CLASSIFICATION AND RATING RULES
Effective as revised July 24, 2020
Motion Picture Association, Inc.
15301 Ventura Boulevard Building E
Sherman Oaks, California 91403
National Association of Theatre Owners, Inc.
1705 N Street, NW
Washington, D.C. 20036
CONTENTS
INTRODUCTION ............................................................................................................. 1
ARTICLE I ORGANIZATION OF CLASSIFICATION AND RATING
ADMINISTRATION .................................................................................. 1
ARTICLE II SUBMISSION OF MOTION PICTURES FOR RATING ............................ 2
Section 1. Motion Pictures That May be Submitted for Rating..................................... 2
Section 2. Procedures for Submitting Motion Pictures for Rating ................................ 3
Section 3. Rating Classifications ................................................................................. 5
Section 4. Submission of Rated Motion Pictures for New and Different Ratings ......... 7
ARTICLE III PROPER USE OF THE RATINGS ........................................................... 9
Section 1. Use of the Ratings...................................................................................... 9
Section 2. Violation of the Rules; Sanctions .............................................................. 10
Section 3. Proceedings for Imposing Sanctions ........................................................ 11
ARTICLE IV CLASSIFICATION AND RATING APPEALS BOARD ............................ 12
Section 1. Organization............................................................................................. 12
Section 2. Responsibilities of the Appeals Board and Observers .............................. 13
Section 3. Procedures for Filing Appeals .................................................................. 14
Section 4. Conduct of Appeals .................................................................................. 16
ARTICLE V ADMINISTRATION OF THESE RULES ................................................. 19
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Classification and Rating Rules Effective July 24, 2020
INTRODUCTION
The Classification and Rating Administration ("CARA") and the Classification and Rating
Appeals Board were established by the Motion Picture Association, Inc. ("MPA") and the
National Association of Theatre Owners, Inc. ("NATO") as part of a voluntary system to
provide information to parents to aid them in determining the suitability of individual
motion pictures for viewing by their children. CARA is operated as an independent
division of MPA. The CARA Rating Board issues ratings for motion pictures exhibited
and distributed in the United States.
The Rating Board does not determine the content that may be included in motion
pictures by filmmakers, nor does it evaluate the quality or social value of motion pictures.
By issuing a rating, it seeks to inform parents of the level of certain content in a motion
picture (violence, sex, drugs, language, thematic material, adult activities, etc.) that
parents may deem inappropriate for viewing by their children. It is not CARA's purpose
to prescribe socially-appropriate values or to suggest any evolution of the values held by
American parents, but instead to reflect the current values of the majority of American
parents, so that parents benefit from and feel fairly informed by the ratings system.
The members of the MPA and NATO are not involved in the Rating Board's
determination of the ratings assigned to individual motion pictures. The Rating Board is
self-supporting, based on fees it receives from producers and distributors of motion
pictures submitted for rating. Those fees are assessed in relation to the negative cost
of the submitted motion picture and the submitting party's yearly aggregate gross income
from motion picture distribution.
Following are the Rules that govern the functioning of the rating system. They are
intended to provide guidance to producers, distributors and exhibitors as well as to
members of the public about the operation of the rating system and the meaning of the
ratings.
ARTICLE I ORGANIZATION OF CLASSIFICATION AND RATING
ADMINISTRATION
A. As outlined in these Rules, CARA rates motion pictures intended to be
exhibited and distributed commercially to the public in the United States
to provide parents information concerning the content of those motion
pictures to help them determine each motion picture's suitability for
viewing by their children.
B. The Rating Board of CARA is comprised as follows:
(1) A Chairperson, appointed by the Chairman of the MPA with the
concurrence of the President of NATO, who is ultimately
responsible for the rating of all motion pictures submitted to CARA
and for the operation and administration of CARA.
(2) Appropriate staff members, one of whom is designated
Administrative Director by the Chairperson.
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(3) Senior Raters, selected by the Chairperson from among the
Raters, who have demonstrated experience and judgment in the
rating of motion pictures. Senior Raters lead the deliberations of
the Raters that result in the rating of individual motion pictures,
then communicate with the rating contact for ratings about those
motion pictures and ensure continuity and consistency of the
ratings system.
(4) Raters, who participate in the rating of individual motion pictures
together with the Chairperson and the Senior Raters. Raters
serve for up to seven years, at the discretion of the Chairperson.
The Chairperson attempts to select a group of Raters who
represent the diversity of American parents.
C. Each member of the Rating Board must be a parent and may not have
any other affiliation with the entertainment industry. The Chairperson and
Senior Raters may have children of any age. Raters must have children
between the ages of five and fifteen when they join the Rating Board and
must leave the Rating Board when all of their children have reached the
age of twenty-one.
D. The Chairperson of CARA will develop and maintain a curriculum of
relevant materials for the initial training of Raters and for periodic review
with them of the standards applied by the majority of American parents to
determine the motion picture content suitable for viewing by their children.
E. The identities of the Chairperson of CARA and of the Senior Raters will
be disclosed to the public and to producers and distributors who submit
motion pictures for rating by CARA. The identity of the other Raters will
not be disclosed, to protect them from being subject to pressure from
members of the public and producers and distributors of motion pictures
with respect to the rating of individual motion pictures.
