Distributor Take 2 Interactive's requestfor a review of the "Refused Classification" rating given to Grand Theft Auto 3 by the Office of Film & Literature Classification (OFLC) has resulted in the review board upholding the original classification of "RC"-- making sale of the game illegal and causing all remaining copies to be pulled from retail.
This means that the game, rather than existing under a seemingly innocuous MA15+ rating, now falls under a black market shadow. In fact, the "Refused Classification" status of Grand Theft Auto 3 leaves retailers who continue to sell it liable for prosecution under relevant Australian State and Territory legislation.
Take 2 Interactive have moved quickly to comply with the letter of the law, according to the OFLC director, Des Clark.
"I have been assured by the distributor all stock will be recalled and retailers had previously been asked to remove stock from their shelves. Community Liaison Officers have also been visiting retailers to let them know of the substantial penalties involved in selling refused classification stock."
The statement prepared by the OFLC takes pains to illustrate the repercussions of releasing game software with incorrect classification labelling. This seems to add weight to indications that Take 2 Interactive had allegedly released the game with an OFLC MA15+ rating on the packaging, when in fact no such classification had been awarded.
The OFLC's spokesperson, Tricia Flanagan would not be drawn today on the subject of enforcement. She once again re-iterated the OFLC's advisory role, explaining that: "Censorship is the responsibility of all nine governments. Enforcement provisions for the classification scheme are contained in State and Territory legislation. There are some variations (between states)."
Considering the title's high popularity and critical acclaim, original copies of the Australian-region-encoded game may now become collector's items for videogame aficionados. Particularly as Take 2 Interactive is considering releasing a toned down version of the game to comply with local censorship guidelines.
ZDNet Australia spoke to Take 2 Interactive Australia spokesperson Leanne Pine on the subject of re-releasing the game: "It is something we are looking at it, we don't know if it is going to be possible, but that's something we would look forward to. We have to wait for the full report from the OFLC, to be able to know what element of the game resulted in the RC rating. To be able to then cut that part out." she said.
However, such activities hold a substantial cost for the game publisher and distributor, which may impact the likelihood of re-release.
Ms Pine elaborated: "We would have to look at the timelines and the cost for it, as it's (the banning of a game title) never happened to us before."
This appears to be the first outright banning and product recall of Grand Theft Auto 3 in the world.
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