Mark Schreiner
Willmington
Star
Saturday, January 27, 2007
Citing the controversy surrounding the Dakota Fanning film Hounddog,
the leader of the state Senate Republicans says he wants the government
to review scripts before cameras start rolling in North Carolina.
That system, said state Sen. Phil Berger, R-Rockingham, would
apply only to films seeking the state's lucrative filmmaker incentive,
which refunds as much as 15 percent of what productions spend
in North Carolina from the state treasury.
"Why should North Carolina taxpayers pay for something they
find objectionable?" said Berger, who is having proposed
legislation drafted.
It is not known whether Hounddog's producers have or will apply
for the incentive. A call Thursday to the N.C. Department of Revenue,
which oversees incentive payments, was not returned.
Sen. Julia Boseman, D-New Hanover, one of the backers of the
new law that created the current incentive system, said she couldn't
say much until she saw Berger's proposal in writing.
"There's no bill yet to take a look at," she said.
"But I am always willing to consider reasonable ways to improve
the program."
She did say she thought looking at scripts before shooting starts
might be meaningless because a script could be changed during
production.
"We should consider the end product," she said, "which
is what our current system is designed to do."
State law denies the incentive to films that are obscene. In
state law, obscenity is defined as depicting sexual conduct presented
in an offensive way that appeals to prurient interest, lacks any
"serious literary, artistic, political or scientific value"
and is not free speech protected by the state or federal constitutions.
Berger said the film-incentive ban should be broadened to include
material considered objectionable. He said there should be no
First Amendment concerns because the producer would be seeking
money from the state government. But he did say that if constitutional
questions confused the matter, it would be better not to have
a film incentive at all.
Berger has not seen the movie. He said his opinions were formed
by what he has read about it.
The Fanning film, which is playing this week at the Sundance
Film Festival in Park City, Utah, has been a flashpoint of controversy
since it was filmed on locations in New Hanover and Brunswick
counties last summer.
The movie tells the story of Lewellen, a girl played by 12-year-old
Fanning, who is growing up in the 1960s South.
In one scene, the character is raped. The scene lasts a few minutes
and is not graphic, according to The Associated Press. There is
no nudity, the scene is darkly lit, and only Fanning's face and
hand are shown.
Criticism and questions began even before the first screening
of the film. A group called the Christian Film and Television
Commission claims Hounddog breaks the federal child-pornography
law, according to the AP.
Last year, a complaint reached the New Hanover County district
attorney, who issued a letter saying he saw uncut portions of
the film and found that no crime had been committed in his jurisdiction.
The film's publicist took a request for comment Thursday afternoon
but did not return it before press time.
Under the current system, the process begins when producers make
inquiries of local film commissions or the state film office to
gauge whether their project might be eligible.
But to claim the credit, the producers must file a state tax
return. The N.C. Department of Revenue examines the return and
judges whether all the criteria in the law have been met. The
refund can be as much as $7.5 million per film.
Berger pointed to South Carolina, which requires up-front applications
from producers, who must attach a copy of their script.
Even so, said Jeff Monks, South Carolina's film commissioner,
the state does not assess the content of a proposed movie.
"Censorship is not part of our activity," he said.
The purpose of asking for the script is to see whether it conforms
to the budget and schedule information producers are required
to provide.
"We want to see if this film is doable and a good investment
for the people of the state," he said.
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