The Last Gasp of Outrage?
Paddie Collyer
Up until the last quarter of the twentieth century, film censorship
operated at an intersection of interests: the film industry, national
government, local government, the press and public opinion.
National government provided the necessary legislation, while local
government licensing departments, guided by British Board of Film
Censorship/Classification (BBFC) certificates, interpreted the law
according to local circumstances by granting exhibition licences to
cinemas while also applying local censorship/classification as they
deemed appropriate. The press, both national and local, formed part
of the matrix, acting as the voice of public opinion, or so they claimed.
The effect of certain press campaigns, usually expressing outrage at
allegedly over-liberal censorship decisions made by the BBFC, did
not always bring about the desired results, namely to bring the Board
to heel and remove some of its powers. Gradually, as the result of
legislative changes, the British Board of Film Classification became
more autonomous and grew to almost monolithic proportions, in spite
of pressure from certain newspapers. Its consistent resistance to these
pressures during the rule of James Ferman as Director strengthened its
position. Notable cases1 towards the end of the century were The Last
Temptation of Christ (1988), Natural Born Killers (1994), Michael Collins
(1996)2 and David Cronenberg’s Crash (1996), which last is the subject
of this paper.
The press campaign against Crash in 1996 was unusual because it
represented a campaign waged by only two newspapers, the Evening
Standard and the Daily Mail (both owned by Associated Newspapers).
And although there have been a few more recent campaigns of a lesser
nature, it is also, to date, the last of its kind. The campaign bears closer
examination, particularly with regard to the way in which it was used
politically by the two papers, and the way in which the Board reacted
to it. Petley (1997b), Kermode and Petley (1997), Kuhn (1999) and
Barker et al. (2001) have all discussed the newspaper campaign and
the political manoeuvring which characterised the pre-classification
period (which coincided with the final months before the General
Election of 1997) but no one has given an insight into the events which
took place at the BBFC itself as it prepared to deal with the certification
of the film. The following narrative attempts to fill that gap.
The campaign by the Mail and Standard clearly had two aims (apart,
of course, from the banning of Crash itself). First, it was intended to
bring about the clipping of the wings of the BBFC. And second, it
aimed to turn Crash into a weapon in its pro-Tory propaganda war
in the run-up to the 1997 general election. The year 1996 was that
during which the ‘family values’ famously advocated by the then Prime
Minister, John Major, had been thrown into disarray by revelations
of the extra-marital affairs of certain senior Tories. In the hands
of the Mail and Standard the film became a means of reasserting
the precarious ‘family values’ seen to be slipping away from the
government in this crucial pre-election period.
What excited attention in the first place was an article written in
the Evening Standard, 3 June 1996, by its film critic Alexander Walker
who had seen the film at Cannes (where it had been awarded the
Grand Jury Prize) and described it as ‘beyond the bounds of depravity’.
Derek Malcolm had in fact reviewed the film two weeks earlier in the
Guardian on 18 May, the day after the screening, but had not been
particularly excited by it. The film follows the experiences of a group
of people seeking sexual satisfaction through the excitement that neardeath
events bring them, predominantly by involving themselves in
real or simulated car crashes. It is unclear quite why Walker decided to
wait for two weeks to give his own derogatory account but the ensuing
controversy may have had an adverse effect on distributors because
none adopted the film until Columbia Tri-Star decided to do so some
months later. As a result of the articles appearing in the Mail and
Standard in the wake of Walker’s diatribe, Julian Petley wrote to the
Press Complaints Commission on 13 June complaining about their
numerous inaccuracies (BBFC file on Crash). This was the first recorded
accusation that there was a concerted campaign by both newspapers
against the film.
By early October the BBFC had the film in its possession and it was
viewed first by three examiners and the Director, James Ferman; a few
days later it was viewed by the Deputy Director, Margaret Ford and
another senior examiner. On 17 October the President of the Board,
Lord Harewood, and a second examining team viewed the film. While
this close examination of the film was taking place, the Board had
other preoccupations. Michael Howard, the then Home Secretary, had
demanded that the Board submit a report on screen violence to the
Home Office by 6 December. In the light of the political attention now
turned on the Board, Ferman decided to delay release of the film.3
On 9 November 1996 the film was screened at the London Film
Festival under a special licence granted by Westminster City Council.
