Dennaton has responded to the Australian Classification Board’s decision to refuse classification to Hotline Miami 2, and even shared the opening scene the board has alluded to, but has also decided not to dispute the decision.
First off, Dennaton and publisher Devolver Digital shared this text response regarding the Australian classification board decision:
We are aware of the recent report published by the Australian Classification Board in regards to Hotline Miami 2 and have been in communication with them. As such, we and Dennaton Games would like to clarify a few thingsFirst, to clear up any possible misconceptions, the opening cinematic that was first shown in June of 2013 has not changed in any way. We also want to make clear that players are given an choice at the start of the game as to whether they wish to avoid content that alludes to sexual violence. The sequence in question is presented below in context, both after choosing the uncut version of the game and after choosing to avoid content that alludes to sexual violence.Second, in response to the report itself, we are concerned and disappointed that a board of professionals tasked with evaluating and judging games fairly and honestly would stretch the facts to such a degree and issue a report that describes specific thrusting actions that are not simply present in the sequence in question and incorrectly portrays what was presented to them for review.Though we have no plans to officially challenge the ruling, we stand by our developers, their creative vision for the storyline, its characters and the game and look forward to delivering Hotline Miami 2: Wrong Number to fans very soon.– Devolver Digital and Dennaton Games
They also shared a video of the scene in question, which you can see below. The clip makes it clear that the board’s description of the scene was somewhat misleading. While there is a scene of a woman being sexually assaulted, it turns out it’s not by the playable character, as it turns out to be part of a movie in the process of filming. There is also an option to watch the clip without the sexual content, although, of course, it remains heavily implicit.
TW: depictions of sexual violence
It should be noted here that Dennaton was also fully aware of the controversy the scene would generate, as they received feedback about it from the beta last 2013. At that time, they shared that they were reconsidering the scene at the time, and now we know where they stand. Lest we forget, the board has mentioned there are even more violent scenes in the game.
Dennaton and Devolver’s decision not to dispute with the board means the game is effectively banned in the country, but developer Cactus, aka Jonatan Söderström, has famously emailed a fan to pirate the game if he will not be able to buy it.
UPDATE: Australia's local Pirate Party has chimed in on the issue. Deputy President Simon Frew stated that
The Australian Classifications Board has a long history of banning films, video games and generally treating Australian adults as children.
Predictably, they also claim that the move will also compel consumers to pirate the game as their only recourse. You can read their full statement here.