Act on the Monitoring of Children's Access to Films and Computer Games No. 62/2006

Article 1

Definitions.

For the purposes of this Act, the following terms are used in the senses defined below:

1. Responsible party: The party who produces films or computer games for showing or sale in Iceland, or who has films or computer games for showing, rental, sale or distribution of other types, for commercial purposes, in Iceland.
2. Film: Motion picture material produced by any type of technology, including acted films and cartoons, whether they are intended for showing in cinemas, on television, on computers or other devices for running films.
3. Computer game: A computer program containing interactive games.
4. Violent film or computer game: A film or computer game in which special efforts are made to depict maltreatment of any type or cruel and inhumane methods of killing people or animals which are regarded as potentially having a damaging effect on children's mental life.
5. Film or computer game that poses a threat to children's well-being: A film or computer game in which the content, treatment or moral message may, on account of the language used or the actions depicted, have a serious damaging effect on children's physical, mental or moral development, and particularly on account of pornographic material.

Article 2

Age restrictions and obligatory assessment.

It shall be prohibited to show children under the age of legal majority violent films and computer games, and also films or computer games that pose a threat to their well-being. The showing, sale and other types of distribution of such material to children who have not reached the age of legal majority shall be prohibited.

All films and computer games intended for showing, sale or other distribution in Iceland for children under the age of legal majority shall be assessed with a view to whether the showing, use or release of such materials to persons of a specified age range under the age of legal majority should be permitted or restricted. The same applies to peripheral materials distributed with films and computer games and materials publicising films and computer games.

The obligation stated in the second paragraph shall apply to those parties who produce films or computer games for showing or sale in Iceland, or who have films or computer games for showing, rental, sale or other distribution in Iceland for commercial purposes. The same parties shall ensure that admission to showings and the release of films and computer games are in conformity with the provisions of this Article.

Article 3

Assessment and marking of films and computer games.

Responsible parties shall set themselves rules of procedure on the conduct of the assessment under the second paragraph of Article 2 and the age restrictions under the first and second paragraphs of Article 2, based on internationally-recognised inspection systems for films and computer games. The rules of procedure shall be based on child-protection considerations, with particular attention given to the following matters and how they are handled or presented in each individual case: the plot, the language, the use of violence, the depiction of nudity and sexual relations and the use of narcotics. Assessments shall constitute overall assessments of the matters listed above and of other matters that may be of significance. The responsible party shall display its rules of procedure publicly, this including publication on a web page to which the public has access and at the points of sale of films and computer games. The publication shall also state the name of the responsible party's director of assessment and provide the public with directions on how to submit communications concerning how assessments are carried out and how such communications are to be dealt with. The responsible party shall record the results of assessments of the suitability for viewing of films and computer games in a database to which the public has access.

If a film or computer game has been assessed according to the second paragraph of Article 2, the assessment may be applied to the film or computer game when it is issued in another form, providing that it is considered unequivocal that the same version of the film or computer game is involved. All copies of films and computer games, and their packaging of all types, shall be clearly marked with information on age restrictions in accordance with the second paragraph of Article 2, and also stating whether the film or computer game is intended only for showing to persons who have attained the age of legal majority.

In all advertisements and other promotional material concerning films or computer games, mention shall be made of age restrictions in accordance with the second paragraph of Article 2, and also of whether the film or game is intended only for showing to, or use by, individuals who have attained the age of legal majority. When the publication of the advertisement or other material promoting the film or computer game takes place together with a public showing of a film, or is distributed with a copy of a film or computer game, the first paragraph of Article 2 shall be observed.

All films may be shown publicly for children who have attained the age of 14 years, provided that they watch them in the company of a parent or guardian.

Article 4

Exemption from assessment and the setting of age restrictions.

The provisions of this Act shall not apply to news and educational material. Assessment of the suitability for showing of television programme material other that that covered by item 2 of Article 1 shall be subject to the Broadcasting Act.

Article 5

Monitoring, suspension and reassessment.

The Child Protection Agency shall monitor to ensure compliance with the provisions of this Act. For this purpose, the Child Protection Agency may have inspections carried out of the rules of procedure under the first paragraph of Article 3 and of their application. Such inspections shall be made at the expense of the responsible party involved in each individual case.
If the Child Protection Agency receives definite information, or an indication, backed by reasons, to the effect that the findings of an assessment of the suitability for showing of a film or computer game are at variance with the first paragraph of Article 2, or are unacceptable with regard to considerations of children's well-being under the first paragraph of Article 2, or if no assessment has been carried out as provided for under the second paragraph of Article 2, it may then give instructions, in the form of an announcement to the responsible party, for the showing and distribution of the film or video game to be suspended temporarily for three days. The Child Protection Agency may call the police to assist in applying a ban on the showing and distribution of a film or computer game.

During the suspension of the showing and distribution, a joint reassessment of the suitability for showing of the film or computer game shall be carried out by the responsible party and the Child Protection Agency. In the event of a disagreement as to the findings of this reassessment, the position adopted by the representative of the Child Protection Agency shall determine the issue. This decision shall be final, and may not be referred to a higher authority.

If the reassessment leads to the conclusion that the showing of the film or computer game is to be restricted to audiences older than the original assessment provided for, the ban on showing and distribution under the second paragraph shall apply. The Child Protection Agency may grant the responsible party a period of up to one week in which to recall and re-mark all copies of the film or computer game and packaging and publicity material of all types in accordance with the conclusion of the reassessment.

Violations of Article 2 of this Act shall be punishable by a fine or up to six months' imprisonment unless heavier punishments are prescribed in other statutes.
Investigation and procedure in cases of alleged violations of Article 2 shall be subject to the Code of Criminal Procedure. When the police receive a complaint concerning violation of the first or second paragraph of Article 2 of this Act, they shall immediately inform the Child Protection Agency of the facts of the case. The Child Protection Agency shall make an independent assessment of whether or not to exercise the provision of the second paragraph of this Article regarding suspension.

Films or computer games may be confiscated if their showing, sale or distribution is in violation of the provisions of this Act. The confiscated items shall be the property of the State Treasury.

Article 6

Regulations.

The Minister of Education, Science and Culture may issue regulations containing further provisions on the application of this Act, including the publication of responsible parties' rules of procedure as provided for under the first paragraph of Article 3 and the assessment of the suitability of films and video games for showing under the second paragraph of Article 2.

Article 7

Commencement and repealed statutes.

This Act shall take effect as from 1 July 2006.

Interim provision

The appointment of members of the Film Viewing Board and the engagement of a manager under the Film Inspection and Prohibition of Violent Films Act, No. 47/1995, shall no longer apply when this Act enters into force.