New restrictions on the horizon for movies, games and advertising
Author: Felix Hofer, Hofer Lösch Torricelli

1. In July 2007 the Italian House has discussed and approved a new bill intended to make the diffusion to the general public of films conditional to the application of a specific rating system.

According to the new provisions companies producing or distributing films as well as their licensees are held to classify their products in order to:

• grant moral and psycho-physical integrity to minors,
• promote responsible access to movie content,
• assist families and minors in enjoying proper content in movie entertainment,
• offer clear indications and correct information about movies' content.

Rating of the films has to occur prior to their distribution and implies also in-advance notification to the competent State Department; the costs of the new rating system will be exclusively on the private companies. All movies will be rated according to the following classification: (a) accessible to the general public without any restriction, (b) not apt to minors aged less than 10 years, (c) banned for aged under 14, (d) banned for aged under 18.

The rating of a film must be clearly indicated in its advertising as well as on its packaging (in case of commercial distribution).

Theater owners and commercial distributors are in charge of enforcement and have to make sure that minors do not access films with improper content.

Movies accessible to minors may not feature any advertising for films not allowed to be viewed by them.

Distribution, diffusion or advertising for not rated films is strictly banned.

Supervision and control will be performed by the competent State Department either ex officio - through sample method – or on request of associations active in the area of minors' protection.

Save the case in which illicit conduct results in a criminal offence, the State Department will react to non-compliance by applying fines (from Euro 15.000 up to 100.000, on producing or distributing companies, and from Euro 1.000 up to 5.000 on theater owners or commercial distributors). In case of repeated non-compliance or very significant violations theater owners or commercial distributors may also face suspension from business from 15 up top 60 days.

2. The bill also provides for a rating system as to video games. The system is to be set up - on an industry self-regulation basis – by all companies producing, importing or distributing video games.

Games' content will have to be evaluated and classified according to its potential of affecting players psychologically or emotionally with respect to their age. Such evaluation is to be conducted considering aspects as: themes of the game, assumption of drugs, language, grade of violence, use of pornographic or sexually explicit images, messages discriminatory and racist with respect to gender, sex, sexual habits, religion, race, nationality, physical disabilities, contrast with human dignity.

Again the game's rating has to be clearly indicated in any advertising as well as on packing. In-advance notification with the State Department is also necessary and a total ban as to distributing, diffusing and promoting of not rated games applies. Fines for non-compliance are identical to those mentioned above for films.

A special Authority (the Communication Commissioner) is in charge of supervision and control.