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The Motion Picture Production Code of 1930 (Hays Code)
If motion pictures present stories that
will affect lives for the better, they can become the most powerful force
for the improvement of mankind
A Code to Govern the Making
of Talking, Synchronized and Silent Motion Pictures. Formulated and formally
adopted by The Association of Motion Picture Producers, Inc. and The Motion
Picture Producers and Distributors of America, Inc. in March 1930.
Motion picture producers
recognize the high trust and confidence which have been placed in them by
the people of the world and which have made motion pictures a universal form
of entertainment.
They recognize their
responsibility to the public because of this trust and because entertainment
and art are important influences in the life of a nation.
Hence, though regarding
motion pictures primarily as entertainment without any explicit purpose of
teaching or propaganda, they know that the motion picture within its own
field of entertainment may be directly responsible for spiritual or moral
progress, for higher types of social life, and for much correct thinking.
During the rapid transition
from silent to talking pictures they have realized the necessity and the
opportunity of subscribing to a Code to govern the production of talking
pictures and of re-acknowledging this responsibility.
On their part, they ask from
the public and from public leaders a sympathetic understanding of their
purposes and problems and a spirit of cooperation that will allow them the
freedom and opportunity necessary to bring the motion picture to a still
higher level of wholesome entertainment for all the people.
General Principles
1. No picture shall be
produced that will lower the moral standards of those who see it. Hence the
sympathy of the audience should never be thrown to the side of crime,
wrongdoing, evil or sin.
2. Correct standards of life,
subject only to the requirements of drama and entertainment, shall be
presented.
3. Law, natural or human,
shall not be ridiculed, nor shall sympathy be created for its violation.
Particular Applications
I. Crimes Against the Law
These shall never be
presented in such a way as to throw sympathy with the crime as against law
and justice or to inspire others with a desire for imitation.
1. Murder
a. The technique of murder
must be presented in a way that will not inspire imitation.
b. Brutal killings are not
to be presented in detail.
c. Revenge in modern times
shall not be justified.
2. Methods of Crime should
not be explicitly presented.
a. Theft, robbery,
safe-cracking, and dynamiting of trains, mines, buildings, etc., should not
be detailed in method.
b. Arson must subject to
the same safeguards.
c. The use of firearms
should be restricted to the essentials.
d. Methods of smuggling
should not be presented.
3. Illegal drug traffic must
never be presented.
4. The use of liquor in
American life, when not required by the plot or for proper characterization,
will not be shown.
II. Sex
The sanctity of the
institution of marriage and the home shall be upheld. Pictures shall not
infer that low forms of sex relationship are the accepted or common thing.
1. Adultery, sometimes
necessary plot material, must not be explicitly treated, or justified, or
presented attractively.
2. Scenes of Passion
a. They should not be
introduced when not essential to the plot.
b. Excessive and lustful
kissing, lustful embraces, suggestive postures and gestures, are not to be
shown.
c. In general passion
should so be treated that these scenes do not stimulate the lower and baser
element.
3. Seduction or Rape
a. They should never be
more than suggested, and only when essential for the plot, and even then
never shown by explicit method.
b. They are never the
proper subject for comedy.
4. Sex perversion or any
inference to it is forbidden.
5. White slavery shall not be
treated.
6. Miscegenation (sex
relationships between the white and black races) is forbidden.
7. Sex hygiene and venereal
diseases are not subjects for motion pictures.
8. Scenes of actual child
birth, in fact or in silhouette, are never to be presented.
9. Children's sex organs are
never to be exposed.
III. Vulgarity
The treatment of low,
disgusting, unpleasant, though not necessarily evil, subjects should always
be subject to the dictates of good taste and a regard for the sensibilities
of the audience.
IV. Obscenity
Obscenity in word, gesture,
reference, song, joke, or by suggestion (even when likely to be understood
only by part of the audience) is forbidden.
V. Profanity
Pointed profanity (this
includes the words, God, Lord, Jesus, Christ - unless used reverently -
Hell, S.O.B., damn, Gawd), or every other profane or vulgar expression
however used, is forbidden.
VI. Costume
1. Complete nudity is never
permitted. This includes nudity in fact or in silhouette, or any lecherous
or licentious notice thereof by other characters in the picture.
2. Undressing scenes should
be avoided, and never used save where essential to the plot.
3. Indecent or undue exposure
is forbidden.
4. Dancing or costumes
intended to permit undue exposure or indecent movements in the dance are
forbidden.
VII. Dances
1. Dances suggesting or
representing sexual actions or indecent passions are forbidden.
2. Dances which emphasize
indecent movements are to be regarded as obscene.
