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eLaw Journal: Murdoch University Electronic Journal of Law |
Despite the threatening state of the weather last evening there was another large attendance at 'Ye Olde English Fayre'. The audience loudly cheered the realistic pictures produced by Edison's invention.[8]
I was delighted with the entertainment. If so instructive to us Seniors how full of ideas it must be to the young. I think every child should see it.[16]
NIAGARA IN WINTER
Taken during the recent severe weather in America when the Falls were completely frozen over for the first time since 1861 therefore, never before kinematographed under these conditions. Weird, majestic, awe inspiring scenes of great beauty. A unique picture which should not be missed by lovers of the grand and beautiful in nature.POMPEII: THE CITY OF THE DEAD
A series of thrilling interest showing Pompeii as it is. An impressive picture of the ruin and desolation caused by the stupendous calamity, A.D.79.[18]
Other films included 'The Oasis of Zidene' and 'Mohammedans at Home'. The 'Dramatic Sketches' were confined to a list at the end of the advertisement.[19]
The insane jealousy of Henry Durand tortures his beautiful wife. At a costume fete she meets an old friend, Tom Franklin. Blind with jealous rage Durand falsely accuses her. In despair she kills herself. Durand uses his young daughter to wreck his vowed revenge on Franklin. She makes Franklin love her and then repudiates him on their wedding day. When he seeks death her real love for him asserts itself and she becomes his wife.[21]
Other film titles from the same day's paper included 'Cheating Herself', 'Love is love', 'Flower of the Dusk' and 'Branding Broadway'. [22]
On my own experience and the testimony preferred by several trustworthy friends, I declare that the management have indeed, filled up their programme in too promiscuous a manner not to alarm a certain portion of the community .... Will family ties be strengthened by it? Is it a proper training for our children who will later on be husbands and wives?[39]
The clergy and laity form the Rural Deanery of Bunbury added their complaints one month later:
This council having noted with regret the increasing number of pictures shown at Cinematograph exhibitions which tend to demoralise the minds of the young who witness them, respectfully urge the Government to exercise a closer supervision over the character of the pictures exhibited.[40]
It is undeniable that a woman - the right woman - possesses the intuitive faculty in an eminent degree. It gives her an insight into the child mind that few men possess.[46]
Thus, it is important to remember, when assessing this material, that the arguments used by women in this debate represent an attempt to move outside the arena of the home and into national debate. Their views might seem conservative but they nevertheless represent a concerted attempt by women to obtain some say in events at a political level.
Some of the films were decidedly immoral... These things familiarised growing children with crime and immorality, and their moral sense was deadened.[49]
That in the opinion of the Conference a State board should be appointed to supervise picture shows [and] that educational, scenic, industrial and humorous pictures should comprise the programme at matinees.[50]
There is very little that is objectionable about any of the pictures that are being shown now and that little is purely a matter of taste.[52]
...It is rarely if ever that such are publicly shown. The class of picture I refer to does not I think, exercise a harmful influence on others than children.[55]
In accordance with your request we now beg to advise you that we have removed from the picture 'Resurrection' the three portions you asked us to excise, namely the bedroom scene, the title, 'A Life Without Hope' and the first portion of the tavern scene - in which two women quarrel, and these sections have been handed over to Inspector Drewry.[58]
A very considerable portion of the audience attending picture shows both at Perth, Kalgoorlie and perhaps throughout the State is composed of young boys and girls of tender age and possibly a good many of them are allowed to visit picture shows without the protection of their parents or guardians.[63]
The average individual would say that the class of pictures shown in Perth is, on the whole, good. That is, they are not likely to subvert the morals of any ordinarily constituted person ... We enter the realm of controversy however in respect to the effect of films upon children or upon those in the period of adolescence ... The cinematograph is not an elevating influence on the tender mind.[64]
If there were five or six separate censorships a film might be passed as satisfactory in New South Wales, but when it reached Victoria it might be prohibited with the result that, as these films were continually travelling from one State to another, great inconvenience would be caused and a lot of waste expenditure in advertising etc., in addition to disappointment to the public.[69]
The Commonwealth Government take effective action with regard to the censorship of picture films with a view to securing uniformity throughout the Commonwealth.[71]
These regulations were issued under the Customs Act 1901 (Cth).
