Bs. As., 14/12/84
VISTO the Regulations of Law 23.052, approved by Decree No. 828/84 and the amendment to that legal order by Law No. 23.076 and
That after more than eight months of application of the system established by the aforementioned Regulation, the desirability of partially modifying its regime has been pondered.
That, coincidentally, various sectors of culture and cinematography consider such modifications necessary.
That for the purpose of specifying how members of the Advisory Commission on Film Exhibitions must exercise their role in the legislation now in force and on the understanding that freedom of expression must be jealously guarded without exercising any administrative limitation that may be interpreted as prior censorship, it has been considered appropriate to emphasize the obligation that such officials have under article 164 of the Code of Criminal Procedure to direct the Judiciary of the Case, 128
It is advisable to introduce an intermediate category among the categories of films suitable for those over the age of 13 and 18 years, since during those five years there is a life-long period of the human being where constant and graduable modifications, physical, psychic and spiritual that are left to justify the creation of the category "Only suitable for those over 16 years".
That it is necessary to attribute to the National Institute of Cinematography the necessary powers so that, according to the actual requirements, set the number of Rooms of the Advisory Commission on Cinematographic Exhibitions.
It is equally desirable that the National Institute of Cinematography rule through the resolution the remedy of reconsideration that the interested parties can assert against the qualification that fits the material as "Only suitable for persons over 18 years of age, of conditional exhibition", giving it also the powers to regulate the internal functioning of the Advisory Commission on Cinematographic Exhibitions and the procedure to be applied in the sums to which it is appropriate to work for such violations.
That the National Executive Power is empowered to issue the measure, in order to the powers conferred by article 86, paragraph 2 of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 Artículo Replace Articles 1 or 2 or 4 or 13, 14, 15 and 16 of the Regulations of Law No. 23.052, adopted by Decree No. 828 of 16 March 1984, with the following:
"Article 1 La The rating of cinematographic films intended to be exhibited in open rooms will be made without any censorship.
The qualification should protect minors against exhibitions that involve a particular danger of intellectual, emotional or moral disturbance and unwilling adults to witness exhibitions that offend the sensitivity or sexual might of reasonable individuals. Members of the Advisory Commission individually or collectively shall, in accordance with article 164 of the Code of Criminal Procedure, make the corresponding complaint if a film is deemed to be in violation of article 128 of the Criminal Code and publicly displayed. "
"Article 2 . No Argentine or foreign film entender should be understood by such any record of images in motion, tail or commercial advertising ,, may be publicly displayed in the Federal Capital, national territories or in the provinces that dictate express rules of adherence to the law regime, without the certificate of qualification issued by the National Institute of Cinematography.
It excludes from the concept of commercial advertising the material made through the system of fixed photographs or 'photo-animation'. "
"Article 3 La The qualification of the material must be set in some of the following categories:
(a) Suitable for every public;
(b) Only suitable for persons over 13 years of age;
(c) Only suitable for persons over 16 years of age;
(d) Only suitable for persons over 18 years of age;
(e) Only suitable for persons over 18 years of age, of conditioned exhibition.
These qualifications may include the following clarifications:
Recommended for children.
With regard to the material included in categories (a), (b) and (c) the reference if the film is suitable for television.
In addition, the National Institute for Cinematography may provide any comments it deems appropriate.
Children under the age of 13 may witness the cinematographic displays provided for in subparagraph (b) of this article in the company of their parents or guardians and provided that the link is duly credited.
Commercial advertising will be qualified according to either of these two categories: "apta for every public" or "only suitable for over 18 years."
"Article 4o . Qualified materials as only suitable for persons over 18 years of age, of conditioned exillion, can only be projected in the rooms specially authorized by the municipal authority for exhibitions of this nature. These rooms should be identified with characters that are visible on the outside of them. You will not be able to display photos, posters or drawings, limiting advertising exclusively to the title of the film, cast and rating. In no case can the title of the film emphasize the theme of the film. The mentioned cinematographic rooms will also not be able to exhibit other material than the one described as "only suitable for persons over 18 years of conditioned exhibition."
