that films must be refused classification if they contain:

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: … cruelty or real violence which are very detailed or which have a high impact; sexual violence,”  Richard Egan said. 

“The young captives in Salo who were sexually abused, raped, tortured and forced to eat excrement were portrayed as being under the age of 18.  One of the actors was only 17 when the film was made.”

The Classification Review Board decision to overturn the ban, like the Classification Board decision last month, was not unanimous.   Both boards claimed that the new Salo DVD’s inclusion of additional material explaining the film’s background would mitigate the impact on the viewer.

“This claim doesn’t make sense,” Richard Egan said.  “Even Salo supporters concede that additional material on a DVD usually goes unwatched – so it would not affect the extreme impact on the viewer of certain scenes in the film.”

The Review Board suggested that the consumer advice on the film – that it contains “scenes of torture and degradation, sexual violence and nudity” – would prevent viewers from seeing the DVD if they are likely to be offended by it.

“Offensiveness is not the issue,” Richard Egan said.  “This consumer advice could act as an inducement to paedophiles or others who take pleasure in viewing the extreme degradation of others.  Yesterday’s Review Board ruling has set a very dangerous precedent.”
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FamilyVoice Australia        www.fava.org.au
A Christian voice for families, faith and freedom

The film “End of the Spear” has had its classification downgraded from R16 to R13 following a successful appeal by the Society against the classification decision issued by the Chief Censor’s Office. The Society contended in its written and oral submisssion to the Board that the nature of the depiction of violence in the film – medium level violence – could not possibly justify an R16 classification. The nine member Film and Literature Board of Review agreed and in a unanimous decision, issued to the Society on Wednesday this week, took the view that 13, 14 and 15 year old children would not be harmed by exposure to the violence which formed only a small part of a compelling Christian message of forgiveness and redemption that is told based on the “true story” of the missionary outreach in the 1950s, to the violent South American Waodani Indian tribe. A revised censor’s note from the Board, alerts viewers to the medium level violence involving tribal warfare that some might find “disturbing”.

This is the second successful appeal by the Society in recent years involving a major Christian film that has led to its classification rating – issued by the Chief Censor’s Office – being downgraded by the Board. The Society made both oral and written submissions to the Board to overturn the R16 classification of Mel Gibson’s blockbuster film “The Passion”, and this led it to being reclassified R15. The applicant in this case was the film’s distributor and the Society opted to take a role as an interested party.

The Society has as one of its six objectives: the promotion of freedom of expression, within the boundaries of good law that safeguards the public good from injury.

Additional Comments Relevant to Society’s Proposed Lower Classification of the DVD End of the Spear and Formal Application for Leave.

5 February 2008

Further to the information submitted earlier by fax by the Society to the Secretary of Internal Affairs re the Application for Leave, please add the following:

It has come the attention of the Society today that the Film and Video Labelling Body has now approved a new classification of the film End of the Spear (originally classified on 20/12/07 as R16 by the FVLB by [incorrectly] cross-classifying it with the American DVD version) following a submission for a revised classification from the film’s distributor Life Resources Ltd.

The distributor sent an email to the Society today stating:

“Bill Hood has passed the film with a rating of M Medium Level Violence….”
Lime Light Motion Picture Company
1st Floor 320 Manchester Street
Christchurch (Life Resources Building)
8142 New Zealand

The Society contends that this reclassification should be taken into account by the Secretary in his decision on granting leave to the Society in its application relating to the DVD version classified by the OFLC as R16 (OFLC Ref No. 702607).

A number of films in the Xena Warrior Princess series contain lengthy depictions of “medium level violence” involving the deaths of combatants and injuries and mutilation inflicted on others. These publications have been classified unrestricted – M – recommended for mature audiences 16 years of age and over, by the Film and Video Labelling Body (FVLB). They have not been referred by the FVLB to the Office of Film and Literature Classification (OFLC) for classification because nothing in the film has been considered injurious to the public good. The FVLB has given these films description notes: “Contains medium level violence”. These films are all infested with relentless violence, for the purpose of entertainment.

The Console Game Xena Warrior Princess was referred to the OFLC by the FVLB and was classified “Unrestricted: Suitable for mature audiences 16 years of age and over”, with the description note: “Contains violence” (OFLC Decision 9902349). Young people playing this game are exposed to lengthy repetitive sessions of “violence” involving combatants weilding weapons and inflicting grievous bodily harm.