We are filled with alarm at what is fast becoming a very serious menace to their morals and well being. Without doubt the pictures which they see play no small part in the formation of their character and their outlook on life.[73]
It is quite true that youths who have been caught robbing their employers have pleaded ... that they learnt to be criminals through visiting picture shows.[75]
Too often it is a world in which vice and crime are presented in the most alluring guise. It is a world in which indulgence in the illicit pleasures is the commonplace method of extracting the last ounce of joy from life.[78]
The chief danger lies not in the theme which is treated but in the method of its treatment. Dramas in which the sympathy of those who witness them is insidiously on behalf of the criminal are wholly destructive of the healthy civic tone.[79]
To the boy and girl given to deception these night entertainments give special opportunity to practise same. The smoking habit by mere boys is growing in practice to an alarming extent. The girl of the flapper type has an excellent opportunity of behaving in a manner which is not conducive to her best interests.[87]
The business of those who can take a broad and honest survey of the whole question is to protect the masses from the pollution which they themselves are incapable of observing or feeling.[92]
... to make poorer children look slightingly on their own less prosperous homes. Accentuating the bitter class consciousness already being fostered among them.[93]
While no exception has been taken to the film referred to, my committee are of the opinion that suggestive advertisements ... are a source of danger to the community.[95]
This concern was voiced by organisations throughout Australia.
In Western Australia where the out-door life of children is proverbial and their amusements are generally out of doors, they are the more readily impressed by the illustrations shown in the films of out-door life embracing more or less dangerous horse-riding, shooting and certain types of housebreaking and other highly sensational crime, say nothing of the highly promiscuous love-scenes often witnessed on films.[99]
... The appointment of a State Board would to a certain extent cripple the operations of local exhibitors and film exchanges and ultimately bring about increased cost to the public... The various films allotted to Perth are usually received immediately after South Australia or Victoria. They leave Adelaide by the Great Western on the Saturday or the Tuesday, arriving here on the following Tuesday or Friday... Assuming a State Board were in operation and decided to prohibit one of these pictures it would mean that the theatre to which that film was booked would have to shut up for three days. Further, until the Board made a decision, it would mean that we would not be able to advertise our pictures one day prior to actual screening. All our pictures are handled by Eastern Agents. Now if a certain company is handling say six pictures and two of them are turned down by the censors here, that Company would have no redress from the Manufacturers and the only way to even up things would be to increase the cost of film hire for Western Australia. In other words the Film Exchange handling those six films would have to spread the charge on the other four so that they would bring in the same return as if six had been passed.[100]
On a Friday night our attendances would be about 40% children... Our theatre is a new one, in which about 12,000 [pounds] is invested. The patronage of children on a Friday night is an important factor in its success. Our audiences on Friday and Saturday nights make up for the week.[114]
I have seen ... home-made skeleton keys and other metal devices which ... were the work of a boy of fourteen whose parents informed me it was impossible to keep from the picture shows, from which he had gained his early lessons in the art of wrong doing.[117]
He then argued that there were additional problems associated with films which prompted juvenile delinquency. Earles reported that he had 'often gained the admission that the mother herself goes to the pictures twice a week, and leaves the home and family to their own devices'.[118]
A serious injury to eyesight caused by rapid revolution of the cinema; weariness owing to late hours ...; general excitement too frequently generated of a sexual nature and dangers personally in the same direction ...; moral injury to their sense of modesty and suggestions emphasising that married life is too frequently neither as happy nor as decently conducted as it might be ... The use of firearms and other people's horses and property ... fosters a distinctly criminal type of mind ... The mistake of setting the purer types of pictures into such wealthy and luxurious surroundings, tending to make poorer children look slightingly on their own ... an accentuates the bitter class consciousness already being fostered among them ... The spiritual injury is also very great, and little is done to build up this important side by pictures of the right kind.[128]
The cinema could be used ... in many interesting ways to illustrate all forms of life, increase interest in history, biography, travel ... thus helping to imbue the child with high ideas, general upliftment and also ... good manners.[131]
PRIMARY SOURCES
Unpublished Papers
Western Australian State Government (Battye Library)
Colonial Secretary's Files (AN 24 Acc. 752): 2294/1919 'Appointment of a Censor', Volume 1 1911-1921, Volume 2 1921-1945; 739/1923 'Adoption of Uniform Laws throughout the Commonwealth'.
