Film demonstrators promised tougher sanctions… for violations
9 January 09:42
The Cabinet of Ministers proposes to the Verkhovna Rada to increase liability for violations of the rules for distributing and showing films. The corresponding draft law No. 12383 “On Amendments to the Code of Ukraine on Administrative Offenses regarding Liability in the Field of Cinematography” has already been submitted to the parliament. This is reported on the website of the Verkhovna Rada, Komersant ukrainskyi reports.
As explained by Taras Melnychuk, a representative of the Cabinet of Ministers in the Verkhovna Rada, the draft law proposes to amend Articles 164-6, 164-7, 164-8 of the Code of Ukraine on Administrative Offenses, setting them out in a new wording, and providing for
– establishing liability for showing films or distributing films without entering them in the State Film Register;
– increased liability for distribution and screening of films in violation of the conditions stipulated by the State Film Register;
– increased liability for failure to comply with the quota for screening national films when using national screen time;
– increased penalties in case of non-compliance by demonstrators of films that are not audiovisual media entities with the quota of national films when using national screen time;
– increased penalties for repeating the same actions within a year after the application of administrative penalties.
What kind of increased liability are we talking about?
It is envisaged that violators will be fined up to UAH 51 thousand for screening films without registration and non-compliance with national content quotas.
People’s Deputy Oleksiy Honcharenko has detailed what kind of punishment is to be introduced for violations in the field of cinematography:
– Failure to comply with the quota for screening national films while using national screen time – from one thousand to two thousand tax-free minimums. If such actions are repeated, the penalty is two thousand to three thousand tax-free minimums.
– Demonstration of films that are not included in the State Register of Films – a fine of one thousand to two thousand tax-free minimums. If such actions are committed repeatedly, the fine is from two thousand to three thousand tax-free minimums.
– Demonstration and distribution of films in violation of the legislation on cinematography – from one thousand to two thousand tax-free minimums. If such actions are repeated, the fine will be from two thousand to three thousand tax-free minimums.
How to enter a film into the State Register of Films
To enter a film into the Register, a cinematography entity that owns or intends to obtain the right to distribute and/or show a film in Ukraine sends an electronic application to the State Film Agency’s e-mail address: [email protected]
After reviewing the submitted documents within five working days from the date of application, the State Film Agency decides to include the film in the State Film Register by issuing an order. The application review period may be extended by 15 working days if it is necessary to review the film by an expert committee, which the State Film Agency shall notify the applicant by sending a letter to the e-mail address specified in the application.
The State Film Agency may refuse an applicant
The reasons why a film may be refused entry into the register are listed in Article 15 of the Law of Ukraine “On Cinematography”. These include the presence in the film of
– calls for violent change, overthrow of the constitutional order, unleashing or waging an aggressive war or military conflict, violation of the territorial integrity of Ukraine, elimination of Ukraine’s independence, or information that justifies or promotes them;
– information that humiliates or disparages the state language, statements that incite hatred, enmity or cruelty to individuals or groups of individuals on a national, racial or religious basis;
– propaganda or calls for terrorism and the commission of terrorist acts or information that justifies or approves them;
– materials that encourage sexual exploitation and violence against children, demonstrate sexual relations of children, use the image of children (visual recording of the image of children) in entertainment events of a sexual or erotic nature;
– propaganda of the use of narcotic drugs and psychotropic substances, as confirmed by the conclusion of the expert commission on the distribution and demonstration of films.
This article also regulates the issue of “use of national screen time”. As a reminder, the government’s draft law also provides for increased liability for non-compliance with the quota for screening national films when using national screen time.
According to the Law of Ukraine “On Cinematography”, in order to “promote the production of films in Ukraine, as well as viewers’ access to viewing works of national cinematic heritage, film demonstrators who are not entities in the field of audiovisual media are obliged to demonstrate national films, other films produced by Ukrainian cinematography entities, and works of national cinematic heritage for at least 30 percent of the total monthly film screening time”.
