Attachment 1 and 2.PDF.pdf

Attachment 1
Schedule of documents – Freedom of information request no. 13/145
Document
Date
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Description
Decision on access
Exemption
no.
1
July 2013
3
KochMedia application for review
Released with deletions
Personal privacy (s47F(1))
July 2013
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Submission from KochMedia re:
Released in full
N/A
2
classification of the computer game Saints Row
IV
3
29/072013
4
Board Decision Report for Saints Row IV
Released with deletions
Personal privacy (s47F(1))
4
25/07/2013
1
Submission from interested party 1
Refused release
Personal privacy (s47F(1))
5
23/07/2013
1
Submission from interested party 2
Refused release
Personal privacy (s47F(1))
6
25/07/2013
1
Submission from interested party 3
Refused release
Personal privacy (s47F(1))
7
25/07/2013
1
Submission from interested party 4
Refused release
Personal privacy (s47F(1))
8
23/07/2013
1
Submission from interested party 5
Refused release
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9
23/07/2013
1
Submission from interested party 6
Refused release
Personal privacy (s47F(1))

Attachment 2
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PART 1 - BACKGROUND
Introduction
This submission is in four parts.  Part One is simply background and introductory information
including  a  summary  of  the  classification  issues  and  a  synopsis  of  the  game.    Part  Two
consists  of  an  assessment  of  the  classification  of  the  game  Saints  Row  IV  against  the
requirements of the Classification (Publications, Films and Computer Games) Act 1995, the
National  Classification  Code and the Guidelines for the Classification of Computer Games.
Part Three examines the Classification Board’s RC decision and how there may have been
errors in that decision.  Part Four is a further summary of the submission.

Summary
Saints  Row  IV  and  the  Saints  Row series  are  part  of  a  genre  known  as  open  world  or
sandbox  games.  The  series  combines  elements  of  action,  adventure  and  vehicular
gameplay.  The  player  can  freely  roam  the virtual  world  on  foot  or  by  use  of vehicles  and
make use of an array of weapon and mêlée based combat.

In  Saints  Row  IV  the  classifiable  element  of  Violence  is  high  in  impact,  and  the  game  is
therefore unsuitable for persons under 18 years.  It should be classified R18+ with consumer
advice that warns the player about violent content.

Other content elements are present in the game at lower impact levels:
  Themes – General criminal/il egal activity and alien invasion are the background themes
to the gameplay.  Other more impactful themes are not explored in the game.
  Sex/Sexual References – There are a few sexual y suggestive lines of dialogue used by
non-player characters in the game.
  Language – Coarse language is used throughout the game by non-player characters and
the player character also uses scripted coarse language
  Drug  Use/Drug  References  –  As  some  of  the  missions  are  based  around  criminal
activity,  there  are  some  references  to  drugs  and  drug  use.    One  mission  involves  the
player character and his al ies tracking down a shipment of alien drugs.
  Nudity – Character clothing options include no clothing at al .  Breast and genital details
are obscured by pixilation. There is some breast nudity in magazines and on posters.

The violence in Saints Row IV  is against opponents  in a virtual  world created by invading
aliens.  The player and his al ies are placed in the virtual world in a manner paral el to the
way  humans  are  plugged  into  “The  Matrix”  in  the  film  series  of  that  name.    The  stress  of
placing  the  player  character and  his  al ies  in  a virtual  world  is  designed  to cause  them  to
break and suffer under the ministrations of the alien leader.  The game is the fourth major
instalment of a story franchise about a group of gang members fighting to survive and gain
status  in  a  corrupt  (and  fictional)  world.    The  franchise  is  very  “tongue-in-cheek”  and
parodies  other  popular  games  (such  as  the  Grand  Theft  Auto  series,  and  other  popular
culture memes).  The game includes many references to famous and infamous scenes and
characters in film.  Al  of the three previous games in the Saints Row franchise have been
classified MA15+.
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The  game  does  not present  anything  new  or  unique  to  the gaming  experience.   Previous
titles  in  the  series  and many other  titles  in  the  genre,  which  have  been  classified  MA15+,
have similar or identical gameplay elements – including references to drug use and violence.

In addition, the violence and drug use are wel  justified by the context of a storyline where
the  player  battles  in  a  virtual  world  to  escape  and  defeat  an  alien  invasion  and  save  the
world.

The Classification Board made a decision regarding Saints Row IV that is inconsistent with a
number of other decisions on similar games in the genre.  The inconsistent decision appears
to have been made, at least in part, due to a failure by the Classification Board to utilise al  of
the procedures available to  it,  resulting  in a failure to grasp the impact and context of the
violence and drug use/references within the game.

This was also attributable in part to the language used in the original submission which was
prepared by a native German speaker, resulting in particular translations of game concepts
and  activities  which  may have given a more  literal  and  directive perspective on  gameplay
elements than would be strictly accurate or observable to the game player.

Synopsis of Saints Row IV
Saints  Row  IV  is  an  Open  World/Sandbox  computer  game  for  the  Personal  Computer,
Playstation 3 and Xbox 360.

Saints Row IV is the latest game in the Saints Row series, with the original title released in
2006.

Saints  Row is set in the fictional city Stilwater,  located in the state of Michigan. The player
character is inducted into the 3rd Street Saints gang after they save his life, and assists the
Saints in eliminating three rival gangs that control the city. During the game, the other Saints
members look towards the player character, considering him their new leader.

