Disc Specs
- Region:
1 - Released:
Out now - Country:
United States of America - Running Time:
98 minutes - Screen Format:
1.78:1 Non-Anamorphic NTSC - Discs / Sides / Layers:
1 / 1 / Dual - Soundtracks:
English DD 2.0 stereo - Subtitles:
None - Special Features:
- Trailer
- Audio commentary
- Q&A with director Kirby Dick at 2006 SXSW Film Festival
- Deleted scenes (5) - Distributor:
Genius Products
This Film is Not Yet Rated
14-02-2007 00:00 | 5492 views | Michael Mackenzie | Show Backlinks
The Film

I once had a long and heated argument on a forum with a poster who vehemently claimed that censorship did not exist in the USA in any form. Case in point, according to him, was the Motion Picture Association of America, the organisation which views and assigns ratings to virtually every film released theatrically in the country. This system, I was told, is completely voluntary and, because no-one was forced to use it, its decisions could not be considered a form of censorship. Such an outlook has always struck me as incredibly naive. In a sense, he was absolutely right: filmmakers in America do have the option of bypassing the MPAA entirely and releasing their film without a rating, something that filmmakers in the UK can only dream about. On the other hand, though, the image of the censor as a government official holding a pair of scissors and slicing a reel of film to ribbons is a hopelessly oversimplified one, and one that fails to take into account the fact that censorship can assume many forms, not least self-censorship (or, at least, censorship as a decision made by a studio) and the notion of an entire industry colluding to maintain a specific status quo.
This Film is Not Yet Rated is filmmaker Kirby Dick's response to what he sees as an unfair and hopelessly out of touch organisation. Following a rudimentary introduction to the MPAA's roots as the successor to the notoriously prohibitive Hays Office Production Code, and a brief run-down of the content you can expect to "get away with" at each of the board's five ratings (G, PG, PG-13, R an NC-17), he stages a multi-pronged attack on the organisation, interviewing directors, producers and actors whose work has run afoul of the board, while at the same time hiring a team of private investigators to dig up as much dirt on the organisation as possiblem. In brief, Dick's argument can essentially be broken down to three specific points:

1. The MPAA's decisions are arbitrary and lack accountability
2. The MPAA is biased, against independent filmmakers, women and homosexuals
3. The MPAA is too soft on violence and too tough on sex
This is a very specific type of documentary, one which seeks to convey a single viewpoint, with the outcome of the investigation determined before the director has even picked up his camera. In a sense, it's preaching to the choir: there's never even the remotest possibility that Dick will emerge from the experience having decided that the MPAA isn't so bad after all. What is commendable, however, is the lengths he goes to in order to unveil the inner workings of this notoriously secretive organisation, bringing the clandestine process out into the open and exposing it for the sham it is. Watching side by side comparisons of obviously similar gay and straight sex scenes, the former rated NC-17 and the latter rated R, is all very entertaining and conveys its point clearly and succinctly, but it's nothing a reasonably observant filmgoer couldn't have worked out for him/herself. Far more revealing are Dick's own attempts to get this documentary rated by the board (predictably enough, it is awarded an NC-17), and the brick wall he finds himself up against when he first tries to get more information on what he would need to cut in order to get an R, and later when he faces the appeals panel.

Equally engaging, but somewhat more morally suspect, are the various excursions with a team of private investigators hired by Dick to put names and faces to the anonymous MPAA raters. These range from waiting outside the MPAA headquarters and tailing various employees to restaurants to film them and listen to their conversations, to rooting through their garbage in the dead of night to obtain secret documents pertaining to ratings decisions. There's a definite thrill to it, and the chief investigator, Becky Altringer, is a charismatic and amusing woman, but there's something rather invasive about the whole affair. Does knowing the names of the raters and what they look like really add anything to the proceedings? Yes, it's outrageous that we know nothing whatsoever about who is making the decisions, beyond the fact that they are parents (as lesbian director Jamie Babbit so succinctly puts it, "I'm a parent, but do you honestly think there's anyone like me on the board? I doubt it!"), but I'm not convinced that the eventual collage of candid camera snapshots with the names of the subjects attached puts us in a more informed position.