ARTICLE II SUBMISSION OF MOTION PICTURES FOR RATING
Section 1. Motion Pictures That May be Submitted for Rating
A. For purposes of these Rules, "motion picture" includes feature motion
pictures and shorts. A “feature motion picture” is a film with a running time
of greater than 30 minutes. A “short” is a motion picture that has a
running time of 30 minutes or less, including all credits, that does not
constitute advertising in the judgment of CARA and the Advertising
Administration. CARA and the Advertising Administration will make the
advertising determination taking into account such criteria as the extent to
which: (i) the content can stand on its own as a self-contained motion
picture, (ii) it contains images from an as yet released feature motion
picture and (iii) it serves as a preview or promotion of an upcoming
feature motion picture. To the extent CARA and the Advertising
Administration determine that content submitted for rating under these
Rules as a short is advertising, the content will be subject to the
Advertising Administration Rules.
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B. For purposes of these Rules, a motion picture is "exhibited" if it has been
made commercially available for screening for paid admission in a
commercial motion picture theatre for a run of at least seven consecutive
days and has been advertised during that run in a manner considered
normal and customary to the industry.
C. For purposes of these Rules, a motion picture is "distributed" if it has
been made commercially available for sale or license to members of the
public for personal home use. As used in these Rules, "distribution" does
not include the distribution of a motion picture for theatrical exhibition
unless otherwise specifically indicated.
D. CARA will rate any motion picture at any time before or after it is exhibited
or distributed in the United States.
E. For purposes of these Rules, an "MPA member" is any member of the
MPA, and any parent or subsidiary of such a member or of such a parent
or subsidiary ("parent" and "subsidiary" relationships are those in which
one legal entity has greater than a 50% ownership interest in another
legal entity).
F. All motion pictures intended for exhibition in the United States produced
or theatrically distributed by a member of the MPA must be submitted to
CARA for rating. Such motion pictures may only be exhibited in the
United States with a CARA rating and rating descriptors and are subject
to these Rules, as well as the Advertising Administration Rules.
G. Any motion picture not produced or theatrically distributed by a member
of the MPA may be submitted to CARA for rating in the same manner and
under the same conditions as those applicable to submission of motion
pictures by members of the MPA. However, the producer or distributor of
such a motion picture may elect not to accept the rating and rating
descriptor for that motion picture, or to surrender the rating for the motion
picture, and thereafter may exhibit or distribute the motion picture in the
United States without a rating.
H. A rating certified by CARA for a motion picture may not be used in
connection with the exhibition or distribution of any different version of
that motion picture.
Section 2. Procedures for Submitting Motion Pictures for Rating
A. CARA will issue a rating only after the Rating Board has viewed the
completed motion picture.
B. At the Chairperson's discretion, when the Chairperson determines that
advance consultation may expedite the rating process or otherwise
enhance the efficiency or integrity of the system, the producer or
distributor of a motion picture may request that the Chairperson of CARA
review elements of the motion picture ( e.g., the script, individual scenes,
or segments of the motion picture) before submission of the completed
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motion picture for rating. The Chairperson may advise the producer or
distributor about potential ratings and rating descriptor for the completed
motion picture. Such consultation is solely for the information of the
producer or distributor and will not be considered by the Rating Board in
its rating of the motion picture or by the Appeals Board upon an appeal of
the rating. Any such advice must be treated as confidential by the
producer or distributor.
C. The producer or distributor submitting a motion picture for rating by the
Rating Board must complete the Submittal Agreement and must pay the
applicable fee in accordance with the then-current uniform schedule of
fees. The current Agreement and schedule of fees are attached to these
Rules.
D. The producer or distributor submitting a motion picture for rating must
designate a representative (the "rating contact") who is authorized to
communicate with CARA and to accept the rating and rating descriptor.
All communications by CARA relating to the rating and rating descriptor of
that submitted motion picture must be with the rating contact or with a
person authorized by the rating contact to communicate with CARA about
the rating and rating descriptor. Such communications must be treated
as confidential at all times. The producer or distributor submitting that
motion picture for rating also must designate a representative (the
"advertising contact") who is authorized to communicate with the
Advertising Administration regarding the approval of advertising for the
motion picture and is responsible for compliance with the Advertising
Administration Rules.
E. A motion picture submitted for rating is viewed by designated members of
the Rating Board, including at least one Senior Rater. After the Raters
view the motion picture, each Rater submits a preliminary ballot to the
designated Senior Rater, giving the Rater's view of the appropriate rating
of the motion picture. The Raters who viewed the motion picture then
discuss the appropriate rating and reach agreement on a rating for the
motion picture. After the Raters determine the rating of the motion
picture, each Rater prepares a final ballot with his or her rating for the
motion picture and details of the content of the motion picture that in his
or her view require that rating. The Raters' ballots are treated at all times
as confidential and are not disclosed outside CARA
F. The Rating Board may view multiple versions of the motion picture
submitted by the producer or distributor prior to certification of the rating.
The Chairperson of CARA may regulate the intervals between
consecutive screenings of such versions of a motion picture by the Rating
Board to avoid the potential for diminished sensitivity to the content of the
motion picture.
G. Every motion picture assigned a rating of PG, PG-13, R or NC-17 by the
Rating Board also is assigned a "rating descriptor." This rating descriptor
helps guide parents on the type of content that resulted in the motion
picture being assigned that rating; modifiers indicate the type and
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intensity of specific elements in the movie. The rating descriptor does not
constitute an exhaustive list of the type of content in the motion picture
but reflects only the type of content in the motion picture that is strong
enough to merit the rating category assigned to the motion picture. (E.g.,
a motion picture rated R with a rating descriptor only for "sexual content"
also may include language, depictions of violence or other rating relevant
elements, but only at a PG-13 or lower level.) The rating descriptor for
each rated motion picture is determined by the Chairperson of CARA or
the Senior Rater, in conjunction with the Raters who viewed the motion
picture, based on the elements of the motion picture identified in the
ballots of the Raters who viewed the motion picture as elements that
caused the motion picture to receive that rating.