Reports in the Mail on the day of the screening quoted Heritage
Secretary Virginia Bottomley, who had not seen the film, as saying
that it should be banned and that no local authority should allow it
to be screened. The same day’s Telegraph also reported her comments
and an additional article by Nigel Reynolds also called for a ban. The
Crash issue was thus rapidly becoming a political one, and the Mail in
particular did its usual best to equate the Conservatives with morality
and Labour with immorality.
The process of classification at the BBFC
Westminster City Council instructed its solicitor to send a letter to
the Board (BBFC file on Crash, 21 November 1996) stating that it
had serious concerns with the content. These involved three scenes
in the film: the first included the line that ‘car crashes are fertilising
and not destructive’, the second was a sex scene involving a woman
wearing callipers, and the third was the final, post-crash sex scene. The
council’s licensing sub-committee was reluctant to allow the showing of
the film while those scenes were included and had made a decision
to prohibit it in Westminster. The council appealed to the BBFC
to consider the three scenes in question. Attached to the solicitor’s
letter was a full report from the sub-committee. This stated that,
under normal licensing conditions, a film may not encourage or incite
crime, lead to disorder, stir up hatred, promote sexual humiliation
or degradation, deprave or corrupt, or be grossly indecent and so
outrage standards of public decency. The report also noted that the
film had provoked controversy and considerable media coverage, and
that a number of complaints (unspecified) had been received from the
general public.
James Robertson4 records that, from his research into the personal
papers of James Ferman, the decision had already been made to allow
the film’s release, uncut with an 18 certificate, at the time of the
London Film Festival screening. However, Ferman announced to the
Independent on Sunday, 10 November, that, in all, 22 examiners would
see the film, implying that a decision on classification had not yet been
taken. From 11 to 13 December the remaining twelve examiners who
had not seen the film filed their reports.
The examiners’ reports
The examiners were obviously aware of the controversy surrounding
the film, in particular the reactions to it by the Mail, Standard and
Westminster City Council. It was presumably because of this furore
that the film was screened before so many examiners (normally a film
would be examined by two). There follows a representative selection of
examiners’ comments (all of which can be found in the BBFC file on
Crash). It is worth pointing out that many of the comments made were
similar to one another.
The feelings which pervade most of the reports were summed up
clearly by one examiner who stated:
Assuming that the vast majority of adults are sufficiently charged with
a measure of intelligence, I cannot see that this film should give
us any cause for concern. Its world and the individuals occupying it
are too far removed from everyday experience for anyone to find a
real identification . . . hence I cannot see a sudden deluge of kamikaze
motorists taking to the road as a result of having seen it – human nature
does not operate as simply as that.
Several other examiners concurred, one noting that ‘I cannot believe
that it has any capacity to harm, although it will certainly repel some
viewers’ and another that ‘it will revolt, sadden, depress and probably
exhilarate but I do not think it will corrupt’.
Another examiner argued that the cuts demanded by the council
were ‘ludicrous’. More specifically, they pointed out that the line about
car crashes being fertilising ‘is one of the few lines which makes some
of the ideas of the piece transparent and cutting it would simply excise
one of the film’s raison d’etre, and its cultural hypothesis’. To cut the
sex scene with the woman in callipers would, in their view, damage
the ‘serious treatment of a provocative theme. To cut here would
emasculate this theme and ironically make it safer for those interested
in risk behaviour. For most people this will be a shocking concept, but
the viewer has been following the path of perversion throughout and
needs to be taken to this conclusion.’ Referring to the final scene, which
some had accused of having necrophile overtones, the examiner states
that the objection to it ‘rests on a misunderstanding of the ending – she
[Catherine] is not hurt and wishes she was. Sex here is an affirmation of
life as well as a reaction to the kick of trauma.’ The reaction of another
examiner to Westminster’s demands was: ‘Why not cut sex scenes with
anyone who is not of Aryan beauty, the cutting of a line of dialogue is
purely the censorship of ideas and the woman ain’t dead at the end.’
A further examiner commented:
It’s distant, detached, hypnotic in its rhythms and clinically observant.
It’s dark, slow moving, repetitive, narratively thin. James Spader
occupies iconic role of the impotent voyeur as in Sex, Lies and
Videotape . . . Look further and you discover endless meanings about
identity and sexuality, grazing theories about the symbolic and the
construction of the monstrous feminine, about the consumer culture
of personal development that finds its most extreme manifestations
in body modification, about the boredom of the twentieth century.
