Key Benefits:
Bs. As., 16/3/84
VISTO Article 2 of Law No. 23.052, and the powers vested in the Executive Branch in article 86, paragraph 2 of the National Constitution, and
CONSIDERING:
That the standards proposed by the National Institute of Cinematography that integrate the Film Qualification Scheme project are in line with the requirements and spirit of Law No. 23.052.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 Artículo Please refer to the regulation of Act No. 23.052 which contains the annex as an integral part of the present decree. Art. 2o o All assets, documentation and archives of the Film Qualification Ent (Law No. 18,019) shall be subject to prior inventory and from the promulgation of this decree, to be part of the heritage of the National Film Institute. Art. 3o o The National Film Institute will propose to the Executive Branch within 90 days of the date of this decree the necessary measures to resolve the fate of the staff of the Film Qualification Ente. Art. 4o Contact, post, give to the National Directorate of the Official Register and archvese.ALFONSIN
Antonio A. Tróccoli Carlos R. S. Alconada Aramburú ANEXO REGLAMENT OF LAW 23.052 REGIMEN OF CINEMATOGRAPHIC PELIFICATIONArticle 1 La The rating of cinematographic films intended to be exhibited in open rooms to the public will be performed without any censorship.
The qualification criterion should be for the protection of minors, and uninformed third parties, against pornographic, macabre or excessively violent displays, which may induce them to adopt approaches or habits that signify an intellectual or affective deformation.
Article 2 . No Argentine or foreign film, 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.
Article 3 La The qualification of the material must be set in some of the following categories:
(a) Suitable for all audiences.
(b) Just fit for over 13 years.
(c) Just fit for over 18 years.
(d) Only suitable for persons over 18 years of age, of conditioned exhibition.
These qualifications may include the following clarifications:
Recommended for children's audience - With reservations.
In addition, the National Institute for Cinematography may provide any comments it deems appropriate.
Children under the age of 13 may be able to witness cinematographic exhibitions only suitable for those above that age in the company of their parents or guardians, provided that they properly credit the link.
Article 4 . Materials qualified as only suitable for persons over 18 years of age, of conditional exhibition, can only be projected in the rooms specially authorized by the municipal authority for special exhibitions. These rooms should be identified with characters that are visible on the outside of them. They 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 pornographic, macabre or apologetic character of the violence of it. They will also not be able to exhibit other material than the one qualified as only suitable for persons over 18 years of age, of conditioned exhibition.
Article 5 . The qualifications, recommendations and observations referred to in Article 3 must accompany all advertising, programming ballots or equivalent documents, which make the producers, distributors or exhibitors.
Article 6 . At the beginning of any film, tail or commercial advertising, a take of not less than ten (10) seconds should be inserted in which the full qualification of the material is read.
Article 7 . The queues, short films, commercial advertising that have the qualifications of Article 3 (b), (c) or (d) may not be disseminated within the minor restrictive programs that have been granted to them.
Article 8 . The National Institute of Cinematography may not effect, nor require any type of cut or modification to the materials. You must qualify them as presented to you. Producers, distributors or exhibitors may not make cuts or modifications to the material without a fruitful authorization from the holder of intellectual rights.
Article 9 . If with the authorisation of the person who possesses the intellectual rights of the film material, modifications after his or her qualification are made, it must be requalified. Both in the case of the previous article and in the case of the article, the authorisation must be added to the qualification file.
Article 10. . When modifications have been improperly made after the material's qualification, the National Film Institute may suspend the exhibition. For its subsequent exhibition it must be requalified.
Article 11. Los Qualification certificates will be valid permanently, however, when applying for new qualifications after five years after the date of their issuance.
Article 12 . Prohibited films or who have received courtesies for the application of the regime established by Law 18.019 may be exhibited in full once they are subject to the qualification regime provided for by these regulations.
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: Exempts.
(b) Colas of national films: Exempts.
(c) Foreign films: Argentine pesos ten thousand ($ 10,000).
(d) Colas of foreign films: Argentine pesos thousand ($a 1000).
(e) Commercial advertising: Argentine pesos ten thousand ($ 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: Exempts.
(b) Suitable for all audiences: Argentine pesos five thousand ($5000).
(c) Only suitable for those over 13 years: Argentine pesos 5,000 ($5000).
(d) Only suitable for persons over 18 years of age: Argentine pesos five thousand ($5000).
(e) Only suitable for persons over 18 years of conditioned exhibition: Argentine pesos twenty-five thousand ($ 25,000).
The amounts indicated will be updated quarterly by the National Institute of Cinematography on the basis of the variation in the price index to the 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, following the opinion of the Advisory Commission on Film Exhibitions, which will be mandatory.
The Commission shall operate in three (3) rooms. 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 Israelite 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 of Cinematography and shall serve for the term of one (1) year. Those who are not employees or public officials, will sign a contract for the specified time and will review 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.
Article 15. : They will be punished:
(1) With a fine up to Weights Three hundred thousand ($ 300,000) and/or close the cinematograph up to Fifteen (15) days:
(a) The exhibitors, owners, administrators or film entrepreneurs, when in the rooms where qualified films are displayed Only suitable for persons over the age of 13 or 18 have access to the same minors of the ages indicated, in accordance with Article 3.
(b) Those responsible for violations of Articles 5, 6 and 7.
(2) With a fine up to the Argentine Pesos Quinientos Mil ($500,000) and/or close the cinematograph up to 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, 2nd paragraph and 10th.
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 of Cinematography will apply preliminary summary sanctions. It shall quote the summary by granting it a period of ten (10) working days to present its defence and offer the relevant evidence, which shall be governed by the provisions of Title VI of Decree 1.759/72
Article 17. . Contra las sentenciatorias recaídas en los sumarios administrativo may appeal to the Magistrate ' s Magistrate in the correctional matters in turn, within ten (10) working days of notifying the judgement, which must be granted in the relationship and only with a return effect.
Fines imposed by the National Institute of Cinematography shall be deposited in its order until the appeal is resolved.
Article 18. . The procedure established in the Code of Criminal Procedure shall be applied in the appeal proceedings.
The collection of firm fines not paid in full shall be effected by the procedure of fiscal execution provided for in Articles 604 and 605 of the Code of Civil and Commercial Procedure of the Nation by providing sufficient title to the debt ballot issued by the National Institute of Cinematography.
Article 19. El The Film Development Fund established by Article 24 of Law No. 17.741 as amended by Law No. 20.170 will be increased with the amounts of fines and rights set out in this Decree.
Article 20. . The fines applied by the Film Qualification Ente (Law No. 18,019), which enter after the promulgation of the law that is regulated, will be perceived by the National Film Institute for the Film Development Fund.
Article 21. El The National Institute of Cinematography will agree with the provincial governments, to adhere to this qualification system, the collaboration that the municipalities and the police of their jurisdiction can provide for the implementation of this decree.
