an approach would reduce the classifiers’ reliance on aesthetic generalisations and allow them to tailor ratings decisions to individual films more effectively.
The reader should also take note of the appendix to this thesis, which transcribes a portion of the Guidelines for the Classification of Films and Computer Games. This transcription details the various classification ratings the classification boards can impose on films. An understanding of these ratings is necessary for understanding the issues that classifiers face when determining the appropriate rating for films.
28 CHAPTER ONE:
Case Studies of Anime Films
In August 2008, the Australian Classification Review Board reviewed a batch of four animated film
DVDs: Bondage Mansion (2000), Holy Virgins (2001), Shino Sensei’s Classes in Seduction (2004) and Sin Kan (AKA T&A Teacher) (2004). The purpose of these reviews was to establish whether the
Classification Board’s original ratings were appropriate, or whether the ratings needed to be changed. Bondage Mansion, Shino Sensei’s Classes in Seduction and Sin Kan retained their original rating of R18+. Holy Virgins, however, had its rating changed from R18+ to RC (refused classification). Because of this rating, the film cannot be legally distributed or publicly shown in
Australia.
The following chapter consists of case studies for three of the four original animation video
(OAV) series.7 This chapter includes only three case studies rather than four because two of the
OAVs (Shino Sensei and Sin Kan) are so similar in content and issues that conducting case studies for both would involve needless repetition. The classification cases that have been analysed are
Bondage Mansion, Sin Kan and Holy Virgins. Each of these three cases involves a slightly different issue for the Australian classification system and hence they all deserve attention.
The main sources for these case studies are the films themselves and the reports published by the Classification Review Board. The Review Board publishes detailed reports of all publications, films and computer games that they assess. These reports, which are typically five to seven pages long, include a synopsis of the publication/film/game, a list of the classifiable elements and their perceived severity, and concluding remarks (including any dissenting minority views that reviewers voiced). As such, these case studies will consist of analyses of the Classification Review
7 The term ‘original animation video’ refers to series of animation that are released directly to video or DVD (although sometimes the term ‘original animation DVD’ is used). This term refers to animated films or series which are released straight to video or DVD rather than being initially shown in cinemas or broadcast on television. OAVs (also sometimes called OVAs) are often titles which the distributors suspect may only appeal to a niche audience (Brenner, 2007: p. 29 and Poitras, 2008: p. 54).
29 Board reports as well as synopses of the films and any contextualising comments and anecdotes that could be considered helpful in developing a deeper understanding of the issues at hand.
The purpose of these case studies is to identify how these films, as animated films, have challenged the practices and policies of the Australian classification system. Because they are animated, these films have all been treated differently by the classifiers than they would have if they had been live-action. However, the films were still held to some level of scrutiny. This is evidenced by the fact that all of the films in question have been restricted from availability to some portions of the Australian population. Furthermore, it appears that the distributors of the films were aware of the potential for the films to receive ‘Refused Classification’ ratings. This is evident by instances where the films’ Australian releases had dialogue altered before submission for classification.
This chapter will analyse how classifiers understand the relationship between the films’ content and their aesthetic properties and demonstrate how such understanding impacts on the decision making process. Such analysis serves as background for later chapters, when the thesis focuses on the Australian classification system’s policies and the theoretical underpinnings of those policies.
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Before presenting these case studies, a couple of issue should be addressed. Considering that the films analysed in this chapter are all examples of Japanese anime, it will be prudent to expand on the definition of anime offered in the introduction to this thesis. As already mentioned, anime is the
Japanese word for animation. It is a loanword from the English ‘animation’, originating as anime- shon in the years following World War II (Hu, 2010: p. 104). By the 1970s the term was regularly being shortened to anime (ibid). In Japan, the term does not specifically refer to Japanese cultural products, but applies to animation from anywhere in the world. As such, this thesis specifies that the
30 films under discussion are ‘Japanese anime’ rather than just ‘anime’.
However, when applied in an English-speaking context, the term anime takes on certain connotations. Often it can indicate a particular aesthetic style which contrasts with the traditional
Western animation of the likes of Warner Brothers, Disney or Hanna-Barbera.
Fig. 1: Examples of Japanese anime. Clockwise from top left: FlCl (original animation video, 2001); Cowboy Bebop: The Movie (2001);
Revolutionary Girl Utena: The Movie (1997); Dragon Ball Z (TV series, 1989-2003)
31 Figure 2: Examples of traditional Western animation. Clockwise from top left: Bugs Bunny and Daffy Duck in Show Biz Bugs (1957); Mickey Mouse;
The Flintstones (TV Series, 1957-1966); Aladdin (1992)
While it is quite apparent that Japanese anime can often be distinguished from traditional Western animation, it is very difficult to identify any hard-and-fast differences which could apply in every case. This difficulty in distinction is becoming more apparent as Western animators develop films and series that are heavily inspired by Japanese anime. Recent examples of Western animation films or series that have a stylistic debt to Japanese anime include the Dead Space movies8 and the television series Avatar: The Last Airbender (2005-2008).
One important aspect of many Japanese anime (insofar as this thesis is concerned) pertains to content. Many commentators have noted that anime (as a body of works) can be distinguished from Western animation by its diversity of content.9 Japanese anime films can inhabit every generic 8 The films Dead Space: Downfall (2008) and Dead Space: Aftermath (2011) were based on the Dead Space series of computer games produced by Electronic Arts. 9 See Napier (2005, p. 6), Corliss, Habrison and Ressner (1999), Poitras (2008) and Bryce, Barber, Kelly, Kunwa and
32 niche of the cultural landscape, from saccharine children’s shows to psychological thrillers to violent pornography. Although Western animation has started to cater to more adult sensibilities over the past two decades,10 it still cannot match the Japanese output for range of content. For instance, a large portion of Japanese anime consists of material which contains depictions of human sexual intercourse. Typically, this type of content is referred to as ‘hentai’. While there is an increasing number of Western pornographic animated films being released each year, these works do not possess the ubiquity and market saturation of Japanese hentai.11
While hentai is a Japanese word and it refers to Japanese films, the use of the word to refer to such films appears to be a Western invention.12 In Japan, typically, the term refers to the sexual nature of a person. Likewise, the term echi or etchi (the Japanese pronunciation of the English letter
‘h’), which is also sometimes used by Westerners to refer to the film genre, also holds slightly different meanings in Japan. Whereas Westerners often use the term to refer to sex (or animated films that depict sex), in Japan it tends to refer to sex and sexuality that deviates from ‘normal’, non-fetishistic sexual activity (McLelland 2006).
The hentai OAVs considered in this chapter all contain graphic depictions of sexual activity.
Australia has provisions for classifying films that contain such content; namely, the X18+ rating.
However, all of these OAVs also include content that makes a straightforward application of the X
Plumb (2010). 10 Examples include The Simpsons, Family Guy, South Park, American Dad and Aaargh! It’s The Mr. Hell Show! All of these animated series include content which targets adult audiences, such as sexual entendres, political critiques and topics which are generally not considered suitable for young children. However, there is little Western animation which can match the most violent or sexual Japanese products for graphic depiction. One of the most noteworthy examples of Western depictions of animated violence is the aforementioned Deep Space series, which is, as also mentioned before, produced to resemble a Japanese anime aesthetic. 11 It is difficult to establish how many contemporary western pornographic films are released annually, as such films tend to be produced outside of mainstream film industries. Japanese pornographic animated films, by contrast, are much more likely to be produced by specialty arms of popular anime studios (Patten 2004: p.110). However, product availability through outlets such as online video stores tends to demonstrate a strong weighting towards hentai. For instance, the animated films section of the popular Australian adult film website Adult DVDs [http://www.adultvids.com.au] sells eleven animated adult film titles, of which all but three are either Japanese anime or produced to resemble a Japanese anime style [site accessed 17/08/2010]. The remaining three films were Western animation. The proportion of Japanese to Western pornographic films on the Adult DVDs website appears to be representative of the general market availability of both types of animated pornography. 12 Hentai is a shortening of Hentai seiyoku, where hentai loosely translates to ‘abnormality’ and seiyoku refers to sexual desire. The term was translated into Japanese from German sexological writings such as Richard von Kraft- Ebbing’s Psychopathia Sexualis (1886). See McLelland 2006.
33 rating inappropriate. Bondage Mansion involves depictions of sexual fetishes that cannot be shown within an X18+ rated film. Sin Kan depicts sexual activity within a teacher-student relationship, which also cannot be shown in an X18+ rated film. Holy Virgins shows characters being duped into sexual activity, including a character that the majority of the Classification Review Board believed was less than eighteen years of age.
This complication of the classification of hentai alludes to the issue at the heart of this thesis’s inquiry; the extent to which the Australian classification system treats ‘stylised’ animated films differently to their live-action counterparts.13 This inquiry is important because it helps to establish the conditions under which certain films may or may not be publicly distributed in
Australia. Through its various legal apparatuses, the Australian classification system claims that adults should only be denied access to materials in very exceptional circumstances.14 As such, it is appropriate to scrutinise instances of films which have caused the Australian classification system to refuse classification.
Bondage Mansion
Bondage Mansion is a 2-part Japanese OAV, produced by Digital Works in 2000 as part of their
‘Vanilla’ brand series of adult anime films. It was originally submitted for classification to the
Australian Classification Board in April 2008. At this time, it received a rating of R18+ with the consumer advice tag of “high level animated sex scenes and themes.” In August 2008 Bondage
Mansion was reviewed by the Classification Review Board. At this review, the Review Board upheld the Classification Board’s decision to rate the film R18+. The consumer advice tag also remained unchanged.
13 As will be discussed in following chapters, the term ‘stylised’ is used in the Guidelines for the Classification of Films and Computer Games to distinguish non-photorealistic animated films from ‘realistic’ films, which can be live-action or photorealistic animation. 14 See chapter 2.
34 Synopsis of Bondage Mansion
The film follows the story of a young couple who live in an old castle. The young man, Yukio, inherited the castle from his deceased father, as well as inheriting a considerable fortune. The young woman, Reika, is Yukio’s cousin. Yukio’s father, on his death bed, confessed to his son that he also has a male cousin. The father told Yukio he must find his cousin and invite him to live with them in the castle.
The male cousin, Hayato, visits the castle. However, he is not interested in cohabiting with
Yukio and Reika. Rather, he tells Yukio that he and Reika can either vacate the premises, or he can enter into a competition with Hayato for sole right to the castle. As a way of motivating Yukio,
Hayato threatens to publicly disclose certain sexual indiscretions committed by Yukio’s father if he does not participate.
The competition that Hayato proposes is a ‘woman-breaking contest’, where both male cousins attempt to persuade a woman to choose either Yukio or Hayato based on the men’s ability to sexually satisfy her. It is revealed that a similar contest was undertaken by Yukio’s and Hayato’s fathers, with Yukio’s father proving victorious. Hayato proposes Reika as a candidate. Reika agrees to be the test and trophy, and Yukio reluctantly accepts the challenge. Yukio believes Reika is appropriate because they already love each other and share a close bond. Hayato believes she is appropriate because he resents Yukio and wants to add insult to injury by taking both his house and his love.
Over the next two months Reika is subjected to the sexual advances of both men. While
Yukio initially takes a gentle approach, Hayato forces Reika into various bondage-and-discipline related situations and positions. During their first encounter, Hayato assures Reika that while she may be averse to this kind of treatment she will quickly come to enjoy it, and even need it to
35 achieve sexual satisfaction. This is exactly what happens to Reika as the story unfolds. In order for
Yukio to stand a chance of ‘winning’ Reika, he also adopts aggressive lovemaking techniques.
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This film is particularly challenging for the Australian classification system for several reasons.
Bondage Mansion shows certain sexual activities that are specifically outlined in the Guidelines as being prohibited in films that are rated X18+. These activities include “the application of substances such as candle wax” and “‘golden showers’” (the Guidelines, p. 12). This latter term refers to the eroticised depiction of urinating. The Classification Review Board also identifies several other depictions of activities in Bondage Mansion that would not be allowed in an X18+ film.
The Classification Review Board also addresses the issue of sexualised violence in Bondage
Mansion. The Guidelines for the Classification of Films and Computer Games include the following statements regarding sexualised violence and coercion for X18+ films:
No depiction of violence, sexual violence, sexualised violence or coercion is allowed in the category. It does not allow sexually assaultive language. Nor does it allow consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers (p. 12).
The Australian release of Bondage Mansion attempts to avoid the issues of sexual coercion found in the original Japanese release. In the original release, the female character Reika does not consent to the competition. Rather, she needs to be convinced by Yukio before she will consent. Furthermore, the sexual scenes in the first episode between Reika and Hayato clearly depict Reika as an unwilling participant. This is indicated by body language, as Reika is shown reeling away from Hayato and his cronies (who he orders to have sex with Reika). Reika’s lack of consent is also indicated by the verbal language she uses, as well as the shrieking which can be heard in the original Japanese dialogue. In the Australian release, however, the English translations depict Reika enthusiastically agreeing to the sex competition, and openly inviting Hayato and his friends to have their way with her. So, although the Japanese original contains very explicit instances of sexual coercion, the
Australian release attempted to remove verbal suggestions of such activity. As such, the Australian
36 Classification Review Board did not recognise sexual coercion as a classifiable element in their assessment of Bondage Mansion.
Although the Australian release manages to circumvent the issue of sexual coercion, the issues of proscribed fetishes and sexual violence are still evident. The Guidelines for the
Classification of Films and Computer Games clearly state that the activities mentioned above
(certain fetishes and sexual violence) cannot be depicted in an X18+ film (The Guidelines, p. 12).
This helps to explain why the Classification Review Board upheld the R18+ rating, as an X18+ rating would have to be upgraded by default to a Refused Classification rating. However, the R18+ classification for Bondage Mansion is potentially objectionable. Not only is it disputable whether
Bondage Mansion can be accommodated by the R18+ rating, but it is also disputable whether it can be accommodated within any rating except Refused Classification. The next few paragraphs will identify the major issues with Bondage Mansion having been given a rating other than Refused
Classification.
The first issue relates to the requirements of the R18+ classification and the rating’s capacity to accommodate sexual violence. Although the R18+ rating has a more relaxed standard than X18+ regarding sexual violence, it is still unclear whether Bondage Mansion meets the necessary conditions. In regard to sexual violence and the R18+ category, the Guidelines for the Classification of Films and Computer Games reads “Sexual violence may be implied, if justified by context” (the
Guidelines: p. 11). In Bondage Mansion, there is considerably more than a mere implication of sexual violence. In the review of Bondage Mansion, the Classification Review Board notes that both episodes of the film contain sexualised violence (Classification Review Board, 2008a: p. 4).
Under the Guidelines for the Classification of Films and Computer Games, it is difficult to justify the sexual violence in this film. If the sexual violence needs to be justified by context, one could argue that Bondage Mansion does not meet this requirement. The entire plot line of the film is based on the contest, which operates as an excuse for showing fetishistic and violent sexual activity. The
37 plot of the film is very weak and highly unlikely to ever occur in real life.15 Rather than the sexual violence being justified by the context of the film, the film’s story appears to be merely a vehicle for the sexual violence.
Another major issue with the R18+ classification of Bondage Mansion is the inclusion of gratuitous images of ‘actual’ sexual activity, including non-violent sexual activity. This is a difficult issue to tackle, because the images obviously include gratuitous sexual activity, but they are treated differently to live-action images because they are drawn and animated. According to The
Guidelines for Classifying Films and Computer Games, the conditions for sexual activity in R18+ films are such that it “may be realistically simulated. The general rule is ‘simulation, yes – the real thing, no.’” At least one film released in the past decade has been allowed an R18+ rating despite the inclusion of scenes of actual, visually confirmed, sexual intercourse.16 However, the
Classification Review Board’s report of this film states that the sexual images were restrained in composition, justified by context and of a sufficiently high artistic merit that they could be accommodated by the R18+ rating. In the case of Bondage Mansion, however, no such justifications could be sensibly made.
From all available information, it appears that the position taken by the Classification
Review Board is consistent with the position taken by the Classification Board during the original rating decision. This consistent position explains why the Review Board kept the same rating as the
Classification Board (R18+), as well as keeping the same consumer information tag. This attitude, however, does not appear to have been shared by the Australian Family Association (AFA). AFA members Angela Conway and Damien Tudehope offered a submission for Bondage Mansion at the
15 The Classification Review Board noted in the review of Bondage Mansion that the impact of the film was reduced by its “very unrealistic plot line” (Classification Review Board, 2008a: p. 5). Similar observations have also been made by reviewers writing for the anime news network (online). http://www.animenewsnetwork.com.au/review/bondage-mansion [last accessed 01/08/2011] 16 9 Songs. (2004) dir. Mike Winterbottom. This film was rated R18+ by the Classification Board. Although the Australian Family Association appealed against this decision, the R18+ rating was confirmed by the Classification Review Board in January 2005. Other films that appear to contain confirming images of sexual activity that have been awarded an R18+ rating in Australia include Romance (1999, dir. Catherine Breillat), Anatomie de L’enfer (2004, dir. Catherine Breillat) and briefly in Irreversible (2002, dir. Gaspar Noé).
38 film’s classification review (Classification Review Board, 2008a: p. 1). Their position was that
Bondage Mansion was too high in impact to be made commercially available as an R18+ film.
Since the film could not be accommodated by an X18+ rating (as explained above), it is reasonable to assume that the AFA’s position was that the film should be Refused Classification.17
Since the R18+ rating prohibits purchase and viewing of the film by children under the age of 18 the AFA must believe, by virtue of their opposition to the R18+ rating, that adults should not be allowed to view the film. This must either be due to the AFA’s lack of faith in the system’s ability to limit children’s access to this film, or that Bondage Mansion is unsuitable for adults. Their push to have the classification rating of Bondage Mansion increased (keeping in mind that the only possible alternative rating for the film is Refused Classification) strongly suggests that the AFA’s position is that animated depictions of sexual activity should be held to the same level (or at least a very similar level) of scrutiny as live-action depictions.18
Ultimately, however, the decision-making institutions of the Australian Classification system
– The Classification Board and the Classification Review Board – held an alternative perspective.
