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Australian government bans Sydney Film Festival movie
By Richard Phillips
16 June 2003
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In a major attack on artistic freedom and democratic rights,
Australias censor board has banned screenings of the US
film Ken Park at the June 6-20 Sydney Film Festival. The
decision was made by the governments Office of Film and
Literature Classification (OFLC) and is the first time a movie
scheduled for a local festival has been banned in Australia for
almost a quarter of a century.
Directed by Larry Clark and Ed Lachman, Ken Park is
set in California. It attempts to deal with the personal and social
difficulties facing four American teenagers. The sexually explicit
film premiered at the Venice Film Festival last year and has screened
at a number of international festivals. It has been released commercially
in several European countries, including Austria, Spain, Belgium
and the Netherlands, and will be shown at a film festival in New
Zealand next week.
New Zealands Classification Office has described the
movie as an insightful presentation of the societal and
family pressures on teenagers, explicitly stating that it
did not promote or support the exploitation of young
people for sexual purposes. On the contrary, NZ classification
authorities continued, the film clearly exposes such behaviour
as being potentially harmful to those involved.
Australias OFLC, however, declared late last month that
Ken Park offended the standards of morality, decency
and propriety generally accepted by reasonable adults. On
June 6, a three-member OFLC review board rejected an appeal by
film distributors and festival organizers, and upheld the previous
decision. It claimed that the movie involved child sexual
abuse.
Festival president Cathy Robinson told the media that the review
panel had deliberately introduced the issue of child sexual
abuse to confuse debate over the film. There were no grounds
for banning Ken Park, she said, because the actors were
not children, festival audiences were required to be over 18 years,
and the issues raised by the film were serious and worthy of examination
by adults.
The OFLC ruling, which affects film festivals and distribution
companies throughout the country, makes it illegal to screen,
hire or advertise Ken Park anywhere in Australia, with
fines of A$11,000 and one years jail for individuals or
A$250,000 for companies that defy the ban.
Past and present festival organisers have denounced the decision
and called on film patrons to lobby federal parliamentarians.
Appeals have also been made to the state Labor government in New
South Wales to bypass the decision. Under current law, the state
attorney general can give Special Exemption to allow
a festival screening, but so far the NSW government has made no
response or comment on the ban.
Demands for harsher censorship regime
The OFLC decision is the outcome of an extended campaign by
the Howard government, various Christian fundamentalist groups
and the Lyons Forum. Established in 1992 by Chris Miles, Prime
Minister John Howards former parliamentary secretary, and
John Bradford, a member of the Christian Democratic Party, the
forum wants all sexually explicit films and videos banned.
The right-wing lobby group refuses to reveal its membership.
But it is believed to have 20 federal MPs and 13 senators as supporters,
including Deputy Prime Minister John Anderson and Treasurer Peter
Costello, as well as members of the Labor Party. South Australian
Liberal MP Trish Draper, National Party MP De-Anne Kelly, anti-abortionist
Tasmanian senator Brian Harradine and Reverend Fred Nile, a NSW
state Upper House MP and leader of the Christian Democratic Party,
have all been identified with the formation. Nile regularly denounces
homosexuals as evil and wants anyone satirising the
church to be charged with blasphemy.
The campaign for harsher Australian censorship laws, long demanded
by these elements, intensified soon after the election of the
Howard government in March 1996. Seizing upon the Port Arthur
massacre in Tasmania in April 1996, in which a mentally ill man
killed 35 people, Howard established a special ministerial committee
to investigate violence in the media. The committee
claimed the tragedy was the result of easy access to violent videos
and films. It called for tougher censorship laws, the banning
of X-rated movies and a change of personnel at the OFLC and Classification
Review Board, which it claimed contained too many experts.
Next, the Howard government established the Senate Committee
for Community Standards, which urged new censorship guidelines,
declaring that the impact of the Port Arthur massacre and the
danger of repeat occurrences were so serious that the interest
of the community should take precedence over individual liberty.
A regressive strengthening of Australias broadcasting
laws and censorship bodies immediately followed.
In 1997, the government passed the Broadcasting Services Amendment
Act, which barred all sexually explicit, non-violent adult programs
from cable television. In 1998, the OFLC banned three films: Pasolinis
anti-fascist film Salo; a 1978 horror film, I Spit on
Your Grave; and the documentary Sick: The life and death
of Bob FlanaganSupermasochist, about the US performance
artist, a victim of cystic fibrosis.
The banning of Salo prompted National Party senator
and Lyons Forum member Julian McGuaran to declare: This
movie was a line in the sand. I dont give two hoots about
artistic freedom... Im actually over the moon that the artists
have been pulled back into line.
One year later, more restrictive codes on free-to-air television
programming were introduced, with sex or nudity banned, unless
serious cause and justification existed, and the Violence
Restriction Time was extended until 9:30 p.m., preventing
the broadcast of graphic footage, including on news programs.
