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Netflix Indicted By Texas Grand Jury Over 'Lewd' Depiction of Children In 'Cuties' (thehill.com) 336

A Texas grand jury indicted Netflix for the "lewd" representation of children in the controversial French film "Cuties." The Hill reports: The Sept. 23 indictment shows the Tyler County Grand Jury charged the popular streaming site for "promotion of lewd visual material depicting child" for its drama about a young girl who is torn between her conservative Muslim family's values and her desire to join a dance troupe. Among the charges in question is Netflix's alleged promotion of material that portrays the "exhibition of the genitals or pubic area of a clothed or partially clothed child, which appeals to the prurient interest in sex and has no serious literary, artistic, political, or scientific value" -- a violation of the Texas penal code, according to the press release from Tyler County District Attorney Lucas Babin.

Netflix denied any wrongdoing after a summons was served on Oct. 1 by the Texas State Rangers. "'Cuties' is a social commentary against the sexualization of young children. This charge is without merit and we stand by the film," the company said in a statement to The Hill. After its Sept. 9 release, various GOP lawmakers including Sen. Ted Cruz (R-Texas) condemned "Cuties" for its alleged sexualization of minors. In a letter to U.S. Attorney General William Barr dated Sept. 11, Cruz called on the Department of Justice to investigate possible child abuse in relation to "Cuties."

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Netflix Indicted By Texas Grand Jury Over 'Lewd' Depiction of Children In 'Cuties'

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  • by h33t l4x0r ( 4107715 ) on Thursday October 08, 2020 @05:08AM (#60584286)
    Because I don't know much about art, but I do know what I like.
    • Re: (Score:3, Insightful)

      by Anonymous Coward

      Because I don't know much about art, but I do know what I like.

      That's interesting because I do know a LOT about art, but I don't know what I like.

      • "Cuties' is a social commentary against the sexualization of young children" ... by doing what you purport to be against?
        • by Anonymous Coward on Thursday October 08, 2020 @06:00AM (#60584350)

          "Cuties' is a social commentary against the sexualization of young children" ... by doing what you purport to be against?

          Yes, apparently the idiots at Netflix don't understand that you can speak out against the sexualization of child without actually engaging in the sexualization of children.

          • by AmiMoJo ( 196126 ) on Thursday October 08, 2020 @07:21AM (#60584522) Homepage Journal

            Can you though? In my experience if you speak out against anything without incontrovertible, graphic evidence the immediate response is dismissal. After all this has been going on for decades, it's not new, and people have been speaking out about it.

            All this publicity is probably the best thing that has ever happened in terms of stopping it.

            • by Merk42 ( 1906718 ) on Thursday October 08, 2020 @07:35AM (#60584542)
              Even if speaking out against anything requires "incontrovertible, graphic evidence", you don't need to make that part of the promotional material.
              • by AmiMoJo ( 196126 )

                That I can complete agree on. Netflix's marketing department went a bit far with that one.

              • by magzteel ( 5013587 ) on Thursday October 08, 2020 @08:23AM (#60584672)

                Even if speaking out against anything requires "incontrovertible, graphic evidence", you don't need to make that part of the promotional material.

                Agree. The promotional material presented glamorized sexualized little kids.
                Saying "but the movie says that's a bad thing" doesn't excuse it.

                • That was a mistake, the movie creators objected to that promotional material, and Netflix apologized.

                  It's not porn, but it is sexualized, just like all those pre-teen and toddler beauty pageants. So do you just have a talking voice saying "things are bad, but we can't show you pictures of thefully clothed girls to show what we're trying to describe, so just believe us that it's bad"?

                  I think these lawmakers are just drumming up business before an election - get the locals outraged by condemning a movie or b

            • by snowshovelboy ( 242280 ) on Thursday October 08, 2020 @08:10AM (#60584630)

              You can. Just like you can have a story about murder without actually murdering somebody.

            • Re: (Score:3, Insightful)

              The same reason as a pro-life Catholic I don't like Right to Life Displays of bloody fetuses found in the garbage of Planned Parenthood, is the reason I don't like Cuties exploiting 11 year old actresses to make Netflix millions of dollars in a "protest" against child sexploitation.