If this film manages to convey anything, it's a sense of sheer frustration and helplessness, a gradual realisation that the whole system stinks, but that everyone is too apathetic, or actually benefiting from the status quo, to do anything about it. South Park co-creator Matt Stone accurately observes that continual surveys which show that parents think the MPAA is a good thing are fundamentally flawed: most people (especially parents) like to know what they (and their children) are going to see, so having the MPAA probably is better than having nothing. The problem, therefore, is that there is no alternative at the present time in the US, and the entire movie industry is so cosily tucked into bed with the MPAA that nothing is likely to ever change the situation short of the complete collapse of Hollywood. Even if every single independent studio in the country decided to boycott the ratings board en masse, the effect would be close to imperceptible, given that 95% of the industry is controlled by the same six conglomerates. It's quite ingenious, really. By maintaining the illusion of a choice, the MPAA are able to deny their role as state censors, while at the same time working hard with the industry to ensure that, essentially, you either use their system or you're screwed.

Indeed, this sense of complacency does, at times, extend to the attitude of the film itself. While Dick and co spend a great deal of time criticising the MPAA, they never once provide even the vaguest suggestion for what an alternative solution might comprise (one interviewee, attorney Martin Garbus, suggests that government censorship would be preferable, because at least then every decision would have to be approved by Congress, but there's a degree of facetiousness to his claim). The documentary also takes certain things for granted, including the notion of the "soft" PG-13 and R ratings (which allow children of all ages to be admitted, provided they are accompanied by an adult). The fact that no attempt is made to question whether or not a child should be allowed into a screening of a film like The Passion of the Christ or Team America: World Police highlights the fundamental difference between the US and the UK, where, in the former, every film rated "R" or lower, despite what the labels might suggest, must essentially be made with the assumption that children of any age might see it, whereas in the latter, the fact that cinemas, by law, have to enforce the inflexible "15" and "18" age ratings means that, at least for theatrical screenings, this is not an issue (although, of course, this doesn't stop the odd underage child sneaking in).
What This Film is Not Yet Rated ultimately shows is that censorship is an extremely broad and tricky concept, and that the MPAA system has become entwined with the very heart of American society itself, creating a state of complacency in which problems that should be challenged are taken for granted, not just by colluding studios but also by a public that has itself come to accept the NC-17-rated film as an enormous taboo. Theoretically, what former MPAA president Jack Valenti says makes a lot of sense: if you make a film that people want to see, they will see it, regardless of the rating. But, in reality, it all boils down to a grand illusion, and Valenti's motto might as well be "My way or the highway." So, ultimately, is the MPAA imposing its own twisted morals filmgoers, or does it simply reflect the twisted morals of American society as a whole? One thing's for sure: for the situation to improve, there is going to have to be a fundamental change in the attitudes of both.
DVD Presentation

With a title such as this, critiquing the image quality is virtually pointless. It's essentially of the "does its job" variety, with an unremarkable non-anamorphic transfer (a result of the low-tech manner in which the film was shot and edited rather than a failing on the part of the DVD producer) showcasing materials of varying quality, from consumer VHS recordings of old interviews with Valenti to reasonable-looking clips from films being discussed. No, I'd certainly never call this a good-looking disc, but for all intents and purposes you're probably better off ignoring the video rating for this particular release.
The same holds true for the audio, which is an unremarkable Dolby Digital 2.0 track, mostly mono but with music and some clips from films in stereo. It's always clear, and, on occasions when it becomes difficult to hear what someone is saying (such as during the various "candid camera" moments), burnt-in subtitles are provided. The rest of the speech, however, is unsubbed.
Extras

The first of the main extras is an audio commentary featuring Dick, Altringer and producer Eddie Schmidt, moderated by Ain't It Cool News reporter Drew McWeeny. Normally I am somewhat sceptical of commentaries offered on documentaries, given that, by the very nature of a factual film, the director has presumably already had ample opportunity to say everything he intends to convey. I was pleasantly surprised by this track, though, which contains a plethora of new material and provides a slightly different view of the events portrayed on screen, commenting after the fact on such issues as actually convincing victims of the MPAA's process to risk virtual career suicide and openly condemn the very organisation that will be responsible for approving any subsequent films they might make, as well as problems with getting the film distributed, given that 95% of the entire industry is controlled by the six MPAA-friendly majors. Less interesting are Becky Altringer's comments, which don't really convey anything not already shown in the film itself, but overall this track is one of those rare commentaries that actually leaves you with a greater understanding of the whole process.