The film Once Were Warriors was classified RP15 by the OFLC which allows any child under 15 years of age to view the film if accompanied by an adult or guardian. The brutal violence and cruelty depicted is recognised as relentless, of high impact and accompanied by vulgar and offensive language. The censor’s description states: “Contains violence”.

The Society (SPCS) contends that, in the light of the above classifications (many others could be cited) to restrict the DVD – End of the Spear – to those persons 16 years of age and over, is an unjustifiably harsh classification that is an assault on the principle of freedom of expression embodied in the Bill of Rights Act.

The harsh classification involves a failure by the OFLC to properly apply Section 3 of the Films, Videos and Publications Classificaton Act 1993. The Society agrees with the OFLC that the overwlelming impact of the film comes from its sensitive depiction of an epic story that highlights the themes of Christian faith, forgiveness, reconciliaton and Christian love. The latter is motivated by the missionaries’ passion to see a tribe on the verge of extinction – through violence – find the truth of the Gospel of the Lord Jesus Christ – which brings peace as one of its many fruits. The depiction of inter-tribal fighting and the murder of the missionaries, is integral to the telling of the true story and none of its presentation is gratuitous.

Kevin Costner’s 1990 epic film Dancing With Wolves which received a number of Oscar nominations, was classified “M” (unrestricted) – suitable for those 16 years of age and over -  by the Film and Video Labelling Body, with the description: “Contains Violence”. This film contains many graphic scenes involving the slaughter of Indians by whitemen, graphic scenes of the mass slaughter of buffaloes and other animals, cruel and brutal slayings of white men by Indians including grapic scenes of scalping and other atrocities. One scene involving mass carnage leaves the river red with blood and human corpses.

If such a film as Dancing With Wolves, of great historical significance, has been made available to NZ young people for cinema viewing and home viewing (DVD and video), then it is very hard to contemplate how the Chief Censor, Bill Hastings, his deputy Nicola McCully, a Classification Officer and a Senior Classification Officer, could possibly have reached the view that the film End of the Spear could possible warrant a R16 classification.

The CO and SCO signed their “actions” off, involving the classification process of this film, on 9/11/07. The SCO affirmed the recommendation on 12/11/07. The CO prepared the documents on 12/11/07 and the SCO/DCC/CC classified and signed the documents on 13/11/07. The DVD version of the film – End of The Spear – was registered as classified on 14/11/07.

The Society believes that many Christian parents and guardians as well as others, familiar with the story behind the film, would be keen to have their children aged 13-15 view the film. Parents are the best persons to assess whether of not their childrren are mature enough to view such a film which has received classifications in the US and Australia allowing those younger that 16 years to view it.

Society for Promotion of Community Standards Inc.

Re: End of the Spear (DVD 113 min 30 sec in length. Classified R16 By Chief Censor’s Office – the Office of Film and Literature Classification [OFLC]).)

The Society contends that the DVD feature End of the Spear, which is virtually identical to the 35 mm cinema version of the film that is currently screening in a number of New Zealand cinemas, should be classified by the Board as an unrestricted publication with a rating “M – Recommended for mature audiences 16 years of age and over.” It should carry a censor’s descriptive note such as: “Contains medium level violence including depictions of tribal warefare”.

The 35 mm version of End of the Spear has recently been reclassified by the New Zealand Film and Video Labelling Body (FVLB) as unrestricted (M: “Contains medium level violence”), – downwards from R16 – following a successful appeal by the distributor who pointed out that it had been wrongly cross-rated by the FVLB with the R16 DVD version. The distributor successfully argued that it should have been cross-rated, by law, with the identical publication classified unrestricted by the Australian censors, NOT the DVD version.

The FVLB therefore acknowledged that it had erroneously classified the 35 mm version as R16 – having erroneously cross-rated it with the DVD version (a different publication based on feature length) that had been classified by the New Zealand Chief Censor’s Office as R16. It is the latter classification (R16) of the DVD publication that the Society, supported by the DVD distributor Manna BookStore, is seeking to have reviewed by the Film and Literature Board of Review.