              It is exactly the same.

              • by phlinn ( 819946 ) on Thursday October 08, 2020 @08:28AM (#60584686)
                The difference is that the pro-life people aren't actually engaging in the practice they claim is deplorable in order to produce the image. The makers of cuties did. How much time did they spend being coached by adults to present themselves that way? No one with functional ethics would have participated in said coaching.
                • by smooth wombat ( 796938 ) on Thursday October 08, 2020 @11:30AM (#60585378) Journal
                  The difference is that the pro-life people

                  They're not even pro-life. As George Carlin said, they're pro-birth. Once a child is born they want nothing to do with it. Single mother? Should have kept your legs closed. Child has birth defect? It's god's will. Woman dies giving birth. It's god's will. Stick the kid in a home until they're 18 then set them free. Medical care for the mother if she can't afford it? That's communism!
                  • What nonsense! There's plenty of us prolifers that are also advocates of conception-to--grave universal healthcare coverage.... It's logical and ethical. Talk about simplifying and stereotyping.

                  • by Darinbob ( 1142669 ) on Thursday October 08, 2020 @03:28PM (#60586304)

                    Pro-life and pro-death-penalty in the same campaign speeches. Now I get a lot of this. I like the Bill Clinton way of phrasing it, abortion should be rare but legal. Meaning don't use abortion as a casual means of birth control, it should be the last resort. But too often the people in the pro-life camp are also anti-birth-control. During many of our lifetimes it was still illegal to purchase birth control in some states if you were not married, and that crowd became the pro-life crowd after the Roe-v-Wade decision.

                    The "morning after" pill should have been considered a good way to stop many abortions, it should be the option to use after a rape. Yet it is highly condemned with just as much vehemence as a late term abortion. Foreign aid is cut off if there's any chance any of it might be used to promote birth control, and NGOs that promote birth control as a population control measure are condemned.

                      So politically the fight has devolved into an all-or-nothing fight, the two extremes are battling and the sensible center gets ignored. And this one single issue is the most defining one in US elections, local, state, or federal. There is a huge fraction of voters in the US that decide how they vote on this issue and none other. And this is why the two main political parties that used to divide up the voters based upon economics and labor have become two parties that split based upon social issues instead.

              • Re: (Score:2, Insightful)

                by AmiMoJo ( 196126 )

                Okay you don't like it, but the question I have is were you aware of it before the movie came along?

                Maybe it went too far but I think some good as definitely come of it.

                • by bobbied ( 2522392 ) on Thursday October 08, 2020 @09:49AM (#60585004)

                  Okay you don't like it, but the question I have is were you aware of it before the movie came along?

                  Maybe it went too far but I think some good as definitely come of it.

                  But by all means, let's toss the whole thing out because they went full cringe worthy in their treatment of children. (sarc off)

                  To answer your question, YES, I was aware of this kind of thing. JonBenét Ramsey was murdered in 1996 and she was a childhood "beauty queen" contestant. At that point, even before I had kids, the over sexualization of young kids was obvious and disgusting. The videos of JonBenet participating in various contests, though tame by today's standards, where disturbing.

                  Children should be protected from such exploitation by their parents/guardians, it's not cute to have kids who don't know what they are doing making overt and salacious actions for the amusement of the adults watching.

                  Now on to the movie.. I've not seen it, but people who I trust have. From what I'm told, this movie is neither innocent nor is it child porn. Yes, it paints the over sexualization of children in a bad light, and in the spirt of being watchable the young girl realizes what she's doing, decides to stop and return to her estranged family, but it DOES have some very cringe worthy sequences that could have been alluded to and not overtly shown without sacrificing the impact of the intended message. So yes, the movie has a good message, but no the producers of the movie clearly step over the line (from my perspective).

                  But let's be honest... There is no way this movie would have in anyway successful, or worthy of discussion had they not gone purposely controversial, so the producers have done their job.

                  The really sad part here is that we've come to this. That this actually exists in today's society is a serious problem, that movies like this could even be made, is wrong. The Hollywood art types have pushed us a long way, by pushing the boundaries, questioning societies norms, using shock value to make money. But we live in a imperfect world filled with imperfect people, what can we expect?