Ditto with the nine-minute Q&A session with Dick, and the five deleted scenes, also contained on the disc. The former repeats some material also covered in the commentary, but the latter are every bit as interesting as what made it into the final cut. Especially interesting is the first segment, in which John Waters and Kevin Smith vent their frustrations regarding the MPAA in a more extended form, as is a piece interviewing Love & Basketball director Gina Prince-Bythewood, which discusses the potential for racial prejudice in the MPAA's ratings, a thread not developed in the final film. The true highlight, though, is a series of telephone calls between Dick and the MPAA, in which the organisation, whose web site is plastered with anti-piracy slogans, repeatedly assures the director that no copies have been made of his film, only to later admit, reluctantly, that yes, they did make an unauthorised bootleg.
Finally, the film's trailer, and a selection of trailers for other releases (which play when you insert the disc, but can be skipped), are also provided.
Overall

It's an oft-overused statement, but I'm going to say it anyway: This Film is Not Yet Rated is something that anyone with any interest in films, mainstream or independent, needs to see. The MPAA's decisions have such an impact on the viewing experiences of every filmgoer, regardless of whether or not they live in the US, that people really should be more aware of just how what they can or cannot see is decided. The documentary does suffer from a handful of oversights, and it doesn't even pretend to be unbiased, while the DVD itself is hardly a technical masterpiece, but don't let those provisos dissuade you from seeking it out.
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Comments
Heretic
Posts: 198
1. The MPAA's decisions are arbitrary and lack unaccountability
Might want to change that :)
On the whole I might still be interested in seeing this movie although the issue being covered DEMANDS a more balanced perspective than what seems to have been offered here.
Contributor
Posts: 1647
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Member
Posts: 448
Nice review Michael, just about covers the whole situation nicely.
I can't defend the MPAA (who the mainstream studios like to be represented by and bring control), but I will defend the rights of US distributors to release movies unrated and I hope any future changes in the MPAA won't affect the kind of freedom they enjoy on what they put out on video.
Member
Posts: 91
I don't know what the new "R" ratings will be dubbed, probably R-15 or R-18. But since this is new, it might be just some slight changes and not as drastic as the MPAA says it is.
Good review, though. I wish the DVD would've come with optional subtitles (or been close-captioned), but I suppose Kirby Dick wanted this movie out as quick as possible, thus the lack of anamorphic enhancement and subtitles.
Contributor
Posts: 1647
Originally Posted by RisingSun:
So this movie is unrated, then!?
Yeah, Dick had to "surrender" his NC-17 rating after he made changes to the film to depict the rating and appeals processes.
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Contributor
Posts: 370
The major studios are all MPAA signatories, so they agree not to release a film unrated into cinemas. (I'm not sure if that applies to DVD as well.) However, they sometimes have released films through non-MPAA-affiliated subsidiary companies when a film has had trouble with the MPAA. Back in pre-ratings (Production Code Seal of Approval) days, both Charlie Bubbles and I'll Never Forget What'sisname were released that way when the MPAA objected to scenes of implied oral sex. More recently, Miramax (owned by Disney) set up Shining Excalibur Films for the sole purpose of distributing Kids when the MPAA refused to budge on a NC-17. On the other hand, the majors have released NC-17s occasionally, usually small-scale arthouse releases such as The Dreamers.
In a way Jack Valenti is right - if the studios did decide to put out a wide-release film with a NC-17, they are free to do so. Showgirls was the last time this was tried - the film has its fans, but it was a critical and commercial bomb and probably not the best film to test the water with.
On a low-budget indie scale, Abel Ferrara made Bad Lieutenant in the full knowledge that it would get a NC-17. It did, and the film made a small profit. So it can be done.
I'm not sure if I'd go along with the suggestion from Roger Ebert amongst others, to have a new rating that distinguishes a serious adult film from hardcore pornography. Such a system does exist in the UK (the 18 vs the R18) and Australia (the R vs the X) but it causes difficulties. Many films in the last decade (most recently 9 Songs and Shortbus) are clearly not porn but contain explicit unsimulated sex scenes. On the other hand, Deep Throat is very much pornographic in its intention, but it is also of clear historical importance, so should it be 18 instead of R18? Ultimately the BBFC or OFLC have to decide whether a film is a "sex work" or not, which then affects what they can pass or not.
In the end, I'd much rather have a re-education campaign that should have happened when the NC-17 replaced the X, for films that are in no way suitable for children but any adult should be allowed to see. Most other countries have no problem with this concept, but Hollywood is so much in thrall to the teenage dollar that I can't see the situation changing very soon.
Member
Posts: 605
In the end, I'd much rather have a re-education campaign that should have happened when the NC-17 replaced the X, for films that are in no way suitable for children but any adult should be allowed to see. Most other countries have no problem with this concept, but Hollywood is so much in thrall to the teenage dollar that I can't see the situation changing very soon.
