Examination and Control of Films and Videograms Ordinance | Chapter 16 of Section 10 of the Penal Code
Swedish Code of Statutes (SFS): SFS 1990:886, Published on August 14, 1990
Examination and Control of Films and Videograms Act, issued on June 14, 1990.
The following is hereby provided by Act of Parliament. As amended.
Compulsory examination
Section 1 The content of films or pre-recorded video recordings (videograms) shall be examined and approved by the National Board of Film Censors prior to showing at a public gathering or entertainment.
Section 2 Films and videograms shall be exempt from compulsory examination pursuant to this Act where:
1. they are broadcast by radio;
2. they are broadcast by cable, provided that such broadcasts are retransmissions of satellite broadcasts or of broadcast transmissions or constitute autonomous broadcasts within the meaning of the Public Cable Transmissions Act (1991:2027)2;
3. they consist of advertisements for goods or services;
4. they are shown at trade fairs, exhibitions or sporting events, unless the showing in itself constitutes a public gathering; or
5. they are shown at a museum in conjunction with the museum's normal exhibition activities and are of a documentary nature3.
Section 3 The National Board of Film Censors may, for the purposes of a film festival or other artistic or non-profit event, authorize the showing of films and videograms to persons over the age of fifteen although they have not been examined and approved for showing. Such authorization may be made subject to any conditions that the Board considers necessary.
Criteria and age limits
Section 4 (1) The content of a film or videogram, or a part thereof, shall not be approved for showing if the events are depicted in such a manner and in such a context as to have a brutalizing effect.
(2) The assessment shall take particular account of whether the film or videogram contains explicit or protracted scenes of severe violence to people or animals or depicts sexual violence or coercion or presents children in pornographic situations.
Section 5 The content of a film or videogram shall not be approved for showing to children under the age of seven, eleven or fifteen years if it is liable to cause children in the relevant age group emotional shock.
Section 6 (1) Persons who have not attained the minimum age fixed by the National Board of Film Censors pursuant to section 5 shall not, except in the circumstances referred to in subsection (2), be admitted to public gatherings or entertainments where a film or videogram is being shown.
(2) Children under the age of seven who are accompanied by a person over seventeen years of age may be admitted to the showing of a film that has been passed for children from the age of seven. Children over the age of seven but under eleven who are accompanied by a person over seventeen years of age may be admitted to the showing of a film that has been passed for children from the age of eleven.
Records
Section 7 (1) Films or videograms that have been submitted for examination shall be returned to the person who has requested the examination.
(2) If a film or videogram is approved in part, the National Board of Film Censors shall make recordings of the parts that have not been approved and keep these recordings. However, in the case of films the Board may cut out and keep the parts that have not been approved.
Licence cards
Section 8 If a film or videogram that has been examined and approved by the National Board of Film Censors is shown at a public gathering or entertainment, a licence card issued by the Board shall be available for inspection.
Fees
Section 9 (1) The following fees shall be charged for examination pursuant to this Act:
1. a basic fee of 200 kronor;
2. a screen time fee of 17 kronor per minute at normal playing speed; and
3. a fee of 975 kronor for each licence card issued after the first one.
(2) No screen time fee shall be payable in the case of a film or videogram whose content is essentially of a documentary nature.
(3) If a film or videogram has a screen time of less than thirty minutes at normal playing speed, the fee for each licence card after the first one shall be 450 kronor or, if the screen time is less than five minutes, 70 kronor.
Supervision
Section 10 (1) The National Board of Film Censors shall supervise compliance with this Act and, with regard to moving pictures, with chapter 16, sections 10 b and 10 c, of the Penal Code. The Board shall make every effort to ensure that action is taken against infringements of these provisions.
(2) The Board may instruct suitably qualified persons to exercise supervision on its behalf.
Section 11 (1) For the purposes of supervision the National Board of Film Censors shall have the right to enter premises where films and videograms are sold, hired out or shown to consumers.
(2) The Board shall also have the right for supervision purposes to enter premises that are mainly used for storage or safe custody of films and videograms.
Section 12 The National Board of Film Censors shall, upon request, have the right to obtain such information and such documents as are required for the purposes of supervision from persons who in the course of business or otherwise for gain distribute films or videograms.
Section 13 If there are grounds for suspicion that a film or videogram is being distributed contrary to the provisions of chapter 16, section 10 b, of the Penal Code, the National Board of Film Censors may, for the purposes of control and free of charge, take a copy for not more than 24 hours. If special reasons exist, this time limit may be extended up to a maximum of five days.
Section 14 Upon request, the police authorities shall provide any assistance required for the purposes of supervision.
Register of videogram distributors etc.
Section 15 To facilitate supervision the National Board of Film Censors shall establish a register of videogram distributors. The register shall be kept with the help of automatic data processing. It may only contain information supplied by persons subject to registration pursuant to section 17.