H. After the Rating Board assigns a rating to the motion picture, CARA will
inform the rating contact of that rating and the rating descriptor. The
rating contact will advise CARA whether the producer or distributor
accepts the rating and rating descriptor.
I. When the rating and rating descriptor for the motion picture are accepted
by the rating contact, CARA will issue a Certificate to the holder of the
distribution rights for the motion picture that identifies the producer or
distributor of the motion picture that submitted the motion picture for
rating, the rating of the motion picture, and the Certificate Number of the
rating.
J. If the rating contact has not accepted the rating and rating descriptor for
the motion picture within six (6) months of the assignment of the rating to
the motion picture by the Rating Board, the Chairperson of CARA may
require that the motion picture be re-screened by the Rating Board prior
to certification of the rating and rating descriptor.
K. CARA may make and/or retain a copy of any version of any motion
picture submitted for rating as a reference to compare it to any other
version submitted for rating and, after a rating has been certified, to verify
that the version being exhibited or distributed is the rated version, or for
any other reason related to the rating of that motion picture or the
administration of the rating system.
Section 3. Rating Classifications
A. Ratings and rating descriptors issued by CARA are intended to be used
by parents to assist them in determining whether the motion picture is
appropriate for their children to see and whether their children should be
accompanied while seeing the motion picture. In rating a motion picture,
the Rating Board evaluates each motion picture in its entirety and
considers those aspects of the motion picture that most parents would
consider in determining whether that motion picture is suitable for viewing
by their children, including mature themes, language, depictions of
violence, nudity, sensuality, depictions of sexual activity, adult activities
(i.e. activities that adults, but not minors, may engage in legally), and drug
use.
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B. CARA assigns a rating to each motion picture. CARA assigns the rating
the Rating Board believes would best reflect the opinion of most
American parents about the suitability of that motion picture for viewing by
their children. When CARA assigns a rating, it also provides a rating
descriptor for that rating in order to better inform parents of the elements
of the motion picture that caused the motion picture to be given that
rating.
C. CARA assigns one of the following ratings, with the following meanings,
to each picture:
(1) G - General Audiences. All Ages Admitted.
A G-rated motion picture contains nothing in theme, language, nudity,
sex, violence or other matters that, in the view of the Rating Board, would
offend parents whose younger children view the motion picture. The G
rating is not a "certificate of approval," nor does it signify a "children's"
motion picture. Some snippets of language may go beyond polite
conversation but they are common everyday expressions. No stronger
words are present in G-rated motion pictures. Depictions of violence are
minimal. No nudity, sex scenes or drug use are present in the motion
picture.
(2) PG - Parental Guidance Suggested. Some Material May Not Be
Suitable For Children.
A PG-rated motion picture should be investigated by parents before they
let their younger children attend. The PG rating indicates, in the view of
the Rating Board, that parents may consider some material unsuitable for
their children, and parents should make that decision.
The more mature themes in some PG-rated motion pictures may call for
parental guidance. There may be some profanity and some depictions of
violence or brief nudity. But these elements are not deemed so intense
as to require that parents be strongly cautioned beyond the suggestion of
parental guidance. There is no drug use content in a PG-rated motion
picture.
(3) PG-13 - Parents Strongly Cautioned. Some Material May Be
Inappropriate For Children Under 13.
A PG-13 rating is a sterner warning by the Rating Board to parents to
determine whether their children under age 13 should view the motion
picture, as some material might not be suited for them. A PG-13 motion
picture may go beyond the PG rating in theme, violence, nudity,
sensuality, language, adult activities or other elements, but does not
reach the restricted R category. The theme of the motion picture by itself
will not result in a rating greater than PG-13, although depictions of
activities related to a mature theme may result in a restricted rating for the
motion picture. Any drug use will initially require at least a PG-13 rating.
More than brief nudity will require at least a PG-13 rating, but such nudity
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in a PG-13 rated motion picture generally will not be sexually oriented.
There may be depictions of violence in a PG-13 movie, but generally not
both realistic and extreme or persistent violence. A motion picture's
single use of one of the harsher sexually-derived words, though only as
an expletive, initially requires at least a PG-13 rating. More than one
such expletive requires an R rating, as must even one of those words
used in a sexual context. The Rating Board nevertheless may rate such
a motion picture PG-13 if, based on a special vote by a two-thirds
majority, the Raters feel that most American parents would believe that a
PG-13 rating is appropriate because of the context or manner in which
the words are used or because the use of those words in the motion
picture is inconspicuous.
(4) R - Restricted. Children Under 17 Require Accompanying Parent
or Adult Guardian.
An R-rated motion picture, in the view of the Rating Board, contains some
adult material. An R-rated motion picture may include adult themes, adult
activity, hard language, intense or persistent violence, sexually-oriented
nudity, drug abuse or other elements, so that parents are counseled to
take this rating very seriously. Children under 17 are not allowed to
attend R-rated motion pictures unaccompanied by a parent or adult
guardian. Parents are strongly urged to find out more about R-rated
motion pictures in determining their suitability for their children.
Generally, it is not appropriate for parents to bring their young children
with them to R-rated motion pictures.