The Australian classification system’s understanding of the medium implies that live-action cinema has a special relationship to the material world, one that an obviously synthetic image cannot have.
In live action film, the objects that are shown are, in one way or another, real. The people whose actions and voices are recorded are real people. Even if the film is a narrative film starring fictitious characters, the actors and actresses playing those characters are real. As will be demonstrated in chapters 2 and 3, the Guidelines for the Classification of Films and Computer Games shares this realist approach to understanding how film can impact on spectators. The Classification Review
Board’s review of Bondage Mansion suggests that this aspect of the Australian classification
17 In an article written for the Australian Family Association’s news journal, Angela Conway states that the AFA’s opinion of the films in question is that they should be rated X or RC. However, Conway recognises that Australia’s X rating is restrictive compared to other nations, and that issues of uncertain sexual consent (such as those found in Bondage Mansion, as well as the other films) are not permitted within Australia’s X rating (Conway, 2008: p. 4). 18 This point is addressed by Conway in the AFA journal article regarding these animated films: “This experience (of attending the classification reviews of these films) highlights some gaps in our current classification system. This review enabled us to argue strongly against any notion that animation of itself was sufficient to allow a film to be classified R rather than X or RC” (Conway, 2008: p. 5)
39 system’s policy has been applied in this case.
However, it appears that other aspects of the classification policy have not been applied as diligently as the distinction between live-action and animated film. The Guidelines for the
Classification of Films and Computer Games recognise that various formal techniques can theoretically increase the impact of a film or scene. Among these are included techniques such as greater detail, close-ups and frequent repetition of impactful elements (such as sex, violence and drug use). Bondage Mansion incorporates many of these accentuation techniques in order to emphasise the depicted sexual activity. Both episodes of the OAV contain many close-up shots of genitalia and sexual intercourse. The viewing angles of these shots are designed to allow maximum visibility for spectators, and such shots are often depicted for extended periods, or several times in a sequence. However, these accentuation techniques are not addressed by the Classification Review
Board in their review of Bondage Mansion. It appears that these factors are considered less consequential due to the animated nature of the film.
Sin Kan/“T&A Teacher”
Sin Kan is a Japanese Original Animation Video that was released in 2004. Only one half-hour episode was released.19 The OAV was released in Australia under the English title “T&A Teacher”.
Originally rated R18+ by the Australian Classification Board, it was also rated R18+ on review by the Classification Review Board in 2008.
Synopsis of Sin Kan
Sin Kan follows a female protagonist, Yuuki Ayaka. According to the English language subtitles,
19 Due to the suspenseful ending, it appears that the producers of Sin Kan intended to make at least one more episode. However, no subsequent episodes have been made.
40 Ayaka is a young professor at a scholastic academy. She is well-respected by her contemporaries, as is evident by an early scene where she counsels a fellow young female professor about a difficult student. She also coaches the school’s karate club, which has become very popular since she took the position.
Despite this popularity, Ayaka is chastised by the headmaster, her father, for her
‘unconventional methods’. These ‘methods’ include wearing revealing clothes that emphasise her voluptuous physique. Her dress sense attracts the attention of at least one uncouth student named
Togawa who touches Ayaka inappropriately. Drawing on her martial arts skills, she breaks the nose of the student with a well-executed kick. This combination of sexual allure and violent punishment is, not surprisingly, frowned upon by senior staff.
The episode includes a specific instance which further indicates the unconventionality of
Ayaka’s teaching methods. In a scene depicting a session of the karate club, Ayaka assists a young male student in honing his front-on fighting stance. Noticing that the young man is sexually aroused, Ayaka stimulates the student through his pants with her hand until orgasm.
Later in the episode, Ayaka is alone in the female’s shower block, masturbating. The subtitled translation of her voice-over indicates she is surprised that her sexual appetite has overcome her at this time. She cannot explain to herself why she is taking such a risk in a school shower block, where anyone could walk in on her. At this exposed moment, Togawa (the student that she kicked) comes into the locker room and has sexual intercourse with Ayaka.
Once the young man has finished, Ayaka is overcome with rage. She jumps into the air and performs a fly kick on the student’s head, hitting a “vital point”. Ayaka immediately realises that the young man may be very seriously injured and she starts to panic. At this point, one of the male teachers, Professor Kitano, rushes into the shower block and assists Ayaka and the student.
Throughout the episode, Professor Kitano appears to take a particular interest in Ayaka. In a couple of scenes during the episode Kitano is shown spying on Ayaka. After her sexual encounter with
41 Togawa, Ayaka exclaims in a voice-over that she does not understand how either Togawa or
Professor Kitano happened to find her. She cannot explain to herself why either of them would be in the female shower block. Although Kitano is always friendly and helpful to Ayaka, certain shots throughout the episode make it clear to an audience member that he has unspoken sinister intentions that involve her in some way.
Ayaka feels guilty about injuring Togawa, so she visits him in hospital. While there, Ayaka and Togawa engage in sex once again. Later, Ayaka is confronted by several senior members of the karate club, led by Togawa’s brother. Togawa’s brother confronts Ayaka about her relations with
Togawa. The episode ends with the members of the karate team grabbing Ayaka’s arms and legs.
The context makes it clear that the young men are preparing to have sex with her.
Like with Bondage Mansion, Sin Kan has had its dialogue altered in order to meet the standards of the Australian classification system. In the original Japanese release, the character
Togawa forces himself upon Ayaka during their encounter in the school’s shower room. The amended English dialogue reconfigures the encounter as consensual. Furthermore, when Ayaka visits Togawa in hospital, he blackmails her into having sex with her. The original dialogue also clearly indicates that the karate club are preparing to rape Ayaka in the final scene of the episode.
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Sin Kan was reviewed by the Australian Classification Review Board on the 30th of July, 2008. Six members of the Review Board were present. In addition to the board members, two delegates from the Australian Family Association, Ms Angela Conway and Mr Damien Tudehope, were present. Mr
Stephen Blanks and Dr Brent Waters were also present as representatives of the NSW Council for
Civil Liberties. These four people all made verbal submissions to the Review Board as to how they believed Sin Kan should be classified. No written submissions were made.
42 The Classification Review Board identifies several issues with the film that influenced the classification rating. The Review Board notes that the film contains violence (as well as sexualised violence), “detailed and graphic depictions of sexual activity”, nudity and “the theme of abuse of positional power” (Classification Review Board, 2008b: p. 4).
The Classification Review Board offers their own brief synopsis of the film, which was published in the report of their review for this film. Their synopsis reads as follows:
A teacher, who is proficient in martial arts, expresses bewilderment by her almost uncontrollable sexual urges that result in her masturbating on school premises, digitally stimulating a male student’s penis through his clothes during his martial arts class and engaging in sexual activity with another student.
The teacher also strikes out impulsively injuring a student following his sexual harassment of another teacher and injures a further student following a consensual sexual experience. This student is hospitalised and she visits him in hospital and engages in sexual activity with him while he is wearing a neck brace. (2008b: p. 3)
It is noteworthy that the Review Board synopsis describes the academy as a ‘school’ because the
English subtitles do not refer to the institution as a school. Also, the subtitles refer to Ayaka and her contemporaries as ‘professors’, not as teachers. It is obvious that the institution is a school however, as the students are depicted wearing traditional Japanese school uniforms. Some of the students are shown as being considerably smaller than Ayaka, who is by no means tall. This includes the boy that she brings to climax by fondling him through the fabric of his Karate pants.
This translation of ‘school’ as ‘academy’ and ‘teacher’ as ‘professor’ is quite common with adult anime for the English-speaking market. Similar translations were used in Shino Sensei’s
Classes in Seduction; the other film that the Classification Review board reviewed at the same time as the films currently being addressed. The word ‘sensei’ can be translated as either teacher or professor. The word ‘professor’ has certain benefits over ‘teacher’ when translating for a nation that is not particularly accepting of depictions of sex between a teacher and an underage student.
Obviously, the English word ‘professor’ is normally reserved for educators at universities and
43 colleges, where it can be taken for granted that the majority of students will be over the age of sexual consent. Likewise, it can be taken for granted that university students are most probably over eighteen, that being the requisite age for the Australian classification system for persons explicitly depicted as having sex in a film. Considering the uniforms of the students, it is clear that the institution is a high school, most probably a senior high school for students between the approximate ages of fifteen and eighteen. Even if one was to give the benefit of doubt that the young persons in Sin Kan were all over the Australian age of sexual consent,20 it cannot be taken for granted that the young persons are over the age of eighteen.
Considering these acknowledgements that the story of Sin Kan takes place at a school, it is interesting that the Classification Review Board did not consider the OAV as depicting sexual relations between adults and children. It is perhaps possible that the Classification Review Board’s references to the institution as a ‘school’ and the reference to Ayaka as a ‘teacher’ were not intended to be read as literal. Alternatively, it could be that the Review Board were familiar with the use of loose translations in these types of films, and they simply ignored the subtitles that read ‘professor’ and ‘academy’. After all, the English title itself includes the word ‘teacher’. Whatever the case, the
Classification Review Board’s rating of Sin Kan as R18+ is especially telling, considering that the
Act and the Guidelines would require a live-action film with equivalent imagery to be rated RC
(‘refused classification’). As with Bondage Mansion, this circumstance suggests the Australian classification system treats animation as a realm where it is acceptable to explore certain themes that cannot be explored in live-action films.
So, like the classification rating for Bondage Mansion, the rating for Sin Kan has been heavily influenced by the Review Board’s belief that animated films have a lesser potential to shock, offend or otherwise affect viewers than live-action films. The report of the Classification
20 The ages of sexual consent vary amongst the different states and territories of Australia. However, in all states the age of consent is either 16 or 17 years unless mitigating factors apply. For more information see the National Child Protection Clearinghouse Resource Sheet regarding age of consent laws available at: http://www.aifs.gov.au/nch/pubs/sheets/rs16/rs16.html [last accessed 28/07/2011].
44 Review Board’s decision states that the impactful scenes of Sin Kan were “heavily diminished by the animated character of the film” (2008b: p .4). As will be shown in subsequent chapters, the aspect of the Australian Classification system which officially recognises the distinction between animation and live-action film is the ‘Assessment of Impact’ section of the Guidelines for the
Classification of Films and Computer Games (p. 5-6). The relevant example in this section for animated films is the clause that claims ‘realistic’ films or scenes should be considered to have a higher impact than ‘stylised’ films. Definitions of ‘realistic’ and ‘stylised’ can be found in the corresponding document The Guidelines for the Classification of Publications (2005). This document defines ‘realistic’ as images which “include photographs and illustrations which are close to real life”. ‘Stylised’ images “include cartoons and other unrealistic illustrations and images”.
In the case of Sin Kan (and Bondage Mansion), the Classification Board and Classification
Review Board focused on the unrealistic style rather than the realistic representation. Although it can very easily be seen that Sin Kan is not a live-action film, it is equally clear that the characters and settings are designed to represent live-action, albeit fictional, humans and situations. The characters are clearly human, with anatomically-correct bodies. The film-world is subject to the same physics as the material world. As such, even if these films cannot be easily mistaken for live- action, they are still very far removed from the films of Warner Brothers or Disney that often feature anthropomorphic animals as lead characters.21 Nevertheless, the Classification Board and
Classification Review Board have identified the unrealistic aesthetics as sufficient to reduce the impact of the film.
As with Bondage Mansion, it appears that the Classification Review Board have elevated the distinction of animation and live-action to an especially high degree. While both of these films exhibit several of the other factors that The Guidelines suggests may increase impact, these do not
21 This is not to claim, of course, that Disney or Warner Brothers have never created any films which depict anatomically-correct human beings who are subject to the laws of real-world physics. It is also not to claim that there are not many Japanese anime that depict a fantastical film-world. However, in the case of Bondage Mansion, Sin Kan and Holy Virgins, the characters are depicted as humans who are subject to the same physical limitations and vulnerabilities as they would be if they were actual human beings.
45 seem to have been factored into the review process for either film. For instance, the Guidelines state that impact may be higher in a film or scene which shows classifiable elements “in greater detail, including the use of close-ups and slow motion” (p. 5). Both Sin Kan and Bondage Mansion liberally employ close-ups of genitalia when characters are engaged in penetrative sex. Another example in the Guidelines relates to scenes that “(use) accentuation techniques, such as lighting, perspective and resolution” (p. 5). Perspective and resolution are used in both films to emphasise sexual acts. This is especially so for Sin Kan, where Ayaka’s genitalia is penned with considerably more detail than other parts of her body. More examples from the Guidelines include scenes incorporating classifiable elements that are “prolonged” and which are “repeated frequently” (p. 6).
Both of these examples appear to be relevant to the violent sex scenes of these films. While it would be inaccurate to suppose that these examples were totally ignored when these films were classified
(as it is a requirement of the classification process for these aspects to be considered), it is nevertheless apparent that they have not been given the same weight as the realistic/stylised distinction.
It is clear that Bondage Mansion and Sin Kan have been given a less restrictive classification rating than they would otherwise receive as a result of their animated nature. However, it is also clear that these films underwent a pre-censoring process by the distributors before they were shown to the Australian Classification Board or Classification Review Board. In Bondage Mansion, dialogue was rewritten in order to indicate that Yukio, the female protagonist, was far more consensual to Hayato’s sexual advances than the original Japanese release depicted. In Sin Kan, dialogue was re-written to indicate that Ayaka consented to sex with Togawa, when the Japanese release indicated that he in fact raped her. With these changes to dialogue, both classification boards concluded that the content, while still inappropriate for live-action films, could be accommodated within the R18+ rating. As such, it is clear that the Australian classification system treats animation as a style that can explore more extreme themes than live-action.
46 There is, however, a limit to what themes may be explored in animated films. While the
Classification Review Board may hold a relaxed attitude to animated depictions of sadomasochism and female teachers having sex with male students, they have adopted a stricter attitude to adult men taking advantage of young females. This attitude can be seen in the review of the anime film
Holy Virgins.
Holy Virgins
Holy Virgins was a Japanese OAV that was released in 2001. It consisted of two 30-minute episodes. Like Bondage Mansion, Holy Virgins was produced by Digital Works as part of their
Vanilla Series of pornographic anime. Holy Virgins was brought before the Classification Review
Board at the same time as Bondage Mansion and Sin Kan. Like the other two films, the
Classification Review Board heard oral submissions from the New South Wales Council of Civil
Liberties and the Australian Family Association before making their decision.
Holy Virgins was originally rated by the Australian Classification Board in March 2008. The
Board rated the OAV as R18+ with the consumer advice ‘high level animated sex scenes’. The OAV was brought before the Classification Review Board on the 30th of July 2008 by the Minister of
Home Affairs, the Hon. Bob Debus. The Classification Review Board overturned the decision of the
Classification Board, giving Holy Virgins a rating of Refused Classification.
Synopsis of Holy Virgins
Holy Virgins follows the exploits of Dr. Fuwa, a medical practitioner. Dr. Fuwa runs an unsuccessful general practice after being forced to leave his post as a researcher for Toto Medical University.
Through his voice-overs, Fuwa explains that he was forced to leave because he refused to adhere to
47 the rules of the institution (he does not explicitly state which rules he broke). Due to the minimal number of patients, Dr. Fuwa spends most of his days having sex with his nurse Megumi in an effort to satisfy his fetish for women in uniform.
Early in the first episode, Fuwa receives a call from a colleague at the medical university, requesting that he investigate a young novitiate (nun-in-training) with a peculiar medical condition.
When the young woman is on the island where she is living and training, she falls into a sort of coma from sunset until sunrise. When removed from the island for further study, her condition does not appear. So, Dr. Fuwa returns to the island with Makoto (the novitiate) and Megumi in order to identify the environmental factors that are causing the condition.
Once Fuwa arrives at the island, one of the nuns, Kate, informs the doctor that the young novitiate has no understanding of sex or sexuality. This knowledge drives Fuwa to conduct ‘medical experiments’ on the other novitiates, who now all suffer from the same condition as Makoto. These experiments, which are clearly of no medical value, involve overt sexual exploration of the girls’ bodies. In one particular scene, Fuwa instructs one of the girls to fellate him. The girl, who has no idea what a penis is, complies.
As Fuwa is spying on the nuns at night, he finds Kate having sex with the novitiate Satsuki.
In the scene, Satsuki tells Kate that she does not want to participate in such activities. Kate responds by telling Satsuki that by performing these acts on each other they are showing “their appreciation to God.” Dr. Fuwa later confronts Kate about what he has seen, and the two engage in knowing, consensual sex.
While having sex with Kate, Fuwa is attacked by a triffid-like monster (invisible to Kate) that wraps its tentacles around his throat. Fuwa infers that the supernatural events that caused this monster to attack him are also responsible for the girls’ night-time comatose state. This, combined with information he was told by residents of the island about a satanic cult, led Fuwa to conclude that the cult was orchestrating the supernatural events.
48 By investigating a clue that he found in one of the nuns’ living quarters, Fuwa discovers the hideout of the satanic cult. The three novitiates have already been abducted and are detained in the hideout. The man that is keeping them against their will is the head of the convent, Father
Alexander. As Dr. Fuwa and Kate enter the hideout, they find Father Alexander forcing Makoto to fellate him. Satsuki and Ririka, another novitiate, are chained up. Ririka is unconscious. Satsuki tells Fuwa that if he can wake Ririka, the three nuns-in-training can recite the prayer of Tres Marias
(the prayer of the three holy Marys). According to their religious mythology, three holy virgins reciting the Tres Marias can fight off Satan (the three girls are all still technically virgins, insofar as they have not had penile-vaginal intercourse). Fuwa, who by this point is wrapped in triffid tentacles that are controlled by Father Alexander, is able to force his way over to Ririka and wake her. Once she is awake, the three girls are able to perform the Tres Marias and overcome Satan’s influence over Father Alexander. Alexander falls down, dead.