Published Papers
Royal Commission (Alexander Library)
'Report of the Royal Commission into the Moving Picture Industry in 1927-1928.' Commonwealth Parliamentary Papers 1927/8.
Minutes of Evidence (Australian National Library) 'Western Australian Minutes of Evidence' from the Royal Commission in to the Moving Picture Industry (791.40994 AUS).
Newspapers
Daily News 1900-1912.
Kalgoorlie Miner 1911-1913.
Morning Herald 1896.
Record 1912.
West Australian 1896-1920.
SECONDARY SOURCES
Unpublished
Bertrand, Ina. 'Government Regulation of Film Exhibition in Australia to 1960.' PhD Thesis, La Trobe University, 1973.
Collins, Diane. 'Cinema and Society in Australia 1920-1939.' PhD Thesis, University of Sydney, 1975.
Articles
Cashen, Paul. 'The Truant as Delinquent: The Psychological Perspective, South Australia, 1920-1940', Journal of Australian Studies 16, (May 1985): 71-83.
Davison, G. 'The City-Bred Child and Urban Reform in Melbourne 1900-1940' P. Williams (ed) Social Processes and the City (Sydney, 1983): 143-174.
Books
Allen, R and Gomery, D. Film History: Theory and Practice. New York: Alfred Knopf, 1985.
Balio, T. The American Film Industry. Madison: University of Wisconsin Press, 1976.
Bell, M. Perth: A Cinema History. Sussex: The Book Guild Ltd, 1986.
Bertrand, I. Film Censorship in Australia. St. Lucia: Queensland University Press, 1978.
Bertrand, I. and Collins, D. Government and Film in Australia. Sydney: Currency Press, 981.
Brand, S. Picture Books and Flea Pits. Sydney: Dreamweaver Books, 1983.
Coleman, P. Obscenity, Blasphemy and Sedition. Brisbane: Jacaranda Press, 1962.
Collins, D. Hollywood Down Under. Sydney: Angus and Robertson, 1987.
Crawley, F. (ed) A New History of Australia. Melbourne: William Heinemann, 1974.
Dutton, G. and Harris, M. (eds) Australia's Censorship Crisis. Melbourne, Sun Books, 1970.
Grieve, N. and Grimshaw, P. (eds) Australian Women Feminist Perspectives. Melbourne: Oxford University Press, 1981.
Gutzche, T. History and Social Significance of Motion Pictures in South Africa 1895-1940. Cape Town: Howard Timmins, 1972.
Hall, K. Australian Film: The Inside Story. Western Australia: Summit Books, 1980.
Hampton, B. History of the American Film Industry. New York: Dover Publications, 1970.
Hetherington, P. (ed) Childhood and Society in W.A. Perth: U.W.A. Press, 1988.
Hunnings, N. Film Censors and the Law. London: George Allen and Unwin, 1967.
Jowett, G. Film: The Democratic Art. Boston: Little Brown and Company, 1976.
Macintyre, S. The Oxford History of Australia Volume 4 1901-1947. Melbourne: Oxford University Press, 1986.
Matthews, J. Good and Mad Women. Sydney: George Allen and Unwin, 1984.
Moran, A. and O'Regan, T. (eds) An Australian Film Reader. Sydney: Currency Press, 1985.
O'Regan, T. and Shoesmith, B. (eds) The Moving Image: Film and Television in Western Australia 1896-1985. Western Australia: History and Film Association, 1985.
Randall, R. Censorship of the Movies. Madison: University of Wisconsin Press, 1968.
Reid, G. and Oliver, M. Premiers of Western Australia 1890-1982. Perth: U.W.A Press, 1982.