        • Well, as one of the first Hollywood producers said to the censors board when he was asked why he has so many women in bathtubs: To make a movie against sin, you have to show sin....

          (From the floor of my brains cutting room. Exact quote and source welcome)

        • by MrNaz ( 730548 ) on Thursday October 08, 2020 @06:15AM (#60584388) Homepage

          That's a retrospective statement in response to the accusations. They never claimed that before, instead they said it was "feminist" and "empowering" or some shit like that.

          • That's a retrospective statement in response to the accusations. They never claimed that before, instead they said it was "feminist" and "empowering" or some shit like that.

            JFGI, article date september 10

            https://variety.com/2020/digital/news/netflix-defends-cuties-against-sexualization-young-girls-1234766347/
            “‘Cuties’ is a social commentary against the sexualization of young children,” a Netflix spokesperson said in a statement to Variety. “It’s an award-winning film and a powerful story about the pressure young girls face on social media and from society more generally growing up — and we’d encourage anyone who cares about these important issues to watch the movie.”

        • by sabbede ( 2678435 ) on Thursday October 08, 2020 @07:25AM (#60584528)
          Well, satire works that way. That said, it sure as f-k doesn't work in the context of sexualizing actual children. That is a job for a documentary, not a live action film starring children. I saw a trailer and it did not indicate that the film's intent was to decry the subject. It seemed only to relish in having little girls gyrate provocatively. As heartbreaking as it was nauseating.
        • It went way too far and pushed the envelope clear off the table. If this had been a book, graphic novel, or animated film then nobody could say children were exploited but here we are. I've seen people try to defend this by playing the race card due to the director Miamouna Doucoure being an ethnic minority. Nudity of minors is not a new thing in cinema but this was blatant softcore porn. You might as well say the pornhub video Teacher Punishes Naughty Student is an educational movie because Pythagoras' The

          • You haven't watched the movie, have you. Promotional material =/= the movie.
            • You haven't watched the movie, have you. Promotional material =/= the movie

              Which one the one about the teacher...?

            • Promotional material taken from movie.
    • So what makes this a tough call for you? That you like watching pre-teens act like strippers, but you want to tell yourself it's just art? I can help you with that. A pre-teen is a child. Exploiting them is not forgiven just because it's done in an artistic manner.

      • Was there a particular scene in the film that you found offensive? Just curious.
        • Just curious.

          Bullshit.

    • Re: (Score:3, Informative)

      The way the scenes were shot and the length of certain parts is completely inexcusable and eliminates any sort of "art" or "it was necessary for the art of the movie." I am absolutely convinced that director level staff on the movie were perverts.
      • by h33t l4x0r ( 4107715 ) on Thursday October 08, 2020 @06:56AM (#60584472)
        Just as a side note, there actually is a ton of other content on Netflix. You could have turned it off and watched Seinfeld re-runs. They have metrics believe it or not, and your inexplicable inability to turn that shit off will be noticed.
      • by Nidi62 ( 1525137 ) on Thursday October 08, 2020 @06:59AM (#60584480)

        I am absolutely convinced that director level staff on the movie were perverts.

        Doucoure was born and raised in Paris to parents of Senegalese origin..The film is based on a traditional Senegalese Muslim girl who is caught and torn between two contrasting fortunes, traditional values and internet culture while also speaking about hypersexualization of preadolescent girls..She also stated that she worked with a child psychologist during filming. It was revealed that Doucoure spent nearly 18 months researching studies how young and pre-teen children are being exposed to 18+ adult content and sexualised images on social media in order to showcase the accurate reality in the film.

        Or, you know, the director was merely telling a story that reflects her own, actual experiences.

        There really only started being an issue with the film when Netflix put out a questionable promo poster.

        • > Doucoure spent nearly 18 months researching studies

          > Or, you know, the director was merely telling a story that reflects her own, actual experiences.

          These two don't compute.
  • A Texas grand jury ... [says film] has no serious literary, artistic, political, or scientific value ...

    Texans passing judgement on literary, artistic and scientific value -- have you read their text books?

    ... various GOP lawmakers including Sen. Ted Cruz (R-Texas) condemned "Cuties" for its alleged sexualization of minors.

    Uh huh.