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According to the published report of the Classification Review Board’s review of Holy Virgins, the film was ultimately refused classification because of the sex scenes involving the novitiates. The film’s depiction of one of the girls in particular, Ririka, was of specific concern. Ririka is a small blonde girl who wears her hair in pigtails. In several scenes, she is shown clutching a large teddy bear. The Classification Review Board interpreted the way she held the bear as “a child would in seeking comfort” (Classification Review Board, 2008c: p. 4). The majority of the Classification
Review Board (five of the six members present) believed that this constituted a depiction of a person under the age of eighteen. Furthermore, Ririka is the girl whom Dr. Fuwa dupes into performing oral sex. The majority of the Review Board believed that this scene showed Fuwa
“patting her head as if she is a child” (p. 4).
The Review Board did claim in their report, however, that the impact of the sexual activity in Holy Virgins was “greatly diminished by the animation of the film” (p. 5). The sexual activities in
49 this film (aside from those directly influencing the Refused Classification rating) included Dr. Fuwa penetrating his nurse with his entire hand, bondage, ‘golden showers’, sexual relations through deceit and sexual relations through physical force. All of these are elements that would normally result in a film receiving an RC rating. Like Sin Kan and Bondage Mansion, Holy Virgins employs many techniques that are designed to emphasise the potential impact of these elements, such as close-ups and prolonged shots of sexual activity. The distinction between stylised and realistic images is given significantly more weight than the other aesthetic factors that can influence the classification rating of a film.
However, unlike Sin Kan and Bondage Mansion, Holy Virgins has an overriding factor that cannot be accommodated within Australia’s current classification system. The depiction of an underage girl being duped into any sort of sexual activity appears to generate an impact so strong that the animated aesthetic cannot significantly reduce it. The Classification Review Board clearly considered such depictions in Holy Virgins to be more objectionable than the scene in Sin Kan where Ayaka sexually stimulates one of her younger male students. Whether this distinction between the two films was due to hypocrisy on the part of the Classification Review Board or because the cumulative effect of Holy Virgins was considered to be higher, the end result remains the same. The Australian Classification Review Board will allow animated films broader scope for depicting classifiable content than live-action films, but the scope is not absolute.
It can thus be seen that the Australian classification system draws a distinction between animated and live-action forms when applying ratings to films. As will be shown in the following chapters, this distinction follows the advice provided to classifiers by the Guidelines for the
Classification of Films and Computer Games. This advice, combined with other advice provided in the Guidelines, presents an aesthetic model for understanding how films have the capacity to affect audience members. This model reflects the decisions made by the Classification Review Board regarding the films cited in this chapter.
50 Another important issue demonstrated by these case studies is the extent to which the modifications to dialogue may have affected the classification of Bondage Mansion and Sin Kan. As was shown, these films both had sections of dialogue changed for the Australian release so as to depict female characters consenting to sexual acts which were non-consensual in the original
Japanese release. Considering the Australian classification system’s aversion to depictions of non- consensual sex,22 it is likely that these films would have been refused classification had they retained their original dialogue. This has led to a discrepancy in the dialogue and the actions occurring on screen. This is especially evident in Bondage Mansion, where Reika’s shrinking posture and fearful expressions are clearly at odds with the enthusiastic sexual consent shown in the character’s subtitled dialogue. Such circumstances are another demonstration of the ways in which animated films – in this case, Japanese Hentai – have the potential to challenge the Australian classification system’s capacity to produce ratings which unambiguously reflect the relevant legal apparatuses as well as the general values of the Australian community.
22 This aversion is effectively demonstrated in the Guidelines for the Classification of Films and Computer Games. The ‘Refused Classification’ section of the Guidelines state that “Gratuitous, exploitative or offensive depictions of...sexual violence” must be refused classification (p. 13). This complements the National Classification Code, which notes that classifications decisions are required to reflect community concerns about “depictions that condone or incite violence; particularly sexual violence” (p. 1).
51 CHAPTER TWO:
Overview of the Australian Classification System
This chapter will provide an overview of the Australian classification system as a whole. There is a twofold purpose to this. First, it will provide the reader with an understanding of the general function of the Australian classification system. This thesis focuses on how the Australian classification system assesses animated films differently to live-action films based on their aesthetic properties. This was suggested in the first chapter and will be explored more fully in the third chapter. However, the issue of aesthetics takes up only a small portion of the Australian classification system’s legal documents. As this chapter will show, the majority of issues regarding film identified in the Australian classification system’s legal documents refer to filmic content or context. When considered in conjunction with the case studies of the first chapter, this chapter will demonstrate the extent to which the Classification Board and Classification Review Board have dismissed issues of content and context in favour of aesthetic issues when classifying the Japanese anime films Bondage Mansion, Sin Kan and Holy Virgins.
Secondly, this chapter aims to illustrate that the Australian classification system is not merely a classifying institution but also a censoring institution. The Classification Board and
Classification Review Board are sometimes presented as purely advisory bodies. However, this characterisation is incorrect on two counts. In conjunction with the legislation of the Australian states, the Boards have the capacity to restrict some Australians’ access to certain films; specifically persons under 15, persons under 18 and some of Australia’s rural indigenous communities. Also, with the assistance of state laws, the Classification Board and Classification Review Board have the power to prohibit films from commercial distribution or exhibition anywhere in Australia. So, the
Australian classification system possesses the capacity to deny availability to sections of the
Australian public or the public in its entirety. As such, it is clearly capable of censorship.
52 This issue of censorship is important for this thesis because it establishes what is at stake when the Australian classification system gives a film a rating of RC (refused classification). While the RC rating does not outlaw possession of such a film, it does prohibit distribution of a film.
Pragmatically speaking, this all but denies Australians access to RC-rated films. The Classification
Review Board has determined that certain adult content, such as sexual violence or fetishes, may require an RC rating if it is depicted in a live-action film but may warrant a less restrictive rating if the film is animated. This was demonstrated in the first chapter of this thesis through the Review
Board reports of the films Bondage Mansion, Sin Kan and Holy Virgins. Considering this practice affects what Australians are allowed to access, as well as affecting what film-makers and film distributors are allowed to present, it is appropriate that such procedures are scrutinised for consistency, validity and propriety.
This chapter will start with an overview of the Australian classification system’s current structure and role. This will be followed by an analysis of the three main documents that direct the process of classifying films: the Classification (Publications, Films and Computer Games) Act
1995, the National Classification Code and the Guidelines for the Classification of Films and
Computer Games. These documents all contain factors which classifiers are obliged to take into account when classifying films. This chapter will provide an overview of these essential factors.
This overview will not only explain how the different aspects of the Australian classification system operate together, but it will also show how these aspects empower the Australian Classification
Board and Classification Review Board to censor films as well as to classify films.
Before this, however, it is necessary to define the terms ‘classification’ and ‘censorship’ as they are applied in this thesis. Classification, in its simplest sense, merely means to put things into classes. Classification could be applied to any kind of thing or concept. As an example, consider the classification of potatoes. One could classify potatoes in terms of their size (i.e. small, medium or large). Alternatively, one could classify potatoes by their species type, or by how many days have
53 passed since their harvest. By classifying things, one is simply ordering them in terms of classes which must also be defined.
In the case of the Australian classification system, films (as well as publications and video games) get classified according to the potential impact that they are capable of instilling in viewers.
This impact is based on a series of psychological or emotional effects that are defined by the
Australian classification system in the Guidelines for the Classification of Films and Computer
Games. These will be addressed in this chapter. The ways in which a film or scene can increase or decrease this impact will also be addressed in this chapter. It is also a fundamental issue of the third chapter.
Censorship, however, is a different concept to classification. This thesis considers film censorship to refer to the excision of a film, or parts of a film, from public availability. Censorship can manifest itself in any number of ways, many of which are virtually impossible to quantify.23 A publisher or film-maker can self-censor by intentionally (or even unintentionally) choosing to not deal with certain themes or actions within their work. A commercial organisation such as the
Motion Picture Association of America can censor films by refusing to endorse a film outright, or endorsing it on the condition that the film is altered in some way.24 Alternatively, a government institution can censor a film by declaring that it cannot be publicly shown or distributed, or that only certain groups of people are allowed to watch it. This latter situation is the case with the
Australian classification system.
These above examples of censorship are based on the moral values of a community. There
23 Ina Bertrand, in her seminal book Film Censorship in Australia (1971), notes that informal self-imposed censorship is “far harder to trace and define and describe” than formal modes of censorship (p. ix). This is an understatement. One cannot be certain that a creative or documentary work has been informally self-censored unless they speak to all persons involved with the creation of that work. Even then, one cannot be certain that the persons are providing a accurate account of events, or that the persons involved had not engaged in unconscious self-censorship. These issues may help explain why Ms. Bertrand chose to focus on formal censorship practices for her study. It is also the reason why this current study deals almost exclusively with formal censorship practices. 24 The Motion Picture Association of America is a business organisation whose membership includes the majority of U.S. film production, distribution and exhibition companies. Throughout its history, it has imposed voluntary restrictions on what types of films will be distributed. The MPAA has also employed a classification scheme for a large portion of its history. By adhering to a voluntary censorship system, the MPAA has largely managed to dissuade governmental film censorship.
54 are many other types of censorship, some of which can occasionally fall partly within the bounds of moral censorship. An example is political censorship, where a report or opinion can be suppressed in order to help avoid civil unrest or criticism of government practices. Another similar example is military censorship, where a government may deny disclosure of combat information to guarantee the safety of troops (or possibly to avoid international criticism for improper actions). Corporations may seek to censor unflattering information about their business dealings. Courts may seek injunctions against organisations who wish to distribute xenophobic propaganda. Groups of citizens may lobby to governments, corporations or producers to remove or alter certain messages or depictions within films, publications, computer games, broadcasts, paintings or any other article of communication or representation. In short, censorship is a very broad and multifarious process that pervades virtually all aspects of society.
The type of censorship that the Australian classification system is mostly concerned with is based on the perceived general moral values of Australian society. Regarding film, they execute this censorship by restricting access to persons of a certain age. Alternatively, they can disallow distribution of films. The level of censorship (unrestricted, restricted or disallowed) is determined according to the procedures outlined in the Classification (Publications, Films and Computer
Games) Act 1995, The National Classification Code and The Guidelines for the Publication of
Films and Computer Games. This legally binding process is mandatory for all commercially distributed films in Australia.
Structure and Role of the Current Classification System in Australia
The Australian classification system encompasses organisations, delegates and legal apparatuses from both federal and state governments. The most overtly active bodies related to this system are the Australian Classification Board and the Classification Review Board. These bodies are
55 responsible for the actual ratings that films receive. However, these ratings have no legal standing in and of themselves. Rather, the different state governments have their own legislation for enforcing the ratings of the Classification Boards. This complementary system, where the federal organisations provide the ratings which the state governments enforce, is an intentional accord between the federal and state governments. This collaboration between state and federal institutions is further evident by the fact that any amendments to the Classification (Publications, Films and
Computer Games) Act 1995 must be approved by specifically empowered representatives of each state (The Act: p. 17).
This accord between the federal and state governments means that the federal boards
(namely the Classification Board and Classification Review Board) are overtly and knowingly involved in a process of censorship. This is the case despite any governmental claims to the contrary. In 2001, the federal Attorney-General Darryl Williams addressed a public forum at the
Chauvel Cinema where he drew a distinction between censorship and classification.25 The government, Williams said, was committed to classification policies rather than censorship policies
(Watch on Censorship, 2001: p. 2). Furthermore, Williams stated that the then-in-power Howard
Government was opposed to censorship because it impinges on the rights of the individual (ibid).
The only possible justification for this claim is that the Boards are not empowered to execute their decisions themselves. However, there is no denying that the classifiers are aware of the ramifications of their decisions. The Guidelines for the Classification of Films and Computer
Games, the document which classifiers are obliged to consider for each item that they classify, clearly states the consequences of the classification ratings. In short, any claim that the Australian
Classification Boards do not engage in any form of censorship is misleading and inaccurate.
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25 It should be noted that only one major change has occurred to the Classification (Publications, Films and Computer Games) Act 1995, The National Classification Code or The Guidelines for the Classification of Films and Computer Games since Darryl William’s 2001 address. This change was the implementation of restrictions on possession of X18+ and RC rated films and publications in certain sections of the Northern Territory as part of the federal government’s intervention in indigenous communities.
56 As it currently stands, the Australian Classification Board is a statutory body. Established and maintained by the Australian federal government, the Board evaluates whether a film is suitable for the Australian public. The Classification Board also rates publications and computer games, including video games for consoles such as the Sony Playstation, Nintendo Wii and the Microsoft
Xbox. However, their workload is primarily films. In the period covered by the 2007-2008 annual report, the Classification Board viewed 5057 films. In contrast, the Board viewed 982 computer games and 329 publications (p. 29). The 2009-2010 annual report showed a similar weighting towards films, with 4821 films versus 1001 computer games and 291 publications (p. 13).
As part of the classification process, the Classification Board decides what specific rating a film should receive. The least severe rating is G, which means the film is recommended for general audiences and would be suitable viewing for children. Following G is PG, which means the Board recommends parental guidance for children under fifteen years. After this comes M, which means the film is suitable for mature audiences over the age of fifteen. These three ratings are all
‘unrestricted’, meaning that the ratings are merely recommendations and are not enforceable by law.
Films that are not suited to an unrestricted rating can incur a rating of MA15+, R18+ or X18+.
MA15+ means that only persons fifteen years or older may legally watch the film. An R18+ rating means that persons must be eighteen years or older to legally watch the film. X18+ is a special category that is also restricted to persons eighteen years and older. It relates only to films that depict actual consensual sexual activity between adults. As such, it has notably different conditions than
R18+. These three ratings are restrictive in nature. In addition to informing people of the general subject matter, they also legally determine which people can view these films.26
The final rating that films can receive from the Classification Board is RC. RC stands for
‘refused classification’. Films that are refused classification cannot be legally distributed or
26 The legal statements mentioned in this paragraph are generally applicable throughout the states and territories of Australia. However, it should be noted that each of the states’ and territories’ classification enforcement acts have their own particular caveats and penalties. For instance, Queensland’s Classification of Films Act 1991 allows children less than two years of age to attend an R18+ film if accompanied by an adult (p. 15). The New South Wales Classification (Publications, Films and Computer Games) Enforcement Act 1995, however, makes no such concessions for children under two.
57 screened in Australia. It is not illegal to possess a film that has been refused classification, so in this sense the rating does not ban the film. If a film contains illegal depictions, such as a recording of persons under the age of sixteen in a sexual act, then it will be considered illegal according to the criminal laws of the relevant state. So, although the RC rating places massive restrictions on the mobility and public screening of films, it does not render the films illegal to own.
In some cases a film’s classification rating can be challenged. This challenge can come from the maker or distributor of the film in question, the relevant federal Government minister (currently the Attorney-General) or it can come from a person that is aggrieved by the decision. Section 42 of the Classification (Publications, Films and Computer Games) Act 1995 outlines the conditions under which a person or group qualify as “aggrieved” by the classification rating. These conditions aim to ensure that appeals are genuine in order to avoid frivolous challenges. If the legitimacy of the appeal is in question, it is evaluated by the Classification Review Board prior to review. If the challenge is considered genuine, the film in question is reclassified by the Classification Review
Board.
The Classification Review Board is a separate group to the Classification Board. The
Review Board meets on an ad hoc basis for the sole purpose of reviewing challenged decisions for films, publications and computer games. Like the Classification Board, the Classification Review
Board is managed by the Attorney-General’s department. When reviewing classification decisions, the Review Board can read or listen to submissions from interested parties. As was shown in chapter one, the New South Wales Council for Civil Liberties and the Australian Family Association provided submissions for the reviews of the films Bondage Mansion, Sin Kan and Holy Virgins.
Aside from these submissions, however, the Review Board follows the same procedures as the
Classification Board when deciding on a film’s rating.
The procedures that the Classification Board and the Classification Review Board must follow when classifying films are outlined in the Classification (Publications, Films and Computer
58 Games) Act 1995. The National Classification Code also outlines some necessary criteria. The
Code is given legal standing in section 6 of the Act (p. 17). In addition to these two documents, the
Guidelines for the Classification of Films and Computer Games also includes factors that must be addressed in the classification process. The Guidelines are given legal standing in section 12 of the
Act.
Both the Classification Board and the Classification Review Board have the power to impose restrictions on the distribution of films. By rating films as MA15+ or R18+, they have the power to deny young people access to such films. While this may not be immediately apparent as censorship, it is undeniable that this procedure affects what certain groups of Australians can or cannot watch. The X rating’s censorial capacity, however, is more obvious. In addition to being commercially unavailable in Australian states (states’ residents must order X-rated films from the territories), current federal legislation has also prohibited the possession of X-rated films in certain rural Northern Territory communities (the Act: pp. 79-89). This involves restricting people’s access to films if they are residents of certain areas of Australia, regardless of whether those residents are over the age of eighteen. In addition to these examples, the RC rating also allows the Classification
Board and Classification Review Board to participate in a process of censorship. Because RC-rated films cannot be legally distributed or publicly screened, the rating negatively impacts on
Australians’ capacity to access these films. Although the classification boards do not possess the authority to excise portions of a film from the public gaze, they do possess the power to excise entire films from part of the public or all of the public. In short, the classification process does not simply consist of description of all content but also includes proscription of some content.