Such richness of meaning makes it unthinkable that we don’t pass this
film . . . Controversy has taken film away from art house audience into the
wider domain . . . one reason the film becomes more difficult to defend,
not because it is intrinsically obscene, but because it is complex and
difficult to summarise in a defence to counter the sound bites of the
moral outrage generated by the central theme of perversion . . . Anyone
looking for easy pleasure and explicit thrills will be sorely disappointed:
the most common reaction will be that of the vast majority of examiners
– that it is boring and cold.
And indeed, some of the negative audience reactions discussed
in Barker et al. (2001) do suggest that these stem precisely from
disappointment at not being presented with the orgy of ‘sex ‘n’ wrecks’
which the more lurid reporting of the film seemed to promise.
Yet another examiner discussed their own experience of a car crash
and the fact that they found that they had to keep going back to the
scene of the crash in order to exorcise the experience in some way:
Crash is an intelligent film which encourages us to understand
ourselves better. Surely this is the ultimate purpose of art. The current
controversy . . . is in my view based on political opportunism of a few
journalists and politicians and is unrelated to the film itself.
However, the examiner whose judgement was to be proved the most
premonitory and percipient was the one who observed that:
It will be interesting to see what happens when the film is finally given its
certificate. What this feature will undoubtedly do is create an enormous
storm of protest most of which will be directed at us. I hope we are well
prepared and ready to dig in for a very long night.
As the controversy in the press continued, Ferman still delayed his
decision to certificate the film. He now sought advice from a range of
specialists in order to be seen to be making an informed decision. What
follows are extracts from the reports commissioned from the clinical
psychiatrist Dr Paul Britton (who was also a consultant in forensic
psychology), a QC and a group of disabled media specialists and
broadcasters. Ferman wished to place the psychiatrist’s report before
John Nutty QC to inform his decision but Britton went away on holiday
and the report was not forthcoming until mid-February.5
The clinical psychiatrist’s report
Britton, who had viewed the film on 23 January 1997, made no attempt
to analyse it, restricting his comments to observations and remarks
of a fairly straightforward nature. In his report (in the BBFC file
on Crash) he attempted to provide psychoanalytical comments, but
in doing so removed the depictions he described from any narrative
context. His somewhat detached report focused primarily on fetishism
and sado-masochism, finding at its conclusion that neither was actually
represented in Cronenberg’s film. Nor did he find that the film was
conveying sexual depravity, one of the major concerns of Westminster
City Council and of Walker’s original article in the Standard. Indeed,
he found that there was no desire and no passion portrayed by the
characters. This reaction actually chimed with that of Jean Baudrillard
(1994: 119) who, when commenting on J. G. Ballard’s book on which
the film was based, refers to a chromatic world and a metallic intensity
devoid of sensuality. And doubtless one of the most problematic
aspects of the film (like the book) is for many that it does indeed
offer no judgement and leaves the audience/reader to draw their own
conclusions, a point stressed by some of the examiners at the Board, as
noted above.
Commenting on film-making techniques, he stated that there was
‘high impact due to close-ups – tends to make viewers participants
rather than observers’, and then went on to discuss the possible effects
on the audience:
Effect on psychologically mature and intact adults is likely to vary from
disquiet, to reflection to sexual stimulation depending on the particular
moment in the film. This is likely to be accompanied by feelings of
distaste for many. They will realise that the disabled are positively
represented and compare this with the corresponding lack of emotion
in the main characters. They will either be angered or passive about this.
The impact of moral vacuum of the main characters could affect viewers
whose own moral/philosophical systems have not yet matured – might
experience disquiet, reflection and sexual stimulation. It would have
been unusual for this group to be affected significantly.
He continued:
An audience of generally antisocial persons already disposed to
vandalism will also experience disquiet, sexual stimulation and
reflection. They are likely to read a general anti-authority ‘natural man
against the community’ message into the film because that interpretation
will fit their pre-existing value system. It may enhance any distortion. No
reason to expect the film to introduce distortion. In this small group
of psychologically vulnerable deviant or disturbed people effects would
be long lasting but not necessarily seen as overt behaviour but would
certainly have internal, psychological consequences. Some members
of this group could be expected to identify so strongly with these
leading characters as to attempt to model important aspects of their
own future behaviour upon them, a much larger proportion of this
group would not necessarily be inclined to do so, but would nevertheless
have their self image, personal value systems and ways of anticipating
normal interpersonal behaviour in the direction of incorporating those
modelled.
