An examination begins in one of two ways: by the Board's own decision or upon an application. The Law determines who may apply by listing them.
The Full Text of the Article
Article 3 (Amended: 6/3/1986-3266/3) - The Board may examine of its own motion the works shown in Article 1, and also examines and decides the applications of official authorities, of associations that include the protection of children and young people among their aims, and of women's and press associations and organisations.
Two Routes of Examination
| Route | Who sets it in motion? |
|---|---|
| Examination of its own motion | The Board itself - no application needed |
| Examination upon an application | The three groups listed below |
Who May Apply?
- Official authorities
- Associations that include the protection of children and young people among their aims
- Women's associations and organisations
- Press associations and organisations
By What Criterion Is the Examination Made?
Art. 2/2: in its examination the Board is obliged to have regard to the general aims and basic principles in Basic Law of National Education No. 1739. The criterion has not been left abstract in the Law but tied to another statute.
Works That Cannot Be the Subject of an Examination
Article 6: works possessing intellectual, social, scientific and aesthetic value are outside the scope of the Law. We cover the detail in the science and art exception guide.
Art. 4/1, in turn, leaves a group of publications outside the stamp and envelope regime: periodicals appearing at intervals of less than a month, and cinema and film posters of all kinds, advertisements, photographs, reliefs and posters of all kinds, postcards and calendars. Their regime is in additional Art. 2.
May the News Be Reported While the Board Is Examining?
We cover the detail in the reporting ban guide.
How Does a Work Reach the Board? - The Copy Obligation
For the Board to be able to see works there is an obligation of delivery. Article 8: two copies of each printed work and of each issue of a periodical are sent to the Board Chairmanship on the working day following publication, against a receipt.
We cover the detail in the copy delivery guide.
What Happens After the Decision?
Art. 4/1: the decision is notified to the owners, responsible editors and copyright holders of printed works examined by the Board and decided to be harmful to minors. Notification is made under the provisions of the Notification Law. The Board takes the necessary measures to announce that decision to those concerned at once.
We cover the obligations arising after notification in the measures guide.
Summary
The Board may examine works of its own motion and also examines and decides the applications of official authorities, of associations that include the protection of children and young people among their aims, and of women's and press associations and organisations. The criterion of examination is the general aims and basic principles in Basic Law of National Education No. 1739. Reporting that an examination is under way and that a work will be restricted is prohibited.