The Classification (Publications, Films and Computer Games) Act 1995
Under the Act, each of the following matters must be taken into account in classifying films and computer games: (a) the standards of morality, decency and propriety generally accepted by
59 reasonable adults; (b) the literary, artistic or educational merit (if any) of the publication, film or computer game; (c) the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character; (d) the persons or class of persons to or amongst whom it is published or is intended or likely to be published. (From the Guidelines for the Classification of Films and Computer Games, p. 4)
The Classification (Publications, Films and Computer Games) Act 1995 is the primary piece of federal legislation that outlines the classification process in Australia. It legally establishes the
Classification Board and the Classification Review Board. It recognises which documents should underpin the classification process; namely the Guidelines for the Classification of Films and
Computer Games and the Guidelines for the Classification of Publications. It also establishes the importance of the National Classification Code to the classification of items. Furthermore, it also includes its own requirements for the classification process. For the convenience of Classification
Board and Classification Review Board members, these requirements are shown in the Guidelines for the Classification of Films and Computer Games.
The Act states that certain ‘matters’ must be taken into account when classifiers assess films.
The first of these matters is “the standards of morality, decency and propriety generally accepted by reasonable adults” (the Guidelines, p. 3, and the Act: p. 11). This has been a contentious point over the Board’s history. In 1999, the Howard Government dismissed an entire shortlist of potential
Classification Board members because some members of Parliament felt that the shortlist did not represent “ordinary” Australians, hence implying that they may not represent the generally-accepted standards and values of reasonable adults (Marr, 1999). The dismissal of the shortlist occurred after a ten-month selection process, although ‘more appropriate’ candidates were found from the pool of rejected applicants (ibid). Such a willingness on behalf of governments to jeopardize months of work and large amounts of money is a testament to how seriously this first matter of the classification code is taken by Australian governments.
60 The highly subjective nature of this first matter makes the classification boards susceptible to political manipulation by elected representatives. The above example of the shortlist dismissal in
1999 is considered to have been partly driven by the independent senator Brian Harradine, whose agenda was accommodated by the Howard government in exchange for support for Liberal-backed legislation (Marr, 1999). More recent examples of politicking with the Classification Board include the presentation of several fundamentalist Islamic publications before the Review Board by the
Attorney-General Phillip Ruddock in 2006.27 In the first instance, it is questionable whether people on the shortlist were indeed different to ‘ordinary’ Australians. In the second instance, the political climate has directed the Attorney-General and large parts of the population to consider objectionable certain materials which the average person may not have cared about only a few years earlier. In both cases it is highly likely that the policies undertaken have been largely motivated by political imperatives.
Examples such as the one cited above illustrate the uneasy relationship between politics and laws that seek to represent the values of ordinary, average Australians. In a democratic system there appears to be a general assumption that the values of elected representatives are similar to the people who elected them. Crudely speaking, this may be true. However, when an elected representative helps to enact a proposal into law, they are imposing an idea onto all Australians, not just their local constituency or the supporters of their political party. Just because a politician has been able to secure a seat in parliament does not mean they speak for all reasonable Australians on political matters. However, the reality is that elected representatives do rely on perceived mandates when proposing and implementing laws. Ultimately, this means that laws and policies that should
27 Specifically, the audiovisual recording Jihad or Terrorism and the publications Jihad in the Qur’an & Sunnah, Islam and Modern Man: The Call of Islam to Modern Man Vol. II, The Qur’anic Concept of War, The Absent Obligation: And Expel the Jews and Christians from the Arabian Peninsula, The Ideological Attack, Defence of the Muslim Lands and Join The Caravan. The film Jihad or Terrorism was rated PG with the consumer advice ‘mild themes’. All publications were reviewed as ‘unrestricted’, except for Defence of Muslim Lands and Join The Caravan, which were Refused Classification upon review. The details of these decisions can be found on the Classification Board website at http://www.classification.gov.au/www/cob/classification.nsf/Page/Classification_in_AustraliaWho_we_areClassific ation_Review_Board_Decisions [last accessed 18/08/2011].
61 ideally be objective in scope (such as those that refer to ‘ordinary Australians’) may be subject to political manipulation.
The issue of political influence helps to highlight the difficulties in assuring that the classification process is always undertaken according to the morality, decency and propriety of reasonable adults. This condition is broad, vague and impossible to guarantee in all cases. As careful as the classifier recruitment process may be, there is the theoretical potential for a film or publication to be morally acceptable to the reasonable people on the Classification Board, whilst not being acceptable to some other reasonable people (assuming, of course, that the term ‘reasonable’ can be used to describe the majority of Australian adults who can function in society). Considering this, it is clear that the caveat of “generally reasonable” may apply in some cases, in the sense that if the majority of people find a film morally acceptable it should be rated accordingly, even if a few other reasonable people object to the rating. Arguably, this majoritarian approach fails to address the diversity of value systems to which reasonable people can subscribe.
A similar problem can be seen in the second ‘matter’ that classifiers must take into account.
This is the matter of “literary, artistic or educational merit (if any) of the… film” (The Guidelines, p. 4). It seems that this matter may operate in response to the majoritarian values of the first matter.
While the Guidelines do not state that literary, artistic or educational qualities cannot be “generally” appreciated by “reasonable adults”, it is noteworthy that the second matter exists at all. After all, if the moral system of average Australians was perceived to include a holistic appreciation of literary, artistic and educational merit, then the second matter would not be required.
Like with the first matter (regarding morality, decency and propriety), subjectivity and personal interpretation can take on a very important role with the second matter. An example of this subjectivity can be found in the Classification Board and Classification Review Board’s treatment of the film Ken Park (2002). The Classification Review Board affirmed the Classification Board’s
RC rating of the film, noting that:
62 (D)espite the film making a serious attempt to grapple with issues facing many teenagers and having significant artistic merit, the cumulative impact of several scenes was more than what could be accommodated in an R classification (Classification Review Board, 2003: p. 8).
The decisions of the Classification Board and Classification Review Board regarding Ken Park were the subject of media criticism from some liberal commentators. After the Classification
Review Board’s decision was made, film critic Margaret Pomeranz (as a member of a group called
Free Cinema) organised a protest screening in Balmain which attracted approximately six hundred guests (Needham, 2003). This public protest, as well as the media debates that developed around it at the time, clearly shows that some members of the public disagreed with the Classification
Review Board’s decision. It is reasonable to suspect that these dissenters considered Ken Park to be sufficiently artistically meritorious to warrant an R18+ rating.
The second matter of the Act invites a certain question regarding the “if any” part of the
“literary, artistic or educational merit (if any) of the… film” clause in the Guidelines. It can easily be seen that this statement implies that a film has the potential to be devoid of literary, artistic or educational merit. Even if one dismisses the argument that all things have potential artistic merit, opinions of what is and is not art are so broad and varied as to be completely unreliable as a legal gauge. Regardless, the second matter remains as a staple issue to be considered in the classification process.
These problems of definition and opinion are also present in regard to the third matter of the
Act. This matter refers to “the general character of the publication, film or computer game, including whether it is of a medical, legal or scientific character” (the Guidelines: p. 4). The purpose of this matter is to protect the rights of people to pursue culturally significant works. To a great degree, these are covered by the first two matters, specifically those aspects regarding
“propriety accepted by reasonable adults” and “educational merit” (ibid). However, it is obviously considered such an important point by the collective authors of the Act that it deserves special
63 mention.
It is possible to surmise that part of the rationale behind the third matter is that certain types of film are appropriate for certain audiences in certain viewing circumstances, but perhaps not so in other circumstances. Documentaries of autopsies, for instance, may display images that would be widely considered inappropriate in action films, such as the dismemberment of actual human bodies. This premise underpins the fourth matter that classifiers must take into account: “the persons or class of persons to or amongst whom it is published or whom is intended or likely to be published” (the Guidelines: p. 4). Again, this matter incorporates some overlap with the other matters. However, it also allows for an original provision – that people who watch certain genres of films are likely to treat the film differently to the rest of film-going Australians.
30 Days of Night (2007a) is an example of a film that has been interpreted in such a way. In
2007, the Classification Review Board reclassified the film from R18+ to MA15+, partly based on the observation that the film is more likely to be watched by certain audiences; in this case, horror buffs (Classification Review Board, 2007a: p. 4). In a sense, this is a strange perspective to take.
After all, audiences do not consist of a secure group of people who have all seen films of this or that particular genre before. However, the conventions of most forms and genres (and even the conventions behind the vague concept of “art films”) are salient enough in contemporary Australian culture that a new viewer can develop certain expectations of a form or genre before viewing them.
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As per the obligations of the Classification Review Board, the four matters of the Act were all taken into account in the classification review of Bondage Mansion, Sin Kan and Holy Virgins. However, the extent to which these matters were applied is questionable. This is especially evident in the film
Sin Kan. Several aspects of this film arguably challenge the first matter of the “standards of morality, decency and propriety generally accepted by reasonable adults” in Australia (the
Guidelines: p. 4). These depictions include sexual relations between teachers and students, as well
64 as sexualised violence (Classification Review Board, 2008b: p. 4). The Classification Review Board makes clear the reasoning behind this dismissal of the first matter:
Whilst some adults may find the themes and sexual depictions [of Sin Kan] offensive, the Review Board unanimously determined that the film could be accommodated by the R18+ classification because of the impact of the sex scenes and sexualised violence was greatly diminished by the animated character of the film (Classification Review Board, 2008b: p. 4).
Despite the clear importance of the matters of the Act to the classification process, the matters were afforded less consideration as a result of Sin Kan’s animation. A similar reduction of importance can be seen in the National Classification Code in relation to the film Bondage Mansion.
The National Classification Code
Under the Code, classification decisions are to give effect, as far as possible, to the following principles: (a) adults should be able to read, hear and see what they want; (b) minors should be protected from material likely to harm or disturb them; (c) everyone should be protected from exposure to unsolicited material that they find offensive; (d) the need to take account of community concerns about: (i) depictions that condone or incite violence, particularly sexual violence; and (ii) the portrayal of persons in a demeaning manner. (From the Guidelines for the Classification of Films and Computer Games: p. 4)
In addition to the stipulations of the Act, classifiers are required to consider, as far as possible, the
National Classification Code. The Code consists of four principles that should drive the classifier’s attitudes when they evaluate films. Whereas the matters that must be considered under the Act refer to the content of the films themselves, the principles in the Code are more abstract. They relate to the legislation and the classification process to the philosophies that underpin the Australian legal system.
The first principle of the Code is that “adults should be able to read, hear and see what they want” (the Code: p. 1). This relates to the most fundamental conception of liberty; that people
65 should be able to exercise their free will without restraint. This is an important issue to consider, as the Australian classification system’s capacity to censor films is largely incompatible with adults’ freedom to decide for themselves on the matter of what to read, hear and see. Theoretically, this particular aspect of liberty should be an easy principle for the Australian government to guarantee.
The government does not need to make any provisions for this principle. They simply need to do nothing.
To be more precise, ‘nothing’ is the minimum the Australian government needs to do to contribute to the principle in order for it to be realised. It could be argued that a lack of interference cannot guarantee access to materials that people wish to read, hear or see. It is true that certain public institutions (such as public libraries and archives) provide some access to published and audiovisual materials. However, these institutions can never guarantee a total availability of all materials to all Australians. The primary way in which this principle is adhered to in Australia is through non-interference.
The second principle of the Code is that “minors should be protected from material likely to harm or disturb them” (the Code: p. 1). Such a notion is congruent with the rest of the Australian legal system. Persons under the age of 18 are legally considered to lack the maturity and life experience to make decisions about what is good for them. As such, legislation tends to restrict young people’s rights and freedoms rather than let them potentially abuse them.
This principle can be considered to contrast with the non-interference of the first principle.
In order to protect minors from harmful or disturbing material, the government must be capable and willing to intervene into the availability of certain materials. While the first principle does not necessarily require a classification board or legal powers in order to be assured, this second principle can only be assured through the establishment of a relevant authority (such as a classification board) and supporting institutions (such as a police force and a judiciary).
There have been occasions throughout the history of the Classification Board when the
66 validity of this second principle has been challenged by the young people it seeks to protect. In
2007, a young man applied for a review for the film Shoot ‘Em Up (2007), which was rated R18+
(Classification Review Board, 2007b). As the young man was 15, he was not permitted to watch the film until he was 18. He claimed that he was an enthusiast of the ‘action’ genre and as such he met the definition of an ‘aggrieved person’ according to the Act. Although his request to be considered an aggrieved person was denied and hence the original classification was upheld, his request was preliminarily considered genuine. This example illustrates one of the major problems of this second principle. On the one hand, the classification boards must deny minors access to certain films. On the other hand, if the classification boards are to reflect the values of democracy, they are duty- bound to allow young people some input over its decisions. From the perspective of classification, young people are both capable and incapable of choosing what they should read, hear and see.
As mentioned earlier in this chapter, this restriction is a form of film censorship. While it may be a widely acceptable practice, this does not change the fact that young people do not have the choice over what they can or cannot watch. This decision is made on their behalf by members of the
Classification Board and Classification Review Board (who are, incidentally, all over the age of eighteen).
The third principle outlined in the Code is that “everyone should be protected from exposure to unsolicited material that they find offensive” (the Code: p. 1). This principle, like the second principle, requires governmental interference in order to be realised. The purpose of this principle is to reinforce the need for audiences to be informed, before the fact, about the films that they choose to see. Just because a film has been rated R18+ doesn’t mean that all adults will be comfortable with its content. It is because of this principle that consumer information is provided with classification ratings. Advertisements for films must be pre-approved for a similar reason.
The other purpose to this principle goes beyond providing information to outright censorship. This aspect applies to films that depict scenes so offensive that consumer information will be no
67 guarantee against offence. This, according to the Guidelines, would include imagery of child sexual abuse, highly gratuitous depictions of violence and similar imagery. These films are Refused
Classification under the Act (the Guidelines: p. 13).
This third principle is paradoxical. It implies that the Classification Board and the
Classification Review Board must rule on what “everybody” – all Australians, not just average
Australians – will find offensive. The only way to judge comprehensively whether everyone will be offended by a film (and hence to be protected from it) is to show everybody the film and hence expose them to potentially offensive films. The Australian classification system does not seek to solve this paradox in any complete sense. Rather, it allows the members of the Classification Board and Classification Review Board to stand in for all Australians in determining whether these films will qualify as offensive.
This issue of classifiers deciding a film’s offensiveness intersects with the issue of classifiers deciding a film’s artistic merit. Regardless of how carefully a board of several people makes their decisions, they will never be able to decide on behalf of all Australians whether a work of art or entertainment is so offensive that it should not be available for adults to see. As with the issues surrounding artistic merit, this issue of determining offence is a sticking point for liberal media commentators such as Margaret Pomeranz, David Marr and Helen Vnuk. Helen Vnuk’s book
Snatched: Sex and Censorship in Australia (2003) outlines several decisions made by the then- called Office of Film and Literature Classification that Vnuk considers inappropriate. These decisions include the RC rating of the pornographic film Dreamquest (2000) and the restriction of a
2001 issue of Australian Women’s Forum which contained an article discussing female genital surgery and featuring undoctored photographs of ‘average’ women’s labia. The pictures were deemed to be too graphic for an unrestricted publication. Examples such as these illustrate the potential complications in allowing a handful of people to decide whether all of Australians will or will not be sufficiently offended by certain material to justify restricting or refusing classification to
68 such material.
The fourth principle of the Code identifies “The need to take account of community concerns about (i) depictions that condone or incite violence, particularly sexual violence; and (ii) the portrayal of persons in a demeaning manner” (the Code: p. 1). The purpose of this principle is to reinforce that the Classification Board should reflect the opinions and values of the community.
This principle partially overlaps with the first matter that the Act requires classifiers to consider; that being “The standards of morality, decency and propriety as generally accepted by reasonable adults”. However, unlike the Act, this fourth principle of the National Classification Code offers guiding examples. These are provided to avoid overly broad or frivolous applications of the principle. The first example, sexual violence, mostly concerns sexual relations between two or more people where at least one person does not consent (the Guidelines: p. 14). Sexual assault has historically been considered an abhorrent and illegal act in Australia, which is a position that is very unlikely to change. As such, opposition to sexual assault can safely be considered a broadly- accepted community value.
The second example, “the portrayal of persons in a demeaning manner”, is somewhat more contentious. This is because the Guidelines specify that a person can be demeaned while still consenting to a particular activity. The Guidelines define “demeaning” as “a depiction or description directly or indirectly sexual in nature, which debases or appears to debase the person or characters depicted” (the Guidelines: p. 14). The Guidelines further clarify the issue by stating in relation to the X rating that “Fetishes such as body piercing, application of substances such as candle wax, ‘golden showers’, bondage, spanking or fisting are not permitted” (the Guidelines: p.
12). In the Guidelines, there appears to be a link between sexual violence, sexually demeaning images and fetishes. As such, it appears that consenting fetishistic activities correspond to demeaning activity. They cannot directly correspond to sexual violence, as the Guidelines state that sexual violence is non-consensual by definition (p. 14).
69 However, it is quite plausible that consenting fetish actors would not consider themselves
‘demeaned’. Furthermore, the fetish enthusiasts who are most likely to watch such films (were such films made available to them) may not view the actors as ‘demeaned’ either, at least not in the sense that the Australian classification system uses the term. This suggests that these fetishistic films are prohibited due to concerns of people other than the intended audiences, be those people members of the broader community, elected politicians or otherwise. This contradicts the fourth matter of the
Act, which acknowledges that classifiers should consider the intended audience when classifying a film, computer game or publication (the Act: p. 13).
