Synopsis
My team and I will be exploring censorship and copyright laws in Australia, Bahrain and Singapore to understand the intentions and purpose behind them and how they affect film producers through in depth analysis, research and case studies. This is so that we will know enough to set up our own media production business in future and adapt to the ever-changing media landscape as professional media practitioners.
My role in my research group
My role in my research group is to focus on the copyright laws and censorship classifications in Australia. In terms of copyright, I have to look at it in broad terms, such as the moral rights that artists and media producers have in Australia. In addition, I will have to find out who is monitoring and enforcing it in Australia, how is copyright enforced in Australia and what constitutes to breaching a copyright law in Australia. As an extension, I will also research and present the penalties involved if someone were to breach a copyright law in Australia along with a few case studies of copyright laws infringement in Australia and how they were dealt with by the government.
In regards to censorship classifications in Australia, I have to look at how it came about and the boundaries and taboos that it has. In addition, I have to find out who is in charge of censorship classification in Australia, how it classifies films produced in Australia, how it is enforced and affects film producers and media production businesses in Australia. I will also be researching on what type of films have been censored in Australia and why are they censored. As an extension, I will also research and present the penalties involved if someone were to breach a censorship law in Australia and present a few case studies of censorship laws infringement in Australia and how they are dealt with by the government.
In conclusion to my entire research, I will provide a point of view of professional media practitioners and producers in Australia in regards to the topic of my research through an interview with them. In addition, I will compare and contrast Australia’s copyright laws and censorship classifications with two other countries, Singapore and Bahrain. Geographically located at the tip of Southeast Asia, Singapore is known as a conservative society and its censorship laws are fairly high. A lot of films considered by the Singapore government that target sexual, political, racial or religious issues are not screened or produced in Singapore. Hence, as the society and governing between both Australia and Singapore are quite different, by comparing and contrasting their copyright laws and censorship classifications, one can have a better perspective and a deeper insight into the topic. In addition, to provide a holistic understanding of the entire topic, I will also compare copyright laws and censorship classification between Australia and Bahrain. This is due to the fact that Bahrain is a Middle Eastern country that is stepping up on its enforcement to censorship laws. In Bahrain, there has been on-going protest and petition by its citizens against it.
As a final contribution to my part in this group, these research findings and comparison will be posted up on our group’s blog so that it can be shared with the public and people that may find it useful when setting up a media production business in either of these three countries.
The progress I have made so far
Over the past few weeks, I have researched and discovered that the Australian Government agrees to the National Classification Code made by The Classification Board since its establishment in 1970. ‘The Classification Board is an independent statutory body that makes classification decisions about films, computer games and publications’ (Australian Government Classification Website, Review Board Decisions – 2011). The members of the Classification Board are chosen to be broadly representative of the Australian community. The Australian Classification Board members are from different age groups and backgrounds. They are not required to hold any specific qualifications, but must meet certain selection criteria that reflect the experience and qualities needed to effectively carry out their role. I have also discovered that ‘over the last few decades, censorship of films and publications in Australia has steadily tightened, not through changes to censorship laws but through changes in the guidelines and interpretations of the national Office of Film and Literature Classification (OFLC)’ (Yee D., 2004). Hence, in order to know what and why recent films have been removed or given a classification in Australia, I went to look up on the most recent Australian Classification Board’s report, which presents the films, games and publications that have been censored since 2011. Since 2011, these films, The Human Centipede II (full sequence), Happy Feet Two (2D and 3D), The Twilight Saga Breaking Dawn – Part 1, A Serbian Film, House of The Dead – Overkill Extended Cut, We Dare and Mortal Kombat have met the Board’s decisions. Out of the list of films that the Australian Classification Board have reviewed, I found the film, The Human Centipede II, to be most intriguing because the first sequel to that film, The Human Centipede I, was rated R18 in Australia and was screened in Australian cinema. After watching the first sequel to the film, The Human Centipede, I felt that it contained a lot of disturbing scenes that explored themes of sex, horror and violence which should not have be distributed or screened in Australia. Hence, I was curious to find out why The Human Centipede II was given a RC (Refused Classification) by the Australian Classification Board. In the report, ‘The Review Board found that the film contains aspects or scenes of importance under various classifiable elements’ (Australian Government Classification Review Board Report, p.3). This meant that the film contained elements of themes, violence, sex, language, drug use and nudity that is subjected to section 9 of the Classification (Publications, Film and Computer Games) Act 1995. ‘Section 9 provides that films are to be classified in accordance with the National Classification Code (the Code) and the Guidelines for the Classification of Films and Computer Games (the Guidelines)’ (Australian Government Classification Review Board Report, p.1).