VIII. Religion
1. No film or episode may
throw ridicule on any religious faith.
2. Ministers of religion in
their character as ministers of religion should not be used as comic
characters or as villains.
3. Ceremonies of any definite
religion should be carefully and respectfully handled.
IX. Locations
The treatment of bedrooms
must be governed by good taste and delicacy.
X. National Feelings
1. The use of the Flag shall
be consistently respectful.
2. The history, institutions,
prominent people and citizenry of other nations shall be represented fairly.
XI. Titles
Salacious, indecent, or
obscene titles shall not be used.
XII. Repellent Subjects
The following subjects must
be treated within the careful limits of good taste:
1. Actual hangings or
electrocutions as legal punishments for crime.
2. Third degree methods.
3. Brutality and possible gruesomeness.
4. Branding of people or animals.
5. Apparent cruelty to children or animals.
6. The sale of women, or a woman selling her virtue.
7. Surgical operations.
Reasons Supporting the
Preamble of the Code
I. Theatrical motion
pictures, that is, pictures intended for the theatre as distinct from
pictures intended for churches, schools, lecture halls, educational
movements, social reform movements, etc., are primarily to be regarded as
ENTERTAINMENT.
Mankind has always recognized
the importance of entertainment and its value in rebuilding the bodies and
souls of human beings.
But it has always recognized
that entertainment can be a character either HELPFUL or HARMFUL to the human
race, and in consequence has clearly distinguished between:
a. Entertainment which tends
to improve the race, or at least to re-create and rebuild human beings
exhausted with the realities of life; and
b. Entertainment which tends
to degrade human beings, or to lower their standards of life and living.
Hence the MORAL IMPORTANCE of
entertainment is something which has been universally recognized. It enters
intimately into the lives of men and women and affects them closely; it
occupies their minds and affections during leisure hours; and ultimately
touches the whole of their lives. A man may be judged by his standard of
entertainment as easily as by the standard of his work.
So correct entertainment
raises the whole standard of a nation.
Wrong entertainment lowers
the whole living conditions and moral ideals of a race.
Note, for example, the
healthy reactions to healthful sports, like baseball, golf; the unhealthy
reactions to sports like cockfighting, bullfighting, bear baiting, etc.
Note, too, the effect on
ancient nations of gladiatorial combats, the obscene plays of Roman times,
etc.
II. Motion pictures are
very important as ART.
Though a new art, possibly a
combination art, it has the same object as the other arts, the presentation
of human thought, emotion, and experience, in terms of an appeal to the soul
through the senses.
Here, as in entertainment,
Art enters intimately into
the lives of human beings.
Art can be morally good,
lifting men to higher levels. This has been done through good music, great
painting, authentic fiction, poetry, drama.
Art can be morally evil it
its effects. This is the case clearly enough with unclean art, indecent
books, suggestive drama. The effect on the lives of men and women are
obvious.
Note: It has often been
argued that art itself is unmoral, neither good nor bad. This is true of the
THING which is music, painting, poetry, etc. But the THING is the PRODUCT of
some person's mind, and the intention of that mind was either good or bad
morally when it produced the thing. Besides, the thing has its EFFECT upon
those who come into contact with it. In both these ways, that is, as a
product of a mind and as the cause of definite effects, it has a deep moral
significance and unmistakable moral quality.
Hence: The motion pictures,
which are the most popular of modern arts for the masses, have their moral
quality from the intention of the minds which produce them and from their
effects on the moral lives and reactions of their audiences. This gives them
a most important morality.
1. They reproduce the
morality of the men who use the pictures as a medium for the expression of
their ideas and ideals.
2. They affect the moral
standards of those who, through the screen, take in these ideas and ideals.
In the case of motion
pictures, the effect may be particularly emphasized because no art has so
quick and so widespread an appeal to the masses. It has become in an
incredibly short period the art of the multitudes.
III. The motion picture,
because of its importance as entertainment and because of the trust placed
in it by the peoples of the world, has special MORAL OBLIGATIONS:
A. Most arts appeal to the
mature. This art appeals at once to every class, mature, immature,
developed, undeveloped, law abiding, criminal. Music has its grades for
different classes; so has literature and drama. This art of the motion
picture, combining as it does the two fundamental appeals of looking at a
picture and listening to a story, at once reaches every class of society.
B. By reason of the mobility
of film and the ease of picture distribution, and because the possibility of
duplicating positives in large quantities, this art reaches places
unpenetrated by other forms of art.
C. Because of these two
facts, it is difficult to produce films intended for only certain classes of
people. The exhibitors' theatres are built for the masses, for the
cultivated and the rude, the mature and the immature, the self-respecting
and the criminal. Films, unlike books and music, can with difficulty be
confined to certain selected groups.