Certain contradictions notwithstanding, the matters identified within the Act and the principles of the Code are generally complementary. If there is a dispute, it is the Act that overrides the Code. The Guidelines state that the ‘matters’ of the Act “must be taken into account” whereas the principles of the Code are to be applied “as far as possible”. However, as shown with the example of fetishistic material, there are some circumstances in which the Code is adhered to at the expense of the Act (in this case, it is due to additional stipulations laid out in the Guidelines).
Furthermore, the second, third and fourth principles all work against the first principle insofar as the first principle seeks to ensure access to films for Australians whereas the following principles seek to restrict access to films. These complications help illustrate why classification and censorship are such sensitive and difficult issues in Australia.
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Relating this to the Japanese anime films brought before the Classification Review Board in 2008, if one was to evaluate the Review Board’s decisions in relation to the National Classification Code, in particular the portrayal of persons in a demeaning manner, they may determine that the principles of the Code had not been adequately taken into account. Such a concern would be most directly applicable to the film Bondage Mansion. Bondage Mansion, as was identified in the first chapter, contains various detailed depictions of sexual fetishes such as the sexualised application of candle
70 wax, bondage and sexualised depictions of urinating. Considering that the fetishes depicted in
Bondage Mansion appear to meet the Australian classification system’s definition of ‘demeaning’ as defined on page 14 the Guidelines (even if they might not meet that definition in the eyes of fetish enthusiasts), one might determine that this would count against Bondage Mansion in terms of receiving a classification rating other than RC.
In fact, the Classification Review Board determined that the depictions did not meet the
Guidelines’ definition of ‘demeaning’ (Classification Review Board, 2008a: p. 5). However, the
Review Board did acknowledge that “should the film have contained the same content and been a live action film, with real people, then such a film may be refused classification (ibid). It can thus be seen that the National Classification Code has been applied differently to Bondage Mansion due to its animated form.
The Guidelines for the Classification of Films and Computer Games
The Guidelines for the Classification of Films and Computer Games is a document that acts as “a tool for classifying films and computer games” (the Guidelines: p. 2). The Guidelines were developed in accordance with the Act and the Code. There are three essential principles that underlie the use of the Guidelines:
- the importance of context;
- the elements by which the films must be evaluated; and
- the assessment of impact of films.
According to the Act, the Code and the Guidelines are the documents that must be directly applied by classifiers when assessing films (the Act: p. 12).
The first of these essential principles, the importance of context, can be seen to derive from both the Act and the Code. Of the matters to be considered under the Act, the first and fourth matters
71 (regarding morality, decency and propriety, and the intended audience, respectively) concern the context external to the film. The second matter, regarding literary, artistic and educational merit, and the third matter, the film’s general character, concern the context within the film. The principles of the Code all relate to the context external to the film. Although the Guidelines only specify context in regard to “determining whether a classifiable element is justified by the story-line or themes” (the
Guidelines: p. 5), it can be seen that the importance of context far exceeds this specific reference.
In addition to context, the Guidelines identify what elements are subject to the classification process. The Guidelines identify the six classifiable elements in a film or computer game as: nudity, drug use, language, sex, violence and ‘themes’. All of these elements are permitted in classifiable films, although the classification rating must be appropriate to the degree for which these elements are utilised. Like the four matters of the Act, classifiers must evaluate all films according to these six elements.
Although all of these elements have some scope for interpretation (for example, one may consider some legal drugs like paracetamol as exempt from the ‘drugs’ element), the broadest and vaguest of these elements, by far, is ‘themes’. Because this element does not refer to any action or object in particular, it can be applied to just about anything. An example is the film Ice Age 2: The
Meltdown (2006), which, upon review, was classified PG with the consumer information “Mild
Sense of Menace” (Classification Review Board, 2006). Another example, the film Harry Potter and the Goblet of Fire (2005) was reviewed and classified M, with the consumer advice “Moderate
Dark Themes, Moderate Fantasy Violence” (Classification Review Board, 2005). However, the majority of the applications of this element relate to the term ‘adult themes’. These may include marital distress, death, poverty or similar potentially distressing concepts.
The degree to which these classifiable elements affect the classification rating is dictated by the ‘impact test’ (the Guidelines: p. 7). This system follows a hierarchy where films rated G are considered to have a very mild impact. This follows through to R18+ films, which are considered to
72 have a high cumulative impact. Films with a very high cumulative impact may be Refused
Classification.
The Guidelines offer examples of how to identify techniques which may increase the impact of a scene in a section titled ‘Assessing Impact’. This is the only aspect of the Australian classification system’s legal documents that directly focuses on how a film’s aesthetic properties can influence the rating it receives. This section identifies “realistic” images as potentially higher in impact than a “stylised” image. In the Guidelines for the Classification of Publications, a definition is provided that “realistic” images include photographs and “illustrations which are close to real life”, whereas “stylised” images include cartoons and other drawings (Guidelines for the
Classification of Publications: p. 4). It stands to reason that an equivalent definition for moving images exists for the Guidelines for Films and Computer Games; that “realistic” films include live- action films, whereas “stylised” refers to non-photorealistic animated films.
This element, in and of itself, appears ill-equipped to deal with the issues regarding computer-generated imagery. Academic debates about digital film-making technologies over the past fifteen years have helped to illustrate the complexities involved with making bold distinctions between animation and live-action film. It has been noted by some theorists (such as Tom Gunning and Lev Manovich) that the shift from celluloid format to digital format has exposed some misconceptions about long-held beliefs regarding the medium of film. There has been an enduring belief that one of the defining properties of the medium is its capacity to mechanically record an aspect of the real physical world. The term ‘trace’ or the semiotic term ‘index’ are often used to describe this phenomenon. For some, the medium’s capacity for recording aspects of ‘reality’ is inextricably linked to the properties of celluloid film (Gunning, 2008: p. 31). Subscribers to this idea may struggle to integrate digital technologies into their understanding of the medium. This issue of the medium’s essential properties intersects with issues of animation’s status in regard to live-action film. Animation has always been marked by the animator’s capacity to manipulate the
73 image. Likewise, digital formats are also marked by a virtually limitless capacity for manipulation, as filmic images can be stored digitally and later altered pixel by pixel. For some theorists, this technological shift has greatly affected the artistic and philosophical capacities of the medium of film. While such beliefs may downplay the capacity for film makers and photographers to manipulate the celluloid image, such concerns have coloured recent academic debates about animation and digital film-making technologies. 28
These academic debates demonstrate the difficulty in adhering to any hard-and-fast distinctions between animated and live-action film. A practical example of the difficulty in distinguishing between the two forms can be seen in the post-production technique of interpolated rotoscoping. Although such films are altered to resemble animation (usually with the aid of purpose-built image manipulation software), they are altered in such a way that their live-action base is still visible and obvious. Furthermore, the claim that a stylised image is inherently less impactful than an equivalent realistic image may invite dangerous interpretations. For instance, a highly detailed and rendered 3-D animated depiction of extremely offensive and abhorrent actions may require a lesser rating than a live-action depiction, if the animated depiction falls short of complete verisimilitude. In such cases, a distinction between animation and live-action film may be undesirable from the perspective of a film classifier or censor. While it is unlikely that such material would ever be made widely available, the potential for this to occur under the Act is an issue that should be addressed.
As can be seen, the ‘Assessing Impact’ section of the Guidelines is especially important for understanding how the Australian classification system assesses animated films. This is largely due to the aforementioned distinction the section makes between live-action and animated film.
However, the section also includes other examples of techniques which can affect the perceived impact, and hence classification rating, of a film. These examples include frequency of depiction,
28 See Manovich 2001, Gunning 2008, Berton Jr. 1990 (for an earlier work on digital film technology), Wyatt 1999 and Prince 1996.
74 how prolonged the image is and accentuation techniques such as lighting, perspective, image size and resolution. There are only a few aspects of films that are not evaluated according to this aesthetic assessment of classifiable elements. These include the promotion of paedophile activity, the promotion of drug use (the implication being illegal drug use), sexual violence, bestiality, fetishes and incest fantasies. In addition, films that promote terrorist activity are to be Refused
Classification (the Act: p. 12). The term ‘terrorist activity’ is defined for the sake of film classification in section 5.3 of the federal Criminal Code Act 1995 (p. 116).
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It is within the above framework that the Classification Board and Classification Review Board operate. In order to provide some structure and consistency to the classification process it is expected that the boards will address the matters and principles outlined in the Classification
(Publications, Films and Computer Games) Act 1995, the National Classification Code and the
Guidelines for the Classification of Films and Computer Games (or the Guidelines for the
Classification of Publications when evaluating published material). However, as has been shown in this chapter, certain aspects of the Code and the Act have been given less consideration for the films
Bondage Mansion and Sin Kan than they would be given for equivalent live-action films. This is largely due to the animated or ‘stylised’ nature of the films.
The third chapter will provide an analysis of the ‘Assessing Impact’ section of the
Guidelines for the Classification of Films and Computer Games that was briefly addressed at the end of this chapter. It is within the ‘Assessing Impact’ section that the Guidelines imply a model of film that explains how all films are aesthetically assessed. The chapter will demonstrate how this model makes similar assumptions about the medium as certain academic film theories; namely,
Siegfried Kracauer’s Theory of Film: the Redemption of Physical Reality and Christian Metz’s On
75 the Impression of Reality in the Cinema. It will be shown that Kracauer’s theory, Metz’s theory and the Guidelines’ aesthetic model all struggle to recognise the potential of animated film to shock, arouse or offend. The chapter will draw on film studies to present alternative models to the current
Guidelines model. Ultimately, the chapter will identify the psychoanalytic concept of identification
(pioneered by Christian Metz later in his career) as a workable alternative approach that circumvents aesthetics in favour of a more holistic approach to understanding film’s impact- potential.
76 CHAPTER THREE:
The Guidelines for the Classification of Films and Computer Games and the
Australian Classification System’s Aesthetic Model of Film
This chapter is concerned with the Australian classification system’s practices regarding the aesthetic properties of the films that they classify. Specifically, it is concerned with the section of the Guidelines for the Classification of Films and Computer Games which identifies how a film’s aesthetic properties can contribute to the perceived impact of the film. It will be argued that the
Guidelines presents a model that attempts to establish the various ways that film aesthetics can emotionally or psychologically impact on spectators. In turn, this model operates as a commentary on the fundamental aesthetic properties of the medium. However, unlike typical film theories, the
Guidelines use the aesthetic properties of the medium as a guide for how to legally restrict the availability of films.
The section of the Guidelines in question offers aesthetic examples which guide how the classifiers should make their decisions. These examples indicate that some techniques or styles can result in a higher impact on spectators, which ultimately means that a film may require a higher classification rating. By offering these examples, the Guidelines also suggest that films employing alternative techniques may deserve a less exclusive rating.
These examples, which will be addressed later in this chapter, suggest a model for understanding how films are capable of affecting spectators. This model considers photorealism and physical realism as more ‘impactful’ than non-photorealistic animated imagery. In this sense, the
Guidelines model is consistent with some realist film theories. However, unlike many realist theories, the Guidelines model also acknowledges the potential for techniques which manipulate the image to strengthen the impact of films. These examples are reminiscent of early formalist theories of film, which can be contrasted with the early realist theories.
77 These two terms – realism and formalism – are popularly employed in the field of Film
Studies to distinguish between the two major camps of film theories. In short, the realists tend to focus on the medium’s capacity to capture pro filmic ‘reality’; the stuff that occurs before the photographic film camera. Formalists, by contrast, tend to focus on the medium’s capacity for manipulation by film-makers. This is, by necessity, a very broad and simplistic definition of the two camps. Many so-called ‘realist’ theories recognise that formal techniques can help to produce a realist aesthetic. One such theory, developed by Siegfried Kracauer, will be discussed in this chapter.
It is important to note that a realist approach to film-making may not necessarily result in a
‘realistic’ film. Many realist approaches can appear to be extremely stylised, disjointed or artificial.
For instance, some of the French New Wave films by Jean-Luc Godard were made according to a realist approach that drew attention to the artifice of the film-making process.29 In short, one can distinguish between a cinematic verisimilitude (where a viewer can suspend disbelief and empathise with characters on-screen as though they were real people) and a self-reflexive cinematic realism, where a film demonstrates a complex relationship between the cinematic apparatus and the real world. This is an important distinction to recognise, as verisimilitude is as much a psychological phenomenon as it is a series of cinematic techniques. This chapter will demonstrate that the
Australian classification system aims to regulate the impact of verisimilitude by evaluating the technical qualities of a film or scene. It will also argue that the Australian classification system fails to do so because it neglects the psychological aspect of verisimilitude.
This investigation will be undertaken from a Film Studies perspective. A large portion of the discipline has been devoted to understanding how films are capable of affecting their audiences. As such, this chapter will compare and contrast the classification system’s implicit model of film with
29 An example of this can be seen in Godard’s 1960 film Á bout de souffle (English title Breathless), where a scene involving a man and a woman talking in a car is interspersed with jump-cuts – edits between shots that are almost identical in composition and angle. This technique violates the popularly-held convention that edited shots of the same subject should always involve a change in camera angle of more than thirty degrees, as narrower changes in camera angle tend to produce a jarring effect.
78 some of the more famous ontological theories from the history of Film Studies.30 As will be shown, the Guidelines model shares some characteristics with ‘realist’ models of film such as the one presented by Siegfried Kracauer in his book Theory of Film: The Redemption of Physical Reality
(1997). The Guidelines model, like many of the realist models, clearly privileges live-action film.
However, unlike Kracauer’s model, the Guidelines model does not completely dismiss non- photorealistic animation.
The Guidelines model is even more consistent with a model of film presented by Christian
Metz early in his career. While Metz is better known in Film Studies for his work concerning psychoanalysis and semiotics, some of his earlier work took a more phenomenological approach and dealt more directly with how people understand the world through their sense impressions rather than through, for example, linguistic or unconscious processes. His chapter ‘On the
Impression of Reality in the Cinema’ (1974) proposes the dimension of movement as the primary source of film’s potential to affect spectators. This emphasis on movement would explain why animated films are capable of affecting audiences, even when the animation is not photorealistic.
However, a closer reading of Metz’s chapter will show that he still privileges live-action cinema as more capable of ‘impacting’ on spectators (to borrow a term from the Guidelines for the
Classification of Films and Computer Games). As a result, Metz’s model establishes a tiered system where live-action film is, all other things being equal, more capable of affecting audience members than an animated film. When considered in conjunction with Kracauer’s model, Metz’s model also allows for special effects to heighten the impact that a film can have on an audience member. As such, it is highly consistent with the implicit model of film from the Guidelines for the
Classification of Films and Computer Games.
30 In this sense, the term ‘ontological’ refers to the investigation of a thing or system that seeks to reveal its essential components. Arguably the most famous ontologies offered by a film theorist is Andre Bazin’s essay “The Ontology of the Photographic Image’. Bazin’s theories will be briefly addressed in this chapter.
79 Siegfried Kracauer’s Theory of Film and Christian Metz’s ‘On the Impression of Reality in the Cinema’
Before looking at the model that is implied within the Guidelines, it will be useful to discuss some of the relevant film theories in greater detail so their relationship to the Guidelines mode will be more readily apparent. As already suggested, one such theory can be found in Siegfried Kracauer‘s
Theory of Film:Tthe Redemption of Physical Reality (1997). First published in 1960, Theory of
Film is a realist theory of film that Kracauer started developing as early as 1940 (Hansen, 1994: p.
439). Like the other famous film theorist of the time, Andre Bazin, Kracauer believed that the power of the medium of film rested in its ability to mechanically reproduce images of physical, pro filmic reality (1997: p. 27). Indeed, considering the ongoing debates that Bazin still inspires within academic film circles, one might conclude that he would be a better theorist to cite.31 However, some of the qualities that attract academics to Bazin are also what make him inappropriate for an investigation such as this. Bazin’s ‘theory’ of film is presented in a series of essays and film reviews, of which only a few dozen have been translated into English (he produced over sixteen hundred articles in his career). These different works do not always seem to be consistent with one another. Proponents of Bazin argue that this is largely due to the nuanced and subtle nature of his attitudes to the medium.32 This may indeed be the case, but the contradictory nature of his work makes it impossible to extract a single model. The comparatively straightforward and consistent model of Kracauer’s is far more appropriate for this case.33
It is important to keep in mind that this inquiry is focused on Theory of Film and not the
31 See Morgan (2006), DiIorio (2007), Gunning (2008), Jeong and Andrew (2008). 32 See Totaro (2003) 33 This is not to suggest that Kracauer’s Theory of Film is devoid of nuance. As Miriam Bratu Hansen points out in her introduction to the 1997 publication of Theory of Film, Kracauer’s preliminary writings for the book, which can be dated back to 1940-1941, relate the medium of film to the experiences of the Second World War and modernity. As Hansen puts it: “Kracauer incorporates the threat of annihilation, disintegration, and mortal fear into his film aesthetics – as a fundamental historical experience of reality” (Hansen in Kracauer, 1997: p.xv). Similar sentiments can still be seen in the epilogue of the published book. However, while these assessments may help to explain Kracauer’s motivation for his aesthetic model, it is the aesthetic model alone which is of interest to this current inquiry.
80 entirety of Kracauer’s work on film. Earlier in his career, Kracauer undertook some writing on animation, such as a particularly famous critical review of Walt Disney’s Dumbo. In her book
Hollywood Flatlands (2002), Esther Leslie expands on Kracauer’s objection that Dumbo betrays the fantastical opportunities of animation in favour of a sort of realism. So, it certainly appears that
Kracauer thought about the potentials of animated film. However, as this chapter will show, the model that Kracauer proposes in Theory of Film relegates animation to a lesser standing than live- action film in terms of its capacity to emotionally impact on spectators. The way in which Kracauer privileges live-action film over animated film is similar in many respects to how the Guidelines for the Classification of Films and Computer Games also privileges the capacity of live-action film to impact on spectators.