(5) NC-17 - No One 17 and Under Admitted.
An NC-17 rated motion picture is one that, in the view of the Rating
Board, most parents would consider patently too adult for their children 17
and under. No children will be admitted. NC-17 does not mean
"obscene" or "pornographic" in the common or legal meaning of those
words, and should not be construed as a negative judgment in any sense.
The rating simply signals that the content is appropriate only for an adult
audience. An NC-17 rating can be based on violence, sex, aberrational
behavior, drug abuse or any other element that most parents would
consider too strong and therefore off-limits for viewing by their children.
Section 4. Submission of Rated Motion Pictures for New and Different
Ratings
A. CARA will replace a rating and rating descriptor for a motion picture with
a rating and rating descriptor for a different version of the rated motion
picture (also known as "re-rating" the motion picture) only if the originally
rated version has not been exhibited or distributed in the United States.
The Rating Certificate for the original version must be surrendered and
canceled when the different version of the motion picture is submitted for
re-rating and a new rating will be certified following the re-rating.
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B. CARA will issue an additional rating and rating descriptor for any version
of a motion picture different from the original version that has been
exhibited or distributed in the United States, which for purposes of these
Rules will be referred to as a "differently-rated" version. (The rating and
rating descriptor for the motion picture may not be replaced after a
version of the motion picture has been exhibited or distributed in the
United States; only an additional rating may be issued then for a different
version of the motion picture.)
C. If the original version has been exhibited in theatres in the United States,
and the different version receives a different rating than the exhibited
version or is unrated (or if the exhibited version was unrated), that
different version may be exhibited, distributed, promoted or advertised in
the United States only following the complete withdrawal everywhere in
the United States from exhibition and related advertising of the original
version ("withdrawal period").
D. After the completion of that withdrawal period, the originally rated version
may be released in the home entertainment market, by itself or
simultaneously with the differently-rated version.
E. The length of the withdrawal period must be sufficient to prevent
confusion by the public between the original version and the differently-
rated version. A withdrawal period of not less than ninety (90) days will be
deemed sufficient to prevent such public confusion. Upon a showing of
good cause by the submitting party, the Chairperson of CARA may
determine that a withdrawal period of less than ninety (90) days is
sufficient to prevent such public confusion in light of all of the
circumstances related to that motion picture. In making such a
determination, the Chairperson of CARA will consider, among other
criteria, the following factors:
(1) The number of theatres in which the original version of the motion
picture has been exhibited;
(2) The duration of each run;
(3) The extent of the advertising and publicity for the original version
of the motion picture;
(4) The extent of any other distribution of the original version of the
motion picture; and
(5) Any other factors that might cause or mitigate public confusion
about the rating of the motion picture between the original version
and the differently-rated version.
The rating and rating descriptor for the differently-rated version may be
certified immediately by the Rating Board. The rating and rating descriptor
for the differently-rated version may be used with that different version
only after the completion of the withdrawal period for the original version.
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If the Rating Board completes its rating of the different version prior to the
withdrawal of the original version or during the withdrawal period, the
Chairperson of CARA will specify in the Transmittal Letter for the Rating
Certificate the end of the withdrawal period, if that date then can be
determined, or that the differently-rated version may not be exhibited or
distributed with the different rating until the completion of a suitable
withdrawal period to be determined later by the Chairperson of CARA.
The Chairperson of CARA will notify the CEO of the MPA and the
President of NATO of the date specified for the completion of the
withdrawal period, if that date is less than ninety (90) days after the
complete withdrawal of the original version of the motion picture from
exhibition and related advertising. The CEO of the MPA and the
President of NATO may decide, for good cause, to specify a different date
for completion of that withdrawal period.
F. The differently-rated version must display the following information
prominently on its advertising and packaging: "This -rated version
contains material different from the original -rated version"; and it must
indicate in the title of the motion picture that the differently-rated version is
different from the original version.
ARTICLE III PROPER USE OF THE RATINGS
Section 1. Use of the Ratings
A. The G, PG, PG-13, R and NC-17 rating symbols and legends are
Certification marks registered by the MPA with the United States Patent
and Trademark Office. In order to ensure that the public is aware of the
status of each of these marks, use of the standard trademark notice ®
next to the rating symbol is required on materials issued to the public
which include any of the rating marks. The rating symbols and legends
may not be self-applied and may only be used with the authorization of
the MPA in connection with motion pictures that have been rated by
CARA, in accordance with the Rules set forth herein and the Advertising
Administration Rules. The unauthorized use of the MPA's rating symbols
constitutes trademark infringement, creates public confusion and violates
these Rules.
B. Once the rating and rating descriptor of a motion picture have been
certified by CARA, all copies of that version of the motion picture that are
exhibited or distributed in the United States must be identical to the copy
rated by CARA and must use the CARA rating and rating descriptor for
that version.
C. If a motion picture is rated, released, then edited and a different version is
rated in accordance with these Rules, only the most recently rated
version may be exhibited and it must carry the rating and rating descriptor
associated with that differently-rated version of the motion picture. If the
different version of the motion picture is placed in a different rating
category than the original version, it may not be exhibited or distributed
prior to the completion of the withdrawal period as specified in these
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Rules. However, two versions of a motion picture that have been placed
in the same rating category by CARA may be exhibited or distributed
simultaneously.
