THE ACT ON PROTECTION OF MINORS FROM HARMFUL AUDIOVISUAL PROGRAMMES UNOFFICIAL TRANSLATION
Chapter 1 Introduction Section 1 (The Objective of the Act) The objective of the Act is to protect minors against the harmful effects of exposure to moving images. Section 2 (Definitions) The following definitions apply in this Act: a) minors: persons under the age of 18 b) audiovisual programme: a set of moving images, with or without sound, that compose a demarked unit c) videogram: a disk, record, magnetic tape or other carrier of information with stored information that can produce living images in the form of a broadcast d) audiovisual programme distributor: whomsoever has, or has acquired, the rights to make available to the general public such audiovisual programmes in the Norwegian market place e) showing facility: cinemas and other arenas for the public viewing of moving images f) sales point: a physical place of business, Internet site and similar that sells tickets for the showing/viewing or display of audiovisual programmes or allows the general public access to physical videograms through sale or rental etc. g) seriously harmful content: portrayals in audiovisual programmes that can have a strong emotionally disturbing effect or be particularly cognitively disturbing for minors, particularly intimate portrayals of gender fixated sexual activity, gross violence and other deeply disturbing or frightening themes h) harmful content: portrayals in audiovisual programmes that can have an emotionally disturbing or cognitively disturbing effect on minors The Ministry may introduce additional rules on the interpretation of these definitions in this provision. Section 3 (Scope of application) The Act applies to the communication of audiovisual programmes to the public through: a) television and audiovisual subscription services encompassed under the Act of 4th December 1992 No. 127 on broadcasting and audiovisual subscription services. b) Showing at public gatherings in Norway, including cinemas and other showing or viewing facilities,
c) Communication to the general public of videograms in Norway when -
the audiovisual programme is made available by an enterprise that is registered in Norway or has its business address in Norway or by a person who is a Norwegian citizen residing in Norway, or
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the decision to make [the videogram] available to the general public is made in Norway.
The Ministry may introduce regulations on whether the Act should be invoked on Svalbard and Jan Mayen. The Ministry man also stipulate specific rules with regard to local conditions and/or circumstances. Section 4 (Branch bodies) The Ministry may by regulation delegate tasks encompassed under this Act to a branch body, hereby: a) the establishing of systems to ensure unified age limits b) tasks associated with information on age limits c) the preparation of potential obligatory or mandatory programmes to show age limits and target groups for audiovisual programmes, The Ministry may establish more detailed rules on the establishment of a branch body and the relationship between the Inspectorate Authority and the said body. Chapter 2 Protection measures Section 5 (Prohibitions) Audiovisual programmes with seriously harmful content may not be broadcasted via television. Section 6 (Age limits) An audiovisual programme cannot be made available without being age-classified in accordance with the rules laid down in this provision. When classified audiovisual programmes shall be given one of the following age limits: Alternative A: a) Permitted for all (“All”) b) 7 years c) 11 years d) 15 years e) 18 years Alternative B:
a) Permitted for all (“All”) b) 7 years c) 11 years d) 13 years e) 15 years f) 18 years Alternative C: a) Permitted for all (“All”) b) 6 years c) 9 years d) 12 years e) 15 years f) 18 years Classification shall be based on an assessment of whether the content of the audiovisual programme can be harmful to persons under the given age limit. Audiovisual programmes with seriously harmful content shall have an age limit of 18 years. Section 7 (Stipulating age limits for cinema films) Age limits for cinema films are set based on an advance control by The Norwegian Media Authority. Cinema films are defined for the purposes of this Act as audiovisual programmes that are primarily produced for showing in cinemas or other viewing locations. Exempted from advance control are cinema films that: a) will be shown with an 18 year age limit b) will be shown during film festivals and similar cultural arrangements c) include locally produced material. The Norwegian Media Authority cannot age-classify cinema films according to the Authority are in defiance of the Penal Code Section 204, Section 204 a or Section 382. If through its work The Norwegian Media Authority becomes aware of audiovisual programmes in defiance of the Penal Code Section 204 a, this shall be reported to the police. The Ministry may introduce additional exemptions from the demand for advance control. Section 8 (Stipulation of age limits applying to other audiovisual programmes) Audiovisual programmes not subject to pre-approval pursuant to Section 7, the age limit of the audiovisual programme shall be set by the distributor of the audiovisual programme. Exempted from the requirement for age classification referred to in section one, are audiovisual programmes that mainly consists of: a) News and current affairs b) Educational and research material