The marriage of realism and formalism makes Kracauer’s Theory of Film very useful for this inquiry. As will be shown, the Guidelines model does not simply assume live-action film to be the most impactful form of the medium. It acknowledges that certain techniques and special effects can also contribute to the impact of a film or scene. Kracauer acknowledges this potential in his analysis of the realism and formalism as the two major tendencies in the medium of film. Realism, as mentioned above, refers to the privileging of the medium’s potential to record some aspects of physical reality with minimal interference from a subjective being. Formalism, on the other hand, privileges the medium’s capacity for being manipulated by skilled practitioners. This manipulation may take the form of camera perspective, use of lighting, colour or even special effects. Kracauer’s solution to these two seemingly opposite tendencies is that:
…everything depends on the ‘right’ balance between the realistic tendency and the formative tendency, and the two tendencies are well balanced if the latter does not try to overwhelm the former but eventually follow its lead (Kracauer, 1997: p. 39).
In other words, formalism is permissible within Kracauer’s theory if it seeks to reinforce the relationship that the filmic text holds to material reality.
81 This marriage of the realist and formalist tendencies can potentially lead to an increased impact for spectators. Consider, for example, a scene of a person violently assaulting another person. The ‘strictly realistic’ approach (if such a term can be used) would suggest that this action should be recorded and presented in a single take. This sort of ‘naïve realism’ has been incorrectly attributed to Kracauer by some of his critics (Schlüpmann and Levin, 1970: p. 111). However, such an approach would severely limit the potential coverage of the event from different perspectives. By recording the scene from several perspectives and editing them together, one could potentially show more of the assault. As such, this application of formal techniques would complement the film- maker’s attempt to show the assault.
There are, however, drawbacks to any attempt to assimilate Kracauer’s Theory of Film to the
Guidelines model. The first is the ideological dimension to Kracauer’s theory. The desire to put faith in the cinematic image (even when one knows it is in part contrived) is the basis of Kracauer’s
Theory of Film. In the epilogue of the book he offers some indication of why he views this faith as important; observing, in particular, the decline of pre-enlightenment beliefs such as religion (1997: pp. 287-288). He also sees the development of liberal thought and reason, which arose at the beginning of the Enlightenment period, as being on the wane (pp. 288-289). Kracauer believes that the enterprise of science, which gained momentum during the nineteenth and twentieth centuries, is leading the world down a path of ideological malaise. This is partly because of science’s tendency towards abstraction and cold quantification (p. 292). He also notices that ‘people’ (Kracauer tends to frame all of humanity in such collective terms) are driven to consume technology, especially media technology, without being particularly concerned about the message’s quality (p. 293). He cites the example of “canned music” on the radio as background noise as an example of this indiscriminate consumption of technology (p. 293).
Kracauer notes that human contentment is further compromised by the application of psychoanalysis to understanding cultural and spiritual phenomena (1997: p. 293). This
82 psychoanalytic reduction of culture to unconscious psychical processes sterilises ideological realms, such as patriotism and religion, in which people used to believe. The concurrent rise of relativism also undermines people’s capacity to subscribe to absolutes and traditional norms (p. 293).
Ultimately, Kracauer sees the abstraction and dissociation from material reality as a sort of modern illness that needs to be cured.
Kracauer sees film as a potential cure to the modern illness through its capacity to reflect material reality. This is because he sees the reflection on material reality as the best way to shed the tendency towards abstraction that is causing the illness (Kracauer, 1997: p. 296). As Kracauer puts it:
In trying to meet this challenge, we may not be able to cast anchor in ideological certainties, yet at least we stand a chance of finding something we did not look for, something tremendously important in its own right – the world that is ours” (ibid).
This assessment of the aesthetics of film as antithetical to ideology is not an insurmountable problem when comparing his Theory of Film to the Guidelines model. Rather, the major problem comes out of his faith in the reproduction of physical reality. Like many realist film theorists,
Kracauer considers the power of film to lie in its capacity to record images of real things (1997: pp.
27-28). In this sense, film is seen as an extension of photography (p. 27).
Because Kracauer identifies film as essentially photographic in nature, his model does not recognise animation as part of the medium. Kracauer states at the beginning of the book that
“cartoons”, or non-photorealistic animation, are not considered within his theory (1997: p. xlvii).
Photorealistic animation, that is, imagery where one cannot easily distinguish whether it is photographic or hand-created, seems to fare even worse. Although Kracauer was writing before digital technology made such animation a possibility, it is clear from his writings that such works would destabilise the premise behind his theory.34 After all, if one could no longer trust the filmic
34 A similar observation was made by Stephen Prince in his essay ‘True Lies: Perceptual Realism, Digital Images, and Film Theory’ (1996), who notes that, in certain ways, “digital animation can fail to perform Kracauer’s redemption of physical reality” (p. 30).
83 image’s relationship to pro filmic reality, how could that image provide a cure to Kracauer’s modern illness? So, although Kracauer’s theory is very appropriate in certain ways, his dismissal of animation means that other film theories must also be considered when evaluating the Guidelines model in relation to film studies.
The model presented in Christian Metz’s chapter ‘On the Impression of Reality in the
Cinema’ does not suffer from the drawbacks that can be seen in Kracauer’s theory. The model that
Metz outlines in this chapter is very simple but manages to address many aspects of the medium of film. Metz meditates on what particular aspect of film gives it the capacity to affect audience members. He draws a basic conclusion: movement. The dimension of movement offers a sense of presence or immediacy to a film (Metz, 1974: pp. 5-7). The rationale behind offering presence, as opposed to any other aspect of the filmic image, is based on Metz’s claim that movement is a visual phenomenon rather than a material one (1974, p. 9). The unreal aspect of a film is that it only records and presents the images of things, not the things themselves (Metz, 1974: p. 8-9). It is easy to tell the difference between a film of an apple and the apple itself: one is actually an apple and the other is not. However, the difference between the motion of a thrown apple in reality and on film is harder to qualify. When considered as a purely visual phenomenon, the motion depicted on screen is just as legitimate and actual as the motion of the pro filmic event.
This emphasis on motion has the potential to overcome the major weakness of Kracauer’s
Theory of Film. If movement has the potential to offer a sense of presence in and of itself, then animation can be understood to affect audience members. Metz’s theory would recognise the potential for special effects to contribute to the impact of the image. In fact, if one were simply to concentrate on the role that movement plays in the medium, one would inevitably conclude that animated films would affect audience members to an equal degree as live-action films.
But this seems counter-intuitive. After all, a scene of Elmer Fudd blowing Daffy Duck’s face off with a shotgun is unlikely to affect an audience member in the same way as a live-action re-
84 enactment (even after taking into account the storyline, and the fact that Daffy is very much unlike a normal duck). Surely any such theory should recognise that, even if non-realistic animated films are capable of impacting on viewers, it would not be to the same degree as live-action films?
Actually, Metz does acknowledge the privileged status of live-action film, but only implicitly. At the time of Metz’s essay’s publication, animation was not widely written about by film theorists.35 Two of the main theorists that Metz relies on through his essay are Andre Bazin (p.
8) and Roland Barthes, in reference to his theorising on photography (p. 5-6). Also, Metz suggests throughout the essay that he equates cinema with live action. This can be seen in his references to cinema as “animated photography” (Metz, 1974: p. 8). So, although Metz presents the novel argument that motion is the potent factor in forming the impression of reality, he is also relying on earlier theories of film which recognise live-action film’s relationship to pro-filmic reality. His theory implies that the effect of film on spectators is due to a combination of these two factors.
A model combining aspects of both Kracauer’s and Metz’s theories stands at the heart of this current inquiry. As will be shown through this chapter, the Guidelines for the Classification of
Films and Computer Games contains a model that privileges live-action cinema, yet allows for animated films to impact on spectators as well, albeit to a reduced degree. In addition, the model allows for cinematic techniques and special effects to increase impact for live-action film. Metz’s broad claims about movement are very much consistent with the Guidelines model. Also, if
Kracauer’s general theory about film is embraced but his ideological basis (which excludes animation from his Theory of Film) is disregarded, then it complements Metz’s theory quite well.
Together, they form a model which accurately reflects the implicit model from the Guidelines for 35 This dearth of writing on animation within Film studies is something that was noted as late as 1991. Alan Cholodenko noted this in his book Illusion of Life: Essays in Animation (1991). This book was a collection of papers for the first ever international conference on animation. In his introduction he states:
In terms of scholarship, animation is the least theorized area of film. In neglecting animation, film theorists – when they have thought about it at all – have regarded animation as either the ‘step-child’ of cinema or as not belonging to cinema at all, belonging rather to the graphic arts (p.9).
Sixteen years later, the situation had changed considerably. The dramatic shift in attention towards animation prompted Cholodenko to release another book in 2007. The Illusion of Life II: More Essays on Animation was a collection of papers for another international conference on animation.
85 the Classification of Films and Computer Games.
This model is important for understanding how animated films are classified in the
Australian system. It is especially important for understanding how animated films with adult content are treated differently from live-action films with adult content. Because the model implies that animated films should be subject to lesser scrutiny than live-action films, it means that animated films may explore themes and activities that live-action films cannot. However, the model still supposes some level of impact from non-realistic animated imagery.
The Guidelines for the Classification of Films and Computer Games Revisited
This film theory provides a means to focus on the implicit model for understanding the impact- potential of film as a medium in the Classification of Films and Computer Games.
The Guidelines for the Classification of Films and Computer Games, in accordance with the
Classification (Publications, Films and Computer Games) Act 1995, divides classifiable content into six elements: nudity, drug use, language, sex, violence and themes. These six elements are evaluated in each film on a scale of impact ranging from ‘very mild’ (G) through to ‘high’ (R18+).
Elements that are deemed to be ‘very high’ in impact are refused classification (RC). The only rating which is exempt from this impact test is X18+, which is subject to special conditions that prohibit any form of violence or coercion, but allow graphic depictions of actual, non-simulated sexual activity.
It is the Guidelines for the Classification of Films and Computer Games which, more than any other of the Australian classification system’s documents, determines what ratings individual films should receive. For the better part, the Guidelines do not give concrete explanations about how to apply these ratings. The section devoted to context is only three sentences long, and does not give any examples of how context may mitigate a rating. Likewise, most of the ‘Assessing Impact’
86 section is similarly vague. Not only is the impact scale given no point of reference, the very term
‘impact’ is not explicitly defined.36 However, one part of the ‘assessing impact’ section does offer examples of how to apply the scale. It offers seven techniques in which the impact of a scene or film may be higher than if it didn’t contain these techniques. The passage reads as follows:
Impact may be higher where a scene: • contains greater detail, including the use of close-ups and slow motion • uses accentuation techniques, such as lighting, perspective and resolution • uses special effects, such as lighting and sound, resolution, colour, size of image, characterisation and tones • is prolonged • is repeated frequently • is realistic, rather than stylised • encourages interactivity. (The Guidelines, p. 5-6, emphasis from the original text)
Each of these examples offers some information as to how the authors of the Guidelines believe film can affect spectators. First, there is the issue of ‘greater detail’. This allows a spectator to more clearly analyse an image than a non-emphasised shot would allow. Hypothetical examples of where higher detail may increase impact include sex scenes, nudity, drug use or on-screen violence.
Effects which emphasise such actions may have the side effect of reducing their relationship to the context of the story. By isolating and emphasising the classifiable action, the story becomes a mere vehicle for the high-impact imagery rather than having any significance in and of itself.
This justification is quite consistent with Metz’s theory in his essay ‘On the Impression of
Reality in the Cinema’. Because Metz’s theory asserts that the dimension of motion gives the impression of immediacy, what is being shown on the screen is more immediately important to the viewer than the image’s greater context. The more an action is isolated and emphasised, the weaker the relationship the shot has to its context.
The second issue is that of ‘accentuation techniques’. Elements like lighting, perspective and
36 Through its use, however, the term ‘impact’ is implicitly defined. It appears to refer to the emotional (and sometimes physical) reactions that are elicited by different types of filmic content. The classification system is only concerned with content that promotes reactions that are broadly considered negative, such as fear, horror or disgust. Positive or constructive reactions such as humour, optimism or sympathy are not regulated by the Australian classification system.
87 resolution can serve to offer a tone to the image that may not otherwise be noticeable. Consider perspective. One of the oldest techniques in the film-maker’s arsenal is the low-angle shot.
Depending on the composition of the shot, a camera angle that looks up at a person may give the impression that they are more imposing than if the shot was taken from a level camera angle.37
Likewise, the perspective of a camera can be used to emphasise an aspect of a shot, much like slow motion and close-ups. Lighting is also a powerful technique in this respect. Clearly, lighting has the effect of making a part of a shot more visible, while the parts of a shot that are poorly lit are less visible. While a poorly lit aspect may have the effect of attracting a spectator’s attention in some cases (such as in some horror films), for the better part, lighting emphasises an aspect of a shot and lack of lighting de-emphasises an aspect of a shot.
The justification of the second example is also consistent with Metz’s theory. The theory emphasises the immediacy of the image. Well-lit elements are apparent and hence more immediate than unlit elements. Perspective is also important, as the immediacy of the image implies that the spectator adopts (in part at least) the camera perspective, and perspective can be used to heighten the tone of certain types of shot. The issue of resolution can also be seen to have equivalence to
Metz’s theory. Higher resolution has the effect of making an image clearer which could theoretically emphasise certain aspects of a shot.
The third example is concerned with ‘special effects’. Normally, the term ‘special effects’ refers to techniques that result in illusion. In other words, special effects are those things, actions or people that are shown in a film, despite the fact that they can in some sense be said to have not actually occurred during filming. Practical special effects could involve rigging apparatuses to perform a desired effect, such as fake exploding limbs in a horror film (in such as case, while the prosthesis would have exploded, no actual limb would have). By contrast, computerised special
37 Of course, this rule is not universal. There is no inherent reason why a low-angle shot should always result in an imposing figure. However, it is nevertheless common to employ the low-angle shot for the reasons mentioned above. Noteworthy examples of imposing low-angle shots can be found in the movies Citizen Kane (1941), and Psycho (1962). A more recent example is Dark Knight (2008).
88 effects are inserted into a scene artificially in the post-production period. An example of this definition of special effects can be seen in the 1996 film Independence Day, where the White House is blown up by a laser beam shot from a space ship.
The Guidelines’ acknowledgement of special effects’ capacity to increase impact is certainly consistent with Metz’s model. However, Kracauer’s theory is also useful to consider in this regard.
Both the Guidelines model and Kracauer’s Theory of Film privilege live-action film as being more capable of affecting viewers than animation (this will be expanded upon later in the chapter). In addition, both the Guidelines model and Kracauer’s Theory of Film recognise the potential for formalism to complement a film’s realistic tendencies. This approach may seem to digress from a realist understanding of film. After all, wouldn’t a film’s realism be unavoidable negatively affected by an unreal event? Clearly Kracauer’s theory (and the Guidelines model) is less concerned with whether a scene is realistic than whether it seems realistic. Visual credibility, or verisimilitude, is the goal.
Kracauer’s model, as well as the Guidelines model, allows for the possibility that special effects can (and often do) heighten the impact of a shot or scene, rather than detract from it. For example, the first sight of a giant glowing Dr. Manhattan in the film Watchmen (2009) is unlikely to cause any spectator to be incredulous to the story. As long as the presence of such a thing does not contradict the narrative, a spectator will have few problems integrating such a thing into their comprehension of the film.38 Despite the character’s fantastical nature, Dr. Manhattan is a corporeal being that moves within the film-world with the same synchronicity as all the other elements in the film. While a special effect may potentially upset a spectator’s credulity to what is represented (for example, a shot of a Dickensian cityscape could be interrupted by a swarm of flying toasters), it is not inevitable that incredulity will always be the end result of utilising special effects.
The fourth and fifth examples are very similar in nature to the first two. The fourth example,
38 Certainly, this sort of comprehension of fantastical elements is not restricted to characters or to narrative films. The above example is used merely because it is suitably illuminating, not because it has universal qualities.
89 the issue of prolonged presentation of classifiable elements, is clearly concerned with the attention that is afforded to contentious actions such as sex, violence or drug use. As with close-ups or slow- motion effects, a prolonged presentation serves to isolate an action from its context and elevate its importance. From a Metzian perspective, where cinema’s effect is largely determined by its sense of immediacy, prolonged presentation of an action will inevitably have more impact as it is removed from the context of the film’s story. A prolonged depiction is less incidental and more a point of meditation for a spectator. So, if that depiction includes material that is offensive or disturbing then it follows that it will be higher in impact than if it was a passing reference or brief shot.
The fifth example, concerning frequency, follows in the same vein. A contentious element that is repeatedly shown can be elevated and isolated from the broader context of the story. An example of this occurring is in the Martin Scorsese film The Departed (2006). Near the climax of the film, several characters get shot in the head with a pistol, at point blank range, by a shooter standing at a side profile to the camera. These ‘shots’ occur in such close temporal proximity that they form a punctuating motif for the scene as a whole. As such, it would be very difficult to claim that these identically-executed head-shots were incidental and necessary to the story. Rather, they serve other purposes. From the perspective of the Australian classification system, they would have potentially increased the impact of the scene.
Again, this interpretation by the classification system is very much consistent with the
Metzian theory that has been discussed in this chapter. If on-screen movements equates to immediacy and immediacy equates to a strong impression of reality, then these repeated actions would have captured the attention and interest of spectators far more than if there was only one briefly displayed head shot in the film. Because the action that is vying for the attention of the spectators can be categorised as a classifiable element – violence – then its high frequency equates to high impact.
The sixth example is particularly important for understanding the place of animated films in
90 the Australian classification system. As such, more time will be devoted to its analysis than to the previous examples.
