The whole Law is limited by a single sentence. That sentence is the most important line of defence in the harmful publications regime.
The Full Text of the Article
Article 6 - Works possessing intellectual, social, scientific and aesthetic value are outside the scope of this law.
Four Values
| Concept | Its meaning today |
|---|---|
| Intellectual value | Value of thought |
| Social value | Value to society |
| Scientific value | Value as science |
| Aesthetic value | Aesthetic/artistic value |
The Constitutional Basis of the Exception
Art. 27 of the Constitution: everyone has the right to learn and teach, express and disseminate science and art freely, and to carry out research of every kind in those fields. Art. 6 of Law No. 1117 is the reflection of that constitutional freedom at the level of statute.
We cover the detail in the Art. 27 guide.
The Exception and the Criterion of Examination Together
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 (Art. 2/2). Art. 6, in turn, narrows the scope of the examination: works possessing the values listed are already outside the scope of the Law.
| Stage | Question | Basis |
|---|---|---|
| 1 | Does the work possess intellectual, social, scientific or aesthetic value? | Art. 6 |
| 2 | If not: will it have a harmful effect on the morals of those under 18? | Art. 1 |
| 3 | Was the assessment made according to the general aims and basic principles in Law No. 1739? | Art. 2/2 |
What Does the Exception Not Cover?
The publication prohibition in additional Art. 2 is also a separate regime and refers directly to the penal code. We cover the detail in the additional Article 2 guide.
The Constitutional Limit: Proportionality
Where it is disputed whether a work falls within the scope of Art. 6, the assessment passes through the filters of Art. 13 of the Constitution: a limitation may not touch the essence of the right and may not be contrary to the requirements of the democratic order of society and to the principle of proportionality.
We cover the detail in the Art. 13 guide.
The Practical Result for a Publisher
- Make the scientific, academic or artistic character visible in the work itself - preface, bibliography, imprint, author biography.
- If a Board examination begins, the Art. 6 exception is the first point of defence.
- For a periodical in respect of which three harmful publication decisions have been given, an application under Art. 4/7 may be made for the subsequent issues.
We cover the route of application in the objection guide.
Summary
Art. 6 of Law No. 1117 leaves works possessing intellectual, social, scientific and aesthetic value outside the scope of the Law. That exception is the statutory counterpart of the freedom of science and art in Art. 27 of the Constitution. The exception does not remove the procedural obligations of the Law, such as sending copies.