c) Informative content on voluntary, political and/or religious activities d) Music and music related material e) Sports and athletics f) Hobby, instructional and leisure-related material g) Direct broadcasts Age limits stipulated pursuant to Section 7 shall form the basis for all subsequent showing of the same audiovisual programmes within a period of ten years from the last classification date. Classification shall otherwise be executed on the basis of the guidelines stipulated by the Norwegian Media Authority. The Media Authority may by individual ruling overrule the limits set by an audiovisual programmes distributor pursuant to this provision. The Ministry may issue regulations stipulating additional exemptions from the requirements in this section and may issue additional rules for the preparation of guidelines for age classification. Section 9 (Communication of other content in proximity to audiovisual programmes) No additional material, hereunder advertising content and trailers for upcoming audiovisual programs that may be harmful to children under the prevailing age limit, may be shown in proximity to the audiovisual programme in question. Section 10 (Age controls etc.) Anyone who makes available audiovisual programmes classified pursuant to Sections 7 and 8 has a mandatory obligation to introduce suitable measures to ensure that age limits are adhered to. Measures to ensure that age limits are adhered to shall as the minimum include: a) Television: Audiovisual programmes with harmful content may only be broadcasted via television at times when minors as a general rule cannot view or hear the broadcasts, or unless technical measures have been initiated that prevent minors from viewing or hearing the broadcasts. b) On-demand audiovisual services: Service Providers have a duty to i.
offer measures that can be activated by the recipient to prevent the reception of audiovisual programmes with harmful content
ii.
initiate measures to prevent the reception of audiovisual programmes with seriously harmful content
c) Showing [in public places/gatherings]: The showing and sales facility shall prepare and initiate routines for age control when making available audiovisual programmes. Minors can, if accompanied by an adult, be allowed access to the showing of audiovisual programmes with age limits up to 15 years. d) Communication to the public of videograms: The showing and sales facility shall prepare and initiate routines for age control when showing audiovisual programmes.
The Ministry may issue further regulations regarding the duty to introduce suitable measures pursuant to this section. Section 11 (Duty to provide information) The general public shall be informed of age limits in a clear and neutral manner prior to the communication of the audiovisual programme. Information regarding the age limits of the audiovisual programmes shall as a minimum be made available as follows: a) Television: Service Providers must inform viewers of the age limits when announcing audiovisual programmes. Service Providers shall publish age limits in programme schedules and electronic programme guides. b) Audiovisual subscription services: Service Providers shall make the age limits accessible prior to acceptance of the final order as well as in the presentation and description of audiovisual programmes. c) Showing or viewing [in public places/gatherings]: The showing and sales facility shall ensure that age limits for audiovisual programmes are included in announcements, on the purchase of tickets and through information that shall be made available at the showing and sales facility. d) Showing or viewing and/or rental of videograms: The audiovisual programmes distributor shall ensure that the age limits for audiovisual programmes are clearly marked on the front covers of the videograms. Audiovisual programmes shall be marked in a suitable manner marked with the recommended age group. The audiovisual programme distributor shall stipulate the recommended age group. The Ministry may issue further regulations on the duty to provide information, including exemptions and detailed rules for marking and information etc. Chapter 3 Inspections, right to complaints etc. Section 12 (Inspections and controls) On the grounds of this Act the Norwegian Media Authority ensures through inspections and controls that the provisions of this Act as well as the provisions established pursuant to this Act are complied with. Section 13 (Complaints & appeals) Complaints and/or appeals concerning the individual rulings of the Norwegian Media Authority pursuant to this act shall be handled by the The Media Complaints Board. The Board cannot reverse the Norwegian Media Authority’s rulings by its own initiative. Audiovisual programme distributors and the Ombudsman for Children have the right to complain and/or right of appeal against the age classification of cinema films pursuant to Section 7. The rules of the Public Administration Act Chapter VI apply.