This example claims that ‘realistic’ depictions of classifiable elements tend towards a higher impact than depictions that could be described as ‘stylised’. As mentioned in the previous chapter, the Guidelines for the Classification of Films and Computer Games do not offer a definition of
‘stylised’ in the glossary. Rather, one must look at how the terms ‘realistic and ‘stylised’ are defined in a different classification document; the Guidelines for the Classification of Publications 2005.
These definitions can be found in the Publications Guidelines’ glossary under the term ‘depiction’, which reads:
Representations through image. Realistic depictions include photographs and illustrations which are close to real life; stylised depictions include cartoons and other unrealistic illustrations and images (The Guidelines for the Classification of Publications, 2005: p. 16, emphasis from original text).
It is reasonable to assume that these definitions apply for films as well as publications.
A 2001 discussion paper published by the then-called Office of Film and Literature Classification expanded on the definitions of ‘realistic’ and ‘stylised’ in regard to films. In the appendices there is a particularly illuminating paragraph:
The level of realism may be an important factor in an assessment of the impact of a product. The Guidelines distinguish between ‘realistic’ and ‘stylised’. This distinction may be apparent in the difference between photo-realism and animation. However, the authenticity of characters, elements or sequences is also taken into account. Authenticity can include factors such as the closeness to real life of situations or settings, the amount of realistic detail in audio-visual depictions as well as the extent to which a character is personalised in portrayals or interactions with a player. In some films and games authenticity may increase the impact and affect the classification, even in animations.39
39 It should be noted that the Office of Film and Literature Classification did not give any authority to this discussion paper. At the beginning of the paper there is the following disclaimer:
This discussion paper... has been developed for consultation purposes only. It does not represent the concluded views of Classification Ministers, the Classification Board, nor of other parties to the national classification scheme.
However, the paper does clarify certain aspects of the classification documents in such a way as to very likely represent the intended policies of the national classification scheme. As such, it is relevant to understanding the classification practices and is relevant to this study.
91 Issues of “authenticity” notwithstanding, the distinction between realistic and stylised depictions has the effect of assuming that non-photorealistic animated footage may have a lesser impact than live-action film. While the wording of the Guidelines for the Classification of Films and Computer
Games does not actually state that this should be the case, the practice has developed that the impact of animation tends to be regarded as low. Further evidence of this can be seen in the first chapter of this thesis, where the Japanese anime films Bondage Mansion, Sin Kan and Holy Virgins were determined by the Classification Review Board to have a reduced impact due to their animated nature. So, rather than realistic depictions increasing the impact of a scene, realism is essentially treated as the norm. Stylised depictions are considered the weaker form.
This disparity between the written word and the real-world practice mirrors the disparity seen in Metz’s essay ‘On the Impression of Reality in the Cinema’. As mentioned earlier in this chapter, Metz’s essay recognises the role that movement plays in establishing an impression of reality for spectators. However, the essay also appears to take the photorealistic status of the filmic medium for granted. It is Metz’s phenomenological standpoint that is pertinent here. In this instance, ‘phenomenology’ refers to the study of a person’s sense impressions. Typically, phenomenological film theory has tended to operate on the assumption that film was live-action and that cartoons were a peripheral form. Andre Bazin, the champion of the Italian neorealist aesthetic, rather famously claimed that film (at least when it is employed by the neorealists) is a phenomenology (Bazin, 1971: p. 65).40 Metz also cites Roland Barthes; in particular he cites
Barthes’ essay on the rhetoric of the image, where Barthes meditates on the capacity of photographs to relate to reality (Metz, 1974: p. 5). In addition to these implicit assumptions, Metz overtly states his assumption that film is a live-action medium. One of the main questions that he posits in his essay is “why the impression of reality is so much more in a film than it is in a photograph” (1974:
40 It should be noted, however, that it is unwise to take such claims by Bazin too literally. As mentioned previously, Bazin’s works consist of many editorials and essays which were published at different times. While it could be the case that these works do indeed form a consistent corpus, if this were the case then any singular statement would have to be evaluated against all other statements in his works. However, Bazin clearly felt so strongly about the potential for film to be a phenomenology (when in the right hands) that he felt compelled to publish the comment in an essay on the neorealist director Vittorio de Sica. As such, the statement should be given some consideration.
92 p. 7). Clearly, despite his emphasis on movement as a major determining factor for immediacy, and hence impact, Metz still assumes the importance of photorealism in cinema.
This does not mean, however, that Metz’s theory excludes animated footage from offering some impression of reality. It simply means that the impression of reality will tend to be weaker than if the depiction was photorealistic. Non-photorealistic animated footage still includes movement, and this movement still offers a sense of immediacy to the spectator. The animated movement is just not complemented by photorealism. It can thus be seen that Metz’s theory, like the model implied in the Guidelines for the Classification of Films and Computer Games, allows for the privileged status of photorealism as well as allowing for the potential of animated film to impact on spectators.
It is at this point that Kracauer’s theory once again shows its compatibility with the
Guidelines model. This compatibility is even clearer when one considers the above cited paragraph from the Office of Film and Literature Classification’s 2001 discussion paper. The distinction between ‘realistic’ and ‘stylised’ depictions is largely based on issues of perceived authenticity. This is very similar to Kracauer’s justification of his realist theory of film. Kracauer recognised that film was a medium that people could imbue with some level of authenticity (Kracauer, 1997: p. 21).
While the Australian classification system is unlikely to have based its aesthetic model on the same sort of ideological grounds as Kracauer, the rationale that Kracauer and the classification system use for privileging realism are otherwise very similar.
The seventh example of the Guidelines model, concerning interactivity, is not particularly important for the movies that are addressed in this thesis. However, it does appear to expand on
Metz’s theory quite well. Keeping in mind that Metz saw immediacy as being a major determining factor in providing an impression of reality, it is clear that interactivity could further reinforce a spectator’s sense of immediacy. A spectator responding to moving images can offer a strong impression of reality by itself, but having that image respond to the spectator has potential to build
93 an even stronger impression of reality.
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The above comparison of Metz’s ‘Impression of Reality’ theory, Kracauer’s realist theory and the implicit model of the Australian classification system has clear consequences for animated films. It certainly assures that animated films are able to incorporate classifiable subject matter that may not be allowed for a live-action film. However, it does not give animated films free rein. The questions thus arise: how should this relaxed attitude towards animated films be applied? Which contentious aspects should be allowed, and which cannot be accommodated within the Australian classification system, regardless of their aesthetic qualities? It is most likely that these questions can only ever be fully answered on a case-by-case basis. However, as individual cases are decided, they will serve as good precedents for future cases that consist of similar subject matter and style.
Alternative Aesthetic Models of Film
It is important to recognise that the model that has been adopted by the Australian classification system is neither objective nor universally accepted. One can see alternatives to the Guidelines’ model by looking at film theories that take issue with Metz’s essay ‘On the Impression of Reality in the Cinema’. Recent theorists such as Lev Manovich and Tom Gunning have questioned the practice of privileging live-action cinema as being more ‘legitimate’ than drawn (or otherwise contrived) animation. Metz himself later developed a theory on narrative cinema, drawing heavily on psychoanalysis, which introduces other aspects besides motion and verisimilitude to explain people’s reactions to films. Other film academics, such as David Bordwell and Noël Carroll, have even brought into question the very notion that any broad encompassing theory can be made regarding the way films affect spectators. This would suggest that any attempts to offer aesthetic examples about how a film’s impact increased would be inappropriate. Some of these alternative
94 models will be addressed in the remainder of this chapter. The purpose of this is to show how different models may alter the end result of the classification process regarding animated films that feature adult content.
The first example is the work of Tom Gunning. Gunning’s 2007 essay ‘Moving Away from the Index: Cinema and the Impression of Reality’ is a contemporary critique of classical realist theories of the cinema.41 Gunning’s main claims in this essay relate to the concept of indexicality and how it applies to film. The index, as it applies to film theory, is a term that has been borrowed from the discipline of semiotics, or the linguistic study of signs. An indexical sign is one that is existentially connected to its referent. For instance, a footprint could be considered an indexical sign of the foot (or person) that made it. Another possible example is the image captured by a photographic camera. The image that is formed on the celluloid strip is a facsimile of the image that is seen through the lens of the camera.
In his essay, Gunning’s main claims focus on how indexicality (or at least how the term has been commonly employed in Film Studies) is not necessarily a reliable indicator on how film is capable of impacting on spectators. He tackles this issue on two fronts. First, he attacks the widely- held belief that digital film, in contrast to celluloid film, is non-indexical. Gunning sees this as a naïve understanding that mistakenly equates indexicality to the analogue form (2007: p. 31).
Second, he points out that theories that suppose cinema as an index of pro-filmic reality exclude many examples that would otherwise be considered part of the medium; namely, animated films (p.
34).
Gunning finds a kernel of a solution to this second problem in Metz’s ‘On the Impression of
Reality in the Cinema’. He sees Metz’s emphasis on movement as an alternative approach for establishing filmic realism. After all, from a purely visual perspective, the experience of watching, say, a ball rolling down a hill on film is indistinguishable from seeing an actual ball rolling down a
41 In his essay, Gunning defines classical film theory as the pursuit to establish the essence of cinema (Gunning, 2007: p. 34). As such, realist theories such as Kracauer’s would certainly fall under this definition.
95 hill (Gunning, 2007: p. 43). By adopting Metz’s idea that movement helps to elicit an impression of reality for spectators, Gunning proposes a model for understanding film that allows animated films to be understood within a realist aesthetic.
Clearly, Gunning’s reading of Metz’s essay downplays an aspect that has been addressed earlier in this chapter: the assumption that the ‘impression of reality’ theory can only be applied to live-action films. It is easy to see the appeal for Gunning in downplaying this issue. Gunning’s approach could reintegrate non-photorealistic animation into the world of academic film theory.
This would allow for animated films to have a similar level of impact for spectators as photorealistic film.
Such a model, if applied to the Guidelines for the Classification of Films and Computer
Games, would have a noticeable effect. While the current model suggests that stylised film will tend towards a lesser impact than photorealistic or live-action film, Gunning’s model would give a stronger recognition of the impact-potential of non-photorealistic animation. This could satisfy critics of the current classification system who feel that animation operates as a means for allowing content that the broader society does not want to be available in Australia.42
Another recent theorist, Lev Manovich, has critiqued classical realist film theories. In his book The Language of New Media, Manovich makes a similar observation about Metz to the one made in this chapter: specifically, that Metz took for granted that live-action film was the subject of film theory and that animation, for the better part, was not (Manovich, 2001: p. 294). In his work,
Manovich repositions live-action film as a subcategory of the broader field of animation. This is in contrast to the common perspective in classical film theory than animation is peripheral to live- action cinema (Manovich, 2001: p. 302).
Manovich’s model of film, like Gunning’s, suggests a relationship between live-action film
42 The Australian Family Association appears to oppose the notion that animated films possess an inherently lesser impact than live-action films. As mentioned in the first chapter, the AFA provided the Classification Review Board with written submissions requesting that the films receive a more restrictive rating than R18+. A subsequent article in the AFA’s newsletter wrote about the classification review of these films that “This review enabled us to argue strongly against any notion that animation of itself was sufficient to allow a film to be classified R rather than X or RC” (Conway, 2008: p. 5)
96 and non-photorealistic animation where one is not necessarily subordinate to the other in terms of their impact-potential. If such a model were adopted for the Australian classification system, no distinction would need to be made between ‘realistic’ and ‘stylised’ films. This would give classifiers greater freedom to choose whether the aesthetic properties of a film heightened or lessened its impact. While the current examples in the Guidelines for the Classification of Films and Computer Games are examples of what may increase impact (as opposed to what will increase impact), they nevertheless restrict the classification process by establishing the norms that classifiers are expected to follow. By employing alternative models, such as those proposed by
Gunning or Manovich, those norms would be changed.
Of course, this Manovich/Gunning approach may not be the best approach to ensure that classification ratings are consistent with the values of ordinary Australians. By failing to acknowledge any qualitative difference between non-photorealistic animation and live-action film, these theories disregard the authority of the live-action image. As has been shown in the case of
Metz, this authority was so integral to some earlier theories that the writers did not even think to directly address it. While this does not invalidate the theories of Gunning and Manovich, it is important to remember that most people do draw some distinction between the two forms, even if the distinction is not applicable for one hundred percent of films.43
Another alternative to the Metzian ‘impression of reality’ thesis could be a model based on the later work of Christian Metz. Later in his career, Metz turned to psychoanalysis and semiotics to explain the various ways in which the medium of film was able to impact on its viewers. One specific aspect that it introduces is the multifaceted concept of ‘identification’. This concept borrows from Lacanian psychoanalytic to explain how viewers are able to make sense of films.
Primary identification, the most fundamental form of identification, is where a viewer identifies with the camera position or themselves as a mode of pure perception (Metz, 1977: p. 49). This means that the viewer will place themselves, so to speak, within the world of the film as a
43 For a more detailed analysis of the issue of media essentialism and specificity, see Darley (2007).
97 disembodied, all-perceiving subject. Metz also identifies a secondary identification, which is based on the idea that viewers will tend to identify with characters or actors in a film (in the circumstance that they are watching a film that has characters or actors) (Metz, 1977: p. 47). Importantly, Metz does not distinguish between live-action and non-photorealistic animated film for these forms of identification. This allows for a greater fluidity in regard to animation and photorealistic film than his earlier essay allows.
Metz’s theory, like Gunning’s, would allow for a different kind of scrutiny of animated films were it applied to the Australian classification system. However, it would do so for different reasons. Gunning’s model assumes that the animated footage would be just as impactful as live- action film on physiological grounds. In other words, it is the spectator’s physical and emotional reaction to perceived stimuli that determines the impact. For later Metzian theory, however, the impact is psychological in nature. It is related to how all people, through their psychological development, come to comprehend themselves as subjects and social beings.
The Australian classification system could certainly produce different hypothetical outcomes for adult animated films if they adopted this later Metzian model. Like Gunning’s model, it holds less clear regard for live-action cinema as a more impactful form. However, the two theories reach their conclusions about animation and live-action film in different ways. Metz’s focus on identification would allow a more nuanced review of how character and mood can impact on spectators. The current classification system focuses on actions rather than the way a film may compel viewers to identify with certain perspectives or characters. For example, physical violence is easily classified but psychological violence, if classified at all, would have to be placed under the vague and blurry category of ‘themes’. A later Metzian model, with its emphasis on identification, would allow for a more efficient classification for such non-physical elements. By acknowledging the psychological factor in how viewers make sense of films, this approach has the potential to address the inadequacies of the Australian classification system’s attempt to censor films according
98 to an understanding of verisimilitude based on physical actions and formal techniques.
David Bordwell and Noël Carroll adopted a different approach to that of Christian Metz.
Throughout his career, Metz was largely concerned with developing theories of film that could be broadly applied. Bordwell and Carroll have been highly critical of such ‘Grand Theorising’. This can be seen in their 1995 book Post-Theory: Reconstructing Film Studies, an inquiry based on prior works of Bordwell, Carroll and their contemporaries. This book proposes an alternative approach to film theory that does not require a monolithic model into which all films had to be fitted. The proposed approach emphasises the importance of “middle-range inquiry” (Bordwell and Carroll,
1995: p. xiii). This type of inquiry involves a ‘bottom-up’ approach, where theorists develop theories from specific films and bodies of evidence. These theories are not required to be integrated into a larger theory that covers all aspects of film. This approach contrasts with the ‘top-down’ approach that Carroll and Bordwell see as being a weakness of ‘Grand Film Theory’ (Bordwell,
1995: p. 21).
Although Bordwell’s and Carroll’s approach rejects attempts to develop a universally applicable theory, they do champion an approach that may be appropriate for evaluating how film aesthetics can affect spectators. The cognitivist approach to film studies draws on the studies of human cognition that originated in the field of psychology. The approach aims to provide film studies with the methodological benefits of what is often called the ‘scientific method’ (Carroll,
1992: p. 201).44 Because cognitivism is such a large field that has impacted on so many disciplines, it would be a massive undertaking to apply this approach to the Guidelines. However, if such an undertaking was achieved then it would give scientific legitimacy to the classification process. The
44 In his article on cognitivism and film theory, Joseph Anderson (1992) writes the following:
Science is built on the assumption that there is a physical world and it can be known by observation. In general, science proceeds by the assumption of hypotheses about the world which are then tested. The tests are required to be open and repeatable, and results are continually questioned and re-evaluated (p. 178).
The application of these principles is consistent with what may be referred to as the ‘scientific method’. As such, cognitive film theory involves applying scientifically rigorous theories to understanding how the medium of film is capable of affecting spectators.
99 Guidelines’ model for understanding film could be supported by actual empirical findings into human perception, as well as psychological and physiological responses to visual stimuli.
Unfortunately, due to the ongoing experimental nature of the scientific method, the Guidelines would need to be under perpetual review (to an even greater degree than it currently is). Any new developments in cognitive theory may require reviews of previous classification decisions. So, although there may be some benefit to applying a cognitivist approach, its drawbacks may render such a system unworkable.
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From these above examples, it should be clear that the model for understanding film that is currently employed by the Australian classification system is not the only potential model that could be used. The belief that photorealism or live-action film is inherently more impactful than animation has been challenged from multiple perspectives. For better or worse, new media theorists have sought to corrode the privileged status of the indexical celluloid image. Psychoanalytic film theories have attempted to highlight the ways in which identification occurs when audience members watch films. This has potential for altering ‘classical’ understandings of the medium. Post- theorists have sought to rewrite the rules for film theory by abandoning the idea of a Grand Theory altogether in favour of less ambitious, more attainable goals. One of the offshoots of this endeavour has been the cognitivist approach which, while beneficial for many applications (and a counterpoint to the possible methodological weaknesses of psychoanalytic theory), may prove impractical for a proscriptive model such as what is required for the Guidelines.