Section 16 The National Archive of Recorded Sound and Moving Images shall have the right of access by terminal to information in the register that is required for archiving purposes.
Section 17 (1) Persons who sell or hire out videograms on a commercial basis shall report to the National Board of Film Censors for registration.
(2) The Government, or an authority so empowered by the Government, may issue detailed rules concerning the information to be submitted for registration.
Section 18 Provisions concerning the National Board of Film Censors' right of access by terminal to the register of deposit copies of films and videograms kept by the National Archive of Recorded Sound and Moving Images are contained in the Statutory Deposit Copies of Publications and Sound and Image Recordings Act (1978:487).
Provisions concerning liability and appeals etc.
Section 19 The penalty for offences committed deliberately or through negligence in the following instances shall be a fine or imprisonment for not more than six months:
1. the showing of a film or videogram that is subject to compulsory examination, but has not been approved for showing, at a public gathering or entertainment which is not exempt in accordance with the provisions of section 3;
2. failure to comply with the conditions laid down in section 3;
3. failure to comply with the provisions of section 6 relating to age limits for admission;
4. failure to comply with the provisions of section 8 relating to licence cards; or
5. failure to comply with the obligations laid down in section 17.
Section 20 (1) Film, videograms and equipment used contrary to the provisions of section 1 shall be declared forfeited, unless this is manifestly unreasonable.
Section 21 (1) Appeals against decisions on matters relating to the examination of films and videograms taken by the National Board of Film Censors pursuant to this Act may be lodged with an administrative court of appeal. In other cases, the Board's decisions shall be final.
Section 22 (1) When hearing cases that fall within the scope of this Act the administrative court of appeal shall consist of three members with legal training and two special members. One of these special members shall have expert knowledge of film and the other of the behavioural sciences. In the absence of one of the special members, the case may nevertheless be decided if three of the members of the court are in agreement.
(2) However, the court shall be competent without the special members in the cases referred to in section 12 (2), points 1 to 3, of the Public Administrative Courts Act (1972:289).
Section 23 (1) The Government shall, for terms not exceeding five years at a time, appoint not less than six nor more than ten persons to act when called upon as special members of an administrative court of appeal in cases that fall within the scope of this Act. Half the number of persons so appointed shall have expert knowledge of film and the other half of the behavioural sciences. In the event of the retirement of such a person during the term of his appointment, the Government shall appoint another person to replace him.
(2) The special members shall be Swedish nationals. They must not be under age or declared bankrupts or have an administrator pursuant to chapter 11, section 7, of the Parents and Children Code.
Section 24 (1) The Government shall issue detailed rules concerning the summoning of special members to serve on an administrative court of appeal and the organization of the work of the court as regards the hearing of cases that fall within the scope of this Act and related matters.
(2) For the time during which they are summoned for court duty special members shall receive remuneration out of public funds in accordance with provisions to be issued by the Government.
1. This Act shall enter into force on January 1, 1991, on which date the Ordinance (1959:348) Laying down Special Provisions on Cinema Performances etc. and the Fees for the Examination of Films and Videograms Act (1985:993) shall be repealed.
2. The provisions previously in force shall apply to applications for the examination of films or videograms submitted to the National Board of Film Censors prior to the entry into force of this Act. However, the provisions of section 4 of the Act shall apply instead of the provisions of section 3 of the Ordinance (1959:348) Laying down Special Provisions concerning Cinema Performances etc.
3. Persons who, upon entry into force of this Act, are engaged in activities subject to compulsory registration shall apply for registration by the National Board of Film Censors by March 1, 1991 at the latest.
Swedish Code of Statutes (SFS): SFS 1990:992
Published on November 20, 1990
Examination and Control of Films and Videograms Ordinance, issued on November 8, 1990. The Government hereby provides as follows.
Contents
Section 1 This Ordinance lays down detailed rules concerning the application of the Examination and Control of Films and Videograms Act (SFS 1990:886).
Applications
Section 2 (1) Persons wishing to apply for examination of a film or videogram shall submit a written application to that effect to the National Board of Film Censors. The application shall contain the following information:
1. the title and length of the film or videogram;
2. the name of the distributor;
3. particulars of whether the applicant wishes the film or videogram to be passed for showing to children under the age of seven, eleven or fifteen years;
4. an account of the content of the film or videogram; and
5. in the case of a film, a complete list of the texts which are intended to accompany the showing of the film.
(2) If special reasons exist, the National Board of Film Censors may grant exemption from the obligations referred to in points 4 and 5 of subsection (1).
Licence cards
Section 3 (1) When the National Board of Film Censors has approved the content of a film or videogram, it shall issue the number of licence cards requested by the applicant. Licence cards shall contain the following information:
1. the name of the distributor;
2. the registration number given to the film or videogram by the National Board of Film Censors;
3. a brief account of the content of the film or videogram and of any cuts that have been made;
4. particulars of the length of the film or videogram as presented for examination and its length after any cuts; and
5. a statement indicating, where applicable, that the film or videogram has been passed for showing to children under the age of seven, eleven or fifteen years.
