Following on from my recent posts (here and here) about the role of the Irish Film Censor’s Office (IFCO), last week brought news that the Censor, John Kelleher, had exercised his powers for the first time to ban a computer game on grounds of violence. The Video Recordings Acts, 1989 and 1992 extend the powers in the Censorship of Films Acts, 1923-1992 to cover videos (all of the relevant legislation is collected here). In particular, the Video Recordings Act, 1989 (also here) gives the Censor the power to certify and/or ban “video recordings”. Marie McGonagle discusses the system here (pdf; see pp 23-30; hat tip: TJ McIntyre). Although the definition of “video recording” in section 1 of the 1989 Act is sufficiently wide to cover games, they are (by another definition in the same section) exempted from that definition unless they are “unfit for viewing” (as defined in section 3); and if they are so unfit, then the Censor may ban them under Section 7(1)(b) of the Act, which provides:

If the Official Censor, having examined a video recording containing a video work … is of opinion that the work is unfit for viewing because …

(b) it depicts acts of gross violence or cruelty (including mutilation and torture) towards humans or animals,

he may make an order … prohibiting the supply of video recordings containing the work.

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The Manhunt II saga is probably finally over in the UK (hat tip: Daithí­ off-blog), but perhaps there is one further stage left in Ireland.

As readers of this blog will know, last June the Irish Film Censor’s Office (IFCO), exercised its power to ban Rockstar Games’ Manhunt II, following the lead of many other countries’ authorities, including the UK’s BBFC (see here and here) earlier the same month. When an edited version was submitted, the BBFC reaffirmed their decision in October, but the the BBFC’s Video Appeals Committee (VAC) allowed Rockstar’s appeal in December. In turn, the BBFC appealed this decision to the High Court, which allowed the case to go ahead and then held in January 2008 that the VAC had misinterpreted the relevant legislation and had to consider the issue again (see R (on the application of the British Board of Film Classification) v Video Appeals Committee QBD (Admin) (Mr Justice Mitting) (24 January 2008)). And so the matter returned to the VAC, which this week reaffirmed its earlier decision to allow the game to be released. …

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Further to my post last June about various countries banning the controversial computer game Manhunt II, matters have not stood still. Soon after the various bans, Rockstar made some changes to the gameplay. In the US, these tweaks were sufficient to reduce its classification from an Adults Only (AO) rating to a Mature (M) rating, allowing it to be bought by anyone aged 17 or more. Then Rockstar reapplied to the BBFC in the UK, but, in October, they upheld their June decision not to certify (in effect, to ban) the game (see The Register).

But that has not proved to be the end of the story; this week, the BBFC’s Video Appeals Committee has allowed Rockstar’s appeal against the ban in the UK – by the slimmest of margins, on a vote of 4 to 3 (BBC | The Register | Daily Telegraph). The effect of the appeal is that the BBFC must consider the game again, and if it does nothing, then it will be released with an 18 certificate.

So far as Ireland goes, I’m not aware whether Rockstar has brought an appeal against IFCO‘s original ban on Manhunt II or whether they submitted the revised version of the game for classification, but if they succeed in releasing a version of the game in the UK, can Ireland be far behind?…

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