Saints Row 2 is set five years after Saints Row; the player character awakes from a coma in
a prison hospital having survived a yacht explosion at the end of Saints Row. After escaping
the prison, the player character saves Johnny Gat before his execution and together they
begin to revive the 3rd Street Saints and, through a course of events, reclaim Stilwater from
three  new  gangs  that  have  had  the  city  under  their  control.  The  game  culminates  in  the
Saints once again running Stilwater.

In Saints Row: The Third the player again controls the leader of the 3rd Street Saints, who
have grown from their humble roots as a street gang into a worldwide crime group. The story
centres around the conflict between the Saints and the Syndicate, a rival crime group who
seek  to  take  advantage  of  the  Saints'  influence.  Though  the  first  two Saints  Row games
were set in the fictional city of Stilwater, Saints Row: The Third is set in a new city named
Steelport. Steelport is run by three gangs, much like Stilwater was in Saints Row and Saints
Row 2, yet these gangs—Morning Star, the Deckers and the Luchadores—are al  under the
control of the Syndicate. Later on in the game, a Division of the Military known as S.T.A.G. is
cal ed to Steelport by authorities in an attempt to eradicate al  of the gangs in the city.

Saints Row IV is a direct sequel to Saints Row: The Third.  It is set in a fictional Washington,
D.C. and simulated Steelport.  Five years after the end of Saints Row: The Third, the leader
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of the Third Street Saints is elected President of the United States. It's not long before an
alien invasion occurs and the Protagonist (player) and the Saints are kidnapped by aliens
known as the Zin and their leader Zinyak, The Player is transported to a virtual version of
Steelport where he can use super powers to fight against the Zin empire.

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PART 2 – ASSESSMENT OF THE CLASSIFICATION OF SAINTS ROW IV

2.1 Legislative Requirements
The Classification (Publications, Film and Computer Games) Act 1995 (the Act) governs the
classification of computer games and the review of classification decisions. Section 9 of the
Act provides that computer games are to be classified in accordance with the National
Classification Code (the Code) and the classification guidelines.

Three essential principles underlie the use of the Guidelines for the Classification of
Computer Games (the Guidelines), determined under s.12 of the Act:
  The importance of context;
  The assessment of impact; and
  The six classifiable elements – themes, violence, sex, language, drug use and nudity

The  National  Classification  Code  requires  classification  decisions  to  give  effect,  as  far  as
possible, to the fol owing 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.

Section 11 of the Act requires that the matters to be taken into account in making a decision
on the classification of a computer game include:
a)  The standards of morality, decency and propriety general y accepted by reasonable
adults; and
b)  The literary, artistic or educational merit (if any) of the computer game; and
c)  The general character of the computer game, including whether it is of a medical,
legal or scientific character; and
d)  The persons or class of persons to or amongst whom it is published or is intended or
likely to be published

2.2 Assessment – Section 11 of the Act
The  game  is  the  fourth  major  instalment  of  a  story  franchise  regarding  the  activities  of  a
street  gang  seeking  to  gain  supremacy  in  a  fictional  city.    In  this  instalment,  the  player
character has been elected president and together with his cohorts, he must save the world
from an alien invasion.  It fits very comfortably within the existing open world/sandbox genre
of games, and does not present anything new or unique to the gaming experience.

Previous  titles  in  the  series,  and  many  other  titles  in  the  genre,  have  similar  or  identical
gameplay  elements – particularly  regarding  the classifiable  elements  of violence and  drug
use.

In  considering  the  “persons  or  class  of  persons  to  or  amongst  whom  it  is  published  or  is
likely to be published”, there are two views.

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Firstly,  gamers  who  are  likely  to  purchase  and/or  play  the  game  wil   not  differentiate  this
game from many similar classified games currently available in Australia.  As stated above,
the game does not introduce any new or unique elements, or any more graphic depictions of
violence or drug use than exist in games that are already available.

In  terms  of  likely  players,  research1  commissioned  by  the  Interactive  Entertainment
Association of Australia and undertaken by Bond University indicates that in al  three genres
(action, adventure & racing) covered by open world/sandbox games, most players are in the
36-50 year age group – fol owed by 26-35 year olds and then by 16-25 year olds.  As noted
above, Saints Row IV contains violent content and drug use that is entirely consistent with
other  current  titles  in  the  genre,  and  the  age  range  of  players  who  wil   play  the  game  is
entirely consistent with the requirements of the R18+ classification.

Secondly, the broader community is aware of the existence of these games in the Australian
marketplace and in Australian homes.  General y the community has great confidence in the
ability of the Classification Board and Classification Review Board to make quality decisions
about  the  classification  of  computer  games.    This  has  been  shown  in  research
commissioned by the former Office of Film and Literature Classification (OFLC)2 and by the
Attorney General’s Department3 and in research from industry4 and academic5 sources.  In
addition there has always been a very low number of complaints regarding the classification
of computer games, indicating that both Boards general y get it right.  For example, in 2007-
08 the Classification Board received 169 complaints6 regarding the classification of specific
computer game titles, and only one  complaint  was regarding content in a computer game
classified MA15+ being too high for the category.

Therefore, in terms of the content of computer games, including Saints Row IV, people likely
to purchase or play Saints Row IV, and the broader Australian community, are comfortable
with this level of classifiable elements being present in an R18+ computer game.

