The Act on the Classification of Audio-Visual Programmes regulate the provision of audio-visual programmes in the Internet only to a limited extent.
1.The Video-on-Demand service in the Internet
2. Interactive audio-visual programmes in the Internet
1. The Video-on-Demand service in the Internet
The delivery technology of audio-visual programmes has developed. In addition to the traditional exhibition and distribution manners (provision to the public to be purchased, leased, borrowed or conveyed in another manner than as recordings or in movie theatres), programmes can nowadays be kept available to the public through the telecommunications network (including in the Internet) in the form of so-called Video-on-Demand service. In providing Video-on-Demand service or in other exhibition or distribution what is essential is not whether a fee is charged for the audio-visual programme or not. The detrimental nature of an audio-visual programme does not depend on whether the programme is subject to a charge.
What is Video-On-Demand
Video-on-Demand means having an audio-visual programme and its programme contents available to the public through a telecommunications network.
Video-on-Demand does not mean the permanent or fixed-term conveyance of the possession of a recording but keeping the programme contents of an audio-visual recording available to the public so that the programme contents can be transferred through the telecommunications network to be received by an individual orderer. Through a Video-on-Demand service, a copy of the audio-visual programme may remain with the orderer for a fixed term or permanently or the audio-visual programme can be sent to the orderer by using streaming technology, in which case he will not retain a copy.
Video-on-Demand service and child protection
The user of the Video-on-Demand service may also be a minor. A party providing Video-on-Demand service may keep available to persons under 18 years of age only audio-visual programmes approved for exhibition or distribution in accordance with the Act on the Classification of Audio-Visual Programmes as well as audio-visual programmes and their programme contents exempted from classification.
Audio-visual programmes exempted from classification are programmes
1) which have been produced solely for the purpose of instruction or other cultural pursuit, for scientific research or for hobby pursuits;
2) which have been produced solely for marketing purposes with the exception of marketing of an audio-visual programme for persons who have not attained the age of 18;
3) which solely or primarily contain musical performances or reproductions of cultural or sportive events or devotional services or other corresponding occasions and events;
4) which solely contain topical news material;
5) which contain animations, presentations of play, hobby or other corresponding activities suitable for viewing by children of all ages; or
6) which deal with tourism, the environment or comparable subjects.
Their programme contents may thus be exhibited also to persons under the age of 18 without prior classification unless they contain material detrimental to children.
Classification and notification of audio-visual programmes
A provider of a Video-on-Demand service thus either has to notify the Board of Film Classification of every audio-visual programme it provides or submit a classification application thereof.
This can be done either by using a form on paper or by means of the online information/classification system (E-ILMO). E-ILMO may be used free of charge but it requires the conclusion of a user contract.
The notification of audio-visual programmes is free of charge; for classification, the Finnish Board of Film Classification has charged a fee, which at present is EUR 2 for each beginning minute of the programme. For duration exceeding 4 hours the fee is EUR 1.50 per minute.
The provider of the service is liable to comply with the age categories
The provider of a Video-on-Demand service has to ensure that the service does not distribute audio-visual programmes in violation of the age categories. If the exhibition of an audio-visual programme is forbidden for children under the age of 7, 11, 13, 15 or 18, the provider of the service has to prevent children younger than the age category from viewing the programme.
Age-category and other markings
When exhibiting and distributing an audio-visual programme to the public, the audio-visual programme must contain the following information or it has to be given in connection with the programme: the name of the programme, its duration, the identification number and the age category given by the classification authority as well as the name of the manufacturer or importer of the programme.
In a Video-on-Demand service, the age category can be notified in the same way as when audio-visual programmes are exhibited in public, i.e., either by using a symbol or a text as follows.
The age-category markings of classified audio-visual programmes
S ot 3
K7
K11
K13
K15
K18
The age-category markings of notified (non-classified) audio-visual programmes:
S or T
K18
2. Interactive audio-visual programmes (games) in the Internet
Online games played in the Internet or the downloading of games from the Internet is not regulated by the Act on the Classification of Audio-Visual Programmes.
In a sale of recordings of computer or console games (mail order through the Internet), the same rules have to be complied with as in other distribution.
In other respects, the regulation of the network belongs to the sector of the Ministry of Transport and Communications.