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1. Actual hangings or electrocutions as legal punishments for crime.
SPECIAL REGULATIONS ON CRIME IN MOTION PICTURES
Resolred (December 20, 1938), That the board of directors of the Motion Picture Association of America, Inc., hereby ratifies, approves, and confirms the interpretations of the production code, the practices thereunder, and the resolutions indicating and confirming such interpretations heretofore adopted by the Association of Motion Picture Producers, Inc., all effectuating regulations relative to the treatment of crime in motion pictures, as follows:
1. Details of crime must never be shown and care should be exercised at all times in discussing such details.
2. Action suggestive of wholesale slaughter of human beings, either by criminals in conflict with police, or as between warring factions of criminals, or in public disorder of any kind, will not be allowed.
3. There must be no suggestion, at any time, of excessive brutality.
4. Because of the increase in the number of films in which murder is frequently committed, action showing the taking of human life, even in the mystery stories, is to be cut to the minimum. These frequent presentations of murder tend to lessen regard for the sacredness of life.
5. Suicide, as a solution of problems occurring in the development of screen drama, is to be discouraged as morally questionable and as bad theater-unless absolutely necessary for the development of the plot. It should never be justified or glorified, or used to defeat the due processes of law.
6. There must be no display, at any time, of machineguns, submachineguns, or other weapons generally classified as illegal weapons in the hands of gangsters, or other criminals, and there are to be no off-stage sounds of the repercussions of these guns.
7. There must be no new, unique, or trick methods shown for concealing guns.
8. The flaunting of weapons by gangsters, or other criminals, will not be allowed.
9. All discussions and dialogue on the part of gangsters regarding guns should be cut to the minimum.
10. There must be no scenes, at any time, showing law-enforcing officers dying at the hands of criminals, unless such scenes are absolutely necessary to the development of the plot. This includes private detectives and guards for banks, motortrucks, etc.
11. With special reference to the crime of kidnaping—or illegal abductionsuch stories are acceptable under the code only when (a) the kidnaping or abduction is not the main theme of the story; (b) the person kidnaped is not a child; (c) there are no details of the crime of kidnaping ; (d) no profit accrues to the abductors or kidnapers; and (e) where the kidnapers are punished.
It is understood, and agreed, that the word "kidnaping,” as used in paragraph 11 of these regulations, is intended to mean abduction, or illegal detention, in modern times, by criminals for ransom.
12. Pictures dealing with criminal activities, in which minors participate, or to which minors are related, shall not be approved if they incite demoralizing imitation on the part of youth.
13. No picture shall be approved dealing with the life of a notorious criminal of current or recent times which uses the name, nickname, or alias of such notorious criminal in the film, nor shall a picture be approved if based upon the life of such a notorious criminal unless the character shown in the film be punished for crimes shown in the film as committed by him.
SPECIAL RESOLUTION ON COSTUMES
On October 25, 1939, .the board of directors of the Motion Picture Association of America, Inc., adopted the following resolution:
“Resolved, that the provisions of paragraphs 1, 3, and 4 of subdivision VI of the production code, in their application to costumes, nudity, indecent, or undue
exposure and dancing costumes, shall not be intepreted to exclude authentically photographed scenes photographed in a foreign land, of natives of such foreign land, showing native life, if such scenes are a necessary integral part of a motion picture depicting exclusively such land and native life, provided that no such scenes shall be intrinsically objectionable nor made a part of any motion picture produced in any studio; and provided further that no emphasis shall be made in any scenes of the customs or garb of such natives or in the exploitation thereof."