Concering the DVD publication:

1. This film was classified in the United States as unrestricted and recommended to viewers 13 years or older (PG-13).

2. In Australia the identical publication can be viewed legally by those 15 years of age or older; or those 15 if accompanied by an adult or guardian;

3. The medium level violence is not gratuitous, it is a historical record of low impact, and integral to the storyline.

In terms of s3(1) of the Films, Videos and Publications Classification Act (1993) ["the Act"], the DVD publication deals with matters of cruelty and violence. (See s. 3(3)(a)(i): “the infliction of serious physical harm, or acts of significant cruelty”). However, note that S.3(3)(a)(i) is preceded by the statement:

” In determining, for the purposes of this Act, whether or not any publication … is objectionable … particular weight shall be given to the extent and degree to which, and the manner in which, the publication – (a) describes, depicts, or otherwise deals with – (i) … the infliction of serious physical pain, or acts of significant cruelty.” [Emphasis added].

It is the Society’s contention that if the Board is to place restrictions on this film because of the identification of activities identified under 3(3)(a)(i), it must (“shall” is a legal imperative) place “particular weight” on demonstrating how “the extent and degree to which” each depiction of violence/cruelty, in practice, would constitute the film “objectionable” and “injurious to the public good.”

The Society believes that an R16 age restriction cannot be justified when such factors are considered carefully in the light of the overall Christian message of the film and its context. The task of the filmmaker is to tell a true story in which the martyrdom in 1956 of five young Christian missionaries at the hands of a notorously violent and ruthless tribe is central and do it in a way that the Christian themes of forgiveness and reconciliation are not subverted, overshadowed or corrupted by any hint of gratuitous depiction of violence and/or cruelty. Consequently, it is no surprise that when the filming techniques used, are competently analysed, the methodology used negates any possible gratuitous gain that could be made by any prolongd focus on the actual infliction of bodily harm or cruelty. For example, the searing physical impact of weapon thrusting and bodily penetration is absent, as are all the special effects used by film-makers in films that do depict gratuitous violence. The actual impact of weapons is off-camera and almost all of it is left to the imagination. The infliction of pain and cruelty is therefore largely implied directly or hinted at indirectly.

The barbarous and cruel nature of the Acau Indians is not played down. How can it be? It is an important feature of this documentary. It is revealed in a manner that is sufficiently realistic to make the true story credible and provoking.

Yes, there are a number of depictions of the infliction of serious physical harm and acts of significant cruelty throughout the feature, most of which are carried out by Auca tribesmen and women. The Acau are presented as a violent, cruel and savage tribe, who were almost on the verge of self-annihilation, as they fought not only other tribes, but themselves. The missionaries were passionate about bringing the message of God’s redeeming love in Christ to these people and see the outworking of that message bring peace and reconciliation.

There is a sequence near the beginning of the feature where a group of tribesmen attack other members of the tribe with spears and machetes at night time, while they are sleeping. A male warrior murders a baby in front of the older brother using a machete. The impact of the violence is off-camera and much is left to the imagination. It is medium level violence.

The strongest sequence of violence within the feature is when the five missionaries are slaughtered by a group of tribes people. Christian missionaries Nate Saint, Roger Youderian, Jim Elliott, Pete Flemming and Ed McCully — were murdered by a tribe of Indians whose reputation was legendary for its violence.

The strongest depiction is of Steve’s father, Nate being speared to death. He is speared in the upper chest and is then filmed very briefly in close-up from above, as he grasps the spear with his hand. A fleeting image of blood running from the wound over his chest is shown, emphasising that he did not die immediately..

Another fleeting scene implies that a missionary is hacked to death by two women wielding machetes. All the action is implied as the filming is confined to above the women’s waists.

A lot of the violence is implied and the film merely presents the aftermath of it, such as men lying with spears in their bodies.

There is nothing gratuitous about the way the film depicts the violence and it is not dwelt upon at all.

The film which won the Grand Prize for Dramatic Feature at the Heartland Film Festival (2005)
 is clearly intended for mature audiences and should be rated M.