Shirley, G. and Adams, B. Australian Cinema - The First Eighty Years. Sydney: Angus and Robertson, 1983.
Spearritt, P. and Walker, D. (eds) Australian Popular Culture. Sydney: George, Allen and Unwin, 1979.
Thompson, K. Exporting Entertainment. London: British Film Institute, 1985.
Tribe, D. Questions of Censorship. London: George, Allen and Unwin, 1973.
Tulloch, J. Australian Cinema: Industry Narrative and Meaning. Sydney: George, Allen and Unwin, 1982.
Windschuttle, E. (ed) Women Class and History. Melbourne: Fontana, 1980.
[1] See for example, Christopher N Kendall, Australia's New Internet Censorship Regime: Is this Progress?' (1999) 1(3) Digital Technology Law Journal http://wwwlaw.murdoch.edu.au/dtlj/1999/vol1_3/kendall_abstract.html
[2] For example, Ina Bertrand, Film Censorship in Australia (St. Lucia: University of Queensland Press, 1978), and Diana Collins, 'Cinema and Society, 1920-1939', PhD Thesis (University of Sydney 1975).
[3] Neville Hunnings, Film Censors and The Law (London: George, Allen and Unwin Press, 1967) p.286.
[4] Ibid
[5] Ibid
[6] West Australian, (hereafter cited as W.A.) 21 November 1896.
[7] W.A. 23 November 1896.
[8] W.A. 24 November 1896.
[9] Morning Herald, (hereafter cited as M.H.) 23 November 1896.
[10] M.H. 14 December 1896.
[11] W.A. 1 January 1905 and Diana Collins, Hollywood Down Under (New South Wales: Angus and Robertson, 1987), p.5.
[12] W.A. 12 November 1900.
[13] Sample taken by examining the first seven papers for each month. W.A. January-June 1909.
[14] Bertrand, p.14.
[15] Collins, 'Cinema and Society..', p.241.
[16] W.A. 19 November 1900.
[17] W.A. 13 January 1909.
[18] W.A. 1 June 1909.
[19] W.A. 1 June 1909.
[20] Sample taken from week one of January, February , March. W.A. January-March 1920.
[21] W.A. 3 January 1920.
[22] W.A. 3 January 1920.
[23] W.A. 5 January 1920.
[24] W.A. 1 April 1909.
[25] W.A. 1 January 1920.
[26] Garth Jowett, Film: The Democratic Art (Boston: Little Brown and Company, 1976), p.141.
[27] Ibid. p.141.
[28] Ian Turner '1914-1919' in F. Crowley, ed A New History of Australia (Melbourne: Heinemann Publishers, 1984), p.352.
[29] Ibid. p.354.
[30] Jill Matthews, Good and Mad Women (Sydney: George Allen and Unwin, 1984) p.76.
[31] Ibid. p.79.
[32] Jowett, p.142.
[33] John Tulloch, Australian Cinema Industry Narrative and Meaning (Sydney: George Allen and Unwin, 1982), p.4.
[34] Ruth Megaw, 'American Influence on Australian Cinema Management, 189601923, in A. Moran and T. O'Regan eds, An Australian Film Reader (Sydney: Currency Press, 1985), pp.28-29.
[35] Ibid. p.29.
[36] Ibid.
[37] W.A. 23 January 1909.
[38] W.A. 31 December 1908.
[39] Letter from Leonora, 29 January 1912. Colonial Secretary's File No. 2294. 'Appointment of a Censor', Vol. 1. Call No. 752, AN 24 (Battye Library, Perth, W.A.).
[40] Letter from clergy and laity of Rural Deanery of Bunbury, 9 February 1912. Colonial Secretary's File No. 2294.
[41] Letter from Ministerial Society of Northam, 27 June 1912. Colonial Secretary's File No. 2294.
[42] Record 4 February 1912, p.10. See also 7 July 1917, p.12.
[43] See Record 11 November 1911, p.1, and 22 June 1912, p.1.
[44] Collins, Hollywood Down Under, p.185.
[45] N. Grieve and P. Grimshaw, (eds), Australian Women: Feminist Perspectives (Melbourne, Oxford University Press, 1981), pp.156-157.
