How a publication found harmful may be sold is written out in detail in the Law. The rule is a single sentence but contains three separate conditions.
The Sealed Sale Rule - Art. 4/5
(Amended: 11/5/1988-3445/10) - Such works may be sold only to those over 18 years of age in an envelope or bag whose interior cannot be seen. No writing or picture other than the name of the work and the phrase "Harmful to minors" may appear on those envelopes and bags.
| Condition | Content |
|---|---|
| 1. The buyer | Must be over 18 |
| 2. The packaging | An envelope or bag whose interior cannot be seen |
| 3. On the packaging | Only the name of the work and the phrase "Harmful to minors" - no other writing or picture whatever |
The Stamp Rule - Arts. 4/2 and 4/3
Before the envelope, the stamp is applied to the work itself: 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 to be written in a form and size that anyone can easily see and read.
Display and Sale Prohibitions - Art. 4/4
For stamped works the Law lists five prohibitions; three of them concern sale and display directly:
- (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.
The Ban on Giving to Minors and Bringing into Schools
(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.
Who Must Comply?
| Who | From when | Para. |
|---|---|---|
| The owner of the work, the copyright holder, the responsible editor | On notification | Art. 4/2 |
| Those holding it for sale (dealers, sellers) | From the date the Board's decisions are announced to those concerned | Art. 4/6 |
Sanction
Art. 7 punishes breaches of those obligations separately:
- (a) Owners of the work, responsible editors and copyright holders who publish their works unstamped although notification has been made to them,
- (b) Those who, contrary to the fourth paragraph, sell, display, transport, accept orders for, advertise, show, give and bring into schools stamped or unstamped works in the ways stated in the subparagraphs,
- (c) Those who sell without putting the work in an envelope or bag or in an envelope or bag contrary to the prescribed characteristics.
We cover the amounts of the penalties in the penalties guide.
The Voluntary Stamp
The Law also allows the stamp to be applied without a Board decision (Art. 4, final paragraph). A publisher choosing that route becomes subject to the same regime and also pays a fund levy at the rate of 25%. We cover the detail in the voluntary label guide.
Summary
Works found harmful may be sold only to those over 18, in an envelope or bag whose interior cannot be seen; no writing or picture other than the name of the work and the phrase "Harmful to minors" may appear on the envelope. The stamp is applied to the front cover of the work in a form and size that anyone can easily see and read. Sale at open stalls and by itinerant sellers, display in shops and shop windows, open transport and giving to minors are prohibited.