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Member
Posts: 175
...filmmakers in America do have the option of bypassing the MPAA entirely and releasing their film without a rating, something that filmmakers in the UK can only dream about.
Films can be released in the UK without BBFC certificates. It's ultimately up to the local authorities what gets shown in their districts. Eg. The Texas Chainsaw Massacre, refused even an X by the BBFC, but passed by the Greater London Council. Also some councils downgraded the 12 certificate of Spider-Man to a PG as they disagreed with it. It led to the creation of the 12A. It works the other way too, though. Some councils banned the Python films Life Of Brian and The Meaning Of Life.
...non-anamorphic transfer (a result of the low-tech manner in which the film was shot and edited rather than a failing on the part of the DVD producer)
I don't understand. Surely anything can be released on DVD anamorphically and it would benefit those of us with 16/9 screens.
davids: Really wanna see this film, but i'll wait for a drop in price.
Same here, and I'm afraid the lack of an anamorphic transfer is a key factor. Had this been a feature film, rather than a documentary, I would boycott it entirely. Sadly, after having all but vanished around 2003, non-anamorphic transfers seem to be making a bit of a comeback lately. There's no excuse for it at all. :(
I am an agent of chaos!
Posts: 408
Originally Posted by Rossyross:
Same here, and I'm afraid the lack of an anamorphic transfer is a key factor. Had this been a feature film, rather than a documentary, I would boycott it entirely. Sadly, after having all but vanished around 2003, non-anamorphic transfers seem to be making a bit of a comeback lately. There's no excuse for it at all. :(
As previously stated by DVD Times "It has as much to do with the manner in which it was shot and edited as anything. The US DVD, too, is non-anamorphic, and to make it anamorphic would be more likely to degrade the image quality than improve it".
Member
Posts: 448
Originally Posted by Rossyross:
...filmmakers in America do have the option of bypassing the MPAA entirely and releasing their film without a rating, something that filmmakers in the UK can only dream about.
Films can be released in the UK without BBFC certificates.
Not on video they can't. I know and own lots of DVDs that are banned or cut by the BBFC, but available freely and uncut in the United States. (And Europe)
I hate the idea that big brother (BBFC) has to watch every video released in the UK before they certify it's okay to hit UK stores! Unbelievable!
Member
Posts: 605
Sadly, after having all but vanished around 2003, non-anamorphic transfers seem to be making a bit of a comeback lately. There's no excuse for it at all.
ISF Certified
Posts: 356
To be fair to the distributors, they may only have been supplied with a non-anamorphic master by the rightsholder and have to make the best of it.
Contributor
Posts: 370
And while these films were arthouse releases by independents, the MPAA and Valenti did nothing except repeat what they/he had already said. It was only when a major-studio release (<i>Henry and June</i>) was landed with an X that things were changed, though as Michael has said the differences turned out to be largely cosmetic ones. As I said, a major studio has the muscle to get a NC-17 film out on wide release, as they did with Showgirls and those "quality Xs" from the early 70s. Given the right film, I'm sure they could take the NC-17 and run with it.
<i>Not on video they can't. I know and own lots of DVDs that are banned or cut by the BBFC, but available freely and uncut in the United States. (And Europe)</i>
You presumably have a large collection of hardcore pornography then? The number of films/videos banned by the BBFC in the last twenty years isn't that large (81 on a search of the website from 1.1.87 onwards, most of them porn, including some that have since been passed). Cut is a different matter, but many "banned" films remain so because they haven't been resubmitted recently. Granted there are films like Monte Hellman's Cockfighter which don't stand a chance of being passed because they violate British laws on animal cruelty.
On the other hand, do you own any of these?
Boogie Nights
Desperado
Taxi Driver
Total Recall
to name but four. All cut by the MPAA and the cut versions are the ones available in the UK (not further cut by the BBFC) and in most countries worldwide.
Member
Posts: 448
Originally Posted by Gary Couzens
On the other hand, do you own any of these?
Boogie Nights
Desperado
Taxi Driver
Total Recall
to name but four. All cut by the MPAA and the cut versions are the ones available in the UK (not further cut by the BBFC) and in most countries worldwide.
But there is a choice by the director/studio to release an unrated version if they wish to do so.
The so called uncut versions have not been released, which lead me to believe that the versions out there now are the complete version and everyone is satisfied with that cut.
