Salo in Australia

The nutter group Family Voice Australia has failed in their court action challenging the Review Board's decision to grant Salo an R18+ certificate. They contended that the film censorship appeal board somehow failed to follow its own guidelines.

The Federal Court did not seem very impressed by the Family Voice case and ordered that:

1. The application be dismissed.
2. The applicant (Family Voice Australia) pay the second respondent's costs.

The crux of the decision seems to be that: " The legislative framework entrusts the task of classifying the film to the Board not to the courts", as explained by the court:

As the Review Board itself recognised, the decisions with which it is charged under the Act, the Code and the Guidelines involve the exercise of discretion and judgment. These are matters on which, in all good faith, informed minds may differ. The difference between the majority and minority views concerning Salo testify to this. It is, however, irrelevant whether the Court agrees with the Board's decision or would decide the matter differently. The legislative framework entrusts the task of classifying the film to the Board not to the courts.

The function of the court is more limited. In Brown v Classification Review Board (1998) 82 FCR 225 French J, as the Chief Justice then was, observed at 240:

The function of this Court upon an application for judicial review is to decide whether the Board has acted in accordance with the law. It is not to substitute its own assessment of the publication for that of the Board. Nor should it seek to judicialise the process of administrative decision making by imposing rigorous standards of detailed explanation.

Nutter groups and Australian senators are launching a legal bid to reinstate the ban on the Italian film Salo .

Last month the Classification Board approved a DVD of the film, with explanations of its context. The move overturned a refusal of classification in 1998. Salo has also been cleared by the Review Board after the Home Affairs Minister, Brendan O'Connor, asked for a rethink.

Now FamilyVoice Australia, the Australian Christian Lobby and the Not So Liberal senators Julian McGauran and Guy Barnett have started a Federal Court appeal against the film's release. They will argue that approving the film's R18+ rating defied proper process and the law.

Our chief censors, by releasing this movie, have redefined paedophilia and its acceptance, Senator McGauran claimed: The movie shows disturbingly strong depictions of torture, degradation, sexual violence, mutilation.

The Pier Paolo Pasolini film, made in 1975, tells of four Fascists in Mussolini's Italy who kidnap teenagers and subject them to sexual and mental torture.

A group of nutter Egyptian lawyers have filed a communiqu้ to the Prosecutor General in order to confiscate A Thousand and One Nights book and imprison its publishers.

They claim that the heritage script is offensive to public decency .

The lawyers filed their complaint as per article #178 of the penal code, which fines and punishes with imprisonment for a period of two years anyone who published literature, pictures, offensive to public decency .

The Arabic Network for Human Rights Information (ANHRI) has said that the failure of the Egyptian government to take a clear stance regarding the religious and political Hesba cases (private actions) has encouraged more religious extremists and publicity seekers to join the “Actio popularis” team.

Gamal Eid, ANHRI executive director said, Demanding the confiscation of a heritage book and a creativity piece , such as A Thousand and One Nights, is a crime in essence . We will not be silent regarding these cases . ANHRI legal aid unit for freedom of expression will lead the defense of these writers and intellectuals who are exposed to an unfair crackdown by those publicity seekers. These writers and intellectuals insist on handing over historical and cultural treasures to the Egyptian reader and making them accessible to the Egyptian citizen just like other citizens in other countries that respect freedom of expression and freedom of creativity.