‘The Guidelines for Refused Classification” in regards to films under the category of ‘crime or violence’ are: Gratuitous, exploitative or offensive depictions of
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Violence with a very high degree of impact or which are excessively frequent, prolonged or detailed;
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Cruelty or real violence which are very detailed or which have a high impact;
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Sexual violence.
“The Guidelines for Refused Classification” in regards to films under the category of ‘sex’ are: Gratuitous, exploitative or offensive depictions of
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sexual activity accompanied by fetishes or practices which are offensive or abhorrent;
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incest fantasies or other fantasies which are offensive or abhorrent’ (Australian Government Classification Review Board Report, p.5 – 7).
“The Code“:
The National Classification Code states, inter alia (in Item 1 (Refused Classification), sub-paragraph (a), (b) and (c), that films that:
a) depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adult to the extent that they should not be classified; or
b) describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
c) promote, incite or instruct in matters of crime or violence;
should be refused classification.
The Code also requires that in making its decision the Review Board must take account of community concerns about, inter alia, the portrayal of persons in a demeaning manner (National Classification Code (d) (ii))’ (Australian Government Classification Review Board Report, p.8).
After reading up on the Guidelines for Refused Classification in Australia and the National Classification Code, I went to research the National Classification Scheme.
‘The National Classification Scheme is a cooperative arrangement that enable the Commonwealth, States and Territories to take a national approach to classification. Commenced on January 1st, 1996, it classifies films (including videos and DVDs), computer games and certain publications, and the Classification Review Board can review the Classification Board’s decisions. It was established following recommendations made by the Law Reform Commission about censorship procedure in 1991 (Report No. 55)’ (Australian Government Classification Website, Classification In Australia).
In addition, I also went to research on the meanings and description of the classification markings on film and computer games in Australia (www.classification.gov.au/Classificationmarkings/Pages/Classificationmarkingsonfilmandcomputergames.aspx).
What Strategies I Have Utilised In My Research
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I found it hard to find books on related topics as most of them appear as articles or reports online.
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I found it hard to cite or reference them.
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I only manage to find a one sided perspective on the review of the film.
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I found it hard to select the film (genre and content) that would best reflect my topic of discussion as there are quite a number of films that are banned in Australia.
How Have I Resolved These Or Intend To Resolve Them
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Go to the Research Center that RMIT has to conduct more research on my topic.
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Conduct some interviews with media professionals in Australia so that I can have a deeper insight into my topic and a clearer direction on where I should focus my research on and which sources I should target on.
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State my problems to the rest of my group mates, classmates and tutor to get their feedback, advice and direction on my research.
How I Believe My Project May Connect And/Or Intersects With Other Research Projects
I believe my project may be connected to this other group in the class that is researching on things that are “on demand” in Australia. Due to the fact that there are some movies which have been refused classification in Australia, they will not be exposed to the Australian market. This reduces the number of films that Australians can choose from and eliminates the banned film from becoming a product that is “on demand” in Australia. In addition, this will exponentially increase the ratings on films that are available in Australia.
References
Australian Government Classification Review Board Report, Human Centipede II Review Board Decision Reasons Report, p.1 – 8, viewed on April 13th, 2012
Australian Government Classification Website, Classification In Australia, National Classification Scheme, http://www.classification.gov.au/ClassificationinAustralia/Whoweare/Pages/default.aspx, viewed on April 13th, 2012
Australian Government Classification Website, Classification In Australia, Who We Are, Clssification Review Board Decision, Review Board Decisions – 2011, http://www.classification.gov.au/ClassificationinAustralia/Whoweare/ClassificationReviewBoarddecisions/Pages/ReviewBoarddecisions2011.aspx, viewed on April 13th, 2012
Yee D., A book review of Snatched: Sex and Censorship in Australia by Helen Vnuk, dannyreviews.com/h/Snatched.html, viewed on April 14th, 2012
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