A further inevitable consequence for this group would be that from
time to time someone would wish to attribute causal significance to the
film for the antisocial behaviour of themselves or of others, when in fact
the behaviour in question would have occurred anyway. (Ibid.)
Interestingly, the audience research on Crash conducted by Barker
et al. (2001) confirms the first part of the psychiatrist’s predictions.
They found a large number of respondents were ‘unsettled’ by the
film and that even if they found it to be ‘sexually arousing’, this
‘double reaction’ posed a problem for audience analysis because
there existed no tools for evaluating it. This, they argued, revealed
a significant gap in their research, and indeed in audience research in
general.
Britton’s views were to become the subject of comment in the
Daily Mail when he complained to the newspaper that Ferman had
misrepresented them in the BBFC press release issued at the time of
the film’s eventual certification. However, comparison of his comments
above with those quoted in the press release of 18 March 2007 show
no discrepancies, with the exception of his reference to ‘anti-social’
people. On 23 March, Britton was quoted by the Mail as stating that
the film was wall-to-wall pornography and should never have been
released. Ferman later wrote to Britton in order to clarify the latter’s
views in the light of these apparent discrepancies, but Britton did not
reply in writing.
Because Walker had made accusations of depravity through the
pages of the Evening Standard, and even though these were not
supported by Britton’s report, Ferman decided to consult a QC over
whether the film could be subject to prosecution under the Obscene
Publications Act 1959. This action emphasises the role played by the
BBFC in defending members of the film industry from prosecution, a
role which Ferman took extremely seriously. The Board itself could also
become extremely vulnerable should a film which it had certificated be
prosecuted, particularly if, as in this case, the Board, as well as the film,
had been under attack by the press. Ferman announced his intentions
to the weekly meeting on 18 December. During the following week the
QC viewed the film and submitted his findings.
John Nutty QC’s report
In his report, Nutty found that the film did not romanticise, glamorise
or encourage sexual deviancy and did not encourage the activity. For
him it examined the subject clinically and intensely, but the film did
not engage the audience emotionally or intellectually. He quoted the
comments of one examiner who said that the director regards the
human body not as a sacrosanct container for the human spirit but
as the site of an infinite number of experiments in which the corporeal
frame might be invaded, penetrated or rearranged and the effect on
the individual is noted with clinical detachment (BBFC file on Crash).
Nutty felt that there were many films more violent which had not
attracted attention and noted that there was no violent sex in the
film, only lustful sex. In a section concerned with the law he explored
the Obscene Publications Act of 1959 and cited many cases with
which Crash could be compared. Noting that the words ‘deprave and
corrupt’ in the Act were problematic and made it difficult to apply, he
pointed out that no definition of this phrase had ever been offered by
Parliament, and that no guidelines on this matter were available. In his
view, the film was on the borderline of obscenity because it dealt with
‘depraved sexual perversion’, but Nutty concluded that the Director of
Public Prosecutions would not prosecute the film-makers.
The final decision
The examiners’ reports, and the conclusions reached by Britton and
Nutty, gave Ferman the general picture which he was seeking before
issuing the film uncut with an 18 certificate. He had also investigated
the views of a potentially vulnerable audience, namely the disabled,
with the help of Paul Darke, a disabled media specialist. Dark showed
the film to a disabled audience who, although they did not like it, did
not feel that it should be banned.
Ferman’s press release of 18 March announcing the film’s
classification was published on the same day that John Major dissolved
Parliament in preparation for a general election on 1 May. It was of
course greeted by another tirade from the Mail and the Standard which
included personal attacks on Ferman and his staff. At the same time
Westminster City Council announced that it would ban the film in the
borough’s cinemas.