The Media Complaints Board is appointed by the King in Council. The Ministry rules on who shall be the Chairperson and Vice Chairperson of the Board. The Ministry may issue regulations on the size, composition and tasks etc. of the Board. Complaints and/or appeals shall be made against the State and addressed to the the Media Complaints Board. Section 14 (Limitations on reversal and authority to instruct) The Ministry may not instruct the Norwegian Media Authority in individual cases, or reverse the Board’s decisions pursuant to this act. The Ministry may ask the Norwegian Media Authority to take up a case for hearing. In cases of principle or major social import the King in Council may reverse decisions of the Norwegian Media Authority or the Media Complaints Board in accordance with the provisions of the Administration Act Section 35 second, third and fifth paragraphs. Chapter 4 Closing provisions Section 15 (Storage and duty to provide information) Audiovisual programme distributors have a duty to store audiovisual programmes for a minimum of two months after the audiovisual programme was shown or made public for the first time. If a complaint is raised pursuant to Section 18, the audiovisual programme shall be kept until a ruling has been made on the complaint. Audiovisual programmes shall also be kept until a case has been settled with full legal effect if notice has been given that legal action has been initiated. Audiovisual programme distributors shall surrender on demand audiovisual programmes pursuant to the first paragraph to the authorities responsible for monitoring the provisions of or with authority in this act. The Ministry may issue regulations governing storage and surrender obligations, hereunder who is encompassed under the obligation, how storage shall be effectuated and which authorities or bodies may demand extradition of the audiovisual programme. Section 16 (Duty to provide information) All persons are obliged to provide to the Norwegian Media Authority all information the Authority may demand for the purpose of carrying out its tasks pursuant to the act or in order to fulfil Norway’s commitments to a foreign state or international organisation. Information may be demanded in writing or orally within a stipulated deadline. The Ministry may introduce further rules on the obligation to provide information, hereunder on who is encompassed under the duty to provide information and what information may be demanded. Section 17 (Warning)
When this act or rules introduced with authority in this act are contravened, the Norwegian Media Authority may issue a warning to the person or entity responsible for the contravention. Section 18 (Penalty for contravention) The Norwegian Media Authority may, when contraventions are committed against the provisions of this act or rules introduced with authority in this act, impose a penalty on the contravener to be paid to the public purse and calculated in accordance with rules stipulated by the Ministry. The Ministry may introduce rules on the increase of the penalty in cases of repeated contravention. In special cases the Norwegian Media Authority may abandon imposed penalties and interest accrued on these. Imposed penalties provide grounds for seizure of chattels in forced recovery. The Ministry can provide additional rules on the imposition of penalties, hereunder on the recovery of these and due dates for payment, and whether interest shall be paid on imposed penalties. Section 19 (Coercive fine) In order to ensure that the obligations stipulated in or introduced with authority in this act are complied with, the Norwegian Media Inspection Authority may impose a coercive fine on the responsible person or legal entity. The coercive fine may be imposed as a periodical coercive fine or a single coercive fine. In the case of a periodical coercive fine the Media Inspection Authority may decide whether the fine shall be stipulated on a day-to-day, weekly or monthly basis. The periodical coercive fine commences to apply one week after the ruling to impose a coercive fine has been adopted, or a separately defined deadline for fulfilment of the obligation is stipulated if the said defined deadline expires and the obligation has not been fulfilled. In the case of a single coercive fine, the Media Inspection Authority can rule that the amount shall be paid within a stipulated deadline for fulfilment of the obligation if the said obligation is not fulfilled within the expiry date of the deadline. Coercive fines are paid into the public purse and form the basis for seizure through enforced recovery. The Norwegian Media Authority may in special cases reduce or abandon coercive fines and accrued interest. The Ministry may introduce additional rules on the imposition of coercive fines in regulations, hereunder on the circumstances for coercive fines and the amount of and interest on coercive fines in case of late payment. Section 20 (Punishment) Whomsoever by wilful or negligent act contravenes Section 6 of this Act or similar regulations or individual ruling or order resulting from Section 6, shall be punished by a fine or a term of imprisonment of up to three months. Aiding and abetting is punishable in the same way. Contravention of a penal provision in the said Section is a misdemeanour.
Section 21 (Entry into force) The Act will enter into force at the discretion of the King.