    • Re:This is funny. (Score:5, Insightful)

      by Alcari ( 1017246 ) on Thursday October 08, 2020 @05:18AM (#60584308)
      Ah yes, Texas, home of hundreds of child pageants, takes offense to a show about said pageants.
      • by quonset ( 4839537 ) on Thursday October 08, 2020 @05:26AM (#60584320)

        No, no. You see, those are Texas child pageants. Those are completely different than these other child pageants because they're Texas child pageants.

      • Re: (Score:3, Interesting)

        by Entrope ( 68843 )

        Do "child pageants" in Texas involve twerking, crotch-rubbing, and pre-teens texting pics of their private parts? If not, I can think of a few notable differences between them and this movie.

        • Re: This is funny. (Score:4, Insightful)

          by bingoUV ( 1066850 ) on Thursday October 08, 2020 @11:27AM (#60585352)

          Did this trailor include crotch grabbing ? Honest question, i saw the trailor but I didn't notice such a thing. (There is a lot of dance, but I am too unartistic to conclude what the dance is implying. )

          Is it self crotch grabbing, or a different person's ? By an adult of a child ?

          Or are you saying the crotch grabbing takes place in the movie ?

          • by Entrope ( 68843 )

            The movie, although perhaps not the trailer, shows pre-teen girls grabbing their own crotches. If the GP claims that child pageants in Texas are morally equivalent to the movie, I await evidence that pageant organizers directed pageant participants in similar activity.

    • by h33t l4x0r ( 4107715 ) on Thursday October 08, 2020 @05:30AM (#60584324)
      I just hope that this doesn't become a partisan issue. I think everyone, regardless of their political leanings, can agree that the main girl was one hot piece of ass.
    • A Texas grand jury ... [says film] has no serious literary, artistic, political, or scientific value ...

      Texans passing judgement on literary, artistic and scientific value -- have you read their text books?

      ... various GOP lawmakers including Sen. Ted Cruz (R-Texas) condemned "Cuties" for its alleged sexualization of minors.

      Uh huh.

      A broken clock is right twice a day.

  • I expected an endless series of digs at Texas for child pageants by people who are either clueless or evil. Let's see.

    You don't even have to read the article to see the key qualifier here: "exhibition of the genitals or pubic area of a clothed or partially clothed child"

    From the BBC: https://www.bbc.com/news/enter... [bbc.com]

    "The site also pointed out that Doucouré had created "outrageous musical montages involving close-up crotch shots of pouting pre-teens"."

    Child pageants do not have close-up crotch shots of

    • by Viol8 ( 599362 ) on Thursday October 08, 2020 @05:39AM (#60584332) Homepage

      "Child pageants do not have close-up crotch shots of children."

      Maybe not, but they still display children dressed up in clothes which on an adult would be sexually provocative. They're nauseating displays of utterly unaware simpleton parents vicariously living their beauty pageant fantasies through their kids.

      • by SharpFang ( 651121 ) on Thursday October 08, 2020 @06:53AM (#60584466) Homepage Journal

        Yes. You have to draw a line in sand. It can be anywhere between 'any depiction of anyone looking anything under 18 ever' to 'violent penetration of infants'. The lawmakers have drawn it at "exhibition of the genitals or pubic area of a clothed or partially clothed child" which makes the pageants rather despicable and treading damn close to the line, but still legal, while 'cuties' being just a notch 'harder' crosses it.

        One doesn't justify the other, and having the line where it is doesn't make the lawmakers bad people - it only makes the pageant organizers bad people skirting the border of law.

      • by nucrash ( 549705 ) on Thursday October 08, 2020 @07:17AM (#60584510)

        That's the point though. The film serves as a mirror, showing reflection of the world they live in and rather than address the world they live in, they would rather break the mirror that shows the hideous reflection.

  • by Viol8 ( 599362 ) on Thursday October 08, 2020 @05:42AM (#60584334) Homepage

    I'm not going to defend this filn or texas as I don't know enough about either, but it is amusing the double standards on sexuality around the world. Its perfectly accaeptable to walk to a museum - even with kids - and see paintings of bollock naked men and women either in paintings or as sculptures, but put the same in a video or pictures and they get an X rating. Its a funny old world.

