The Other Shoe Finally Drops – Academy Establishes Representation and Inclusion Standards for Oscar Eligibility

In the years I’ve been covering the Oscars, the Academy has never taken a hands-on approach to controlling art, or requiring that productions bow to certain regulations to qualify. But with the complaints last year that the acting nominees were all white (could see it coming from a mile away) and how the BAFTA nominations came down, both the BAFTA and the Academy have now instituted “eligibility requirements” to answer protests and boycotts against them. Okay, fair enough, but there are bigger questions that have to be addressed and haven’t been.

After all, we still haven’t been able to agree about who gets to tell what stories. That seems to be unfinished conversation but it bubbles up every so slightly when a white filmmaker makes films with all black casts. The question of authenticity comes up. For instance, Kathryn Bigelow was mostly hammered for making Detroit with an all black cast. The reverse was true when Sofia Coppola was hammered for excluding a black character in The Beguiled. There is now a movement to ensure only trans actors and actresses play trans characters while at the same time an even more powerful movement that insists there is no difference between trans women and biological women. Look at what happened to Kimberly Pierce when she tried to speak at a college. When she made Boys Don’t Cry it was revolutionary, just as Steven Spielberg making the Color Purple was. But some of those films are no longer RIGHT because now, for instance, people do not believe Hillary Swank should have played a trans male. Spielberg has been redeemed for his film but at the time there was outrage over his telling this story. He was mocked for making films about black characters back then.

But things have changed. There are many more filmmakers of color and women filmmakers making films that people see. That they aren’t considered the ‘best’ in a given year isn’t necessarily due to racism or sexism. That is the charge, of course, although many believe it’s true.  So rather than wait around for films that are considered good enough, the Academy has forced the issue — be inclusive or your film won’t be eligible. Of course, this means they have many different options to meet the requirements (listed below) but many will still be watching movies and deeming those with all white casts potentially unworthy.

Will actors feel more included or more marginalized? There used to be a phrase back in the 80s called “the token female,” etc. John Boyega recently lamented how his character wasn’t well written and he felt like a token hire. Thus, these new requirements seem to suggest that filmmakers must do exactly that, thus putting actors in the awkward position of believing that is why they got the part, for starters. Moreover, if they are just a token to meet eligibility requirements, doesn’t that open up a whole can of worms about tokenism? Of course it does. But the Academy had to do something to show they are doing something.

The Oscars have become increasingly insular over the years, appealing mostly to a tight knit group of people. They are, to my mind, a reflecting pool that broadcasts a message of what Hollywood represents. There is no more highly concerned group of people than the very white, very privileged folks in Hollywood who would never want to be thought of as racists. This helps them patch that wound a little bit. This is a good way to say, “See, we are trying to solve this problem.” I’m just not sure it will solve the problem.

I think it is much too restrictive already, from who gets to host, to which films win, to the histories of people who make the movies. There is constant policing of art across the board — and this really seems in keeping with that ideology. They have the best of intentions here, to meet the demands of them by the same public which launched the movement #oscarssowhite.

Will this answer that?

The Academy has continued to add record number of people of color, assuming that would solve the problem. But it turns out that it doesn’t necessarily mean they will pick films based on inclusion or diversity. They too pick the films they like. Since that didn’t seem to satisfy or fix the problem they’ve now decided to do more than just suggest inclusion and diversity – they now have to make sure they have representation somewhere in their productions.  My own personal take is that this will backfire — it’s one thing for big studio movies with a decent sized budget to staff their movies in a way that meets these standards. But some productions are not put together with the idea of Oscar glory to begin with so they aren’t even thinking about this. Now they will have to, or else. Thus, if one of those movies is the best of the year will it be excluded because it doesn’t meet any of the requirements?

I hope that they loosen the mandate slightly and offer it up as a suggestion but not force production companies to meet these requirements before their films can be eligible for the Oscars. Every film should be eligible, even if it falls short of the new standards. All films should be lauded whenever they tell a good story, are well written and well directed. I think that still should matter if we’re talking about rewarding high achievement.

High achievement can also mean they did all of that AND they met the diversity requirements. That’s possible. It just potentially limits what films will be eligible for these awards.

The Academy is essentially following the standards put in place by the BAFTA in 2019:

In order to meet the standards, productions need to demonstrate that they have worked to increase the representation of under-represented groups in two of the four following areas:

• On screen representation, themes and narratives

• Project leadership and creative practitioners

• Industry access and opportunities

• Opportunities for diversity in audience development.

The Academy has offered up these fixes, but in my mind, this should be a suggestion, not a mandate.

ACADEMY ESTABLISHES REPRESENTATION AND INCLUSION STANDARDS
FOR OSCARS® ELIGIBILITY 

LOS ANGELES, CA – Today, the Academy of Motion Picture Arts and Sciences announced new representation and inclusion standards for Oscars® eligibility in the Best Picture category, as part of its Academy Aperture 2025 initiative. The standards are designed to encourage equitable representation on and off screen in order to better reflect the diversity of the movie-going audience. Academy governors DeVon Franklin and Jim Gianopulos headed a task force to develop the standards that were created from a template inspired by the British Film Institute (BFI) Diversity Standards used for certain funding eligibility in the UK and eligibility in some categories of the British Academy of Film and Television (BAFTA) Awards, but were adapted to serve the specific needs of the Academy. The Academy also consulted with the Producers Guild of America (PGA), as it presently does for Oscars eligibility.