D. The latitude given to film
material cannot, in consequence, be as wide as the latitude given to book
material. In addition:
a. A book describes; a film
vividly presents. One presents on a cold page; the other by apparently
living people.
b. A book reaches the mind
through words merely; a film reaches the eyes and ears through the
reproduction of actual events.
c. The reaction of a reader
to a book depends largely on the keenness of the reader's imagination; the
reaction to a film depends on the vividness of presentation.
Hence many things which might
be described or suggested in a book could not possibly be presented in a
film.
E. This is also true when
comparing the film with the newspaper.
a. Newspapers present by
description, films by actual presentation.
b. Newspapers are after the
fact and present things as having taken place; the film gives the events in
the process of enactment and with apparent reality of life.
F. Everything possible in a
play is not possible in a film:
a. Because of the larger
audience of the film, and its consequential mixed character.
Psychologically, the larger the audience, the lower the moral mass
resistance to suggestion.
b. Because through light,
enlargement of character, presentation, scenic emphasis, etc., the screen
story is brought closer to the audience than the play.
c. The enthusiasm for and
interest in the film actors and actresses, developed beyond anything of the
sort in history, makes the audience largely sympathetic toward the
characters they portray and the stories in which they figure. Hence the
audience is more ready to confuse actor and actress and the characters they
portray, and it is most receptive of the emotions and ideals presented by
the favorite stars.
G. Small communities, remote
from sophistication and from the hardening process which often takes place
in the ethical and moral standards of larger cities, are easily and readily
reached by any sort of film.
H. The grandeur of mass
settings, large action, spectacular features, etc., affects and arouses more
intensely the emotional side of the audience.
In general, the mobility,
popularity, accessibility, emotional appeal, vividness, straightforward
presentation of fact in the film make for more intimate contact with a
larger audience and for greater emotional appeal.
Hence the larger moral
responsibilities of the motion pictures.
Reasons Underlying the
General Principles
I. No picture shall be
produced which will lower the moral standards of those who see it. Hence
the sympathy of the audience should never be thrown to the side of crime,
wrong-doing, evil or sin.
This is done:
1. When evil is made to
appear attractive and alluring, and good is made to appear unattractive.
2. When the sympathy of the
audience is thrown on the side of crime, wrongdoing, evil, sin. The same is
true of a film that would thrown sympathy against goodness, honor,
innocence, purity or honesty.
Note: Sympathy with a person
who sins is not the same as sympathy with the sin or crime of which he is
guilty. We may feel sorry for the plight of the murderer or even understand
the circumstances which led him to his crime: we may not feel sympathy with
the wrong which he has done. The presentation of evil is often essential for
art or fiction or drama. This in itself is not wrong provided:
a. That evil is not
presented alluringly. Even if later in the film the evil is condemned or
punished, it must not be allowed to appear so attractive that the audience's
emotions are drawn to desire or approve so strongly that later the
condemnation is forgotten and only the apparent joy of sin is remembered.
b. That throughout, the
audience feels sure that evil is wrong and good is right.
II. Correct standards of
life shall, as far as possible, be presented.
A wide knowledge of life and
of living is made possible through the film. When right standards are
consistently presented, the motion picture exercises the most powerful
influences. It builds character, develops right ideals, inculcates correct
principles, and all this in attractive story form.
If motion pictures
consistently hold up for admiration high types of characters and present
stories that will affect lives for the better, they can become the most
powerful force for the improvement of mankind.
III. Law, natural or
human, shall not be ridiculed, nor shall sympathy be created for its
violation.
By natural law is understood
the law which is written in the hearts of all mankind, the greater
underlying principles of right and justice dictated by conscience.
By human law is understood
the law written by civilized nations.
1. The presentation of crimes
against the law is often necessary for the carrying out of the plot. But the
presentation must not throw sympathy with the crime as against the law nor
with the criminal as against those who punish him.
2. The courts of the land
should not be presented as unjust. This does not mean that a single court
may not be presented as unjust, much less that a single court official must
not be presented this way. But the court system of the country must not
suffer as a result of this presentation.
Reasons Underlying the
Particular Applications
I. Sin and evil enter into
the story of human beings and hence in themselves are valid dramatic
material.
II. In the use of this
material, it must be distinguished between sin which repels by it very
nature, and sins which often attract.
a. In the first class come
murder, most theft, many legal crimes, lying, hypocrisy, cruelty, etc.
b. In the second class come
sex sins, sins and crimes of apparent heroism, such as banditry, daring
thefts, leadership in evil, organized crime, revenge, etc.
