Where the Truth Lies, directed by Atom Egoyan and produced by Robert Lantos, is, at press time, facing a potentially harsh ratings decision from the Motion Picture Association of America. The sexy thriller, which premiered at Cannes and will launch in North America as a TIFF gala, could see its commercial hopes seriously undermined in the U.S. if the MPAA sticks to its plan to slap the film with an NC-17 rating (no one 17-and-under admitted). If that happens, distributor ThinkFilm would launch an appeal. Canadian audiences, however, will be able to see the director’s cut at TIFF and in its commercial R-rated release, set for Oct. 7.

But a battle looms in the U.S., where the film will get a platform release starting one week later. The drama features scenes of a highly sexual nature that involve, in various carnal configurations, stars Kevin Bacon, Alison Lohman and Colin Firth. Bacon and Firth play comedy cabaret duo Lanny Morris and Vince Collins, whose top-notch act breaks up in the late 1950s after a woman is found mysteriously dead in their hotel room. Fifteen years later, reporter Karen O’Connor (Lohman) becomes involved with both men, eventually discovering ‘where the truth lies’ in the murder of hotel waitress Maureen (Rachel Blanchard).

Based on an acclaimed novel by Broadway insider Rupert Holmes, Where the Truth Lies, which bears a $30-million budget, ‘is more accessible to a larger audience than the others we’ve worked on together,’ says Lantos, a half-owner in ThinkFilm, who has collaborated with Egoyan on Calendar, Exotica, The Sweet Hereafter, Felicia’s Journey and Ararat. ‘We both want to speak to a bigger audience and this story fits within that desire.’

That wish may now be imperiled if the MPAA doesn’t yield on demands to cut out parts of the film’s sex scenes. ‘NC-17 means that some theater circuits, including the largest one, Regal Cinemas, won’t play it,’ Lantos points out. ‘It means Blockbuster won’t carry the DVD. It means some television channels and other media, for alleged ‘religious’ reasons, won’t carry the advertising. So there are significant consequences in the U.S.’

Although there are a number of erotic situations in the film, the main area of contention centers on a scene featuring a threesome involving Bacon, Firth and Blanchard. But their encounter is not in the film for mere titillation, as it provides the motivation for the murder at the story’s core.

‘What’s objectionable to me is that a scene that is designed to elicit an emotional response would be tampered with in any way,’ Egoyan says. ‘I don’t think it’s an exploitive scene at all… We live in conservative times, when what is perceived to be a transgressive sexual act can be so upsetting to people.’

Cutting it out is impossible, Egoyan contends. ‘It’s a dramatic scene and there’s no other way of presenting the material,’ he says. The MPAA clearly doesn’t agree, which surprises and upsets the director. ‘The thing is that the MPAA has no guidelines. I shot Where the Truth Lies fully thinking that I could deliver an R-rated film [under 17 requires an accompanying parent or adult guardian]. Even in the most draconian days of the Ontario Censor Board there was a code. With the MPAA, it is a completely subjective process.’

So, with the film poised for its North American launch in Lantos’ and Egoyan’s hometown, the two are currently expending significant effort wrestling with the MPAA. Arguments have been raised and much paperwork has been sent.

The problem, Lantos and Egoyan point out in identical phrases, exists ‘only in America. There is no issue in the rest of the world.’ Both Egoyan and Lantos say they oppose the censorship of films and other works of art.

‘Censorship is a fundamental violation of the elementary human right to freedom of expression. It’s abhorrent,’ Lantos comments. ‘This kind of censorship is a sophisticated and hidden form. NC-17 doesn’t ban a movie. But it brands it; it relegates it to a ghetto.’

The difficulty for Lantos and Egoyan is that they are trying to get out of the ‘art/foreign film’ niche marketplace. ThinkFilm has developed a distinct marketing campaign for the film. ‘It is a sexy, steamy film noir with movie stars and by an important director,’ Lantos notes. Adds Egoyan, the film ‘plays to a younger demographic – people in their early 20s. Their reactions in test screenings have been very strong.’­

Whether that market can be reached in the U.S. ultimately rests with the MPAA. Its verdict may affect the profitability of the film, which Lantos believes needs $20 million in international box office, taking into consideration British leaseback subsidies and Canadian tax credits already factored into the budget, and potential ancillary sales.

‘I’m perfectly happy for people under 17 not to see the film,’ concludes Lantos. ‘My concern is that, due to morality and politics in America, the NC-17 rating will make the film inaccessible to audiences.’