Academy tweaks Oscar campaign rules following ‘To Leslie’ controversy

Christopher Rosen
·7 min read
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The “small film with a giant heart” has forced the academy to change its Oscar campaign rules. On Monday, months after Andrea Riseborough landed a shock Best Actress nomination for the micro-indie “To Leslie” following a controversial awards campaign, the academy revealed new promotional rules for the 2024 Oscars and beyond.

“The campaign promotional regulations, which specify how motion picture companies and individuals directly associated with Oscars-eligible motion pictures may promote such motion pictures, achievements and performances to Academy members and how Academy members may promote Oscars-eligible motion pictures, achievements and performances, underwent the most significant overhaul since their inception in 1994,” the academy said in a statement. 

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Among the so-called “substantive updates and changes of note” included:

  • Clarification of rules regarding private events and gatherings.

  • Clarification of rules regarding general and direct communications to Academy members.

  • Clarification of rules regarding public communications, including on social media.

  • Clarification of rules for “For Your Consideration” screenings, Q&A sessions and panel discussions.

  • Expanded language on regulation violations and penalties, including the process for reporting and reviewing a violation.

While the academy didn’t mention “To Leslie” or Riseborough, it’s likely these tweaks wouldn’t have happened if not for what transpired this year. Few expected Riseborough to land among the 2023 Oscar Best Actress nominees for the acclaimed if little-seen indie. But starting in early January, Riseborough’s work was embraced by numerous top performers, many of whom already won Oscars – including Kate Winslet, Charlize Theron, Helen Hunt, and Gwyneth Paltrow. Those actors and more posted on social media about Riseborough’s performance, hosted events for the film, and generally used the same language to describe “To Leslie” as a “small film with a giant heart.” Actress Frances Fisher went even further, suggesting Oscar voters put Riseborough at the top of their ballots, particularly because she felt some other contenders – including “Till” star Danielle Deadwyler and “The Woman King” lead Viola Davis – were a “lock” to be nominated.

In the end, Fisher proved incorrect. While Cate Blanchett for “TAR” and Michelle Yeoh for “Everything Everywhere All At Once,” both of whom Fisher cited in her post, did land Oscar nominations, neither Deadwyler nor Davis were chosen this year. Riseborough, Michelle Williams for “The Fabelmans,” and Ana de Armas for “Blonde” filled out the category, leaving many with the impression that Riseborough kept Davis or Deadwyler, both of whom are Black, from being nominated. 

“My issue with what happened is how people in the industry use their social capital — screenings in their homes, personal calls, personal emails, personal connections, elevated status. People like to say, ‘Well, Viola and Danielle had studios behind them.’ But we just very clearly saw that social capital is more valuable than that,” “The Woman King” director Gina Prince-Bythewood wrote in a piece published by The Hollywood Reporter. “That type of power is exercised in more casual ways in social circles, where folks are your friends or your acquaintances. There may be diversity on your sets but not in your lives. And Black women in this industry, we don’t have that power. There is no groundswell from privileged people with enormous social capital to get behind Black women. There never has been.”

Following the nomination, Riseborough largely avoided the spotlight. But she did speak to The Hollywood Reporter before the Oscars ceremony and said of the controversy about her nomination and the academy’s failure to recognize Black actresses, “It not only makes sense that this conversation would be sparked, but it is necessary. The film industry is abhorrently unequal in terms of opportunity. I’m mindful not to speak for the experience of other people because they are better placed to speak, and I want to listen.”

The controversy about Riseborough’s nomination led the academy to conduct an investigation to review the tactics used during the campaign. “The Academy has determined the activity in question does not rise to the level that the film’s nomination should be rescinded. However, we did discover social media and outreach campaigning tactics that caused concern. These tactics are being addressed with the responsible parties directly,” the academy said in a statement in January. “The purpose of the Academy’s campaign regulations is to ensure a fair and ethical awards process—these are core values of the Academy. Given this review, it is apparent that components of the regulations must be clarified to help create a better framework for respectful, inclusive, and unbiased campaigning. These changes will be made after this awards cycle and will be shared with our membership. The Academy strives to create an environment where votes are based solely on the artistic and technical merits of the eligible films and achievements.”

Based on the new rules, however, many of the “To Leslie” tactics would likely still fly. For instance, the academy changed its rules around Q&As, but only after nominations are announced. “Unless directly associated with an eligible motion picture, Academy members may not moderate Q&As or panel discussions after nominations,” the academy said. (Winslet, for instance, hosted a high-profile Q&A with Riseborough before the nominations.)

The “To Leslie” campaign was also criticized for private events held at the home of director Michael Morris and actress Mary McCormack, but those gatherings would also still be acceptable. 

“Throughout the year, Academy members gather to celebrate each other, socialize, and discuss the cinematic art form. We encourage this community building among Academy members. Private events and gatherings held by individuals to celebrate motion pictures, performances, and achievements or to encourage watching Oscars-eligible motion pictures are not considered FYC events. Therefore, invitations to such events and gatherings may not be sent via an Academy-approved mailing house. No promotional materials, or anything of monetary value, may be given out at these events and gatherings,” the academy said. “Prior to the end of the final voting period, private Oscar-related events and gatherings may not be funded, organized, or endorsed in any capacity by motion picture companies.” (The “To Leslie” campaign was called “grassroots” because it was mounted without studio support.)

As for the general social media aspect of Oscar campaigning, the academy wrote the following:

“Members, motion picture companies, and individuals directly associated with an eligible motion picture should be mindful of the impact their public communications may directly or indirectly have on the promotion of a motion picture, performance, or achievement, as well as the awards process. Public communications, including but not limited to press interviews, articles, speaking engagements, and social media platforms (Instagram, Letterboxd, TikTok, Twitter, YouTube, Facebook, Snapchat, Discord, personal blogs and other similar platforms), are valuable ways to promote, celebrate, and support motion pictures, performances, and achievements.”

But, “Public communications (including any social media posts, re-posts, shares, and comments) by Academy members, motion picture companies, or individuals directly associated with an eligible motion picture may not:

  • State voting decisions, preferences, or strategies.

  • Encourage or discourage members to vote for any motion picture, performance, or achievement.

  • Reference a motion picture meeting, not meeting, or exceeding Oscars eligibility requirements, such as Inclusion Standards or theatrical distribution thresholds.

  • Share misleading or false information about a motion picture, performance, or achievement.”

 The academy also clarified its “general communication” guidelines for members – including that voters “may not discuss your voting preferences and other members’ voting preferences in a public forum. This includes comparing or ranking motion pictures, performances, or achievements in relation to voting. This also includes speaking with press anonymously.”

Read the full list of changes and regulations here. The 2024 Oscars will take place on March 10, 2024.

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