When your editor went to see the R-rated South Park: Bigger, Longer and Uncut,
kids demonstrated the central theme of the film by buying tickets for Tarzan and
then going to see SP.
Things are about to change. Four states have considered
legislation making it a crime to allow anyone under the age of 17 into such films without
a parent or adult guardian into an R-rated film. Arkansas defeated a measure to
criminalize the movie ratings system for this year, at least. Same goes for Utah.
Legislation is still pending in Massachusetts. In March 20, the Virginia legislature
passed a measure making it a Class 1 misdemeanor for a person or theater to sell a ticket
for certain movies to kids under 17. The final version of the law doesn't talk about
R-rated movies, but rather movies "harmful" to juveniles, an extremely difficult
legal standard to meet.
Nevertheless, this is a troubling trend to both exhibitors and
producers. John Fithian, President of the National Association of Theater Owners, says
that exhibitors have lost millions of dollars in revenues with the latest Hollywood
freeze-out. "I think it's serious when you have four different state legislatures
saying, 'We're going to take your voluntary ratings system and attach criminal
penalties,"Fithian told Daily Variety. "The
issue hasn't gone away, it's just shifted from the feds to the states."
Legally,
there is no official sanction against theaters allowing kids into R-rated movies without
an adult present. Added to this, a recent Federal Trade Commission report criticized the
MPAA and NATO for doing an end-run around the ratings system, which they jointly
administer.
Meanwhile, Senator Joseph Lieberman has continued his campaign against marketing
violence to children by introducing The Media Marketing Accountability Act in the U.S.
Senate. The purpose of the bill is to stop entertainment companies from deceptively
marketing adult-rated products to children, and thus help parents better protect their
kids from potentially harmful materials. Since the FTC's lawyers have concluded that the
Commission's authority does not extend to this specific deceptive practice, the new bill
is designed to fill that gap in the law. If the law passes, the FTC will be empowered to
issue cease-and-desist order to violators or fine them up to $11,000 per day for each
violation.
Jack Valenti, President of the MPAA, said that if it passes, he'll urge studios
to drop the durable, three-decades-old voluntary ratings system that he helped craft. The
bill defiles the Constitution, an irate Valenti told reporters. "It penalizes people
who participate and gives full immunity to any producer and distributor who puts out films
without a rating. I would recommend to my companies that they cannot risk prosecution.
They cannot live under the shadow of this bill."
It seems unlikely that Valenti has
anything to fear from a Republican Congress, although there is a strong sense of states'
rights. But it puts additional pressure on the movie industry to try and regulate itself
without abrogating the rights of free speech.