"Article 7o Artículo The queues, short films and commercial advertising to which the qualifications of Article 3 (b), (c), (d) or (e) are attributed may not be diffused within the less restrictive programmes to which they have been granted. "
"Article 13. Toda Any qualification request must pay in the form of qualification rights, at the time of submission of the material, the following amounts:
(a) National films: External;
(b) Balls of national films: Exempts;
(c) Foreign films: Argentine pesos ten thousand ($ 10,000);
(d) Foreign films: Argentine pesos a thousand ($a 1,000);
(e) Commercial advertising: Argentine pesos ten thousand ($ 10,000);
The following amounts shall also be received under certificate law at the time of issuance:
(a) Suitable for all audiences, recommended for children's audience:
(b) Suitable for all audiences: Argentine pesos five thousand ($a 5,000);
(c) Only suitable for those over 13 years: Argentine pesos five thousand ($ 5,000);
(d) Only suitable for 16 years of age: Argentine pesos five thousand ($ 5,000);
(e) Only suitable for 18 years of age: Argentine pesos five thousand ($ 5,000);
(f) Only suitable for persons over 18 years of age, of conditioned exhibition: Argentine pesos twenty-five thousand ($ 25,000).
The amounts indicated will be updated quarterly by the National Institute of Cinematography on the basis of variation of the wholesale price index, general level, published by the National Institute of Statistics and Censuses. The first update will be made at 90 days of the publication of this decree. "
"Article 14. El The National Institute of Cinematography will give the qualification and the corresponding certificate of opinion of the Advisory Commission on Film Exhibitions, which will be mandatory.
The Commission will operate with the number of rooms established by the National Film Institute. Each of them shall be constituted as follows:
(a) A representative of the National Institute of Cinematography;
(b) A member proposed by the Ministry of Education and Justice Ministry of Education;
(c) A member proposed by the Secretariat for Human Development and Family;
(d) A member proposed by the Episcopal Team for the Media of Social Communication of the Roman Catholic Apostolic Church;
(e) A member proposed by the Israeli Cult;
(f) A member proposed by non-Catholic Christian Confessions;
(g) A graduate in Psychology, Psychopedagogy or Education Sciences appointed by the National Institute of Cinematography;
(h) A film critic proposed by the Ministry of Education and Justice Ministry of Culture;
(i) A lawyer proposed by the Ministry of the Interior.
All members of the Commission shall be appointed by the National Institute for Cinematography and shall serve for the term of one (1) year. Non-employed or public officials shall enter into a contract for the specified time and re-dress as agents category 21. Public officials and employees who are members of the Commission may be attached to it under Decree No. 1347/80.
The National Institute of Cinematography will issue the internal rules of operation of the Advisory Commission on Film Exhibitions.
The National Institute of Cinematography shall also regulate in accordance with the principles set out in article 1 of Act No. 19.549, as amended by Act No. 21.686, the scope and modalities of the remedy of reconsideration that the interested parties may apply to the qualification that fits the material presented as only suitable for persons over 18 years of conditional exhibition. "
"Article 15. : They will be punished:
(1) With fines up to three hundred thousand pesos ($300,000) and/or closure of the cinematographer up to fifteen days (15):
(a) The exhibitors, administrator owners or cinematographic entrepreneurs, when in the rooms in which films are displayed are qualified as only suitable for those over 13, 16 or 18 years of age, they have access to the same minors as indicated in Article 3;
(b) Those responsible for violations of Articles 5, 6 and 7.
(2) With a fine of up to five hundred thousand pesos ($500,000) and/or the closing of the cinematograph of up to twenty (20) days:
(a) Producers, distributors, exhibitors, owners, administrators or film entrepreneurs, for the display of materials that have not been qualified in the manner prescribed by law;
(b) Those responsible for violations of articles 4th, 8th (second paragraph) and 10.
In the event of recidivism or repetition of the offences, the closure of the cinematographer may be made for a period of up to thirty (30) days. "
"Article 16. El The National Institute for Cinematography shall apply the penalties provided for in these regulations, after summary. To this end, it is empowered to regulate the procedure for which it is to be adjusted, in respect of the provisions of Act No. 19.549 and its regulations. "Art. 2o o Contact, post, give to the National Directorate of the Official Register and archvese.
ALFONSINCarlos R. S. Alconada Aramburú