    • by h33t l4x0r ( 4107715 ) on Thursday October 08, 2020 @06:14AM (#60584386)
      Texas don't have no such naked lady moo-see-ums and you better just shut your purty mouth.
    • by AmiMoJo ( 196126 ) on Thursday October 08, 2020 @06:26AM (#60584412) Homepage Journal

      Most of the art in museums tends not to be sexualized though. It's rare to see provocative poses that focus on the genitals, and in some cases like with Greek art they deliberately made the men's penises tiny and as unobtrusive as possible because they thought that large ones were a bit unsightly.

      Yeah, back in ancient Greece a small dick was preferable, how times have changed.

      I'm not attacking this movie, I haven't seen it but have heard that it is a genuine commentary on the issues, but my understanding is that it does feature provocative imagery, so it's a bit different from classical nudes.

    • by OzPeter ( 195038 )

      Regarding art, a woman was recently denied entrance to the Musee d'Orsay (in France of all places) because she was showing too much cleavage. An art museum that contains paintings and sculptures of naked women!

      The article has a pic of the dress she was wearing and I can’t fathom why it was an issue (but that might just be me)

      https://www.cnn.com/travel/art... [cnn.com]

    • Re: (Score:2, Interesting)

      by DarkOx ( 621550 )

      Well there are a few differences. Unlike flipping channels on the TV or browsing the web, my kids are unlikely to walk a few miles, hop a bus, and stumble in the Art museum downtown while I look away for 2min to pour another cup of coffee. So there is that.

      I would argue that art (sculpture paintings photography) depicting minors nude is probably something that should be universally frowned upon for the same reasons CP is, its very likely abusive to the individuals depicted in the same ways and they are to

      • by Nidi62 ( 1525137 )

        I would argue that art (sculpture paintings photography) depicting minors nude is probably something that should be universally frowned upon for the same reasons CP is

        Fortunately this film doesn't do that.

      • by DRJlaw ( 946416 )

        Well there are a few differences. Unlike flipping channels on the TV or browsing the web, my kids are unlikely to walk a few miles, hop a bus, and stumble in the Art museum downtown while I look away for 2min to pour another cup of coffee. So there is that.

        If you're too incompetent to set up a kids profile for Netflix, you're too incompetent to keep your kids from going to the museum in an attempt to grow out of the intellectual wasteland that is your home.

    • There is a stark difference between classical depictions of the human form as art and the overt sexualization of pre-pubescent children. There is nothing erotic about Michelangelo's David or Caravaggio's "Madonna and Child with St. Anne". The "Cuties" trailer was overtly sexualized, depicting children engaged in explicit erotic acts.
  • If you in any way want to think sexually about kids you should be given the strongest punishment possible. What if someone diddled your kids? How would you react?

  • So who has seen it? (Score:5, Interesting)

    by Harold Halloway ( 1047486 ) on Thursday October 08, 2020 @06:43AM (#60584442)
    I'm guess the vast majority of people on here, particularly those making negative comments, have not actually seen it?
    • by gweihir ( 88907 )

      I'm guess the vast majority of people on here, particularly those making negative comments, have not actually seen it?

      I don't think I have any interest in seeing it. So far only the usual deranged ones are screaming loudly, that is not enough of a scandal to make this thing interesting.

    • by Joey Vegetables ( 686525 ) on Thursday October 08, 2020 @09:03AM (#60584826) Journal
      If you accidentally ate a few bites of a turd sandwich, would you have to finish the rest of it to know that it tasted like turd?
      • by Sloppy ( 14984 )

        As with most censorship issues, my thinking is that your bite of the turd is irrelevant. The question is: did the turd bite you?

  • So stupid (Score:5, Insightful)

    by yassa2020 ( 6703044 ) on Thursday October 08, 2020 @10:13AM (#60585074)
    The whole "child porn" part of this movie is supposedly the scenes where the girls try to twerk. The horror. There is more sexualization of kids in a single episode of Dance Moms than in the entire movie. When I heard the news of this "outrage" I thought it was really strange and seemed fishy. Then I saw on the news a bunch of "protesters" gathered in front of netflix HQ, and they were all foaming at the mouth Qanon whackos, and it all made sense. This is just some astroturf outrage manufactured because some people think netflix is a "leftist" company and they want to hurt netflix's bottom line, hence all the calls for cancelling netflix in protest. It's sad and pathetic that this is what politics have come to.
  • by godrik ( 1287354 ) on Thursday October 08, 2020 @10:15AM (#60585080)

    For context, I am a french citizen living in the US for about 10 years. And I am so not surprised by this.