BTW: I have a large collection of mainly horror that the BBFC would still cut. Granted they have waved some cuts but they still insisted on cutting The Last House on the Left, albeit mildly for ridiculous reasons! And they STILL cut stuff like Cannibal Holocaust by 5 mins. Honestly who makes these decisions for us! The BBFC ruin UK DVD covers as well with their crappy logos! Okay I think I’ll leave it there! It’s obvious that I don’t like the system being compulsory.
Member
Posts: 515
Not always. The Friday the 13th films were butchered by the MPAA and whilst Part 1 got released uncut overseas by Warners, the rest were left with Paramount who, at least back then, had a blanket ban on X/NC-17 films, to the extent that no attempt was made to restore the cuts for DVD. And in the case of My Blood Valentine, uncut prints exist but Paramount still refused. The filmmakers, be they the director or the producers, can have their hands tied by studio idiocy that has less reason to change than the BBFC
I am an agent of chaos!
Posts: 408
Originally Posted by RisingSun:
Granted they have waved some cuts but they still insisted on cutting The Last House on the Left, albeit mildly for ridiculous reasons! And they STILL cut stuff like Cannibal Holocaust by 5 mins. Honestly who makes these decisions for us! The BBFC ruin UK DVD covers as well with their crappy logos! Okay I think I’ll leave it there! It’s obvious that I don’t like the system being compulsory.
You have a point with The Last House On The Left, but there are certain scenes in Cannibal Holocaust which should not have been filmed in the first place.
Ruggero Deodato has stated he wished he had never made the film.
It has a snowball's chance in hell of being passed uncut by the BBFC and to be honest, I'm quite glad about that....and I own the Grindhouse version!
I am an agent of chaos!
Posts: 408
Member
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Cannibal Holocaust falls foul of the animal cruelty laws, which is why it cannot be released uncut. The other cuts to Cannibal Holocaust were for sexual violence, which is the one remaining thing the BBFC are concerned about.
It has a snowball's chance in hell of being passed uncut by the BBFC and to be honest, I'm quite glad about that....and I own the Grindhouse version!
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Good, If these titles are truly bad then they should be prosecuted. I think the BBFC should report the titles in question immediately to the authorities for entering the country! ;) :rolleyes:
I mean there must some truly illegal activity depicted in the work that the distributors should be thrown in jail immediately! :rolleyes:
Until then it’s a case of we decide what you watch!
I wonder if the Video Recording Act 1984 was scrapped how many titles would get prosecuted, knowing full well that these titles are available all over the US and Europe. I suspect a law change then anything to bring us in line with Europe and the US is more likely outcome, then a bunch of laughable court orders.
It's obvious that these laws aren't stopping us watching uncut versions of these movies, so that defeats the point of BBFC intervention in the first place.
I am an agent of chaos!
Posts: 408
Originally Posted by RisingSun:
It's obvious that these laws aren't stopping us watching uncut versions of these movies, so that defeats the point of BBFC intervention in the first place.
It's one thing being a gorehound; condoning unsimulated animal cruelty (i.e. disemboweling a turtle and killing a second monkey just for the sake of a second take) is another thing altogether. If you're having trouble separating these things, then you have some serious issues.
Having little time for the BBFC, like many others back in the day, I was importing laserdiscs to circumvent some of the archaic decicions that had been made. However, they don't really give us that much to moan about now. The most annoying thing for me is the flippin' certification logos and I'm learning to live with them.
Member
Posts: 448
Originally Posted by hiram.k.hackenbacker:
Originally Posted by RisingSun:
It's obvious that these laws aren't stopping us watching uncut versions of these movies, so that defeats the point of BBFC intervention in the first place.
It's one thing being a gorehound; condoning unsimulated animal cruelty (i.e. disemboweling a turtle and killing a second monkey just for the sake of a second take) is another thing altogether. If you're having trouble separating these things, then you have some serious issues.
I think you misunderstood my point! Before 1984, how many distributors were prosecuted for releasing "illegal" activity!?
The filmmakers should be prosecuted then for animal cruelty and whatever! Have they?? That would be the right thing to do. Not for the title to be available in mainstream western stores!
Member
Posts: 515
And what good would preventing the Western distribution of 20 year+ old films do? Are you implying that Eastern distributors are shady? Cannibal Holocaust can be bought uncut in the States. I think the director was wrong to have the animals killed for the camera but how can it be wrong for Grindhouse to show the film? I don/t see Rising Sun's point. Deadato didn't break the laws of the country where the film was shot - only the exhibition of his film uncut is illegal in the UK, and maybe other countries. Deadato WAS prosecuted, by an Italian court who was suspicious that he had killed his cast off!
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