(2) Licence cards shall contain a reminder to the effect that the card shall be available for inspection when the film is shown at a public gathering or entertainment.
Notices concerning age limits
Section 4 Conspicuous notices shall give details concerning the admission of children to a public gathering or entertainment where a film or videogram is to be shown.
Supervision
Section 5 Supervision pursuant to the Examination and Control of Films and Videograms Act (SFS 1990:886) shall be exercised in such a way that the least possible inconvenience is caused to those who are subject to control.
Section 6 (1) If the National Board of Film Censors requests documents to be produced in accordance with section 12 of the Examination and Control of Films and Videograms Act (SFS 1990:886), or if the Board takes a copy of a film or videogram pursuant to section 13 of that Act, a report shall be made. The report shall contain details of the action taken.
(2) Persons taking such action shall give proof of their identity.
Section 7 If the National Board of Film Censors takes a copy of a film or videogram pursuant to section 13 of the Examination and Control of Films and Videograms Act (SFS 1990:886), it shall supply a copy of the report to the person who is the subject of the measure as proof thereof. The said proof shall indicate the maximum time limit of such appropriation.
Registers of videogram distributors
Section 8 (1) Applications for registration in the National Board of Film Censors' register of videogram distributors shall contain the following particulars:
1. in the case of natural persons, the person's name;
2. the name of the company;
3. the applicant's postal address and telephone number;
4. the applicant's personal identification number or organization number; and
5. the address of the hire and sales outlets, offices, warehouses and other premises where business activities take place.
(2) In the case of legal persons, the name and telephone number of the representative of the said legal person shall also be supplied.
Section 9 The National Board of Film Censors shall be notified without delay of any changes in the particulars submitted for registration.
This Act shall enter into force on January 1, 1991.
Swedish Code of Statutes (SFS): SFS 1990:894, Published on September 4, 1990
Chapter 16: On Crimes against Public Order
Section 10 a A person who portrays a child in a pornographic picture with the intent that the picture be distributed, or who distributes such a picture of a child, shall, unless in view of the circumstances the act is defensible, be sentenced for child pornography offence to pay a fine or to imprisonment for at most two years.
Section 10 b Any person who in a still picture or in a film, in a video recording, a television programme or other moving pictures depicts sexual violence or coercion with the intention that the picture or pictures be spread or spreads such depiction, shall be convicted, except that the criminal act in view of the circumstances be defensible, and sentenced for unlawful depiction of violence to a fine or imprisonment for a maximum period of two years. And the same shall apply to any person who in moving pictures explicitly or extensively depicts extreme violence towards humans or animals with the intention that the pictures be spread or spreads such depiction.
A person who negligently distributes material as referred to in subsection (1) shall, if such distribution takes place in the course of business or otherwise for gain, be liable to the penalty laid down in subsection (1)
The provisions of the foregoing paragraph shall not apply to films or video recordings approved for public showing by the National Board of Film Censors; nor shall they apply to a recording of moving pictures whose contents are identical with those of a film or video recording approved by the Board. The provisions of the foregoing paragraph shall not apply to public showings of films or video recordings.
Should a recording of moving pictures be furnished with a certificate confirming that a film or video recording of identical contents has been approved by the National Board of Film Censors, no sentence shall be passed by virtue of the provisions of paragraph one relationg to the spreading of the recording. This provision shall not, however, apply if the certificate was false or untrue and the person who spread the recording realized or should have realized that this was so.
Section 10 c Any person who, wilfully or through gross negligence in the course of business or other operation undertaken for the purpose of gain purveys to a person under the age of fifteen a film, video recording or other recording of moving pictures explicitly and realistically depicting violence ot the threat of violece towards humans or animals shall be convicted of illicit purveyance of a film or video recording and sentenced to imprisonment for a maximum period of six months.
The provisions of the foregoing paragraph shall not apply to films or video recordings approved by the National Board of Films Censors for showing to any group of children under the age of fifteen; nor shall they apply to a recording of moving pictures whose
contents are identical with those of a film or video recording approved by the Board. The
provisions of the foregoing paragraph shall not apply to public showings of films or video recordings.
Should a recording of moving pictures be furnished with a certificate confirming that a film or video recording of identical contents has been approved by the National Board of Film Censors for showing to any group of children under the age of fifteen, no sentence shall be passed by virtue of the provisions of paragraph one. This provision shall not, however, apply if the certificate was false or untrue and the person who purveyed the recording realized or should have realized that this was so
Section 19 Actions for offences under section 10 c may only be brought by the public prosecutor with the prior approval of the National Board of Film Censors. In the case of offences referred to in section 10 b the National Board of Film Censors shall, with respect to films or videograms, deliver an opinion before such an action is brought.