D. A rating is issued by CARA on the condition that all of the terms and
conditions stated in these Rules, the Submittal Agreement, the
certification letter and the Rating Certificate are binding on the producer
or distributor who submits the motion picture, as well as its agents,
assignees, or any other person or entity acting under the actual or
apparent authority or license of the submitting producer or distributor, and
on any other rightsholder that exhibits or distributes the motion picture in
the United States after the issuance of that rating and on that other
rightsholder's agents, assignees, or any other person or entity acting
under that other rightsholder's actual or apparent authority or license.
E. At all times that a motion picture is submitted for a rating or while a
motion picture with a rating is being exhibited, distributed or advertised,
the producers and distributors of the motion picture must comply with the
MPA's Advertising Administration Rules. Failure to comply with the
Advertising Administration Rules may result in suspension of the rating
process or revocation of the Rating Certificate.
F. Rated motion pictures must bear prominently on every copy exhibited or
distributed in the United States the number of the Rating Certificate and
the official Seal of the MPA with the words "Certificate Number," followed
by the number of the Rating Certificate and the symbol of the rating
assigned to the motion picture. To the extent possible, the Seal of the
MPA, the rating and number must be displayed in uniform type, size and
prominence. The Chairperson of CARA may waive the requirements of
this paragraph F for good cause for any motion picture for which the
producer(s) and distributor(s) of the motion picture are not members of
the MPA.
G. If a rated version of a motion picture is distributed in the home
entertainment market with audiovisual material in addition to the rated
motion picture, such as deleted scenes, interviews, commentary, bonus
material or other similar materials ("unrated content"), the distributor must
comply with the Advertising Administration Rules with respect to such
product and must include on the packaging of the product the following
legend: "This product contains the _-rated motion picture and additional
unrated material" or a similar legend acceptable to the Advertising
Administration.
Section 2. Violation of the Rules; Sanctions
A. Any violation of these Rules, the submittal agreement, the certification
letter, the Rating Certificate, the Advertising Administration Rules or any
other provisions governing the rating of a motion picture by CARA shall
be grounds for the imposition of sanctions.
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B. The following sanction may be issued for violation of the rules governing
the rating system:
(1) CARA may revoke the rating issued by it to the motion picture;
(2) If the motion picture has not yet been rated, the rating process
may be suspended or the motion picture may be removed from
the rating process entirely;
(3) The rating process for any other motion pictures submitted for
rating by the distributor (including any parent, subsidiary, affiliate,
agent, servant, employee, licensee, sub-licensee, assignee or
successor-in-interest to the distributor that is determined to have
been responsible for the violation) may be suspended for such
time as the Chairman of MPA and the President of NATO
determine is appropriate;
(4) The distributor (including any parent, subsidiary, affiliate, agent,
servant, employee, licensee, sub-licensee, assignee or successor-
in-interest to the distributor that is determined to have been
responsible for the violation) may be suspended from participating
in the rating system for such time as the Chairman of MPA and
the President of NATO determine is appropriate, but in no event,
for more than ninety (90) days; and/or
(5) Any other sanction listed in these Rules or the Advertising
Administration Rules and any sanction deemed appropriate by the
Chairman of MPA and President of NATO to remedy the violation.
Failure by CARA to seek a sanction for a violation of these Rules
should not be construed as a waiver of the violation.
Section 3. Proceedings for Imposing Sanctions
A. An action for sanctions, other than for a violation of the Advertising
Administration Rules, is commenced by CARA as follows:
(1) The Chairperson of CARA will advise the CEO of the MPA in
writing of the facts on which an appropriate sanction is sought,
with a copy to the producer or distributor and, where possible, with
telephonic notice thereof.
(2) In consultation with the CEO of the MPA, the President of NATO,
and the Chairperson of CARA, a date and time, no later than
ten (10) business days after notice is given to the producer or
distributor, will be set for a hearing to provide the producer or
distributor an opportunity to be heard.
B. Sanctions proceedings will be heard by the CEO of the MPA and the
President of NATO or, in their absence, a designated officer of their
respective organizations (other than the Chairperson of CARA or other
member of the Rating Board). At the hearing, oral and documentary
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evidence may be introduced by the producer or distributor and by
representatives of CARA. If the CEO of the MPA and the President of
NATO or their designees, upon review of the evidence, determine that the
CARA Rules have been violated and that the violation has not been cured
adequately, they may issue an appropriate sanction commensurate with
the violation. The sanction proceeding will be decided as expeditiously as
possible and a written determination will be made. The decision of the
CEO of the MPA and the President of NATO, or their designees, is final.
During the pendency of the sanction proceeding, the producer or
distributor of the motion picture may take steps to cure the violation that
gave rise to that proceeding. The CEO of the MPA and the President of
NATO may, in their discretion, determine that such violation has been
effectively cured at any time prior to issuance of a final decision in the
proceeding and may cancel the proceeding.
C. If the revocation of a rating is ordered pursuant to such sanction
proceedings, all rated copies of that motion picture must be immediately
withdrawn from exhibition and written request must be made to
distributors of home entertainment for the return of all rated copies. A
copy of all such requests will be provided promptly to the CEO of the
MPA and the President of NATO.
ARTICLE IV CLASSIFICATION AND RATING APPEALS BOARD
Section 1. Organization
A. The Classification and Rating Appeals Board ("Appeals Board") is
composed as follows:
(1) The CEO of the MPA or his/her representative (who is the
Chairperson of the Appeals Board).
(2) Three representatives designated by each member company of
the MPA.
(3) The President of NATO or his/her representative.
(4) Up to three representatives designated by each of up to eight
NATO members designated periodically by NATO.
