the reform of The classification of cinema films enters into force, and the mere presence of sex scenes or great violence will no longer automatically ban a film under the age of 18 years.
In September 2015, Audrey Azoulay had announced its intention to amend the criteria for the classification of cinema films – the works prohibited at least of 12, 16 or 18 years of age. The minister of Culture has kept its word : the official Journal was published on Thursday 9 February 2017 the new version of article 211 of the code of the cinema and the animated image, which removes now any automaticity in the prohibition of films under the age of 18 years. A reform became necessary in the face of numerous legal actions of associations close to the movement fundamentalist as Promotion, which aimed to prohibit access to minors of movies out, or already out in cinemas – remedies were the victim The life of Adèle, by Abdellatif Kechiche (Palme d’or at the Cannes festival) and Love, by Gaspar Noé.
Until now, the sex scenes of non simulated lead automatically to a ban of the film to less than 18 years of age. This notion of “non-simulated” disappears from the new decree, which is inspired by the recommendations of the report delivered there is one by Jean-François Mary, president of the Commission for classification of works (1). The choice to ban a movie for under 12, 16 or 18 years of age, is now ” proportional “ requirements ” taking the protection of childhood and youth, in view of the sensitivity and the development of the personality of its own at each age, and the respect of human dignity “. The decree provides new criteria for the appreciation to the members of the Commission – and, in the case of appeals, to the judges of the administrative court of appeal, which is now competent in first and last resort to reduce the procedural time-limits and to harmonize the case-law.
For a film to be banned under the age of 18, and even X-rated (restricted to works pornographic), it will be necessary that it has ” sex scenes or great violence in nature, in particular, by their accumulation, to disturb seriously the sensibilities of minors, to present the violence in a favorable light, or to trivialize it “. In other words, the mere presence of a scene of sex or violence is not enough to forbid a film to minors : it will be “accumulation” of these so-called scenes and/or risk of a disorder “severe,” for the sensitivity of least 18 years of age.
Recall that a prohibition for minors may represent enormous economic damage to the producers and distributors concerned, even when the measurement occurs, because of the slowness of justice, five years after the release of the film. A tv channel cannot broadcast a movie forbidden to minors before midnight. And many financial requires of the suspensive clauses in their contracts that allows them to resume their investment if the film is classified as ” under 18 years “. Recall also that the set of prohibitions does not concern each year, or about 8% of movies that come out in France : in 2015, on the 771 titles viewed by the Classification Board works, only 53 have been forbidden to under 12 years of age, 5 to under 16 years of age, and 4 to less than 18 years.
It is now waiting for the reaction, we imagine furibarde, to Promote. When the report Mary had been released to the public, the association had denounced the so-called ” explicit political will of the government to encourage by law the access of minors to violence and pornography “…
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