2.3 Assessment – National Classification Code
The principles of the Code, particularly those regarding protecting children and community
concerns  about  depictions  of  violence,  are  wel   served  by  the  restricted  classification
categories such as MA15+ and R18+.  As discussed above, Saints Row IV contains violence

1 Brand J, Borchard J & Holms K., 2008, IA9 Interactive Australia 2009, The Centre for New Media Research,
Bond University, Gold Coast, Qld.
2 OFLC, 2002, Australian Consumer’s Usage & Attitudes towards Classification. Market Research Final Report
3 Galaxy Research for the Australian Government Attorney General’s Department, 2007, Classification
Decisions and Community Standards 2007 Report.
4 Brand J, 2006, Interactive Australia 2007, The Centre for New Media Research, Bond University, Gold Coast,
Qld.
5 Durkin K and Aisbett K, 1999, Computer Games and Australians Today, Office of Film and Literature
Classification, Sydney, NSW
6 Classification Board and Classification Review Board, 2008, Classification Board and Classification Review
Board Annual Reports 2007-08, AGD, Surry Hills, NSW
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and Drug Use that is entirely consistent with that contained in existing games in Australia.
These games are not available for persons aged under 15 to purchase, and the community
is general y very satisfied that its concerns are being addressed through quality classification
decisions.

2.4 Assessment – Guidelines
The  fol owing  is  a  description  and  assessment  of  the  game’s  content  under  the  six
classifiable elements.

Themes
Description
The  game  is  built  around a gang of  criminals  undertaking  their  usual  activities  in  a virtual
world, so that they can escape the simulation and defeat aliens that have invaded Earth.

These themes are explored in an “upbeat” world ful  of humour and parodies of pop-culture.
Whilst  the  basic  themes  are  somewhat  powerful  and  could  create  a  dark  and  forbidding
atmosphere,  the  game  is  quite  light-hearted  and  the  themes  are  not  explored  in  detail.
There is an overal  moderate sense of threat or menace, and the themes are central to the
storyline.
Assessment
The overal  thematic impact is moderate and therefore not recommended for players under
15 years old, and can be accommodated in the M classification.

Violence
Description
The  player  and  his/her  crew  are  thrown into  simulations  (like  The  Matrix,  their  bodies  are
stored  in  pods  and  their  minds  are  connected  to  a  simulation).  These  simulations  are
populated by simulated humans, who look, sound, and act like humans except occasional y
they glitch - as a reminder they are simulations they deform, flash in and out of existence on
occasion,  etc.  Violence  against  simulated  humans  is  accompanied  by  an  appropriate
scream, blood effect, and sound effects. Examples of types of violence:

As  noted  above,  the  player  fights  simulated  humans  in  the  virtual  reality  created  by  the
aliens through much of the game.  In the opening level, the player fights "real world" human
terrorists.

The  player  wil   often  engage  in  combat  with  aliens,  cyborgs,  and  occasional y  strange
creatures such as a monstrous oversized soft drink can or a mutant man-cat

Player actively controls weapons that are used to:
  Catch people on fire
  Inflate people’s heads to the point of exploding (like a bal oon)
  Suck people into black holes
  Bludgeon people
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  Shoot people

Players actively control super powers that are used to:
  Freeze people and shatter them into pieces
  Catch people on fire
  Send people flying forceful y into objects
  Electrocute people
  Hold a person in stasis and suck out their life force
  Cause a nuclear explosion, destroying al  people in its wake
  Ram people over
  Shrink people down to a size where they can proceed to be stepped on
  Throw dangerous objects into people

Players actively control vehicles that are used to:
  Run people over
  Shoot turret weapons at people
  Shoot flames out at people

Violence against simulated humans also occurs in cutscenes and special scripted scenes in
missions where the player is an observer rather than a direct participant.

Vehicle  violence  is  not  as  common  in  Saints  Row  IV  as  it  was  in  previous  Saints  Row
games, but it stil  occurs. The player can enter a vehicle and ram it  into other vehicles or
living  things  on  the  street.  There  are  also  vehicles  that  can  fly,  such  as  UFOs  and
helicopters. These vehicles feature weapons such as lasers and missiles which can be used
to destroy smal  pieces of the city and the things living in it. Some missions contain special
vehicle sequences:
  The  player  mans  “power armor”,  a suit  which  contains special  weapons  such  as  a
rush melee attack and missiles
  One vehicle can shoot flames out the side, harming anything near it
  The player also pilots a statue of liberty sized statue of a large man which he uses to
beat up the soft drink can monster

Blood  can  be  seen  pooling  under  dead  bodies  and  on  wal s,  this  disappears  after  time.
Blood splatters can be seen when an enemy is shot, these disappear more quickly than the
blood  pooling.    Blood  can  be  seen  on  the  ground  where  people  land  from  a  fal ,  this
disappears after a short time, similar to the blood splatters.

The level of "gore" in Saints Row IV is limited. Blood splatters can contain “chunks” but they
are temporary and wil  not remain beyond the length of the effect.

Cyborg enemies can be severed in half and wil  fight until their upper half is destroyed.

Some weapons wil  cause the enemy to explode in a burst of blood. No corpse, body parts,
or blood are left behind.

The violence is frequent throughout the game.  It is general y unrealistic and over-the-top.
For example, the player can attack several protagonists, and while they shoot at the player
(often hitting him) the player keeps going and kil s al  of his enemies.

