Law No. 1117 divides in two: for one group of publications a decision-stamp-envelope regime, for another group a direct publication prohibition. The second group is in additional Art. 2.
The Full Text of the Article
Additional Article 2 (Amended: 11/5/1988-3445/13) - No publication of a nature having a harmful effect on the morals of those under 18 years of age may be made in periodicals appearing at intervals of less than a month and their supplements, in cinema and film posters of all kinds, in advertisements, in photographs, in reliefs and posters of all kinds, in postcards and in calendars.
Scope
| Type of publication | Note |
|---|---|
| Periodicals appearing at intervals of less than a month | Daily and weekly publications - including their supplements |
| Cinema and film posters of all kinds | - |
| Advertisements | - |
| Photographs | - |
| Reliefs and posters of all kinds | - |
| Postcards | - |
| Calendars | - |
The Two Regimes Compared
| Issue | The Art. 4 regime | The additional Art. 2 regime |
|---|---|---|
| Which publications? | Periodicals appearing at intervals of more than a month and printed works such as books | Periodicals appearing at intervals of less than a month, posters, advertisements, photographs, postcards, calendars |
| Is a Board decision needed? | Yes - Art. 2/1 | Not provided for in the article - a direct prohibition |
| Consequence | The stamp, the envelope, display and advertising prohibitions | No publication may be made |
| Sanction | Art. 7 - a fine | A direct reference to the penal code |
| Fund levy | Yes - additional Art. 1 (25% / 40%) | No |
The Direct Reference to the Penal Code
The second sentence of additional Art. 2 makes two separate references according to the offender:
- In respect of the owners and responsible editors of periodicals - the penal provisions in the second paragraph of the relevant article of the penal code,
- In respect of those who print, reproduce, sell and publicly use posters, advertisements, photographs, posters, postcards and calendars - the penal provisions in the first paragraph of the same article.
The List of Acts Is Broad
What Does It Mean for a Daily Newspaper?
Periodicals appearing at intervals of less than a month - that is, daily and weekly newspapers - are within the scope of additional Art. 2. That has two practical consequences:
- For a daily newspaper the Board decision and stamp regime does not operate; there is a direct prohibition.
- Responsibility lies with the owner of the periodical and the responsible editor.
However, the obligation to send copies in Art. 8 also applies to periodicals appearing at intervals of less than a month: two copies of each issue of the periodical are sent to the Board Chairmanship. We cover the detail in the copy delivery guide.
Does the Science and Art Exception Apply Here Too?
Article 6: works possessing intellectual, social, scientific and aesthetic value are outside the scope of this law. The article is a provision on scope for the whole of the Law. We cover the detail in the science and art exception guide.
Poster and Postcard Rules
We deal separately with the practical rules for cinema posters, posters and postcards in the posters guide.
Summary
Additional Art. 2 of Law No. 1117 directly prohibits publication of a nature having a harmful effect on the morals of those under 18 in periodicals appearing at intervals of less than a month and their supplements, in cinema and film posters, advertisements, photographs, reliefs and posters of all kinds, postcards and calendars. That group of publications is outside the stamp and envelope regime of Art. 4; the sanction is determined by a direct reference to the penal code.