September, 29, 2009

Enterprises distributing audio-visual programmes in the Web

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In summer 2009, the Finnish Board of Film Classification informed about the laws and orders regulating the distribution of audio-visual programmes in Finland. A film may not be distributed to a child under the age given in the age category. The distributor must also ensure that the distribution does not contain material to be considered to violate the Penal Code. The orders do not apply to audio-visual programmes equipped with a recommended age category.

Webshops operating abroad are not relieved from the obligation to comply with Finnish mandatory legislation for the benefit of the consumer, i.e., the provisions of the Consumer Protection Act. Marketing is directed at Finland if the Internet pages are in Finnish and the customer receives service and can operate through the buying process either in Finnish or the other national language. Audio-visual programmes must, also on web pages, be clearly marked with the markings required by the law.
Protection

A programme equipped with an age category may not be available in a service to persons younger than the age category. The distributor shall ensure adequate protection. Also the functionality of the protection measures shall be monitored and tested by the Board of Film Classification. Certification by the user of his majority is not adequate for a protection, but the service provider must ensure that the user has reached the age of majority. There are ready solutions for identifying a person.

One adequate solution is the Application Query offered by the Population Register Centre and utilising the Population Information System which identifies the user on the basis of his Internet bank passwords or personal identity number and address information. Additional information on the identifying system and its introduction can be obtained from the www.fineid.fi website administered by the Population Register Centre.
Another option is the TUPAS certification service administered by banks, in which a bank identifies its customer with the same bank-specific codes that the customer uses in the bank’s own services. The Tupas certification service meets the definition of strong authentication and it can be applied in web services in which customers need to be identified in a reliable manner. Additional information on the service and its introduction can be obtained from the website www.fkl.fi. (Federation of Finnish Financial Services).

Audio-visual programmes without markings must be removed from distribution immediately.

For more information

Matti Paloheimo
Director

Leena Karjalainen
Examiner, inspection