The context is as described above - a matrix style simulation involving human players and
non-player characters.  The graphics are quite unrealistic, and the actions of the characters
are highly stylised.
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Sexual Violence
The player can obtain a weapon that is redeemed via a DLC (Downloadable Content) code
cal ed the Rectifier probe.  When used, the player pushes the weapon at an opponent and
the weapon appears to impale the opponent and then launch them into the air.

In the context of an alien invasion in a game where pop culture is attacked remorselessly,
the  Rectifier  probe  weapon  is  clearly  meant  to  suggest  the  use  of  the  classic  “alien  anal
probe”.   While  is  it  not  clearly  depicted,  and  the  term  ‘anal  probe’  is  not used  at  al   in  the
game,  it  is  suggested  that  the  Rectifier  probe  is  inserted  into  the  opponent,  although  it  is
depicted  as  a  three-pronged  ‘grabbing’  device,  and  might  as  easily  be  interpreted  as
grabbing the opponent.  The point of  impact is pixelated, and it  is unclear exactly  what  is
occurring.  The action implies that the weapon has been used to impale the opponent and
then launch them into the air – but no insertion is shown, and opponents remain ful y clothed
with no depiction of damage.  Opponents launched by the weapon produce a trail of stars,
further underlining the fantastical nature of the weapon.
Assessment
The violence in the game is typical of violence in most  open world/sandbox titles currently
available in the Australian market.

The  violence  is  highly  stylised  and  completely  unrealistic,  but  it  occurs  frequently  in  the
game.

The Rectifier probe weapon suggests sexual violence rather than implies it.  The detail of the
action is pixelated – so any conclusions about what is happening are largely in the mind of
the player/observer.

It  can  be  argued  that  the  notion  of  inserting  a  weapon  into  a  person’s  anus  and  then
launching them into the air is a depicition or implication of sexual violence, but it is clear from
the context that this is not included in the game to imply sexual violence.

The  context  of  this  element  of  gameplay  is  one  of  a  laugh  at  alien  abduction  conspiracy
theories.    Many  alien  abduction  theories  and  stories  related  in  popular  culture  include
references to (or more commonly jokes about) being “probed” by the abducting aliens.  So in
a comedy story about fighting an alien invasion, it is only natural that the characters should
stumble across an alien probe.

The use of the Rectifier probe is not sexual violence.  It is a sil y and childish “bottom” joke,
and typical of much of the humour in the Saints Row franchise.

Whilst the violence does not include a lot of detail and it is justified in the context of the alien
invasion/simulated world storyline, the frequency results in an overal  high impact.

Sex
Description
The  player  character  wil   be  able  to  proposition  each  of  the  crew  (males,  females,  and  a
robot) which wil  include audio lines and animations that are sexual y suggestive, but do not
depict any simulated sexual activity.

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The sexual y suggestive content is very infrequent, humourous and incidental to gameplay.

The  sexual y  suggestive content  does  not  impact  the game’s  progression  in  any  way  (not
required to get 100% complete and wil  not unlock any additional content).
Assessment
The sexual references are simply some suggestive byplay between the player character and
his/her crew.  They lack detail and are very infrequent.  The overal  impact is moderate.  Sex
and Sexual References in the game can be accommodated at the M classification.

Language
Description
Coarse  language  is  used  throughout  the  game.    Of  the  247,395  words  in  the  game,  the
number of uses of coarse language is:
  Fuck - 1149 times (0.46%)
  Shit - 1475 times (0.6%)
  Asshole - 225 times (0.09%)
  Bitch - 178 times (0.07%)
  Dick - 29 times (0.01%)
  Pussy - 13 times (0.005%)

The language is used naturalistical y in the setting of the "gangland" style game.  In some
instances, the coarse language forms part of the aggressive interplay between characters in
the game.  .
Assessment
Aggressive  coarse  language  is  infrequent,  and  it  is  general y  not  exploitative or  offensive.
The frequency of the "fuck" language results in an overal  strong impact.  Coarse language
in the game can be accommodated at the MA15+ classification.

Drug Use
Description
There  are  some  verbal  references  to  a  fictional  drug  cal ed  “LOA  Dust”  that  was  initial y
brought up in Saints Row 2.

In one mission/level the player enters Shaundis’ (a Saint) simulation where she relives the
death  of  Johnny  Gat  (from  Saints  Row  3).  The  player  fights  his  way  to  Johnny,  but  the
simulation fal s apart and the player is placed in a new part of the simulation where a version
of  Shaundi  from  Saints  Row  2  is  being attacked  by  DJ  Veteran  Child.  The  player  kil s  DJ
Veteran Child (who multiplies) with a gun created to delete his code.  As an optional fol ow
up to this mission, both Shaundis are in the Steelport simulation at once. They bicker when
SR2 Shaundi says she wants to do drugs.  They seek out a shipment of “alien narcotics”.