(5) The MPA and NATO may establish minimum qualifications for
experience and job responsibilities for the representatives that
may be designated to the Appeals Board by each their member
companies.
(6) The CEO of the Independent Film & Television Alliance ("IFTA") or
his/her representative.
(7) Up to two representatives designated by each of up to four
independent producers or distributors of motion pictures, each of
whom will be designated periodically by agreement of the CEO of
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the MPA and the President of NATO (provided that such
independent producer or distributor agrees in writing to submit all
of its motion pictures for rating by CARA and to release those
motion pictures for exhibition only with their CARA rating).
(8) Up to two representatives of up to four entities not affiliated with a
motion picture producer, distributor or exhibitor, designated
periodically by agreement of the CEO of the MPA and the
President of NATO, each of whom is knowledgeable about: the
standards generally applied by American parents for determining
the suitability of motion pictures for viewing by their children; and,
the appropriateness of various types of content for viewing by
children.
B. The MPA and NATO will encourage the designation of Appeals Board
members who represent the diversity of American parents and who
understand and respect the values of American parents.
C. Each member of the Appeals Board, other than the CEO of the MPA, the
President of NATO and the CEO of IFTA, will be appointed for a term of
three (3) years and may be appointed for no more than two (2)
consecutive full terms of three years each. Representatives of MPA and
NATO members will serve staggered terms, so that the term of one of its
three representatives ends each year. At the discretion of the
Chairperson of the Appeals Board, emeritus members of the Appeals
Board may serve on the appeal of individual motion pictures if the current
representatives of the MPA or NATO member they represent are not
available and their participation is necessary to meet the quorum
requirements for an appeal.
D. Each member of the Appeals Board must attend a training session at the
beginning of his or her initial term on the Appeals Board or upon
reappointment to a second term. Training sessions are administered by
MPA and NATO and will include the Chairperson of CARA. Training
sessions are designed to familiarize Appeals Board members with these
Rules and with the procedures and processes of the Rating Board and
the Appeals Board.
E. The CEO of the MPA and the President of NATO may agree periodically
to designate up to three additional organizations ("observer
organizations") whose representatives are permitted to attend appeal
proceedings. Those organizations must have a demonstrated interest in
ensuring the accurate rating of motion pictures and the fair conduct of
rating appeals.
Section 2. Responsibilities of the Appeals Board and Observers
A. The Appeals Board hears and determines appeals by motion picture
producers or distributors of ratings certified by the CARA Rating Board.
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B. No member of the Appeals Board may participate in any aspect of the
appeal of the rating of a motion picture in which the member or any legal
entity with which he or she is associated, or any affiliate of such an entity,
has any interest. If a member of the Appeals Board is or becomes aware
of any matter that could materially affect his or her independent judgment
or scrupulous adherence to these Rules with respect to a particular
appeal, the member must decline to participate in such appeal.
C. Except as permitted by these Rules, a producer or distributor appealing
the rating of a motion picture may not communicate directly or indirectly
with any member of the Appeals Board, other than the Chairperson of the
Appeals Board, about the rating or the appeal prior to the appeal hearing.
Any member of the Appeals Board who is contacted directly or indirectly
by the producer or distributor prior to the appeal hearing must advise the
Chairperson of the Appeals Board promptly of that communication. Such
a communication may be grounds for dismissal of the appeal or other
appropriate sanction, in the judgment of the Chairperson of the Appeals
Board, given the nature and extent of the violation of this rule.
D. The Appeals Board will consider whether the majority of American
parents would believe that a less restrictive rating should have been
assigned to the motion picture. Members of the Appeals Board may vote
to overturn the rating of the motion picture only if they believe that the
rating assigned by the Rating Board was clearly erroneous, meaning that
the Appeals Board member concludes that the rating assigned by the
Rating Board clearly is inconsistent with the established standards for that
rating.
E. The members of the Appeals Board and any observers must treat all
appeal proceedings as confidential and may not discuss appeal
proceedings except with the CEO or other representatives of the MPA,
the President or other representatives of NATO or other Appeals Board
members. In the event of a violation of this rule, the Chairperson of the
Appeals Board may apply appropriate sanctions to ensure the fairness
and integrity of the appeals process.
F. An appeal may not be filed which (1) the Appellant knows is frivolous or
lacks a substantial basis under these Rules; or (2) is intended to generate
publicity for the motion picture rather than to assert a legitimate dispute
with the rating assigned by the Rating Board. In the event of a violation of
this rule, the Chairperson of the Appeals Board may apply appropriate
sanctions to ensure the fairness and integrity of the appeals process.
Section 3. Procedures for Filing Appeals
A. The producer or distributor of a motion picture may appeal a rating
certified by CARA
B. An appeal from a rating certified by CARA must be instituted: 1) not more
than twenty-five business days after the date on which the rating is
certified by CARA; and, 2) not less than twenty-five business days before
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the initial public exhibition or distribution of that version of the motion
picture in the United States. The Chairperson of the Appeals Board may
grant a waiver of these deadlines only when the inability to comply with
these deadlines is due to circumstances beyond the control of the
Appellant or its agents.
C. The producer or distributor may only seek the next less restrictive rating
on an appeal.
D. Only one appeal may be taken of the rating of each version of a motion
picture and only two appeals total may be taken of the ratings of different
versions of a motion picture.
