Mar 302008
 
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Am I the only person who believes there is a fundamental flaw in the movie/TV/music/game rating systems ? I don’t mean there is a problem with how they work – I mean that the very existence of these systems are a flaw. In fact, this censorship against the youth is one of the most discriminatory and outright unconstitutional set of laws in our society today. No less so in America than here as I can gather.

So why do I say this ? Well firstly, I believe that the burden of proof isn’t on me. It’s not up to the individual to proof that I what she wants to do is harmless, it’s up to the government to prove that it is harmful before they are allowed to restrict the activity. This has, as far as I can tell, never been done at all. The ‘harm’ of sexually explicit and or violent media is completely unproven and taken at face value. I am instinctively more wary of violent than sexual material around children but I fundamentally reject the notion of censoring either.

So that is my first point: there is absolutely no proof that it is harmfull. Moreover there never can be. We are talking here about the impact of media on individual psychological makeups. Which makes it dependent on not just the specific media but each individual’s personality and prior experiences, so contextual that there can hardly even be a trend. The effect of sexual imagery on a young victim of sexual abuse for example is likely to be very different from the impact of the same imagery on a child with a happy family (they are still the majority after all).

So we’re restricting the activities of people based on little or no evidence whatsoever. Isn’t that by itself opposed to the very idea of a free society ?

In fact, the film and publications board in South Africa is so aware of how fundamentally unproven their premise is that they never even state it. In one propaganda leaflet they handed out at cinema’s a while back they say: “Depictions of sexual interaction in the media is generally very unrealistic”. It is never stated that viewing depictions of human sexual interaction is harmful in any way. The implication is given though that the unrealistic nature of the depiction is harmful, and it’s later implied that ‘false expectations of the opposite sex’ would be the major harm.
Now false expectations of the opposite sex seems to me to sum about 95% of anybody’s non-professional interaction with said opposite sex anyway so this can hardly get worse. But the claim they make is at odds their actions anyway.
If it’s the unrealistic depiction of sex and sexual relationships that cause harm… why is it then that the more realistically we depict sex the higher the age restrictions become ? Softcore porn is usually given an 18 rating here, hardcore an R18 (meaning you cannot show it on TV and it can only be sold in sex shops).
Sure a claim can be made that the actual interaction prior to the sex is very unrealistic in porn movies, but in my opinion it is no worse than most popular romantic comedies (which are generally rated all ages).
Even then it holds no water, imagine a voyeuristic recording of a married couple having sex, made without their knowledge. Now stop imagining it and concentrate please, can you think of a more realistic depiction of both the sex and the relationship ? Do you think for one second the film and publications board would rate it all ages ?

So we’ve basically blown apart the premise of it being harmful, try selling that one to the religious right though (odd how they tend to be a lot more lax about violence though isn’t it ) ?
For the sake of argument however, let’s assume that exposure to certain media can be harmful under certain conditions for minors.

In that case we must find the best way to handle the situation. A UK parliament report recently had a very good analogy. We can compare movies with sex in it to a public swimming pool. Swimming pools are potentially harmful (of course, the analogy’s flawed in that this is actually proven). Children have drowned in swimming pools. So we put up signs around swimming pools to warn about safe and unsafe behavior while swimming. We may post lifeguards. What we don’t do is to refuse anybody under the age of 16 or 18 access to the pool. Quite the contrary because we’ve long since learned that by far the best way to reduce the risk of drowning is to teach children to swim. Prepared knowledge is a far better preventative than restrictions could ever be.
The same logic goes for media and art. We should not withhold this media from children, but we should be there with them when they first encounter it – to teach them how to appreciate it safely and correctly. After all imitating what is seen in the media is often dangerous – any afternoon educational chemistry program will have some ‘don’t try this at home’ warnings. Surely the only real risk with any media is if it’s imitated too much – and that can best be prevented with education. All media can teach us something, but that something isn’t always what to do (in fact, I would venture that this is hardly ever the lesson).
Teaching children this basic principle is fundamentally the task of parents, not the government and currently the law, if anything, makes their job harder. We can’t teach our children to swim since the government won’t let us take them to the pool.