The  player  character  can  “smoke”  the  narcotics  –  this  is  briefly  depicted  by  the  character
holding  a  broken  glass  bulb  near  their  face  and  implicitly  lighting  it  by  flicking  a  lighter,
although neither the lighter nor smoke are depicted.  Shortly after the player character says
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“...my powers feel limitless”.  The player already has superpowers.  Depending on how the
player spends money earned in the simulated world, the player character can buy different
superpowers  as  they  progress.    Specifical y,  the  “alien  narcotic”  may  provide  the  player
character  with  unlimited  stamina  (al ows  the  character  to  use  the  ‘sprint’  ability  without  a
timer).    However,  the  player  may  have  already  purchased  this  superpower  through  the
abilities menu or gained the power through earlier side missions.  If the ability/superpower
has  not  been  gained  elsewhere,  the effect  from  the  “alien  narcotic”  is  temporary.    If  it  has
been previously won or purchased, there is no effect.  During the rest of this mission players
wil   see  strange  things  (hal ucinations  that  appear  as  distortion/glitch  effects).    The  player
character and the two Shaundi characters use some dialogue that includes drug references,
such as “”... it real y has been too long since you’ve smoked up”.
Assessment
The  game  takes  place  in  a  criminal  underground setting.    This  setting  is  made unrealistic
through the inclusion of an alien invasion and a Matrix style virtual world.  Typical of Saints
Row  games,  the  player  hunts  down  drug  dealers.    In  this  case,  the  player  and  his  al ies
“smoke” some “alien narcotics”.  This is shown through an undetailed and brief visual.  The
characters make some comments about having “unlimited powers”, but in reality the benefits
from the “alien narcotics” are either non-existant, acquired elsewhere in the game, or at the
very best – a temporary extension of an existing power.

There is no interactive drug use.  Whilst there are some paral els between the depictions and
descriptions  in  the  game  and  real  world  il icit  drugs,  these  connections  would  need  to  be
made by a mature or adult person with an understanding of drug use.  The terms used in the
game have a stronger paral el to magic potions used in popular science fantasy.  The links
between “drug use” and incentives and rewards are intangible.  Any suggested bonus from
using the “alien narcotics” can be found elsewhere in the game.

Whilst  the  drug  use  is  not  interactive  and  not  related  to  incentives  and  rewards,  it  does
require a mature outlook to differentiate between the “alien narcotics” and real world drugs.
A  mature  outlook  is  required,  and  this  element  could  be  accommodated  in  the  MA15+
classification.

Nudity
Description
During player creation, the player wil  see their character standing in just their underwear.
Players wil  have the chance to remove al  clothing from their character while they play the
game.  The  players  genitalia  wil   be  covered  with  a  mosaic  censor  bar  if  the  appropriate
clothing is removed.  Players wil  never be able to view what is behind the mosaic, but there
are no "hidden" animations of genitals - the pixelation IS the animation.

The player character and Matt Mil er wil  both appear naked and covered in goo throughout
one  mission  each  (different  missions)  -  the  mosaic  censor  bar  wil   be  present  for  those
instances.

Several cinematics and locations in the game wil  feature a woman’s breasts on the cover of
a magazine and on some posters (same image for al  of them).

Assessment
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The  nudity  is  of  animated  characters and  is  largely  obscured  and  completely  incidental  to
gameplay.    The  only  depiction  of  unobscured  nudity  is  breast  nudity  in  a  magazine  and
posters used as backbround / stage setting imagery.  The overal  impact is moderate.

2.5 Assessment Summary
This  assessment  summary  is  based  on  the  requirements  of  the  Act,  the  Code  and  the
Guidelines, together with an analysis of the content of the game, made in the context of the
Australian community’s attitudes towards content of this nature,  including content currently
available in a number of MA15+ classified games.

Saints  Row  IV is the latest  instalment in a wel  established franchise that pokes fun at the
open world gangland setting popularised in other games and in film.

The violence in Saints Row IV is highly unrealistic, but it occurs frequently.  Whilst the setting
is  clearly  established  as  “virtual”  and  completely  fantastical,  the  frequency  of  the  violence
results in a high impact.  There is no sexual violence in the game.

There  are  some  references  to  “alien  narcotics”  in  the  game,  including  brief  and  very
infrequent non-interactive depictions of “drug use”, creating a strong impact.

The relatively frequent use of coarse language in the game also has a strong impact.

Other classifiable elements have a lesser impact, or are not present in the game.

As the classifiable element of Violence is high in impact, the game is unsuitable for persons
under 18 years.  It should therefore be classified R18+ with consumer advice that warns the
player about the violent content.
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PART 3 – ANALYSIS OF THE CLASSIFIACTION BOARD’S RC DECISION
3.1 Classification Board’s statement of “Reasons for the Decision”
In  its  report,  the  Classification  Board  provided  a  number  of  reasons  for  the  RC  decision.
Those reasons are analysed below.

Sexual Violence

The  game  includes  a  weapon  referred  to  by  the  Applicant  as  an  “Alien  Anal
Probe”.  The  Applicant  states  that  this  weapon  can  be  “shoved  into  enemy’s
backsides”.  The  lower  half  of  the  weapon  resembles  a  sword  hilt  and  the  upper
part  contains  prong-like  appendages  which  circle  around  what  appears  to  be  a
large dildo which runs down the centre of the weapon. When using this weapon
the  player  approaches  a  (clothed)  victim  from  behind  and  thrusts  the  weapon
between  the  victim’s  legs  and  then  lifts  them  off  the  ground  before  pulling  a
trigger which launches the victim into the air. After the probe has been implicitly
inserted into the victim’s anus the area around their buttocks becomes pixelated
highlighting  that  the  aim  of  the  weapon  is  to  penetrate  the  victim’s  anus.  The
weapon can be used during gameplay on enemy characters or civilians.

