The Motion Picture Association (MPA, formerly MPAA), the body responsible for rating feature films in America, is facing criticism again. The new film Passages directed by Ira Sachs was given a rating of NC-17. Both the director and his film’s distributor, MUBI, have spoken out against the restrictive rating and against the MPA itself.

But how does the MPA determine a film’s rating? Well, they won’t say. The MPA’s methods have been shrouded in secrecy since its start in 1968. What we do know, is a panel of rotating judges gives a score to a film. No criteria have ever been made public for what crosses the line between PG-13 to R to NC-17. It is mostly up to the discretion and personal feelings of the panel members who are typically parents and not otherwise involved in the film industry.

The MPA Makes a Judgement

With such secretive methods, it is no wonder that Sachs is fed up. “There wasn’t a discussion,” he said. No suggestions as to what scenes or subject matter were the source of the restrictive rating. The MPA claims that a rating of NC-17 is not a moral judgment. It simply informs potential viewers that the content of the film is not suitable for children. But this rating isn’t a suggestion. Theaters will not allow anyone under 17 to see these films even if they are accompanied by an adult. A rating of NC-17 is effectively the final nail in the coffin for box office numbers. The MPA, whether it admits it or not, is picking and choosing which films are seen and which are buried.

But Sachs wasn’t just critical of his film’s rating, but of the MPA itself. “Why does the MPAA still exist as a nameless board that has the right to censor?” It is a fair question. Especially in the age of prestige TV where the FCC allows studios and networks to self-rate all of their productions. No rating system will ever be perfect; there will always be some degree of subjectivity. But a rating system with publicly known criteria is the first step to giving filmmakers the clarity they need to make content decisions.