We would urge the Board to reflect upon the following facts:

The DVD Treasure Island directed by Byron Hastin and released in 1950 is based on the famous well-loved story by Robert Louis Stevenson. It has been rated G – for general audiences (unrestricted), in both Australia and New Zealand, and yet it contains acts of serious physical harm and acts of significant cruelty. For example, the late Bobby Driscoll (d. 1968), who plays the leading role of  young Jim Hawkins, is savagely set upon by a treacherous mutineer while he cowers in a perch on top of the mast of a sailing ship. A knife is thrown at Jim by the mutineer at close range with considerable force and peirces his shoulder blade. The excruciating pain is conveyed in close up shots of his grimacing face and blood spills from the wound as he hauls himself in an ungainly manner down from the mast and then staggers across the deck of the ship. Young Jim fires a loaded pistol directly into the face of the attacking mutineer at close range from the crows nest and the camera zooms in on the mutineer’s face and later his body as it plunges to the deck far below, bouncing off the railings on its descent. A number of other scenes depict viscious hand-to-hand combats involving swords and knives with numerous body piercing and blood letting. One scene shows a knife thrown by a sailor at his fellow mutineer and the camera closes in on the point of penetration revealing a gaping wound and gushing blood. The sailor staggers in anguish across the deck before he slumps to the floor, blood oozing from his body.

The Oscar winning film  Dances with Wolves, directed by and starring  Kevin Costner, was rated PG-13 in the USA and M (unrestricted) in both Australia and New Zealand. It contained numerous violent scenes involving “.. the infliction of serious physical harm, or acts of significant cruelty”. It won best picture Oscar for a Western. The blood-thirsty clashes between the Sioux and Pawnee Indians and whitemen are graphically depicted. The scalping of whitemen and the gruesome bloody slaughter and butchering of buffalo are all depicted in sickening close range. In one memorable scene an Indian warrior stranded on his horse in the middle of a river is surrounded and set upon by tomahawk weilding enemy warriors. The soundtrack is overwheming. The river is flushed red with blood and corpses litter the streambed. The violence is not depicted in a gratuitous manner but it has a strong impact on the viewer.

These two examples – one a G-rated film – the other M rated – serve to highlight the point the Society wishes the Board to address. Is the “extent and degree to which, and the manner in which, the publication [End of the Spear]” such that the publication as a whole should be considered “objectionable” to the extent that it be restricted to those 16 years and older. The Society concludes it should not be rated R16. The limited violence is inegral to the historical documentary and is not depicted in any gratuitous manner. A censor’s descriptive note as suggested, is all that is required to a film that should be rated M – like the 35 mm version now screening in NZ cinemas.

The Society is aware of no complaints that have been raised about the scenes depicting tribal violence in this DVD version of the film. The 35 mm cinema version has been screening at a commercial theatre in Otaki, on the Kapiti Coast (“Coehaven”) run by our Society executive member and former preident Grahsam Fox. No complaints have been received by him about this M rated film..

A morals group is calling for a film’s rating to be lowered from R16 so that younger audiences can experience its Christian message.

End of the Spear tells the true story of a group of Christian missionaries speared to death by an Ecuadorian tribe in 1956. The wives and children of the murdered men moved in with the tribe to teach them about God.

An edited cinema version of the film has been rated M (with a violence warning) by the Film and Video Labelling Body and has been shown at Coehaven private theatre in Otaki, Queensgate Sky City in Lower Hutt and several other cinemas nationwide. However, a three-minute-longer version of the film available only on DVD has been rated R16 by the Office of Film and Literature Classification because of its violent content.

David Lane, of the Society for the Promotion of Community Standards, went before the Film and Literature Board of Review to argue the DVD’s rating should be lowered to M – recommended for a mature audience – so that anyone could see it, with a warning that it contained medium-level violence and depictions of tribal warfare.

There were no “significant differences” between the two versions of the film, and the classification office was “playing up” the violent scenes, he said.

The film had themes of forgiveness, peacemaking and redemption and should be seen by a wide audience, he said. The violence was “medium level” and the film did not need to be restricted.

“It’s a film that’s got major appeal for this [under-16] age group. We don’t believe the film has gratuitous violence at all – it’s put in its certain historical context.

“You see a spear being thrown but you don’t see blood spurting from wounds.”
Chief censor Bill Hastings said that, in Australia, the longer version of the film had been classified MA 15+ (restricted to people 15 and over unless accompanied by an adult), and the edited version was rated M.

He was reluctant to comment in detail on the case before the board of review issued its decision, but agreed it was unusual for the society to argue for a film’s rating to be lowered rather than raised.