The Board states that “the lower half of the weapon resembles a sword hilt and the upper
part  contains  prong-like  appendages  which  circle  around  what  appears  to  be  a  large  dildo
which  runs  down  the  centre  of  the  weapon”.    The  description  is  partial y  accurate.    The
centre of the weapon can conceivably be described as looking like a large dildo, but it could
also  be  described  as  looking  like  a  missile,  a  tongue,  a  fence  post  or  a  thermos  flask.
Describing it as appearing to be “a large dildo” reads too much into the  visual depiction of
the weapon.  This concept appears to be in the mind of the player/viewer rather than clearly
depicted on screen.

The Board concludes its assessment of “sexual violence” with the fol owing statement:

In  the  Board’s  opinion,  a  weapon  designed  to  penetrate  the  anus  of  enemy
characters  and  civilians  constitutes  a  visual  depiction  of  implied  sexual  violence
that  is  interactive  and  not  justified  by  context  and  as  such  the  game  should be
Refused Classification.

In  this  assessment  the  Board  has  missed  the  fact  that  the  Rectifier  probe  weapon  is  not
explicitly described in the game as an anal probe.  However, it is clearly meant to parody the
anal probes described in science fiction and related comedy – contextualising and justifying
the use of the weapon.

The highly stylized depictions of the weapon’s use and the obscured visuals are not “visual
depictions  of  implied  sexual  violence”.    The  interactivity  of  the  action  is  also  questionable.
The player can hit  the correct button to “fire” the weapon, but the resulting visuals are not
player control ed.

It should also be noted that the Rectifier probe weapon is not included in the game.  The
weapon is available separately as a DLC.  This is an add-on as described in Section 5A (2)
of the Act.  The DLC is available for purchase or redemption from online.  The “game code”
for the weapon is included in the original game, but the player must purchase an activation
code separately for it to be accessible.
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Drug Use

In detailing its decision regarding drug use, the Board states:

Smoking  the  “alien  narcotics”  equips  the  player  with  “superpowers”  which
increase  their  in-game  abilities  allowing  them  to  progress  through  the  mission
more easily.

This broad statement is subsequently explored in more detail.

One character describes that the drug, referred to during the mission as an “alien
narcotic”, will “enhance abilities on top of giving you a really wicked buzz”.
...
Within moments [of using the “alien narcotic] the player begins to feel the effects
of the drug, commenting “(my) powers feel limitless”, “(I) feel like every muscle
inside me is going to burst” and “holy crap we have superpowers”.

In  al   fictional  stories  –  particularly  science  fiction  ones  –  characters  wil   says  things  that
exaggerate what is actual y going on.  This may be a flaw in the character, or it may be a
story tel ing technique used to attract the reader/viewer/player’s attention.  In classifying the
computer  game,  it  is  necessary  to  separate  the  depictions  and  descriptions  of classifiable
elements from any hyperbole used by characters or the story tel er.

After  killing  the  dealer  the  player  is  depicted  implicitly  smoking  from  what
appears to be a small glass pipe.

The  device  or  object  used  by  the  player  character  does  not  appear  to  be  a  “smal   glass
pipe”.    It  is  shown  as  a  broken  glass  bulb  that  the  character  implicitly  holds  a  lighter  to
(although  the  actual  lighter  is  not  shown).    Whilst  the  depictions  are  similar  to  those  that
might be expected if the character was using a glass pipe or similar smoking paraphernalia
familiar to the viewer, the depiction does not show a glass pipe.

The player then embarks on a mission to locate and kill an enemy character  and
is  depicted  using  superpowers  which  include  increased  speed  and  jumping
abilities.

The player does embark on the rest of the mission to hunt down and kil  the enemy.  The
player  can  also  use  superpowers  during  this  mission.    The  superpowers  described
“increased  speed  and  jumping  abilities”  are  not  obtained  through  the  use  of  the  “alien
narcotic”,  and  are  already  in  use  by  the  player  prior  to  the mission.    As noted above,  the
player may gain increased stamina from the narcotic, but this ability can be gained in other
ways – and in normal gameplay a player wil  have already gained this ability.

The Board draws the fol owing conclusion about the “drug use”:

In  the  Board’s  opinion,  there  is  insufficient  delineation  between  the  “alien
narcotic” available in the game and real-world proscribed drugs. The Board notes
that the label “narcotics” is commonly assigned to describe a class of real-world
drugs that include such proscribed substances as cocaine and heroin. In addition,
the  means  by  which  the  drugs  are  obtained  (from  a  street  dealer)  and  the
method  of  administration  (smoked  using  a  small  glass  pipe)  parallel  real-world
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scenarios  and,  when  used,  the  drug  provides  quantifiable  benefits  to  a  player’s
character.  This  game  therefore  contains  drug  use  related  to  incentives  and
rewards and should be Refused Classification.

As noted  above,  the device  used  by  the  player  character  is  not  a  “smal   glass pipe”.    The
Board  states  that  “the  drug  use  provides  quantifiable  benefits”,  but  fails  to  quantify  them.
This is understandable, because in terms of gameplay, there are no quantifiable benefits to
using the “alien narcotics”.  The other statements drawing links between the “alien narcotics”
and  real  world  drugs  are  quite  subjective,  but  understandable.    However,  they  are  smal
elements that are used to shore up a fragile argument.

