December 2002
EIDOS in the firing line over Sikh-slaying computer game
Computer games giants EIDOS have found themselves in hot water following the release of their game "Hitman 2; Silent Assassin". Part of the game shows a scene which allegedly imitates the 1984 Amritsar Golden Temple massacre where thousands of Sikhs were killed in an attack by Indian troops. The Sikh Coallition have complained claiming that the game depicts members of their religion as being members of an evil cult.
Following negotiation EIDOS have decided that all relevant content will be removed form the game's website and that future editions of the game including that for the forthcoming Nintendo Game Cube will have offending graphics edited out wherever possible.
BRIFFA Comment:
It is important to remember that all sorts of statutory law applies to work that you are producing in addition to the usual intellectual property law that we mainly advise on. In this case EIDOS should have considered how they might be violating laws on incitement to cause racial hatred.
The Public Order Act 1986 describes racial hatred as being "hatred against a group of persons in Great Britain defined by reference to colour, race, nationality - including citizenship - or ethnic or national origins". This would therefore incorporate singling out one religion, in this case sikhism.
In order for an actual offence to be committed the publisher must either intend racial hatred or racial hatred must have occurred due to the publishers actions, whether or not he intended them. Therefore in this case there is no criminal liability however anyone producing material for viewing by the general public must be aware of possible liability. Please contact Briffa should you have any concerns over how this may apply to you.