Epilogue
The film was released in June 1997, just after New Labour’s landslide
victory the previous month, and the Mail and Standard campaign
gradually died down. To coincide with the release of the film, Sight and
Sound ran an article detailing the history of the campaign (Kermode
and Petley (1997)). In August, the magazine published an extensive
letter of complaint about the article from Walker in which, however, he
signally failed to identify any inaccuracies in it. He did, however point
out that Sight and Sound was not exactly a disinterested party in this
affair as it was published by the BFI whose chairman Jeremy Thomas
was the executive producer of Crash. He could also have noted, but
didn’t, that the London Film Festival, at which the hated Crash had
been screened, was sponsored by the Standard. In the September issue
Kermode replied (briefly) and Petley (at some length), and the latter
also wrote a piece in the British Journalism Review (1997b) in which
he gave a critical account of how his complaints about the Associated
articles had been dealt with by the Press Complaints Commission.
Walker in turn replied in the following issue (1998). And there, finally,
the matter rested, the eventual release of the film on video and DVD
eliciting no negative comment.
Since James Ferman’s retirement and, sadly, his death, much has
changed at the Board. During his time as Director, the Board had
grown in strength and, in spite of all the press attacks, including
the final massive campaign conducted by Associated Newspapers,
legislation served only to strengthen the Board’s powers and not to
weaken them. Commenting on my doctoral thesis on the BBFC, Craig
Lapper, then Head of Policy at the Board, stated: 6
We would like to think that the BBFC’s published guidelines protect us
now from the occasional silly accusations that have arisen in the past.
These allow us to demonstrate clearly that a decision has been made
according to standards set by the public themselves (and the law), rather
than as a result of bowing to commercial, media or political interests.
(2004)
On the five years from 1999 to 2004 he observed:
Controversy about the Board’s work – and about individual films – has
died away to a large extent. Certainly, we have received no concerted
attacks of the sort endured by Mr Ferman in his final years. Partly this is
because we now have published – and more importantly, publicly tested,
guidelines. But it seems also that the public are generally more sceptical
and phlegmatic now about the latest ‘controversy’ to hit the screens.
Perhaps people are becoming more literate about the hidden media
agendas and are inclined to take scare stories about films with a pinch
of salt. (Ibid.)
Certainly the Mail and Standard seem to have learned a lesson from
the Crash affair, in which they found themselves unusually isolated.
However, newspapers have discovered new targets in the shape of the
Internet and video games, as well as rediscovering old ones such as the
DVD of S.S. Experiment Camp (1976), so it may be that the last gasp of
outrage is still to be uttered.
Notes
1. The classification of all of these films is dealt with in depth in my PhD thesis
The Impact of National and Local Forces on the Development of the British Board of Film
Censors/Classification.
2. For more on the attempted censorship of this film see Greenslade (2000).
3. James C. Robertson generously allowed me access to a section of his monograph
(unpublished at the time of writing) on James Ferman, based on Ferman’s personal
papers.
4. Ibid.
5. Ibid.
6. Craig Lapper, e-mail to the author, May 2004, in response to her PhD research on
the BBFC.
References
Barker, Martin, Arthurs, Jane and Harindranath, Ramaswami (2001), The Crash
Controversy: Censorship Campaigns and Film Reception, London: Wallflower Press.
Baudrillard, Jean (1994), Simulacra and Simulation, Ann Arbor, MI: University of
Michigan Press.
Greenslade, Roy (2000), ‘Editors as censors: the British press and films about Ireland’,
Journal of Popular British Cinema, 3, pp. 77–92.
Kermode, Mark (1997), ‘ “Crash’’ course 1’, Sight and Sound, September, p. 84.
Kermode, Mark and Petley, Julian (1997), ‘Road rage’, Sight and Sound, June, pp. 16–18.
Kuhn, Annette (1999) ‘Crash and film censorship in the UK’, Screen, 40: 4, pp. 446–50.
Petley, Julian (1997a), ‘ “Crash’’ course 2’, Sight and Sound, September, p. 84.
97
Paddie Collyer
Petley, Julian (1997b), ‘No redress from the PCC’, British Journalism Review, 8: 4,
pp. 66–73.
Walker, Alexander (1997), ‘Teaching tolerance’, Sight and Sound, August, p. 64.
Walker, Alexander (1998), ‘Walker and Petley on CRASH course’, British Journalism
Review, 9: 1, pp. 41–4.
Paddie Collyer studied for an MA in Film at the Polytechnic of Central London (now
the University of Westminster) while continuing with her job as Head of Media Studies
in a large college of further education. She studied for a PhD at Southampton Institute
(now Southampton Solent University). Now retired, she writes about film and works
with young people who have speech and language difficulties.