International Review of Educational Cinematography (Jan-Dec 1931)

Legislation FILM CENSORSHIP IN THE AUSTRIAN REPUBLIC General Principles and Sources: From October 1925, that is to say from the moment of the adoption of the dispositions of the Federal Constitution concerning the determination of the respective attributes of the central power and the authority of the individual countries forming the federal Austrian Republic, all matters regarding cinematography, formerly coming under general legislative dispositions, now became subject to the decisions of the governments of the federated countries. Cinema legislation, therefore, now originates in the provisions contained in the decree of September 18, 1912, on the cinema (Folio of the Laws Reichsgesetzblatt, No. 191, with the variations of the Ministerial decree of June 8, 1916, contained in Law Folio No. 172), and the same applies to the provisions in the second part of the decree partly relating to censorship. But the concept that a film performance is no longer subject to the previous approval of the authorities was established after the Federal Court (Verfassungsgerichtshof) had recognised on June 23, 1926, when considering a special case which originated in a refusal to give its consent to a performance in accordance with the norms provided for by Par. 17 of Decree No. 8, dated September 8, 1912, that in conformity to point three of the deliberation of the Provisional National Assembly of Oct. 30, 1919), and of Article 149, (first paragraph of the Constitution of the State) all censorship in the Austrian Republic, including that of films, is abolished as a result of the basic federal law. This interpretation was also adhered to in following paragraphs and as a result of this principle the dispositions of the 1912 law have lost their application, and it is therefore practically out of the question that the criterion of preventive control could be introduced into the national legislation. According to the principles accepted in the Austrian Republic, censorship is only understood as the practice of a universal preventive action, intended, that is to say, to control films and other objects of various nature destined to be communicated to the public, by means of a practical application of a right of the authorities to approve or reject the projection of moving and fixed slides before their representation. But cases in which the authorities prohibit, by repressive police measures, public projections of films inciting to actions contrary to law, cannot be considered as the activity of the censor. According to official information of the Foreign Office of Vienna, the fact that though the public projection of cinematographic films, like the concession of the licence, is generally subject to the personal authorisation of the proprietor of the cinema, notwithstanding the fact that the release of a similar authorisation is left to the authorities and may be applied to single representations, this should not be considered as a real preventive censorship. After the provisions of the law of 1912 had become null and void, the provisions regarding cinematography were regulated in the federal countries by the norms contained in the following laws and regulations:— Vienna. Basic law of June 11, 1926, No. 35. Law of March 14, 1930, No. 23, modifying the preceding law. Decree of the Government of the district of Vienna of April 8, 1930, No. 25, bringing further modifications.