HOW ARE THE THEATER’S PUNISHMENTS FOR STUDENTS WHO ENTER MOVIES LABELED 18+?

Although there are regulations on ensuring the age of entry to watch movies is correct as labeled, many opinions say that this is still mainly based on the awareness of the audience and the theater chains. Previously, the press reported that audiences under 18 years old still “carelessly” entered theaters to watch Tran Thanh’s movie Mai. This is a movie labeled 18+ (T18 – for audiences aged 18 and over). So how will the law handle this case?

Table of Contents

1. How is the classification of movies shown in theaters regulated by law?

2. Are students who enter theaters to watch 18+ movies punished?

1. How is the classification of movies shown in theaters regulated by law?

According to Article 2 of Circular No. 05/2023/TT-BVHTTDL, which stipulates criteria for film classification and implementation of film classification levels, warnings:

“Article 2. Film ratings

Film ratings determined according to the rating criteria defined in Article 3 herein are arranged in ascending order as follows:

1. P rated: Eligible for dissemination to viewers of all ages;

2. K rated: Eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians;

3. T13 rated (13+): Eligible for dissemination to viewers from 13 years old or older;

4. T16 rated (16+): Eligible for dissemination to viewers from 16 years old or older;

5. T18 rated (18+): Eligible for dissemination to viewers from 18 years old or older;

6. C rated: Prohibited from dissemination.”

It can be seen that the above film classification is carried out based on the principles in Clause 2, Article 3 of Circular No. 05/2023/TT-BVHTTDL stipulating film classification criteria and displaying film classification levels, warning:

“2. Film rating as per Article 2 herein shall adhere to the following principles:

a) Protecting children and other vulnerable subjects from inappropriate content or content that may have negative impacts;

b) Film rating must be based on the manner of expression; specific situations and contexts; interactivity; frequency; duration; level of detail of images, sound, lighting, and dialogue; and the level of impact on viewers, in which the importance of the context and the level of impact on viewers and listeners are priority factors in rating a film;

c) A film is rated at a lower level when:

– Its content is depicted verbally rather than visually;

– The images of the film have a low level of impact.

d) A film is rated at a more stringent level when its content:

– Contains more details, including close-ups and slow motion;

– Uses highlighting techniques such as lighting, perspective, and resolution;

– Uses special effects such as light, sound, noise, resolution, color, image size, characteristics, and tones;

– Is realistic instead of stylized;

– Encourages interaction;

– Has an impact at a level increased by a combination of rating factors.

dd) A film that is in the middle of the given ratings may be rated at a lower level if it has a way of handling the situation and the situation-handling result conveying an educational and humane message, praising moral and social values, and having positive impacts on viewers.”

2. How will cinemas that allow students to watch movies labeled 18+ be punished?

According to Point c, Clause 5, Article 10 of Decree No. 128/2022/ND-CP amending and supplementing a number of articles of Decree No. 38/2021/ND-CP dated March 29, 2021 of the Government regulating administrative sanctions in the fields of culture and advertising, which has been amended and supplemented by Decree No. 129/2021/ND-CP dated December 30, 2021 of the Government amending and supplementing a number of articles of decrees regulating administrative sanctions in the fields of tourism; sports; copyright, related rights; culture and advertising:

“5. Fines for violations pertaining to film dissemination in cinemas of cinematography facilities are as follows:

c) A fine ranging from 60.000.000 VND to 80.000.000 VND shall be imposed on failing to ensure proper audience according to film rating;”

In fact, cinemas are controlling the age of audiences based on the audience’s identification documents with identification photos and dates of birth to ensure compliance with regulations such as:

• Citizen ID card/ID card/passport

• Student ID card/student card

• Other identification documents…

Therefore, in case of detecting children watching movies at the cinema that are not of the correct age, the cinema cluster distributing the movie will be held responsible according to the law.