Month: September 2016

Film Industry Development and Regulation Convergence

Countries, Institutions, Families and individuals, set core values as the cornerstone for their day to day operations. The values determine how we live and interact; service delivery, coexistence, culture and the general sphere of life. In this respect, film as a business carries and has the capacity to influence our values a great deal. It is with the given background that I wish to look at the film classification and rating systems as used universally. Film classification decisions in various countries, reflect and are based on certain norms, values, virtues and standards or levels of tolerance of each country. In Kenya, the constitution is supreme and provides clearly the set of values the citizens must uphold. Although counties may share many common cultural values, there are also values and virtues that are unique to a particular country. Therefore, classification decisions in any given country reflect the norms, values, virtues and standards set for the country within which a particular classification or rating authority operates.

Based on the set background, film regulating bodies strongly believes that the film classification systems and the voluntary rating procedures represent the best approach and structure in meeting the set of values in film products. There are usually 4 categories that have been accepted globally to secure freedom of expression, to respect human rights and to protect children from early exposure to potentially harmful film material and expressions. The categories include the following;-

G:        General viewing, suitable for all ages

PG 13: Parental guidance requested for young people less than 13 years

R 16+: Viewing for persons aged 16 and above only (No one under 15 admitted)

R 18+: Viewing for persons aged 18 and above only (No one under 18 admitted)

Films are classified according to the treatment and impact of the eight main classifiable elements of public concern, specifically theme, language, sex, nudity, violence & cruelty, horror & menace, drug use, and acts of criminal behavior. Film classification also depends on the context in which the film content is presented. It is illegal to show indecent images of minors under the age of 18, and to show a work that is obscene. Real explicit sex and detailed exposure of sexual organs are not allowed, nor is pornography. Not only is this a concern for regulatory bodies, but a concern for all caring citizens who desire a society grounded on core moral values.

Looking at the general principles informing both age-categories and guidelines are almost universally acceptable. The main principles include; and will sample just a few. The British Board of Film Classification (BBFC), for instance, operates on the principles that: (i) Adults should be free to choose what they see, providing that it remains within the law and is not potentially harmful to society (ii) works should be allowed to reach the widest audience that is appropriate for their theme and treatment (iii) the context in which something (like sex or violence) is presented is central to the question of its acceptability, and (iv) the Guidelines will be reviewed periodically in the light of changes in public taste, attitudes and concerns.

In  Australia, the regulator is required to ensure that its classification decisions give effect to the; principles that: (i) adults should be able to read, hear and see what they want (ii) minors should be protected from material likely to harm or disturb them (iii) everyone should be protected from exposure to unsolicited material that they find offensive, and (iv) the need to take account of community concerns about depictions that condone or incite violence, particularly sexual violence and the portrayal of persons in a demeaning manner

The Film and Publication Board (FPB)  of South Africa, operates and established the following principles in implementing the objectives of the Act: (i) while adults should enjoy freedom of choice, children must be protected from exposure to potentially disturbing and harmful materials (ii) the policy of imposing age-restrictions to protect children in the relevant age groups from premature exposure to adult experiences or materials which may be inappropriate in the context of South African society (iii) the need to alert members of the public, through consumer advice, to material which they may find offensive, both for themselves and for children in their care, and (iv) the requirement that guidelines be published annually and revised on the basis of public representations so that guidelines reflect, as far as possible, contemporary South African standards and values.

The significance of film classification systems

The Constitution guarantees everyone the right to freedom of expression, which includes freedom to receive and impart information or ideas and freedom of artistic creativity. The system of classification provided for in the Films and Stage plays Act allows for limitations but not absolute prohibitions on the right to freedom of expression. For example child pornography is a criminal offense and not classification. The Act provides a clear balance between the constitutional rights of adults to choose what content they want to watch, view and the duty to protect people, particularly children and women, from exposure to harm-resulting forms of violence, sexually explicit films.

The purpose and significance of classification is, therefore-

(i) by means of classification, to prohibit distribution and exhibition to children of films and publications with content intended only for adults, as well as to protect members of the public from unsolicited exposure to content which some may find offensive by means of the imposition of age-restrictions, to prohibit distribution and exhibition of films and publications with disturbing, harmful or age-inappropriate content to children in the age-group likely to be at risk of harm from such content, and (iii) by means of consumer information, to provide the public with such information as will enable them to make appropriate viewing and reading choices, both for themselves and for children in their care.

How do we balance film industry development and regulation

The development of the film industry is critical to the growth of our economy and thus requires nurturing. In retrospect, we must also recognise that just like any other business, we must go about the film business with clear lines of operation. That is; core values should drive our stories, encourage self-regulation through adherence to the classification code, ethics and overall respect to our constitution. With this, we will have an understanding as a people with more stories told, more jobs created, more revenue to government and an enlightened society.

The writer is a Chartered Marketer and Communications professional and can be reached at timothy.owase@live.com