SPECIAL REGULATIONS ON CRUELTY TO ANIMALS On December 27, 1940, the board of directors of the Motion Picture Association of America, Inc., approved a resolution adopted by the Association of Motion Picture Producers, Inc., reaffirming previous resolutions of the California association concerning brutality and possible gruesomeness, and apparent cruelty to animals :
"Resolved, by the board of directors of the Association of Motion Picture Producers, Inc., That
"1. Hereafter, in the production of motion pictures there shall be no use by the members of the association of the contrivance or apparatus in connection with animals which is known as the running w, nor shall any picture submitted to the production code administration be approved if reasonable grounds exist for believing that use of any similar device by the producer of such picture resulted in apparent cruelty to animals; and
“2. Hereafter, in the production of motion pictures by the members of the association, such members shall, as to any picture involving the use of animals, invite on the lot during such shooting and consult with the authorized representative of the American Humane Association; and
"3. Steps shall be taken immediately by the members of the association and by the production code administration to require compliance with these resolutions, which shall bear the same relationship to the sections of the Production Code quoted herein as the association's special regulations re crime in motion pictures bear to the sections of the production code dealing therewith; and it is further
"Resolved, that the resolutions of February 19, 1925, and all other resolutions of this board establishing its policy to prevent all cruelty to animals in the production of motion pictures and reflecting its determination to prevent any such cruelty, be and the same hereby are in all respect reaffirmed."
REASONS SUPPORTING PREAMBLE OF CODE
I. Theatrical motion pictures, that is, pictures intended for the theater as distinct from pictures intended for churches, schools, lecture halls, educational movements, social reform movements, etc., are primarily to be regarded as entertainment.
Mankind has always recognized the importance of entertainment and its value in rebuilding the bodies and souls of human beings.
But it has always recognized that entertainment can be of a character either helpful or barmful to the human race, and in consequence has clearly distinguished between :
(a) Entertainment which tends to improve the race, or at least to re-create and rebuild human beings exhausted with the realities of life; and
(6) Entertainment which tends to degrade human beings, or to lower their standards of life and living.
Hence the moral importance of entertainment is something which has been universally recognized. It enters intimately into the lives of men and women and affects them closely; it occupies their minds and affections during leisure hours; and ultimately touches the whole of their lives. A man may be judged by his standard of entertainment as easily as by the standard of his work.
So correct entertainment raises the whole standard of a nation.
Wrong entertainment lowers the whole living conditions and moral ideals of a race.
Note, for example, the healthy reactions to healthful sports, like baseball, golf; the unhealthy reactions to sports like cockfighting, bullfighting, bearbaiting, etc.
Note, too, the effect on ancient nations of gladiatorial combats, the obscene plays of Roman times, etc.
II. Motion pictures are very important as art.
Though a new art, possibly a combination art, it has the same object as the other arts, the presentation of human thought, emotion and experience, in terms of an appeal to the soul through the senses.
Here, as in entertainment-
Art can be morally good, lifting men to higher levels. This has been done through good music, great painting, authentic fiction, poetry, drama. Art can be morally evil in its effects. This is the case clearly enough with unclean art, indecent books, suggestive drama. The effect on the lives of men and women is obvious,
Note: It has often been argued that art in itself is unmoral, neither good nor bad. This is perhaps true of the thing which is music, painting, poetry, etc. But the thing is the product of some person's mind, and the intention of that mind was either good or bad morally when it produced the thing. Besides, the thing has its effect upon those who come into contact with it. In both these ways—that is, as a product of a mind and as the cause of definite effects—it has a deep moral significance and an unmistakable moral quality.
Hence: The motion pictures, which are the most popular of modern arts for the masses, have their moral quality from the intention of the minds which produce them and from their effects on the moral lives and reactions of their audiences. This gives them a most important morality.
1. They reproduce the morality of the men who use the pictures as a medium for the expression of their ideas and ideals.
2. They affect the moral standards of those who, through the screen, take in these ideas and ideals.
In the case of the motion pictures, this effect may be particularly emphasized because no art has so quick and so widespread an appeal to the masses. It has become in an incredibly short period the art of the multitudes.
III. The motion picture, because of its importance as entertainment and because of the trust placed in it by the peoples of the world, has special moral obligations.