E. An appeal of a rating certified by CARA is instituted as follows:
(1) The producer or distributor taking the appeal (the "Appellant")
must send a notice of intent to appeal to the Chairperson of the
Appeals Board, addressed as follows:
Chief Executive Officer
Motion Picture Association, Inc.
c/o Counsel to CARA
15301 Ventura Boulevard Building E
Sherman Oaks, CA 91403
(2) A non-refundable check payable to the MPA must be included
with the notice of intent to appeal. The fee for an appeal is 10% of
the fee for the rating of the motion picture, but not less than $250.
(3) The notice of intent to appeal must state: (i) the name of the
motion picture; (ii) the rating assigned to the motion picture by the
Rating Board; (iii) Appellant's intent to appeal; (iv) the running time
of the rated version of the motion picture; and, (v) that the version
of the motion picture to be screened at the appeal proceeding will
be the same version that was rated by CARA.
F. Counsel to CARA will schedule the hearing on the appeal at a convenient
date not less than ten (10) business days after an appeal has been
instituted. Appeals will not be scheduled on Mondays or Fridays. For
good cause, the CEO of the MPA and the President of NATO may agree
to schedule an appeal on earlier or different dates than provided by these
Rules.
G. Appeals generally are held at an appropriate screening facility in the Los
Angeles metropolitan area. However, the Chairperson of the Appeals
Board, with the consent of the parties, may schedule an appeal to be held
at a different location or in a different manner.
H. Before the appeal proceeding, the Appellant must arrange a screening of
the motion picture for the Rating Board to confirm that the version of the
motion picture to be screened at the appeal is the version of the motion
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picture rated by the Rating Board. A representative of CARA will retain
the copy of the motion picture after the screening and deliver it the appeal
proceeding.
I. A rating appeal may be cancelled by the Appellant at any time before the
appeal hearing by sending a notice of cancellation of the appeal to the
Chairperson of the Appeals Board, addressed in the same manner as the
notice of the appeal.
J. A rating appeal must be completed not less than fourteen (14) calendar
days before the initial public exhibition or distribution of that version of the
motion picture in the United States.
K. If the rating of a motion picture is upheld by the Appeals Board, the
producer or distributor may submit a different version of the motion
picture to CARA for re-rating in accordance with these Rules.
Section 4. Conduct of Appeals
A. A quorum of the Appeals Board for an appeal is nine members, provided
that at least three members designated by MPA and its member
companies and three members designated by NATO and its members
are present. These quorum requirements may be waived upon the
written agreement of the Chairperson of the Appeals Board, the
Chairperson or other representative of CARA, and a representative of the
Appellant.
B. The Chairperson of the Appeals Board and his or her representatives,
members of the Appeals Board, representatives of designated observer
organizations, and up to two (2) representatives each of the Appellant
and of CARA may attend the appeal proceeding. All others, including
members of the press, will be excluded.
C. The Appellant may be represented at the appeal only by persons involved
in the production or distribution of the motion picture prior to the
certification of the rating for the motion picture, or the Appellant may
submit a written statement to be read during the appeal. The names of
the Appellant's representatives or its written statement must be provided
to the Chairperson of the Appeals Board not less than three (3) business
days before the appeal hearing.
D. Representatives of designated observer organizations may observe the
appeal proceeding, including the conduct of the vote by the Appeals
Board, but may not participate as a member of the Appeals Board and
may not speak or vote in the appeal proceeding.
E. No part of the appeal may be recorded or transmitted.
F. The appeal begins with the screening to the Appeals Board of the rated
version of the motion picture.
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G. The Appellant's representatives will then make a statement of the reasons
for the Appeals Board to overturn the rating of the motion picture, which
may not exceed fifteen minutes (or the Appellant's written statement will
be read to the Appeals Board if the Appellant is not represented at the
appeal).
H. The Chairperson of CARA or his or her representative will then make a
statement of the reasons for the Appeals Board to uphold the rating of the
motion picture, which may not exceed fifteen minutes.
I. The Appellant's representatives may reply to the statement by the
Chairperson of CARA or his or her representative for not more than ten
(10) minutes.
J. The Chairperson of CARA or his or her representative may reply to the
statement by the Appellant's representatives for not more than ten (10)
minutes.
K. After the parties have completed their presentations, members of the
Appeals Board may ask the parties questions. The Chairperson of the
Appeals Board will determine when to end such questioning.
L. The statements of the parties must address whether the rating assigned
to the motion picture provides an appropriate advisory to American
parents about whether the motion picture, taken as a whole, is suitable for
viewing by their children.
M. The parties' statements may not refer to: 1) the impact of the rating on the
exhibition, distribution or anticipated financial results of the motion picture;
or, 2) ratings or classifications assigned to the motion picture in other
countries.
N. The parties' statements may refer to similar content in any other motion
picture that received a CARA rating, provided that Appeals Board
members will be instructed as follows upon the occurrence of such
comparative reference to other motion pictures:
Each motion picture is unique and should be evaluated as a whole and
the content of that motion picture should be analyzed in context. While
comparisons to other motion pictures may prove helpful to evaluation of
the rating being appealed, Appeals Board members are cautioned that
such comparisons may be misleading and should therefore be
disregarded if:
An Appeals Board member has not seen the entire referenced
motion picture, or lacks sufficient recollection of the entire motion
picture to form a judgment on its rating;
The content of the referenced motion picture, taken as a whole,
was not comparable to the content of the motion picture on
appeal;
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Classification and Rating Rules Effective July 24, 2020
The content at issue may have occurred in a differently rated, or
unrated, version of the referenced motion picture;
The values of a majority of American parents about the content
that is appropriate for their children may fairly be said to have
changed since the rating of the referenced motion picture; or,
Other circumstances indicate that comparison to the other motion
picture is unreliable or misleading.
