Posters, prints and postcards fall within the second regime of Law No. 1117: there is no stamp and no envelope, but a direct publication prohibition.
Why a Separate Regime?
The logic of the stamp and the envelope was designed for a publication that has a cover and is sold. A poster is put up, a postcard is visible - it cannot be placed in an envelope. That is why the Law separated this group in 1988.
| Type of publication | The stamp and envelope regime (Art. 4) | A direct prohibition (additional Art. 2) |
|---|---|---|
| Periodicals appearing at intervals of more than a month, books | Yes | No |
| Periodicals appearing at intervals of less than a month and their supplements | No | Yes |
| Cinema and film posters of all kinds | No | Yes |
| Advertisements | No | Yes |
| Photographs | No | Yes |
| Reliefs and prints of all kinds | No | Yes |
| Postcards | No | Yes |
| Calendars | No | Yes |
The Text of the Prohibition - Additional Art. 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 prints of all kinds, in postcards and in calendars.
Who Is Responsible? Two Separate Groups
| Group | Who | Reference |
|---|---|---|
| 1 | The owners and responsible editors of periodicals | The second paragraph of the relevant article of the penal code |
| 2 | Those who print, reproduce, sell and publicly use posters, advertisements, photographs, reliefs and prints of all kinds, postcards and calendars | The first paragraph of the same article |
The Reference to the Penal Code
What Does Not Apply to This Group
- A Board decision and notification - Art. 4/1 expressly excludes this group.
- The "Harmful to minors" stamp - Art. 4/2 does not apply.
- Sealed sale - Art. 4/5 does not apply.
- The Mass Housing Fund levy - additional Art. 1 expressly excludes this group.
We cover the scope of the fund levy in the Mass Housing Fund guide.
But These Do Apply
| Provision | Why does it apply? |
|---|---|
| Art. 6 - the science and art exception | It is a provision on scope for the whole of the Law |
| Art. 8 - sending copies | It applies to every issue of a periodical; periodicals appearing at intervals of less than a month are periodicals too |
| Additional Art. 3 - the two-month trial period | The phrase "cases arising from the offences written in this Law" is general |
We cover the science and art exception in the exception guide and the copy obligation in the copy delivery guide.
Newspaper Supplements Are Also Within the Scope
A Practical Checklist
- Is the material I am producing a poster, print, postcard, calendar, photograph or advertisement?
- Does my publication appear at intervals of less than a month? Does it have a supplement?
- Can the content have a harmful effect on the morals of those under 18?
- Will the material be used publicly - put up, exhibited?
- Does the content possess intellectual, social, scientific or aesthetic value? (Art. 6)
Summary
Cinema and film posters, advertisements, photographs, reliefs and prints of all kinds, postcards, calendars, and periodicals appearing at intervals of less than a month and their supplements, are within the scope of additional Art. 2 of Law No. 1117: no publication of a nature having a harmful effect on the morals of those under 18 may be made in them. The stamp and envelope regime and the fund levy do not apply to that group; in return, those who print, reproduce, sell and publicly use them are held directly responsible.