A Board decision does not by itself impose a prohibition; it starts a chain of obligations. The whole chain is in Art. 4 of Law No. 1117.
The Steps of the Chain
| Step | What happens? | Para. |
|---|---|---|
| 1. The decision | The Board decides that the work is harmful to minors | Art. 2/1 |
| 2. Notification | The decision is notified to the owners, responsible editors and copyright holders - under the provisions of the Notification Law | Art. 4/1 |
| 3. Announcement | The Board takes the necessary measures to announce the decision to those concerned at once | Art. 4/1 |
| 4. The stamp | The stamp or mark "Harmful to minors" is applied to the front covers of the works in hand | Art. 4/2 |
| 5. The limitations | Stamped works become subject to five prohibitions | Art. 4/4 |
| 6. Sealed sale | May be sold only to those over 18, in an opaque envelope or bag | Art. 4/5 |
The Stamp Obligation - Arts. 4/2 and 4/3
On notification, the owners of the work, the copyright holders and the responsible editors are obliged to apply the stamp or mark "Harmful to minors" to the front covers of the works in their hands.
It is compulsory for the phrase "Harmful to minors" to be written in a form and size that anyone can easily see and read.
Five Limitations - Art. 4/4
Works stamped in that way:
| Subpara. | Prohibition |
|---|---|
| a | May not be sold at open stalls or by itinerant distributors |
| b | May not be displayed in shops, shop windows and similar places |
| c | May not be transported openly from one place to another for the purpose of display, and orders for them may not be accepted by distributors |
| d | May not be advertised in newspapers, magazines, wall and hand bills, by radio and television or by other means, and no advertising or propaganda may be made for their sale |
| e | May not be shown or given to minors for money or free of charge and may not be brought in any way into schools and similar places |
We cover the scope of subparagraph (d) in the advertising guide and the sealed sale regime in the sealed sale guide.
Copies Already Distributed
Art. 4/6: those holding for sale such printed works distributed before the notification of the Board's decision are also obliged to comply with the limitations in this article from the date the Board's decisions are announced to those concerned.
The Three-Times Rule - Art. 4/7
The subsequent issues of printed periodical works, and the subsequent editions of other printed works, in respect of which the Board has decided three times that they are harmful to minors, are also subject to the limitations stated in this article without the need for a further decision.
But the same paragraph leaves a way out: the owners of such works may apply to the Board and request an examination, claiming that the subsequent issues and editions of their works are not of a nature harmful to minors. If the Board finds the application justified, the limitations in this article are not applied to the subsequent issues and editions.
We cover that route of application in the objection guide.
A Financial Obligation Also Arises
A Board decision also starts a payment obligation: under additional Art. 1/b a sum at the rate of 40% of the total sale price including VAT of the print run of the work is paid to the Treasury, to be transferred to the Mass Housing Fund, within one month of the date of notification of the Board's decision.
We cover the detail in the Mass Housing Fund guide.
Summary
A harmful publication decision is notified to the owners and responsible editors under the provisions of the Notification Law. On notification it is compulsory to stamp "Harmful to minors" on the front cover; stamped works become subject to the prohibitions on sale at open stalls, display, transport, advertising and giving to minors, and may be sold only to those over 18 in an opaque envelope or bag. For periodical works in respect of which three harmful publication decisions have been given, subsequent issues are subject to the same limitations without the need for a further decision.