This should mean that, at the very least, anybody ought to be able to enter any film theater in the presence of a parent, odd that isn’t the case. If the purpose here was truly protection, rather than moralism and abuse of power (think of the children is usually just an excuse for censorship – and the slippery slope may be a falacy in philosophy but it’s an observable fact in politics).

Finally, there is the simple reality that these anti-child censorship laws are not even in line with our actual laws about sex !
According to South African law the age of consent is 16. It used to be 16 for girls and 18 for boys but because this was decried as being discriminatory it was set at 16 for both. Now it isn’t actually important to us whether this age is a good age for sexual consent, it merely matters that this is the age according to the law at this time.

So what does this mean ? It means that the law believes a 16 year old to be quite mature enough to make decisions about her own sexual activity, and yet believes her entirely unable to make her own decisions about watching sexual material, even entirely fictional. She can legally have sex, but she cannot watch it on television ? To the full extent: she can record herself masturbating or engaging in sexual activity with a partner, and not legally watch the recording she just made when she’s finished.

In short, the law makes no sense.

It’s worse than censorship, it’s censorship that discriminates by age, it’s censorship that does not prevent harm – but could well be preventing adequate measure to control risk, and it’s censorship that is completely in contrast with other laws causing a discrepancy that borders on the comically ridiculous.

  • Lisa

    A flaw with your swimming pool analogy. we do refuse those under a certain age limit unless they have an adult with them. Life guards are NOT baby sitters. I have no problem with ratings as they let you know what’s in the film (not every parent is comfortable with their kid seeing sex, porn or violence). I have no problem with this. What I do have a problem is when parents prevent other adults from viewing.
    Want a Vchip in your tv because you can’t be bothered to monitor what your crotch spawn watch, that’s fine but don’t whine about the content available to others.

    I don’t know about where you live but I have seen children with parents in films rated R and wished they hadn’t because 1/2 way through the movie the child gets upset about some of the graphical content and starts a disturbance. Everyone else has rights too.

  • http://silentcoder.co.za silentcoder

    >flaw with your swimming pool analogy. we do refuse those >under a certain age limit unless they have an adult with them

    What age ? 3 ? Maybe as high as 10 ? certainly not 14, 16 and 18 year olds !
    I can understand restrictions on some content, some of the time. I would even support an ADVISORY rating system. One that merely informs you that the movie contains content of a certain type (of any type any particular person may find offensive) and then allows people to make their own decisions.

    I am opposed to restricting people from making their own decisions when no others are harmed. Whether the person is 14 or 24 is irrelevant to me.

    An information rating system could be considered a public service. A legally enforced rating system is nothing short of censorship.
    My major concern is the idea that somebody over the age of consent can’t legally watch porn – which just stupid.
    Whether you agree with porn or teenage sex is not even important here – the point is that the law is supposed to be consistent.

    As for young kids in a theater, well that’s a very different problem (here it would just not be allowed) and should be addressed with a system society already has known as manners and discussion. You don’t fix minor annoyances with the law.

    As for everyone else having rights: indeed, that’s why society has evolved a tool for determining how laws should be structured around rights. In free societies the rule of thumb is: if it harms none, it should be a right.

    Ultimately the defining attribute a free society is that it values the rights an individual member of that society over the rights of the society as a whole.
    There is much to be said, and I have said it, for selflessness and less greed in the world – but the law cannot make people good people, and sacrificing the rights of the individual won’t do it either.
    You have a right to watch your movie, so does everybody else. Making a noise during it could be considered impolite but it can surely never be called illegal. This is not somebody who shouted ‘fire’, it’s just a kid who got upset. No harm was done – just self-expression without a very great amount of meaning (nobody ever said self expression was supposed to benefit the REST of society directly).