[46] West Australian 30 May 1920.
[47] Colonial Secretary's File No. 2294.
[48] Letter from National Council of Women, 12 July 1916. Signatures on letter: St. Andrews Guild, Wesley Guild, Trinity Church Guild, Women's Christian Temperance Union, Australian Natives Association, Women's Service Guild, British Immigrants Association, Children's Protection Society, Ministering Children's League, Time and Talent Club, Karrakatta Club, Kindergarten Union, Silver Chain, Claremont District Nurses Society, Women's Liberal League, Labour Women's Club, Mothers' Union, Girls Friendly Society, Charity Organisation Society, Salvation Army, Braille Writers' Association, Public Morals Association, House of Mercy, Australian Freedom League, Farmers and Settlers Association, Colonial Secretary's File No. 2294.
[49] Letter from National Council of Women, 1 August 1912. Colonial Secretary's File No. 2294.
[50] Minutes of deputation to the Colonial Secretary, 8 November 1912. Colonial Secretary's File No. 2294.
[51] Minutes of deputation to Colonial Secretary from Women's Conference, 1 August 1912. Colonial Secretary's File No. 2294.
[52] Report from Commissioner of Police, 6 March 1912. Colonial Secretary's File No. 2294.
[53] Letter to Colonial Secretary, 26 August 1912. Colonial Secretary's Files No. 739. 'Adoption of Uniform Laws throughout the Commonwealth.' AN 24, Call No. 752. (Perth: Battye Library.)
[54] Letter to Premier, 30 August 1912. Colonial Secretary's File No. 739.
[55] Letter from Under Secretary, 15 July 1912. Colonial Secretary's File No. 2294.
[56] Bertrand, p.2.
[57] G.S. Reid and M. Oliver, Premiers of Western Australia 18900-1982 (Perth: University of Western Australia Press, 1982), p.381.
[58] Letter from the industry, 15 February 1913. Colonial Secretary's File No. 739.
[59] Collins, Hollywood Down Under, p. 51.
[60] Letter from Mothers' Union of Anglican Diocese of Perth. 18 May 1916. Colonial Secretary's File No. 2294.
[61] W.A. 30 May 1912.
[62] Report to Commissioner of Police, 6 March 1912. Colonial Secretary's File No. 2294.
[63] Report to the Commissioner of Police, 18 May 1916. Colonial Secretary's File No.2294.
[64] Editorial in W.A. 2 June 1916.
[65] 1 June 1916. Colonial Secretary's File No. 2294.
[66] Letter from the Public Questions Committee, 20 June 1916. Colonial Secretary's File No.2294.
[67] Letter to National Council of Women, 20 October 1916. Colonial Secretary's File No.2294.
[68] Reid and Oliver, p. 381.
[69] Minutes from deputation of Motion Picture Proprietors, 5 January 1917. Colonial Secretary's files No. 739.
[70] Letter to the Premier 28 December 1912. Colonial Secretary's File No. 2294.
[71] 5 January 1917. Colonial Secretary's File No. 739.
[72] Bertrand, p.48.
[73] Kalgoorlie Miner 13 March 1918.
[74] See 27 June 1921. Colonial Secretary's File No. 2294.
[75] Report from National Council of Women, 1 December 1920. Colonial Secretary's Files No. 2294.
[76] Letter from Elizabeth Mellows, 27 June 1921. Colonial Secretary's Files No. 2294.
[77] Report in the West Australian from Justice's Association, 14 March 1923.
[78] Letter from Justice's Association, 30 May 1921. Colonial Secretary's File No. 2294.
[79] Ibid.
[80] Report from the Advisory Committee of the League of Nations, April 1925. Colonial Secretary's Files No. 2294.
[81] Daily News 21 February 1923.
[82] Survey taken from the first week of the first three months of 1918-1923 in the West Australian.
[83] See G. Jowett, p.85.
[84] P. Cashen, 'The Truant as Delinquent: the Psychological Perspective, South Australia, 1920-1940'. Journal of Australian Studies, 16 May 1985, p.79.