A. Most arts appeal to the mature. This art appeals at once to every class, mature, immature, developed, undeveloped, law abiding, criminal. Music has its grades for different classes ; so have literature and drama. This art of the motion picture, combining as it does the two fundamental appeals of looking at a picture and listening to a story, at once reaches every class of society.
B. By reason of the mobility of a film and the ease of picture distribution, and because of the possibility of duplicating positives in large quantities, this art reaches places unpenetrated by other forms of art.
C. Because of these two facts, it is difficult to produce films intended for only certain classes of people. The exhibitors' theaters are built for the masses, for the cultivated and the rude, the mature and the immature, the self-respecting and the criminal. Films, unlike books and music, can with difficulty be confined to certain selected groups.
D. The latitude given to film material cannot, in consequence, be as wide as the latitude given to book material. In addition :
(a) A book describes; a film vividly presents. One presents on a cold page; the other by apparently living people.
(b) A book reaches the mind through words merely; a film reaches the eyes and ears through the reproduction of actual events.
(c) The reaction of a reader to a book depends largely on the keenness of the reader's imagination; the reaction to a film depends on the vividness of presentation.
Hence many things which might be described or suggested in a book could not possibly be presented in a film.
E. This is also true when comparing the film with the newspaper.
(0) Newspapers are after the fact and present things as having taken place; the film gives the events in the process of enactment and with the apparent reality of life.
F. Everything possible in a play is not possible in a film:
(a) Because of the larger audience of the film, and its consequential mixed character. Psychologically, the larger the audience the lower the moral mass resistance to suggestion.
(b) Because through light, enlargement of character, presentation, scenic emphasis, etc., the screen story is brought closer to the audience than the play. (c) The enthusiasm for and interest in the film actors and actresses, developed beyond anything of the sort in history, makes the audience largely sympathetic toward the characters they portray and the stories in which they figure. Hence the audience is more ready to confuse actor and actress and the characters they portray, and it is most receptive of the emotions and ideals presented by their favorite stars.
G. Small communities, remote from sophistication and from the hardening process which often takes place in the ethical and moral standards of groups in larger cities, are easily and readily reached by any sort of film.
H. The grandeur of mass settings, large action, spectacular features, etc., affects and arouses more intensely the emotional side of the audience.
In general, the mobility, popularity, accessibility, emotional appeal, vividness, straightforward presentation of facts in the film make for more intimate contact with a larger audience and for greater emotional appeal.
Hence the larger moral responsibilities of the motion pictures.
REASONS UNDERLYING THE GENERAL PRINCIPLES
I. No picture shall be produced which will lower the moral standards of those who see it. Hence the sympathy of the audience should never be thrown to the side of crime, wrongdoing, evil, or sin.
This is done
1. When evil is made to appear attractive or alluring, and good is made to appear unattractive.
2. When the sympathy of the audience is thrown on the side of crime, wrongdoing, evil, sin. The same thing is true of a film that would throw sympathy against goodness, honor, innocence, purity, or honesty.
Note: Sympathy with a person who sins is not the same as sympathy with the sin or crime of which he is guilty. We may feel sorry for the plight of the murderer or even understand the circumstances which led him to his crime. We may not feel sympathy with the wrong which he has done.
The presentation of evil is often essential for art or fiction or drama.
(a) That evil is not presented alluringly. Even if later in the film the evil is condemned or punished, it must not be allowed to appear so attractive that the audience's emotions are drawn to desire or approve so strongly that later the condemnation is forgotten and only the apparent joy of the sin remembered.
(6) That, throughout, the audience feels sure that evil is wrong and good is right. II. Correct standards of life shall, as far as possible, be presented.
A wide knowledge of life and of living is made possible through the film. When right standards are consistently presented, the motion picture exercises the most powerful influences. It builds character, develops right ideals, inculcates correct principles, and all this in attractive story form. If motion pictures consistently hold up for admiration high types of characters and present stories that will affect lives for the better, they can become the most powerful natural force for the improvement of mankind.