3.2 Materials Provided to the Classification Board to Support the
Application for Classification
The  above  analysis  of  the  Board’s  decision  indicates  that  it  is  perhaps  a  flawed  decision.
However, the error was not necessarily created by the Board’s failure to correctly apply the
guidelines,  but  rather  created  from  their  failure  to  require  higher  quality  materials  and
information from the applicant.

The applicant for the classification of Saints Row IV, Koch Media, is not based in Australia
and  does  not  operate  an  office  in  Australia  and  nor  does  it  employ  trained  Authorised
Computer Games Assessors.  This puts the applicant at a distinct disadvantage in terms of
providing sufficient and pertinent information to al ow the Board to make a quality decision.

Under section 17 of the Classification (Publications, Films and Computer Games) Act 1995,
the application must be:
...

(e)  accompanied by a document setting out:

(i)  the title of the game; and

(ii)  the year of production; and

(iii)  the name of the publisher; and

(iv)  the country of origin; and

(v)  a description of game play.

In  practice,  the  vast  majority  of  computer  game  applications  are  accompanied  by  an
Authorised  Assessor  Report.    Whilst  section  17  of  the  Act  only  requires  the  assessment
prepared  by  the  authorised  person  to  include  “a  recommended  classification  of  the  game”
and  “consumer  advice  appropriate  to  the  game”,  the  forms  approved  by  the  Director  also
include  provision  for  a  “description  of  gameplay”.    This  is  a  very  practical  mechanism  to
ensure that applicants place al  of the relevant information into one document accompanying
the application form.  In fact it is so practical and convenient that regular applicants use the
assessor form as their “document setting out ...  a description of gameplay” for games that
are  likely  to  be  classified  MA15+  or  18+  -  classification  categories  that  cannot  be
recommended by an assessor.  The form even has a statement on the front page indicating
that this practice is acceptable and even encouraged.

The “description of gameplay” provided by the applicant is a simple document with the title
“SR  IV  Gameplay  Description”.    Over  two  pages  the  content  (in  terms  of  content  that  is
described as “classifiable elements” under the Australian National Classification Scheme) is
briefly described.  This is fol owed by very brief descriptions of each mission.

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The Gameplay Description does not include enough details for  the Classification Board to
make  a  quality  decision.    The  document  clearly  uses  extensive  hyperbole  taken  from
promotional and advertising material.  This is a common mistake made in many applications
for  classification.    Most  Authorised  Assessors  employed  in  the  Australian  computer  game
industry only do assessment work as a minor part of their jobs.  Most are from marketing and
PR roles.  The Board and Classification Branch training staff spend a lot of time and effort
teaching  and correcting  assessors  when  they  use marketing  language  designed to  create
interest and excitement instead of clear and detailed descriptions of actual gameplay.

Koch Media has not had access to the high quality guidance provided by the Board and the
Classification  Branch.    This  is  evident  when  reading  the  “gameplay  description”  that  lacks
detail and references terms not included in the game.  As noted above, further impacting on
this problem is that fact that the language used in the original submission was prepared by a
native German speaker, resulting in particular translations of game concepts and activities
which may have given a more literal and directive perspective on gameplay elements than
would be strictly accurate or observable to the game player.

The Classification Board should have declined to deal with the application as incomplete or
insufficient.  After validating a poorly written application, the Classification Board has been
“forced”  to  make  incorrect  assumptions.    This  has  resulted  in  an  incorrect  classification
decision.

3.3 Summary Analysis of Classification Board’s Reason for the RC Decision

The Classification Board made a decision regarding Saints Row IV that makes assumptions
in  the  analysis  of  the  content  of  the  game.    Those  assumptions  were  in  part  incorrect.
However, the Board was required to make those assumptions because it failed to reject a
poorly written application.  The Board should have taken into  account that the applicant is
unfamiliar  with  the  Australian  National  Classification  Scheme,  and  either  declined  to  deal
with the application, or provided customer service to assist the applicant in providing better
quality information.

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PART 4 – SUBMISSION SUMMARY

This  submission  to  the  Classification  Review  Board  provides  a  clear  assessment  that  the
computer game Saints Row IV includes content that warrants an R18+ classification.

There  is  no  sexual  violence  in  Saints  Row  IV.    There  is  a  “joke”  weapon  (available  by
download only and not included in the game being classified) that parodies the classic alien
probe.  However the depictions seen when this weapon is used are obscured and do not
include detail.  This element of gameplay is sil y, childish crude humour – not implied sexual
violence.

The use of “alien narcotics” in one mission in the game can arguably have some resonance
with real world drug use.  However any rewards and incentives are at best intangible, and in
reality non-existent or virtual y non-existent.

The  Classification  Review  Board  is  required  by  the  Act  to  make  a  fresh  classification
decision – classifying the game against the requirements of the Act, Code and Guidelines.
In addition to an assessment against the legislative framework, this submission has made
some analysis of the classification decision of the Classification Board, with the purpose of
discovering how that Board may have come to a decision that does not accurately reflect the
content of the game.  The purpose of this analysis is not to criticise the Classification Board,
but rather to examine possible flaws in the application and classification process that may
have resulted in an “incorrect” classification decision.

In  conclusion,  the  computer  game  Saints  Row  IV  contains  violent  content  that  is  high  in
impact and unsuitable for persons under 18 years.  The game should be classified R18+.