While a few criticisms of these alternative models have been included in this chapter, it should be noted that these criticisms are not exhaustive. All of these theories, if incorporated into the Australian classification system, would result in new concerns. However, any of them could be integrated into the Guidelines for the Classification of Films and Computer Games without resulting in the Australian classification system’s utter failure. Or, at the very least, the system’s
100 utter failure would be very unlikely.
From the analysis undertaken in this chapter, it can easily be seen that the Guidelines’ implicit model for understanding film has a definite effect on how non-photorealistic animated films are treated by the Australian classification system. On the one hand, animation is very much treated as being within the bounds of what can be defined as ‘film’. On the other hand, however, superiority of live-action film’s impact-potential is still recognised. This may be a suitable perspective for evaluating certain types of animated film or films that contain uncontroversial subject matter, but for certain other types of animated film or films with adult subject matter this may not be the case.
101 Conclusion
The films that have been addressed in this thesis illustrate the problems with the Australian classification system’s policies regarding animated films. Clearly, the depiction of graphic sexual activity is the sort of content where, if the films were live-action, they would normally be accommodated within the X18+ rating. However, the depictions of fetishes and coercion in animated films such as Bondage Mansion, Sin Kan and Holy Virgins mean that these films cannot be accommodated within the X18+ rating. By interpreting these animated films as being of lesser impact than live action films, the Classification Board and Classification Review Board were able to accommodate some of these films within the R18+ rating. However, the upshot of this decision is that there are now some animated films available for (adult) public consumption which, under most circumstances, would not be permitted.
This thesis has shown that the main reason for this double-standard is the way in which the
Australian classification system distinguishes between animated and live-action film. As was seen in the first chapter, the Japanese anime films the Classification Review Board reviewed in 2008 were given more permissive ratings than would have been given to live-action films of the same content. The only film which was an exception to this was Holy Virgins, which was refused classification. However, even in that instance, the Classification Review Board noted that “the impact of the sex scenes was greatly diminished by the animation of the film” (Classification
Review Board, 2008: p. 5).
This approach to film classification which devalues the impact-potential of animated films is not simply due to the personal opinions of the classifiers regarding film aesthetics. It is entrenched in the legislation and supporting legal documents of the Australian classification system. This entrenched attitude is most clearly visible in the ‘assessing impact’ section of the Guidelines for the
Classification of Films and Computer Games (pp. 5-6). By presenting a series of examples of
102 techniques which have the potential to increase a film’s impact, the Guidelines imply a model for understanding the medium’s capacity to shock or offend viewers. This model contributes to the series of matters and principles which classifiers are obligated to take into account during their assessment of a film.
The Guidelines model attempts to explain the affective powers of film from a perspective that recognises both the realistic and formalist potentials of the medium. This recognition of the power of formal techniques can be seen in the ‘assessing impact’ section, which notes the role that special effects, lighting, perspective, resolution and other techniques can play in determining the impact of a film (the Guidelines, pp. 5-6). In addition, the ‘assessing impact’ section also recognises the special role that photorealism can play in the affective power of films (the Guidelines, p. 6).
This model allows for a nuanced understanding of live-action film’s potential to achieve verisimilitude through the use of formal and realistic techniques. However, the model does not operate effectively when applied to animated films containing adult content such as depictions of sexual activity and sexual violence. In the cases of the Japanese anime cited in this thesis, the
Classification Review Board recognised the films’ animated nature as a higher influence on impact than the use of formal techniques. This is especially evident in Bondage Mansion and Sin Kan, where the films received R18+ ratings. These ratings were awarded to the films despite their content which, had the films been live-action, would have necessitated an RC rating. It is also despite the fact that various formal techniques such as close-ups and high resolution were employed to emphasise the contentious content of these films.
The Guidelines model has strong correlations with the models presented in Siegfried
Kracauer’s Theory of Film: The Redemption of Physical Reality (1997) and Christian Metz’s On the
Impression of Reality in the Cinema (1974). These correlations can be seen in both the capacity of these three models to effectively evaluate live-action film and their incapacity to effectively evaluate adult live-action film. In all three cases, this incapacity to deal with animation derives from
103 an assumption that live-action is the legitimate form of film and that animation is a secondary issue.
However, films like Bondage Mansion, Sin Kan and Holy Virgins demonstrate that such a dismissive attitude towards the potentials of animated films may no longer be sustainable.
This limitation of the Australian classification system could potentially be rectified by modifying the model of film implied in the Guidelines for the Classification of Films and Computer
Games. As was shown in the third chapter of this thesis, film theories that utilise the psychoanalytic concept of identification may positively contribute to the classification process. This thesis has suggested that certain elements of Christian Metz’s psychoanalytical film theory may contribute to a more comprehensive approach to assessing impact than the current aesthetic model that is incorporated into the Guidelines for the Classification of Films and Computer Games. Metz’s theory proposes that film audience members can establish identifications within the film world, either through characters or, more integrally, through the camera position as a mode of pure perception.
One of the major benefits of Metz’s theory of identification is that it does not rely on a solid distinction between form and content. Rather, it focuses on the overall effect of an audience member’s perception of the screened images. If such an approach were integrated into the
‘Assessment of Impact’ section of the Guidelines for the Classification of Films and Computer
Games, it would give less scope for assessing a film based on its separate elements. Rather, it would give classifiers and reviewers more scope to holistically evaluate a film’s potential to shock, upset or offend viewers. This would result in more consistent classification ratings, making for a more effective and efficient classification system.
One objection that could be made to this proposal is that ‘identification’ is a fundamentally subjective phenomenon. Considering that the Australian classification system operates as a legal body (or series of bodies), such subjectivity can be seen as a bad thing. However, the Australian classification system already recognises the importance of subjective values. The Classification
104 (Publications, Films and Computer Games) Act 1995 states that classifiers and reviewers must consider the “standards of morality, decency and propriety generally accepted by reasonable adults”
(The Guidelines: p. 4). The wording of this quoted sentence makes it clear that the authors of the document realise the subjectivity of the task at hand. The Classification Board and the
Classification Review Board actively attempt to address this subjectivity by recruiting persons who collectively represent as much of the spectrum of Australian society as possible (The Classification
Website, “Classification Board”, 2011). So, a change to an identification-based model of assessing impact will not so much upset the current system as simply empower classifiers to make decisions based on their personal and collective values. Considering that the recruitment process would certainly involve an assessment of the classifiers and their capacity to reflect community interests, such a shift to an identification-based model seems appropriate and practical.
Other film theories may also make useful contributions to the film classification process.
The field of cognitive film theory has the capacity to provide scientifically rigorous information about how human beings understand and react to audiovisual media. By identifying links between applications of media and human behaviour, it may one day be possible to establish a classification system based on falsifiable scientific facts. If this ever happens, however, it will be a long way into the future. Different studies into media psychology have produced results that reinforce a variety of different opinions across the liberal-conservative spectrum. The problem with establishing any fundamental link (or fundamental lack-of-link) between films and personal attitudes/actions is the huge number of variables involved in human psychology. For instance, it may be true that certain persons may become more aggressive after watching a violent film, but that could be because of a violent disposition that makes them more likely to seek out violent films. In such a case, the violent film cannot be justly blamed as the source of the viewer’s aggression, nor does it make sense to prohibit non-violent persons from watching that film. It is theoretically possible to produce causal links between texts and actions, but the variables involved are so complex that it will take a very
105 long time to make any headway. As such, cognitive film theory is in no position to contribute to current film classification policy.
There are potential objections to replacing the Guidelines’ aesthetic model with a model based on identification. Such objections can be seen from some representatives of the cognitivist and post-theory camps. One of the major objections is that psychoanalytic theory lacks scientific rigour. There is some validity to this criticism. If one expects that theories of the mind require falsifiable hypotheses based on objective empirical enquiry, then many psychoanalytical theories will not hold up to scrutiny. However, a theory does not have to be scientifically verifiable to be practically useful. Theories of identification cross the divide between form and content. The
Australian classification system’s incapacity to easily deal with adult animation is based on its perception of form and content as separate realms. If theories of identification can solve this problem then they should be entertained. Adherents to scientific rigour can continue to work on a more appropriate solution if they wish. However, potentially useful solutions should not be dismissed simply because they fall short of certain (potentially unattainable) ideals. If a new theory has the potential to deal with more issues than the current theory, there is a certain responsibility to take advantage of it.
I would like to think that this thesis has helped to demonstrate a larger issue as well; namely, the potential of Film Studies to contribute to classification policy in general. After all, one of the major issues at stake when classifying or censoring film is how audience members are likely to understand and interpret that film. This is an issue that has motivated film theorists since the early days of the discipline of Film Studies. If the Australian classification system overlooks film theorists as a potential authority regarding film classification, then they risk ostracising some of the most valid and useful perspectives on the subject. If film theorists are not willing to wade into national conversations about classification and censorship, then they risk depriving the Australian classification system of important and legitimate perspectives on the matter. This will do a
106 disservice to Australians, and will also do a disservice to the discipline of Film Studies.
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113 Legislation Cited
Classification of Films Act 1991 (Queensland)
Classification (Publications, Films and Computer Games) Act 1995 (Commonwealth).
Classification (Publications, Films and Computer Games) Enforcement Act 1995 (New South
Wales)
Criminal Code Act 1995 (Commonwealth)
114 Films, Television Series and Original Animation Video Series Cited
9 Songs, 2004, motion picture, Revolution films. Directed by Mike Winterbottom.
À bout de souffle [English title Breathless], 1960, motion picture, Les Productions Georges de
Beauregard. Directed by Jean-Luc Godard.
Aladdin, motion picture, Walt Disney Pictures. Directed by Ron Clements and John Musker.
Anatomie de L’enfer [English title Anatomy of Hell], 2004, motion picture. Directed by Catherine
Breillat.
Bondage Mansion, 2000, Original animation, Digital Works. Directed by Norihiko Nagahama.
Citizen Kane, 1941, motion picture, Mercury Productions. Directed by Orson Welles.
Cowboy Bebop: The Movie, 2001, motion picture, Bandai. Directed by Shinichirõ.
Dark Knight, 2008, motion picture, Warner Brothers. Directed by Christopher Nolan.
Dead Space: Downfall, 2008, motion picture, Electronic Arts. Directed by Chuck Patton.
Dead Space: Aftermath, 2011, motion picture, Electronic Arts. Directed by Mike Disa.
The Departed, 20006, motion picture, Warner Brothers. Directed by Martin Scorcese.
Dragon Ball Z, 1989-2003, television series, FUNimation Entertainment.
Dreamquest, 2002, motion picture, Adam and Eve Productions. Directed by Brad Armstrong.
FlCl, 2001, television series, Gainax.
The Flintstones, 1957-1966, television series, Hanna-Barbera Productions.
Harry Potter and the Goblet of Fire, 2005, motion picture, Warner Brothers. Directed by Mike
Newell.
Holy Virgins, 2001, original animation video, Digital Works. Directed by Hideo Okazaki.
Independence Day, 1996, motion picture., Twentieth Century Fox. Directed by Roland Emmerich.
Irréversible, 2002, motion picture, 120 Films. Directed by Gaspar Noé.
Ken Park, 2002, motion picture, Busy Bee Productions. Directed by Larry Clark.
115 Psycho, 1960, motion picture, Shamley Productions. Directed by Alfred Hitchcock.
Revolutionary Girl Utena: The Movie, 1999, motion picture, J.C. Staff. Directed by Kunihiko
Ikuhara.
Romance, 1999, motion picture, CB Films. Directed by Catherine Breillat.
Salo, Or the 120 Days of Sodom, 2975, motion picture, Produzioni Europee Associati. Directed by
Pier Paolo Pasolini.
Shino Sensei’s Classes in Seduction, 2004, original animation video, Xuse. Directed by Naoto Sawa.
Shoot ‘Em Up, 2007, motion picture, New Line Cinema. Directed by Michael Davis.
Show Biz Bugs, 1957, motion picture, Warner Brothers. Directed by Friz Freling.
Sin Kan (AKA T&A Teacher), 2004, original animation video, Shinkuukan. Directed by Hideki
Araki.
Watchmen, 2009, motion picture, Warner Brothers. Directed by Zack Snyder.
116 Appendix 1: Excerpt from the Guidelines for the Classification of Films and
Computer Games Regarding Classification Ratings
The following passages have been transcribed from the Guidelines for the Classification of Films and Computer Games. They provide an overview of the different film classification ratings and how they can be applied.
G – General
Impact test: The impact of the classifiable elements for material classified G should be very mild only.
Note: The G classification is for a general audience. However, it does not necessarily indicate that children will enjoy the film or computer game. Some G films and games contain themes, story-lines or game play that do not interest children.
Classifiable elements
THEMES: The treatment of themes should have a very low sense of threat or menace, and be justified by context.
VIOLENCE: Violence should have only a low sense of threat or menace, and be justified by context. Sexual violence is not permitted.
SEX: Sexual activity should be very mild and discreetly implied, and be justified by context.
LANGUAGE: Coarse language should be very mild and infrequent, and be justified by context.
DRUG USE: Drug use should be implied only very discreetly, and be justified by context.
NUDITY: Nudity should be justified by context.
PG – Parental Guidance
Impact test: The impact of the classifiable elements for material classified PG should be no higher than mild.
117 Note: Material classified PG may contain material which some children find confusing or upsetting, and may require the guidance of parents or guardians. It is not recommended for viewing or playing by persons under 15 without guidance from parents or guardians.
Classifiable elements
THEMES: The treatment of themes should generally have a low sense of threat or menace and be justified by context.
VIOLENCE: Violence should be mild and infrequent, and be justified by context.
SEX: Sexual activity should be mild and discreetly implied, and be justified by context.
LANGUAGE: Coarse language should be mild and infrequent, and be justified by context.
DRUG USE: Drug use should be justified by context.
NUDITY: Nudity should be justified by context.
M – Mature
Impact test: The impact of the classifiable elements for material classified M should be no higher than moderate.
Note: Material classified as M is not recommended for persons under 15 years of age. There are no legal restrictions on access.
Classifiable elements
THEMES: The treatment of themes may have a moderate sense of threat or menace, if justified by context.
VIOLENCE: Moderate violence is permitted, if justified by context. Sexual violence should be very limited and justified by context.
SEX: Sexual activity should be very discreetly implied, if justified by context.
LANGUAGE: Coarse language may be used. Aggressive or strong coarse language should be infrequent and justified by context.
118 DRUG USE: Drug use should be justified by context.
NUDITY: Nudity should be justified by context.
MA 15+ - Mature Accompanied
Impact test: The impact of material classified MA 15+ should be no higher than strong.
Note: Material classified MA 15+ is considered unsuitable for persons under 15 years of age. It is a legally restricted category.
Classifiable elements
THEMES: The treatment of strong themes should be justified by context.
VIOLENCE: Violence should be justified by context. Sexual violence may be implied, if justified by context,
SEX: Sexual activity may be implied.
LANGUAGE: Strong coarse language may be used. Aggressive or very strong coarse language should be infrequent.
DRUG USE: Drug use should be justified by context.
NUDITY: Nudity should be justified by context.
R 18+ - Restricted
Impact test: The impact of material classified R 18+ should not exceed high.
Note: This classification category applies only to films. Material classified R 18+ is legally restricted to adults. Some material classified R 18+ may be offensive to sections of the adult community.
Classifiable elements
THEMES: There are virtually no restrictions on the treatment of themes.
VIOLENCE: Violence is permitted. Sexual violence may be implied, if justified by context.
119 SEX: Sexual activity may be realistically simulated. The general rule is “simulation, yes – the real thing, no”.
LANGUAGE: There are virtually no restrictions on language.
DRUG USE: Drug use is permitted.
NUDITY: Nudity is permitted.
X18+ - Restricted
CONTAINS CONSENSUAL SEXUALLY EXPLICIT ACTIVITY
(Restricted to adults 18 years and over*)
*Available only for sale or hire in the ACT and Northern Territory.
Note: This classification category applies only to films. This classification is a special and legally restricted category which contains only sexually explicit material. That is material which contains real depictions of actual sexual intercourse and other activity between consenting adults.
No depiction of violence, sexual violence, sexualised violence or coercion is allowed in the category. It does not allow sexually assaultive language. Nor does it allow consensual depictions which purposefully demean anyone involved in that activity for the enjoyment of viewers.
Fetishes such as body piercing, application of substances such as candle wax, ‘golden showers’, bondage, spanking or fisting are not permitted.
As the category is restricted to activity between consenting adults, it does not permit any depictions of non-adult persons, including those aged 16 or 17, nor of adult persons who look like they are under 18 years. Nor does it permit persons 18 years of age or over to be portrayed as minors.
RC – Refused Classification
Note: Films that exceed the R 18+ and X 18+ classification categories will be Refused
Classification. Computer games that exceed the MA 15+ classification category will be Refused
120 Classification.
Films and computer games will be refused classification if they include or contain any of the following:
CRIME OR VIOLENCE: Detailed instruction in matters of crime or violence.
The promotion or provision of instruction in paedophile activity.
Descriptions or depictions of child sexual abuse or any other exploitative or offensive descriptions or depictions involving a person who is, or appears to be, a child under 18 years.
Gratuitous, exploitative or offensive depictions of: (i) violence with a very high degree of impact or which are excessively frequent, prolonged or detailed; (ii) cruelty or real violence which are very detailed or which have a high impact; (iii) sexual violence.
SEX: Depictions of practices such as bestiality.
Gratuitous, exploitative or offensive depictions of: (i) activity accompanied by fetishes or practices which are offensive or abhorrent; (ii) incest fantasies or other fantasies which are offensive or abhorrent.
DRUG USE: Detailed instruction in the use of proscribed drugs.
Material promoting or encouraging proscribed drug use.
121