The More Things Change...

The French writer Jean-Baptiste Alphonse Karr wrote in 1849, "the more things change, the more they stay the same." Writing about the social changes occurring in France at the time, his point was that nothing changes without a fundamental shift in knowledge and thinking.

Here at Spherex, we closely monitor changes in new legislation, policies, or public sentiment in countries worldwide because it directly impacts a title's age rating, the potential for censorship or unfavorable press, and revenue opportunities. Awareness is the first step in avoiding legal or brand exposure. Since we last wrote on this subject six months ago, some changes have occurred, but much remains the same. Here are recent examples of what we mean.

The More Things Change – Malaysia

Malaysia's Film Censorship Board (LPF) announced new film and online content ratings in January 2023 that took effect on 1 February 2023. The ratings established five classifications, an addition of two from the previous three:

1.     "U" for viewers of all ages

2.     "P12" for viewers under 12 years old that required parental guidance (new)

3.     "13" for audiences 13 years and older

4.     "16" for viewers 16 years and older (new)

5.     "18" for viewers 18 and above

The changes were a response to content creators expressing that the previous classification system made it impossible to include some scenes without compromising the story. Time will tell how the new system will affect the LPF's view of titles similar to those previously banned, e.g., "Thor: Love and Thunder" and "Lightyear." The first test may be the upcoming Malaysian film "Pulau," which critics say contains many indecent scenes unsuitable for public viewing. The objectionable scenes include "sexualized kissing" and women wearing bikinis. Some Malaysian officials have already called for it to be banned. The film is scheduled for release next month.

The More They Stay the Same – Jordan

Netflix, which continues to invest in international content creation, must find a way for local stories to gain global appeal. The company's most-watched title for the past month in Jordan is "Al Hara (The Alleys)." As a locally produced title, the film, while popular with audiences, has been subjected to condemnation by members of the Jordanian Parliament for the inclusion of offensive words and profanity, despite having been approved by Jordan's Royal Film Commission (RFC). The Jordanian Media Authority removed all profanity and scenes that deviated from the values of Jordanian society from the movie before its theatrical release. Netflix’s version restored those scenes, which is the source of controversy.

Things Really Don't Change at All – United States

From religious beliefs to local traditions to family values to moral standards, ensuring content respects societal norms is a boundary local regulators or censors are keen to safeguard. Sometimes, countries choose to protect these boundaries through legislation when they perceive censorship is being used to compromise the country’s standing in the world or influence their film industry.

Last December, the U.S. Congress passed, and the President signed, the "National Defense Authorization Act for Fiscal Year 2023." The act prohibits any U.S. federal agency from knowingly supporting the production of any film, television, or other entertainment project explicitly edited to appease Chinese governmental censors. Specifically, Section 1257 of the law states:

"None of the funds authorized to be appropriated by this Act may be used to knowingly provide active and direct support to any film, television, or other entertainment project if the Secretary of Defense has demonstrable evidence that the project has complied or is likely to comply with a demand from the Government of the People's Republic of China or the Chinese Communist Party, or an entity under the direction of the People's Republic of China or the Chinese Communist Party, to censor the content of the project in a material manner to advance the national interest of the People's Republic of China."

This language was inserted into the law because some members of Congress wanted to codify their displeasure with China's practice of demanding edits of scenes it felt were critical of the country, such as its censorship of the film, "Top Gun: Maverick," among others. The Media & Entertainment (M&E) industry attempted to remove the language from the bill because it included increased government editorial control over the script. The concern among studios is that this provision will make it more challenging to export titles, thus reducing revenue opportunities for US-produced films. 

Censorship is happening around the globe, and the extent of its effect can vary widely. It can directly impact how, where, and when stories are told. For those unwilling or unable to make changes, failing to comply with requested or required edits, cuts, bleeps, or blurs will negatively impact the title’s bottom line, regardless of the method or platform. While no one likes changing their story to appease public or political concerns, knowing the issues and possible remedies is the best way to deal with them. Regardless of a title's production stage, Spherex has the cultural and regulatory expertise to assist content creators in navigating this ever-evolving landscape.

Contact us today to learn more.