Rating System Faces Challenges on Two Fronts

The film industry movie-rating system, which was severely criticized on Thursday in a 15-page opinion issued by the New York judge presiding over a ratings suit, faces two more challenges next week.

Miramax Films said on Friday that it will appeal the decision upholding the X rating given to “Tie Me Up! Tie Me Down!,” and a petition signed by such notable directors as Francis Coppola and Barry Levinson asking for changes in the system will be presented in a Tuesday press conference in front of the MPAA building in Sherman Oaks.

Jack Valenti, president of the Motion Picture Assn. of America, said on Friday that virtually everything in New York Supreme Court Judge Charles E. Ramos’ critique of the rating system “was wrong.” Valenti said the judge of the trial-level court does not understand the mission of the rating system and insisted that no change will be made in the system as long as there is no pressure from the parents for whom it was designed.

“The only people complaining about the system are a few distributors and a few critics,” Valenti said, adding that recent survey data shows that 74% of parents polled find the rating system useful in helping them guide their children’s moviegoing experience.

“The system is for parental responsibility,” Valenti said. “The judge completely overlooked that.”

Ramos, who said in his ruling that Miramax Films had not proven that the MPAA “capriciously” gave “Tie Me Up! Tie Me Down!” an X rating, called the rating system censorship and condemned it for being more lenient toward violence than sexual content. Ramos urged the MPAA to revise the rating system or quit using it. Ramos also said that by having lay persons decide on ratings with standards designed for the “average American parent,” the MPAA doesn’t take into account professional opinion of what is harmful to children.

“He wants us to put psychiatrists and psychologists on the board,” Valenti said. “We deliberately keep them off simply because . . . any kind of causal relationship between what children see in movies and what they do has not been established in any known study.”

Miramax executive vice president Russell Schwartz said that “all indications are that the company will pursue a legal appeal,” but said he must first talk with the film’s director Pedro Almodovar and attorneys next week.

The suit was brought against the MPAA in New York after the X rating given to “Tie Me Up! Tie Me Down!” was unsuccessfully appealed in April. In the suit, Miramax charged the MPAA with violating Article 78 of New York civil law which prohibits “capricious or arbitrary” standards from being applied by public or private organizations.

Ramos ruled that Miramax failed to prove that assertion and said it would be wrong to give “Tie Me Up!” the R rating Miramax wanted when even the filmmakers agreed it was aimed for adult audiences. But in his opinion, he agreed with critics who say the ratings create “clear and severe” economic impact on filmmakers.

Schwartz claimed there are several behind-the-scene efforts being launched in the film industry to initiate a change in the ratings system and said he has received a lot of support from other filmmakers.

“It’s gone way beyond just Miramax versus the MPAA,” he added.

A New York-based distributor of an X-rated film announced that it will hold a press conference Tuesday to present its petition asking the MPAA to institute an A rating for adult-themed films, in addition to the X, which has become associated with pornography.

The distributor, Silverlight Entertainment, is distributing Wayne Wang’s “Life is Cheap . . . but Toilet Paper is Expensive,” which was rated X earlier this month by the MPAA. Silverlight is appealing that rating through the MPAA.

Silverlight President Mark Lipsky said the petition has been signed so far by Francis Coppola, Jonathan Demme, Jim Jarmusch, Ron Howard, Spike Lee, Barry Levinson, Penny Marshall, Paul Mazursky, Carl Reiner, Rob Reiner, John Sayles and John Schlesinger, among others.

Pacific Theaters’ vice president of advertising and public relations Milton Moritz, said his company “really has not had too much feedback from the public against the system.”

Studio executives and other theater chains did not respond to requests for comment.