III. Law, natural or human, shall not be ridiculed, nor shall sympathy be created for its violation.
By natural law is understood the law which is written in the hearts of all mankind, the great underlying principles of right and justice dictated by conscience.
By human law is understood the law written by civilized nations.
1. The presentation of crimes against the law is often necessary for the carry. ing out of the plot. But the presentation must not throw sympathy with the crime as against the law nor with the criminal as against those who punish him.
2. The courts of the land should not be presented as unjust. This does not mean that a single court may not be represented as unjust, much less that a single court official must not be presented this way. But the court system of the country must not suffer as a result of this presentation.
REASONS UNDERLYING PARTICULAR APPLICATIONS
I. Sin and evil enter into the story of human beings and hence in themselves are valid dramatic material.
II. In the use of this material, it must be distinguished between sins which repel by their very nature, and sins which often attract.
(a) In the first class come murder, most theft, many legal crimes, lying, hypocrisy, cruelty, etc.
(b) In the second class come sex sins, sins and crimes of apparent heroism, such as banditry, daring thefts, leadership in evil, organized crime, revenge, etc.
The first class needs less care in treatment, as sins and crimes of this class are naturally unattractive. The audience instinctively condemns all such and is repelled.
Hence the important objective must be to avoid the hardening of the audience, especially of those who are young and impressionable, to the thought and fact of crime. People can become accustomed even to murder, cruelty, brutality, and repellent crimes, if these are too frequently repeated.
The second class needs great care in handling, as the response of human nature to their appeal is obvious. This is treated more fully below.
III. A careful distinction can be made between films intended for general distribution and films intended for use in theaters restricted to a limited audience. Themes and plots quite appropriate for the latter would be altogether out of place and dangerous to the former.
Note: The practice of using a general theater and limiting its patronage during the showing of a certain film to “Adults Only” is not completely satisfactory and is only partially effective.
However, maturer minds may easily understand and accept without harm subject matter in plots which do younger people positive harm.
Hence: If there should be created a special type of theater, catering exclusively to an adult audience, for plays of this character (plays with problem themes, difficult discussions and maturer treatment) it would seem to afford an outlet, which does not now exist, for pictures unsuitable for general distribution but permissible for exhibitions to a restricted audience. I Crimes against the law The treatment of crimes against the law must not1. Teach methods of crime. 2. Inspire potential criminals with a desire for imitation. 3. Make criminals seem heroic and justified.
Rerenge in modern times shall not be justified. In lands and ages of less developed civilization and moral principles, revenge may sometimes be presented. This would be the case especially in places where no law exists to cover the crime because of which revenge is committed.
Because of its evil consequence, the drug traffic should not be presented in any form. The existence of the trade should not be brought to the attention of audiences. II. Ser
Out of regard for the sanctity of marriage and the home, the triangle, that is, the love of a third party for one already married, needs careful handling. The treatment should not throw sympathy against marriage as an institution.
Scenes of passion must be treated with an honest acknowledgment of human nature and its normal reactions. Many scenes cannot be presented without arousing dangerous emotions on the part of the immature, the young, or the criininal classes.
Even within the limits of pure love, certain facts have been universally regarded by lawmakers as outside the limits of safe presentation,
In the case of impure love, the love which society has always regarded as wrong and which has been banned by divine law, the following are important:
1. Impure love must not be presented as attractive and beautiful.
2. It must not be the subject of comedy or farce, or treated as material for laughter.
3. It must not be presented in such a way as to arouse passion or morbid curiosity on the part of the audience.
4. It must not be made to seem right and permissible.
5. In general, it must not be detailed in method and manner. III. Vulgarity; IV. Obscenity; V. Profanity
Hardly need further explanation than is contained in the code. VI. Costumes
General principles.--1. The effect of nudity or seminudity upon the normal man or woman, and much more upon the young and upon immature persons, has been honestly recognized by all lawmakers and moralists.