    I haven't seen the movie yet. But it has been talked about quite a bit so I'll see it eventually.

    France really doesn't have the same approach to bodies and sexuality as the US have. You see on french beaches kids going naked in the ocean probably up to age 6. I am not saying all kids to that until 6, but you see it. There people arguing that 50 shades of grey should not be rated PG, because it did not need to, that G was more appropriate.

    Teens and pre-adolescent teens are sharing dick pics between each other. Teens who dance tend to be overly suggestive because they want to do like Shakira and Rihanna. They probably sing Cardi B.'s WAP in school yard. I am not judging whether they should or not, but they are. Some girls in 9th grade used to pretend to pole dance on street lights and water pipes at recess when I was in school late 90s. The reality on the ground is probably what is depicted in the movie. (Once again, I haven't seen it yet.)

    The theme of the movie appears to echo lots of current issues of french society. Religious pressure from family on a youth that growingly rejects religion. The over growing expectation that kids overperform in all aspect of their lives that push them to extreme. Social pressure to compete at an ever younger age. The difficulty of divorce and remarriage and their impact on kids.

    Without mentioning that eventually the kid appears to realize that she went to far and abandon that way.

    • The reality on the ground is probably what is depicted in the movie.

      That's exactly what it is. It's called a "coming of age" story. It's all about the confusion of kids at that time in their life.

      The complaints about the movie are so dumb. One big complaint you see repeated a lot in this thread is a scene where a girl picks up a "used condom" and thinks it's a ballon or something and plays with it. When the other kids see it at first they make fun of it, and she's on the verge of tears "I didn't know!". Very realistic scene. Then afterwords, the kids try to be helpful and

      • by gweihir ( 88907 )

        The actor of course was using a completely new out of the package prop condom and not a real used condom. To say it was abuse of the actress is just dumb. All of the other complaints about this movie are similarly stupid.

        Sounds pretty much like it. Because of the outrage, I had a look at the trailer. I completely failed to identify the parts labeled as "child porn" by some here. I can only conclude that all these complainers see children as sexual objects, because it seems to take a pretty active imagination going into this specific direction to even have that idea for anything shown.

    • by ceoyoyo ( 59147 ) on Thursday October 08, 2020 @12:20PM (#60585624)

      This whole thing is pretty fascinating. The rest of the world is constantly flooded with American media but Netflix, with their promotion of world media, is providing an unusually accessible conduit back into what is otherwise a very insular culture.

      In the film there's a clash between French culture and conservative religious Muslim culture. The controversy in the US is a clash between French culture and conservative religious Christian culture.

      The children in the film are practicing dance moves to imitate their role models in American music videos and other media that are exported to the world. Many of the controversial scenes in the film seem to be shot in styles that imitate those music videos.

      The US, a self-proclaimed bastion of freedom of speech, is being accused of dangerous censorship by French film associations.

      Many states in the US have no effective minimum marriage age. Texas itself lets 14 year olds get married.

  • by Timothy2.0 ( 4610515 ) on Thursday October 08, 2020 @10:23AM (#60585104)
    "'Cuties' is a social commentary against the sexualization of young children."

    ...while sexualizing young children.
    • Re: (Score:3, Insightful)

      "'Cuties' is a social commentary against the sexualization of young children." ...while sexualizing young children.

      I watched the trailer. It looked like little girls playing around and talking shit. If anyone finds that sexualiztion or whatever, that is in the eye of the beholder.

      Ever see Rhythmic Gymnastics? They sometimes do these non-competitive shows that has them dancing like adult women. Aside from - as my colleague said "unconvinving" (meaning, only a perv would take it seriously and get turned on about it) - it was just cute.

      Really, if anyone gets all uptight about it, it is because they are projecting their o

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