“The aperture must widen to reflect our diverse global population in both the creation of motion pictures and in the audiences who connect with them. The Academy is committed to playing a vital role in helping make this a reality,” said Academy President David Rubin and Academy CEO Dawn Hudson.  “We believe these inclusion standards will be a catalyst for long-lasting, essential change in our industry.”

For the 94th Oscars (2022) and 95th Oscars (2023), submitting a confidential Academy Inclusion Standards form will be required for Best Picture consideration, however meeting inclusion thresholds will not be required for eligibility in the Best Picture category until the 96th Oscars (2024).

For the 96th Oscars (2024), a film must meet TWO out of FOUR of the following standards to be deemed eligible:

STANDARD A:  ON-SCREEN REPRESENTATION, THEMES AND NARRATIVES
To achieve Standard A, the film must meet ONE of the following criteria:

A1. Lead or significant supporting actors

At least one of the lead actors or significant supporting actors is from an underrepresented racial or ethnic group.

• Asian
  • Hispanic/Latinx
  • Black/African American
  • Indigenous/Native American/Alaskan Native
  • Middle Eastern/North African
  • Native Hawaiian or other Pacific Islander
  • Other underrepresented race or ethnicity

A2. General ensemble cast

At least 30% of all actors in secondary and more minor roles are from at least two of the following underrepresented groups:

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

A3. Main storyline/subject matter

The main storyline(s), theme or narrative of the film is centered on an underrepresented group(s).

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

STANDARD B: CREATIVE LEADERSHIP AND PROJECT TEAM
To achieve Standard B, the film must meet ONE of the criteria below:

B1. Creative leadership and department heads 

At least two of the following creative leadership positions and department heads—Casting Director, Cinematographer, Composer, Costume Designer, Director, Editor, Hairstylist, Makeup Artist, Producer, Production Designer, Set Decorator, Sound, VFX Supervisor, Writer—are from the following underrepresented groups:

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

At least one of those positions must belong to the following underrepresented racial or ethnic group:

• Asian
  • Hispanic/Latinx
  • Black/African American
  • Indigenous/Native American/Alaskan Native
  • Middle Eastern/North African
  • Native Hawaiian or other Pacific Islander
  • Other underrepresented race or ethnicity

B2. Other key roles

At least six other crew/team and technical positions (excluding Production Assistants) are from an underrepresented racial or ethnic group. These positions include but are not limited to First AD, Gaffer, Script Supervisor, etc.

B3. Overall crew composition

At least 30% of the film’s crew is from the following underrepresented groups:

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

STANDARD C:  INDUSTRY ACCESS AND OPPORTUNITIES
To achieve Standard C, the film must meet BOTH criteria below:

C1. Paid apprenticeship and internship opportunities

The film’s distribution or financing company has paid apprenticeships or internships that are from the following underrepresented groups and satisfy the criteria below:

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

The major studios/distributors are required to have substantive, ongoing paid apprenticeships/internships inclusive of underrepresented groups (must also include racial or ethnic groups) in most of the following departments: production/development, physical production, post-production, music, VFX, acquisitions, business affairs, distribution, marketing and publicity.

The mini-major or independent studios/distributors must have a minimum of two apprentices/interns from the above underrepresented groups (at least one from an underrepresented racial or ethnic group) in at least one of the following departments: production/development, physical production, post-production, music, VFX, acquisitions, business affairs, distribution, marketing and publicity.

C2. Training opportunities and skills development (crew) 

The film’s production, distribution and/or financing company offers training and/or work opportunities for below-the-line skill development to people from the following underrepresented groups:

• Women
  • Racial or ethnic group
  • LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

STANDARD D: AUDIENCE DEVELOPMENT
To achieve Standard D, the film must meet the criterion below:

D1. Representation in marketing, publicity, and distribution

The studio and/or film company has multiple in-house senior executives from among the following underrepresented groups (must include individuals from underrepresented racial or ethnic groups) on their marketing, publicity, and/or distribution teams.

• Women
  • Racial or ethnic group:
• Asian
• Hispanic/Latinx
• Black/African American
• Indigenous/Native American/Alaskan Native
• Middle Eastern/North African
• Native Hawaiian or other Pacific Islander
• Other underrepresented race or ethnicity
• LGBTQ+
  • People with cognitive or physical disabilities, or who are deaf or hard of hearing

All categories other than Best Picture will be held to their current eligibility requirements. Films in the specialty feature categories (Animated Feature Film, Documentary Feature, International Feature Film) submitted for Best Picture/General Entry consideration will be addressed separately.

Academy Aperture 2025 is the next phase of the Academy’s equity and inclusion initiative furthering the organization’s ongoing efforts to advance inclusion in the entertainment industry and increase representation within its membership and the greater film community.

Finally, a lot of this will feel good to people who feel marginalized. But again, I do not think films should have to meet these requirements to be eligible for a prize that is meant to be about rewarding art. That’s just my opinion. It is easy enough to get around if you are hiring someone to make sure the requirements are met. But first you have to decide you want to be an “Oscar movie,” and some of them might not be thinking that. They might be made by one person with an iPhone about himself.

I think filmmakers are already on notice about inclusion – so I do not think, for most of them, this will be a problem. But mandates make me uncomfortable where art is concerned. They always have. And always will.