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Doc 3
File No: T13/1528

Decision Report
Classification decisions are made in accordance with the Classification (Publications, Films and Computer
Games) Act 1995 (the Act), the National Classification Code and the Classification Guidelines.
Production Details:
Title:
SAINTS ROW IV
Alternate titles:
Publisher:
DEEP SILVER
Programmer:
DEEP SILVER VOLITION
Production Company:
Year of Production:
2012
Duration:
VARIABLE
Version:
ORIGINAL
Format:
MULTI PLATFORM
Country/ies of origin:
USA
Language/s:
EFIGS
Application type:
CG2
Applicant:
KOCH MEDIA GMBH
Dates:
Date application received by the Classification Board: 13 May 2013
Date of decision: 19 June 2013
Decision:
Classification:
RC
Consumer advice:
_________________________________________________________
A senior panellist has confirmed that the application considered was valid under the Act and that this Decision
Report accurately reflects the Board’s
RELEASED BY THE
decision and any minority
ATTORNEY-GENERAL'S
opinions.
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Synopsis:
This open-world action game, for the XBOX 360, is the fourth in the Saints Row series and is a
direct sequel to Saints Row: The Third. In this instalment players control the leader of the Third
Street Saints, who has been elected as the President of the United States after it comes under
attack from an alien race. Players navigate open world environments and complete missions with
the main objective being to destroy the Zin alien empire.
Reasons for the Decision:
In making this decision, the Classification Board has applied the Classification (Publications, Films
and Computer Games) Act 1995 (the Classification Act), the National Classification Code (the
Code) and the Guidelines for the Classification of Computer Games 2012 (the Guidelines).
In the Board’s view this game warrants an ‘RC’ classification in accordance with item 1(a) of the
computer games table of the National Classification Code:
“1. Computer games 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 adults to the
extent that they should not be classified;” will be Refused Classification.
Computer games that exceed the R 18+ classification category will be Refused Classification. At
the R 18+ classification, the Guidelines state:
“Implied sexual violence that is visually depicted, interactive, not justified by context or related to
incentives or rewards is not permitted”; and
“Drug use related to incentives and rewards is not permitted”.
The Guidelines also state that computer games will be Refused Classification if they contain “illicit
or proscribed drug use related to incentives or rewards”.
The game includes a weapon referred to by the Applicant as an “Alien Anal Probe”. The Applicant
states that this weapon can be “shoved into enemy’s backsides”. The lower half of the weapon
resembles a sword hilt and the upper part contains prong-like appendages which circle around
what appears to be a large dildo which runs down the centre of the weapon. When using this
weapon the player approaches a (clothed) victim from behind and thrusts the weapon between
the victim’s legs and then lifts them off the ground before pulling a trigger which launches the
victim into the air. After the probe has been implicitly inserted into the victim’s anus the area
around their buttocks becomes pixelated highlighting that the aim of the weapon is to penetrate
the victim’s anus. The weapon can be used during gameplay on enemy characters or civilians.
In the Board’s opinion, a weapon designed to penetrate the anus of enemy characters and
civilians constitutes a visual depiction of implied sexual violence that is interactive and not
justified by context and as such the game should be Refused Classification.
The game contains an optional mission which involves the player obtaining and smoking drugs
referred to as “alien narcotics”. Smoking the “alien narcotics” equips the player with
“superpowers” which increase their in-game abilities allowing them to progress through the
mission more easily. The mission requires players to locate and kill a drug “dealer” to “score
something to boost (them) up for killing”. During the mission onscreen prompts guide the player
to “Go to deal location” and “Get drugs”. One character describes that the drug, referred to
during the mission as an “alien narcotic”, will “enhance abilities on top of giving you a really
wicked buzz”. After killing the dealer the player is depicted implicitly smoking from what appears
to be a small glass pipe. The drugs they obtain from the first dealer do not achieve the desired
effects and the player locates and kills a second dealer. After killing this dealer the player is again
depicted implicitly smoking from a small glass pipe. Within moments the player begins to feel the
effects of the drug, commenting “(my) powers feel limitless”, “(I) feel like every muscle inside me
is going to burst” and “holy crap we have superpowers”. The player then embarks on a mission to
locate and kill an enemy character and is depicted using superpowers which include increased
speed and jumping abilities.
In the Board’s opinion, there is insufficient delineation between the “alien narcotic” available in
the game and real-world proscribed drugs. The Board notes that the label “narcotics” is
commonly assigned to describe a class of real-world drugs that include such proscribed
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substances as cocaine and heroin. In addition, the means by which the drugs are obtained (from
a street dealer) and the method of administration (smoked using a small glass pipe) parallel real-
world scenarios and, when used, the drug provides quantifiable benefits to a player’s character.
This game therefore contains drug use related to incentives and rewards and should be Refused
Classification.
Decision:
This game is Refused Classification.
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Classification Board use only
______________
Names of panel members constituted for decision:
S47F(1)

Details of opinions (including minority views):
Unanimous
A senior panellist has confirmed that the application considered was valid under the Act.
A senior panellist has confirmed that all members constituting the Board for this decision have considered the
application and that this Decision Report is a true and accurate reflection of the Board’s decision and any
minority opinions.
Decision signed off by a senior panellist.
Decision signed off by Director ...........................................................Date ....../....../...............
(required for all enforcement applications, commercial RC decisions and non-ISP ACMA RC decisions)
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