The first class needs less
care in treatment, as sins and crimes of this class are naturally
unattractive. The audience instinctively condemns all such and is repelled.
Hence the important objective
must be to avoid the hardening of the audience, especially of those who are
young and impressionable, to the thought and fact of crime. People can
become accustomed even to murder, cruelty, brutality, and repellent crimes,
if these are too frequently repeated.
The second class needs great
care in handling, as the response of human nature to their appeal is
obvious. This is treated more fully below.
III. A careful distinction
can be made between films intended for general distribution, and films
intended for use in theatres restricted to a limited audience. Themes
and plots quite appropriate for the latter would be altogether out of place
and dangerous in the former.
Note: The practice of using a
general theatre and limiting its patronage to "Adults Only" is not
completely satisfactory and is only partially effective.
However, maturer minds may
easily understand and accept without harm subject matter in plots which do
younger people positive harm.
Hence: If there should be
created a special type of theatre, catering exclusively to an adult
audience, for plays of this character (plays with problem themes, difficult
discussions and maturer treatment) it would seem to afford an outlet, which
does not now exist, for pictures unsuitable for general distribution but
permissible for exhibitions to a restricted audience.
I. Crimes Against the Law
The treatment of crimes against the law must not:
1. Teach methods of crime.
2. Inspire potential criminals with a desire for imitation.
3. Make criminals seem heroic and justified.
Revenge in modern times shall
not be justified. In lands and ages of less developed civilization and moral
principles, revenge may sometimes be presented. This would be the case
especially in places where no law exists to cover the crime because of which
revenge is committed.
Because of its evil
consequences, the drug traffic should not be presented in any form. The
existence of the trade should not be brought to the attention of audiences.
The use of liquor should
never be excessively presented. In scenes from American life, the
necessities of plot and proper characterization alone justify its use. And
in this case, it should be shown with moderation.
II. Sex
Out of a regard for the sanctity of marriage and the home, the triangle,
that is, the love of a third party for one already married, needs careful
handling. The treatment should not throw sympathy against marriage as an
institution.
Scenes of passion must be
treated with an honest acknowledgement of human nature and its normal
reactions. Many scenes cannot be presented without arousing dangerous
emotions on the part of the immature, the young or the criminal classes.
Even within the limits of
pure love, certain facts have been universally regarded by lawmakers as
outside the limits of safe presentation.
In the case of impure love,
the love which society has always regarded as wrong and which has been
banned by divine law, the following are important:
1. Impure love must not be
presented as attractive and beautiful.
2. It must not be the subject
of comedy or farce, or treated as material for laughter.
3. It must not be presented
in such a way to arouse passion or morbid curiosity on the part of the
audience.
4. It must not be made to
seem right and permissible.
5. It general, it must not be
detailed in method and manner.
III. Vulgarity; IV.
Obscenity; V. Profanity; hardly need further explanation than is
contained in the Code.
VI. Costume
General Principles:
1. The effect of nudity or
semi-nudity upon the normal man or woman, and much more upon the young and
upon immature persons, has been honestly recognized by all lawmakers and
moralists.
2. Hence the fact that the
nude or semi-nude body may be beautiful does not make its use in the films
moral. For, in addition to its beauty, the effect of the nude or semi-nude
body on the normal individual must be taken into consideration.
3. Nudity or semi-nudity used
simply to put a "punch" into a picture comes under the head of immoral
actions. It is immoral in its effect on the average audience.
4. Nudity can never be
permitted as being necessary for the plot. Semi-nudity must not result in
undue or indecent exposures.
5. Transparent or translucent
materials and silhouette are frequently more suggestive than actual
exposure.
VII. Dances
Dancing in general is recognized as an art and as a beautiful form of
expressing human emotions.
But dances which suggest or
represent sexual actions, whether performed solo or with two or more; dances
intended to excite the emotional reaction of an audience; dances with
movement of the breasts, excessive body movements while the feet are
stationary, violate decency and are wrong.
VIII. Religion
The reason why ministers of religion may not be comic characters or villains
is simply because the attitude taken toward them may easily become the
attitude taken toward religion in general. Religion is lowered in the minds
of the audience because of the lowering of the audience's respect for a
minister.
IX. Locations
Certain places are so closely and thoroughly associated with sexual life or
with sexual sin that their use must be carefully limited.
X. National Feelings
The just rights, history, and feelings of any nation are entitled to most
careful consideration and respectful treatment.
XI. Titles
As the title of a picture is the brand on that particular type of goods, it
must conform to the ethical practices of all such honest business.
XII. Repellent Subjects
Such subjects are occasionally necessary for the plot. Their treatment must
never offend good taste nor injure the sensibilities of an audience.
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