[85] G. Davison, 'The city-bred child and urban reform in Melbourne 1900-1940' in P. Williams (ed.) Social Processes in the City (Sydney, 1983) p. 146.
[86] W.A. 8 July 1921.
[87] Letter from Probation Officer, 7 March 1925. Colonial Secretary's Files No. 2294.
[88] K. Thompson, Exporting Entertainment (London: British Film Institute, 11985) p.55.
[89] D. Collins, p.32.
[90] Ibid. p.67.
[91] Ibid. p.114.
[92] Ibid, p.37.
[93] Ibid, p.116.
[94] For example, 27 May 1921. Colonial Secretary's Files No. 2294.
[95] Letter from Citizen's Vigilance Committee, 20 June 1917. Colonial Secretary's File No. 2294.
[96] Report of deputation from National Council of Women, 27 May 1921. Colonial Secretary's File No. 2294.
[97] Report from Customs and Excise Office, 27 March 1923. Colonial Secretary's File No. 739.
[98] Letter from Commonwealth Censor, 3 April 1923. Colonial Secretary's File No. 739.
[99] Report from the Advisory Committee of the Council of the League of Nations, April 1925. Colonial Secretary's File No. 2294.
[100] Letter from the exhibitors of W.A. 4 July 1921. Colonial Secretary's File No. 729.
[101] Letters from exhibitors, 4 July 1921. Colonial Secretary's File No. 739.
[102] Minutes from Conference, 18 August 1926. Colonial Secretary's Files No. 739.
[103] Letter from Prime Minister, 15 May 1918. Colonial Secretary's File No. 739.
[104] The Commonwealth of Australia Constitution Act 1900. Part V.
[105] Memo to Commissioner of Police 15 May 1918. Colonial Secretary's File No. 739.
[106] Letter from Colonial Secretary 27 May 1921. Colonial Secretary's File No. 739.
[107] Bertrand, p.58, and Collins, Hollywood Down Under, p.15.
[108] Report of the Royal Commission into the Moving Picture Industry in 1927-1928, Commonwealth Parliamentary Papers 1927/8 p. 1375.
[109] Western Australian Minutes of Evidence from the Royal Commission into the Moving Picture Industry. (Hereafter R.C.E.) Held in the Australian national Library, Canberra.
[110] Evidence from T. Anthoness, Kalgoorlie, 8 August 1927, R.C.E. p.464.
[111] Ibid.
[112] Evidence of Ruby Nelson, Kalgoorlie, 8 August 1927. R.C.E. p.469.
[113] Summary of views of all exhibitors from evidence. R.C.E. p.464-525.
[114] Evidence of W. Washington, Perth, 9 August 1927. R.C.E. p.470.
[115] Summary of material from R.C.E. p.464-525.
[116] Evidence from J. Earles, 11 August 1927. R.C.E. p.494-495.
[117] Ibid.
[118] Ibid.
[119] Evidence from T. Smith, 15 August 1927. R.C.E. p.505.
[120] Ibid.
[121] Evidence from Dr. Jull, 15 August 1927. R.C.E. p.512.
[122] Ibid.
[123] Evidence from G. Wardrop, 16 August 1927. R.C.E. p.523.
[124] Evidence from A. Bulley, 16 August 1927. R.C.E. p.516.
[125] Evidence from Rev. Bird, 16 August 1927. R.C.E. p.510.
[126] See R.C.E. pp.464-524.
[127] Evidence from E. Cowan, 11 August 1927. R.C.E. p.482.
[128] Ibid.
[129] Ibid.
[130] Bertrand, p.86.
[131] Evidence from Edith Cowan, 11 August 1927. R.C.E. p.482.
[132] Evidence from E. Rose, 16 August 1927. R.C.E. p.508.
[133] Ibid.
[134] Evidence from R. Pratt, 16 August 1927. R.C.E. p.510.
[135] Report of Royal Commission, pp. 1379-1405.
[136] Ibid. pp.4-8, 18-20.
[137] Tulloch, p.56.
[138]
Ibid. p.86.
[139] See Commonwealth Constitution s(xxvii).
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