An Appellant that intends to refer in support of its appeal to content in any
other rated motion picture must advise the Chairperson of the Appeals
Board of the titles of those other motion pictures not less than three (3)
business days prior to the appeal. The Chairperson of CARA must
advise the Chairperson of the Appeals Board of the titles of any other
motion picture the Chairperson of CARA intends to refer to in support of
the rating not less than two (2) business days prior to the rating appeal.
The Chairperson of the Appeals Board will communicate those lists of
titles to the parties prior to the appeal.
O. No statements by individuals not present during the appeal may be read,
distributed or shown to the Appeals Board except as provided herein. The
Appellant must advise the Chairperson of the Appeals Board of any
material, other than the Appellant's statement in the Appellant's own
words, that will be read, distributed or shown to the Appeals Board at
least three (3) business days prior to the appeal. The Chairperson of the
Appeals Board may prohibit the use of any material during the appeal that
has not been properly identified by Appellant in accordance with this rule
or that is misleading or inconsistent with the standards for determination
of the appeal.
P. The Appellant's representatives and the Chairperson of CARA or his or
her representative may assert that any matter raised during the parties'
statements or during the question and answer period is not appropriate
for consideration by the Appeals Board. The Chairperson of the Appeal
will advise the Appeals Board whether any part of a party's statement or
any question or answer is irrelevant to the appeal or violates these Rules.
Q. At the conclusion of the question and answer session, the Chairperson of
the Appeals Board will excuse the parties from the appeal. The
Chairperson of the Appeals Board and the Appeals Board members may
then engage in a discussion of the merits of the appeal.
R. After such deliberations, a vote of the members of the Appeals Board will
be taken by secret ballot. The Appeals Board must consider whether the
majority of American parents would believe that a less restrictive rating
should have been assigned to the motion picture. Members of the
Appeals Board may vote to overturn the rating of the motion picture only if
they believe that the rating assigned by the Rating Board was clearly
erroneous, meaning that they conclude that the rating assigned by the
Rating Board clearly is inconsistent with the standards for that rating.
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S. If more than one Appeals Board member representing any single
company or organization attends an appeal, only one is eligible to vote at
that appeal. The votes will be counted by the Chairperson of the Appeals
Board and a representative of NATO or a NATO member, in the presence
of the Appeals Board.
T. The Appeals Board may overturn the rating assigned to a motion picture
by the Rating Board only upon the vote of two-thirds (2/3) or more of the
members of the Appeals Board voting at the appeal.
U. The Chairperson of the Appeals Board will announce the results of the
vote, including the vote tally, to the Appeals Board and then to the parties.
V. The Appeals Board may request the Chairperson of the Appeal to advise
the CEO of the MPA and the President of NATO that particular issues
arising in the appeal suggest the need for a more specific interpretation,
or re-interpretation, of these Rules.
W. Except as set forth above with regard to the waiver of an Appeals Board
quorum, only the Chairperson of the Appeals Board may grant exceptions
to or waivers of these Rules for the conduct of an appeal. Requests for
an exception or waiver must be made in writing, submitted to the
Chairperson of the Appeals Board at least ten (10) business days before
the appeal hearing with a statement setting forth good cause for the
waiver or exception.
ARTICLE V ADMINISTRATION OF THESE RULES
A. These Rules provide the exclusive remedy for the resolution of all
disputes in connection with the rating of a motion picture.
B. Any controversy or claim arising out of or relating to the rating of a motion
picture or the appeal of such a rating pursuant to these Rules (including
any dispute as to the validity, interpretation, enforceability or scope of
these Rules or this paragraph), that cannot be settled through direct
discussions, will be referred to mediation administered by JAMS before
resorting to arbitration. Thereafter, any such unresolved controversy or
claim (whether in contract or tort, pursuant to constitution, statute or
regulation or in equity or otherwise) will be resolved by binding arbitration
in Los Angeles, California, administered by JAMS in accordance with its
Arbitration Rules and Procedures. The parties will make a good faith
effort to select a mutually agreeable arbitrator. If the parties are unable to
reach agreement on an arbitrator, one will be selected in accordance with
the rules of JAMS. The arbitrator will apply applicable substantive law
consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and not any
state law concerning arbitration. The remedy provided by this binding
arbitration provision is final and exclusive. The prevailing party in such
arbitration may file an action in court to confirm and to enforce the
arbitration award. Any such action will be instituted in a state or federal
court in Los Angeles County, California, and all parties agree, as a
condition to participation in the rating process, to submit to the personal
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jurisdiction of those courts. Should either party pursue any other judicial
or administrative action with respect to any matter included within the
scope of this binding arbitration provision, the responding party will be
entitled to recover its costs, expenses and attorneys' fees incurred as a
result of such action, regardless of the outcome of that other action.
C. Proposals to revise these Rules must be made to the CEO of the MPA
and the President of NATO. Any participant in the rating system or
member of the public may make such proposals. The CEO of the MPA
and the President of NATO may make such revisions to these Rules as
they jointly agree are appropriate and may provide guidance on the
interpretation of these Rules.
D. The CEO of the MPA and President of NATO will confer at least twice
yearly to discuss these Rules and the operation of CARA and the Appeals
Board. The CEO of the MPA or the President of NATO may invite other
MPA and NATO representatives to join those discussions. Additional
conferences may be held as necessary.