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 ANEX REGLAMENT DE LA LEY 23.052 REGIMEN DE CALIFICATION DE PELICULATIONS CINEMATOGRAPHICArticle 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 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 replaced by Article 1 of the Decree No. 3899/1984 B.O. 21/12/1984)Article 2 . No Argentine or foreign film . 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 replaced by Article 1 of the Decree No. 3899/1984 B.O. 21/12/1984)Article 3 La The qualification of the material must be set in one 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
con with reservations
. regarding the material included in categories (a), (b) and (c) the reference if the film is suitable to be displayed on 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 exhibitions provided for in subparagraph (b) of this article, as well as those under the age of 16, those provided for in subparagraph (c), in the company of their parents or guardians, and provided that the link is properly credited.
Commercial advertising will be qualified according to either of these two categories: "apta for every public" or "only suitable for 16 years."
(Article replaced by Article 1 of the Decree No. 440/1994 B.O. 30/03/1994)Article 4 . Qualified materials as only suitable for persons over 18 years of age, of conditioned exitition, 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 replaced by Article 1 of the Decree No. 3899/1984 B.O. 21/12/1984)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 and commercial advertising to which the qualifications of Article 3 (b), (c), (d) or (e) are attributed may not be disseminated within the minor restrictive programmes to which they have been granted.
(Article replaced by Article 1 of the Decree No. 3899/1984 B.O. 21/12/1984)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: exempt.
(b) Balls of national films: exempt.
(c) Foreign films: AUSTRALES A MILLON QUINIENTS MIL (A 1.500.000.-).
(d) Foreign films: AUSTRALES CINCUENTA MIL (A. 150,000.-).
(e) Commercial advertising: AUSTRALES UN MILLON QUINIENTS MIL (A 1,500,000.-).
The following amounts shall also be awarded as certificate law:
(a) Suitable for all audiences, recommended for children's audience: exempt.
(b) Suitable for all audiences: AUSTRALES SEISCIENTOS MIL (A 600.000.-).
(c) Only suitable for persons over 13 years of age: AUSTRALES SEISCIENTS MIL (A 600.000.-).
(d) Only suitable for 16 years: AUSTRALES SEISCIENTS MIL (A 600.000.-).
(e) Only suitable for persons over 18 years of age: AUSTRALES SEISCIENTS MIL (A 600.000.-).
(f) Only suitable for persons over 18 years of conditioned exhibition: AUSTRALES SEIS MILLONES (A 6,000.000.-).
Foreign films that have won awards from the Official Jury at festivals recognized by the INTERNATIONAL FEDERATION OF FILMS PRODUCTORS will pay half of the sums expressed in the preceding cases.
Argentinian films will be exempt from payment of certificate right.
The amounts indicated in this article will be updated quarterly by the NATIONAL INSTITUTE OF CINEMATOGRAPHA on the basis of variation of price index to the greater, general level, which publishes the NATIONAL INSTITUTE OF STATISTIC AND CENSES. The first update will be made to the NOVENTA (90) days of the date of publication of this decree.
(Article replaced by Article 1 of the Decree No. 734/1990 B.O. 26/04/1990Note Infoleg: updates to the amounts of the tariffs contained in this article are available by clicking on the link "This rule is complemented or modified by standard X(s).")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 member proposed by the Ministry of the Interior. (Replaced by art. 1 Decree No. 623/2006 B.O. 18/05/2006)
The members of the Commission representing the NATIONAL INSTITUTE OF CINEMATOGRAFIA shall belong to the permanent or non-permanent plant of that Institute, in accordance with the relevant needs and review at the 21st level of the Scalephon General. (Third paragraph replaced by article 1 Decree No. 734/1990 B.O. 05/02/1990)
The appointment of the members referred to in subparagraphs (b), (c), (h) and (i) shall not lead to any erogation from the NATIONAL INSTITUTE of CINEMATOGRAPHY, and such representation must be paid to officials who make up the plantel of the proposed agencies. Public officials and employees who are members of the Commission may be attached to the Commission under Decree No. 2058/85. (Fourth paragraph incorporated by art. 1 of the Decree No. 734/1990 B.O. 05/02/1990)
Members referred to in subparagraphs (d), (e) and (f) shall act ad-honorem without prejudice to the retribution they may receive from the proposed institutions. (Fifth paragraph incorporated by art. 1 of the Decree No. 734/1990 B.O. 05/02/1990)
All members of the Commission shall be appointed by the NATIONAL INSTITUTE OF CINEMATOGRAPHY, on the proposal of the agencies and institutions that integrate it and shall last in their functions for the term of one (1) year. (Sixth paragraph incorporated by art. 1 of the Decree No. 734/1990 B.O. 05/02/1990)
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 on the scope and modality of the reconsideration remedy that may be submitted to the following qualifications:
(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; and
(e) Only suitable for persons over 18 years of conditioned exhibition
(Last paragraph replaced by article 1 Decree No. 1274/1987 B.O. 05/02/1988 Decree No. 3899/1984 B.O. 21/12/1984)Article 15. : They will be punished:
(1) With fines of up to AUSTRALES SEIS MILLONES (A 6,000.000.-) and/or closure of the filmmaker up to QUINCE (15) days.
(a) The exhibitors, owners, administrators or cinematographic entrepreneurs, when in the rooms in which the films are displayed are qualified as only suitable for those over 13, 16 or 18 years of age, allow access to them of minors, whose ages are lower than those indicated according to article 3.
(b) Those responsible for violations of articles 5, 6 and 7.
(2) With a fine of up to AUSTRALES DOCE MILLONES (A 12,000.000.-) and/or closure of the cinematographer up to TREINTA (30) days.
(a) Producers, distributors, exhibitors, owners, administrators or film entrepreneurs for the display of materials that have not been qualified in the form prescribed by the Law.
(b) Those responsible for the violations of articles 4o, 8o ysecond paragraph y and 10.
In the event of recidivism, the closure of the aforementioned cinematographer will be available until SESENTA (60) days.
(Article replaced by Article 1 of the Decree No. 734/1990 B.O. 26/04/1990Note Infoleg: updates to the amounts of the fines set out in this article are available by clicking on the link "This rule is complemented or modified by standard X(s).")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.
(Article replaced by Article 1 of the Decree No. 3899/1984 B.O. 21/12/1984)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.
Background - Article 3, replaced by art. 1st Decree No. 3899/1984 B.O. 21/12/1984; - Article 13, replaced by art. 1o of Decree No. 3899/1984 B.O. 21/12/1984; - Article 15, replaced by art. 1o of Decree No. 3899/1984 B.O. 21/12/1984;