Next, the government passed the Broadcasting Services Amendment
(Online Services) Act to control Internet access, under the guise
of preventing children from accessing pornography. The laws, similar
to those used in Singapore and China, established a monitoring
department within the Australian Broadcasting Authority with the
power to fine or close down Internet service providers (ISPs)
hosting material considered offensive. ISPs have one day to remove
offending content or face fines of A$27,000 per day.
The same year, the Australian National Gallery axed the Sensation
exhibition, despite announcing a few months earlier that it would
be the centerpiece of the gallerys 2000 program. The decision
followed the direct intervention of Communication and Arts Minister
Richard Alston, who disapproved of the show. In 2001, the Review
Board reclassified Pictures, a book by well-known US photographer
Robert Mapplethorpe, after South Australian police seized the
publication from an Adelaide bookshop. The book was reclassified
Category 1-Restricted.
When the OFLC and its Review Board rejected attempts by extreme
right-wing lobby groups to ban Adrian Lynes film Lolita
in 1999 and Catherine Breillats Romance in 2000,
the Howard government began stacking the censorship body. Retiring
members were replaced with personnel reflecting the governments
reactionary political outlook and agenda.
While the federal cabinet had rarely considered the selection
of OFLC personnel, in 1999 it made an unprecedented intervention.
Vetoing six prospective classifiers, it claimed they were not
ordinary Australians.
In 2000, former Melbourne mayor Des Clarka Liberal Party
hack and close friend of Richard Alstonwas appointed OFLC
and Review Board director.
Today, senior business personnel with no serious qualifications
in the fields of art, film or literature dominate the six-member
Review Board. They include Jonathan ODea, a private health
insurance company director; Dawn Grassick, an industry representative
on the Therapeutic Goods Advertising Code Council; and Jan Taylor,
president of the Queensland branch of the Women Chiefs of Enterprises
International. Review Board convenor Maureen Shelley is the Australian
Council of Businesswomens chief executive officer and company
director.
Last year, the OFLC Review Board banned Baise-moi by
French film director Virginie Dispentes. The decision was taken
after federal Attorney General Daryl Williams directed the OFLC
to review its previous classification of the film. Williams intervened
after Fred Nile contacted him and demanded the government prevent
the film from being screened.
Democratic rights
The Ken Park ban reverses years of struggle during the
1950s and 1960s by film festival organisers, artists, writers
and intellectuals against Australias notoriously backward
and reactionary censorship regime. In fact, film festivals in
Australia, like many of their counterparts internationally, were
initially established in order to challenge government restrictions
on artistic and intellectual freedom and provide access to serious
and ground-breaking international cinema.
The last film banned at an Australian festival was I Love,
You Love by Swedish director Stig Bjorkman in 1969. Australian
authorities stopped the movie from being screened because it contained
a scene in which a pregnant woman had sex. Another festival film
shown that year had scenes cut by local censors.
Widespread opposition to these outrageous bans forced the Liberal-National
government to back away and allow special consideration to be
given to film festivals. But these measures were never formally
legislated. Now, more than 20 years on, the Howard government
has decided to directly attack the democratic rights of film festival
patrons.
Irrespective of the immediate cultural value of Ken Park,
the Howard governments ban is a clear violation of the right
of adults to watch and read whatever they choose. Moreover, the
measure attempts to intimidate local filmmakers and artists from
producing work that might directly challenge the government.
It is no accident that the ban on the screening of Ken Park
and last years censorship of Baise-moi have occurred
during the greatest attack on civil liberties in postwar history.
Under the banner of the Bush administrations so-called
war against terrorism, the Howard government has dramatically
boosted military spending and strengthened police powers. Legislation
being introduced in federal parliament will allow Australian Security
and Intelligence Organisation (ASIO) agents to detain and interrogate
people without charge for up to a week, including children as
young as 16. In the guise of fighting terrorism, suspects
can be continuously interrogated for eight hours at a time.
Just two weeks before the Ken Park ban, the Howard government,
in the aftermath of its participation in the illegal US-led war
against Iraq, launched a highly publicised campaign against the
Australian Broadcasting Corporation (ABC) claiming the state-funded
national network was anti-American. Communications
and Arts Minister Alston directly targetted the networks
news director Max Uechtritz and the AM radio news program,
threatening to cut ABC funds and establish a content-monitoring
authority, or external censor body, over the network.
These actions, in line with other serious attacks being carried
out by the government on basic democratic rights, including the
mandatory detention of refugees and asylum seekers, highlight
the governments growing fear of any artistic or creative
endeavour that may encourage critical opposition to its policies.
That is why the fight against the Ken Park ban can only
go forward to the extent that it is linked to the development
of a broad-based movement of the working class against the governments
entire economic, social and political agenda.
See Also:
Australia: Howard
government bans French movie Baise-moi
[18 May 2002]
South Australian police
raid bookshop and seize Mapplethorpes Pictures
[19 January 2001]
The banning and unbanning
in Australia of the new French film Romance
[11 February 2000]
National Gallery of
Australia cancels Sensation exhibition
[29 December 1999]
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