FILM CENSORSHIP ACT 2002

This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette.

Non-application

This Act shall not apply to—

This Act shall not be construed as permitting the censorship of any film or film-publicity material published, displayed, circulated, exhibited, distributed or transmitted over the internet or over intranets.

Interpretation

a cinematograph film; and

a videotape, diskette, laser disc, compact disc, hard disc and other record, of a sequence of visual images, being a record capable of being used as a means of showing that sequence as a moving picture, whether or not accompanied by sound;

“Appeal Committee” means the Appeal Committee established under section 22;

“Board” means the Board of Censors established under section 4;

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Film Censorship

“Minister” means the Minister responsible for matters pertaining to the censorship of films and film-publicity materials and, except in relation to the power to make regulations, includes the Deputy

Minister;

“proper officer of customs” has the meaning assigned to that expression in the Customs Act 1967 [Act 235];

“Enforcement Officer” means an Enforcement Officer appointed under section 29 and includes an Assistant Enforcement Officer and a Junior Enforcement Officer;

“police officer” means a police officer, as defined under the Police Act 1967 [Act 344], not below the rank of an

Inspector;

“owner”, in relation to a film or film-publicity material, means—

a person who is entitled to the possession of the film or film-publicity material whether it is made or produced in

Malaysia or imported from outside Malaysia; or

any person who has the film or film-publicity material in his control, possession or ownership at the time in question;

“Chairman” means the Chairman of the Board appointed under paragraph 4(1)(a) and includes the Vice-Chairman and a temporary

Chairman who executes the duties of the Chairman;

“alteration” includes the excision, addition, deletion, erasure, reconstruction or removal of scenes, dialogues or sound, in totality or in part, of a film, and also includes the insertion or amendment of subtitles in a film;

“Secretary” means the Secretary provided to the Board under subsection 4(3), and includes an Assistant Secretary;

“exhibition” includes the production of any music, speech, noise or other sound which accompanies the projection of a film, and

“exhibit” shall be construed accordingly.

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a Chairman;

a Vice-Chairman; and

not less than two other persons.

The provisions set out in the Schedule shall apply to the

Board.

The Board shall be provided with a Secretary and such number of Assistant Secretaries and clerical and other assistants as may be necessary.

The Secretary, Assistant Secretaries and clerical and other assistants provided to the Board under subsection (3) shall also serve and assist the Appeal Committee.

have or cause himself to have in his possession, custody, control or ownership; or

circulate, exhibit, distribute, display, manufacture, produce, sell or hire, any film or film-publicity material which is obscene or is otherwise against public decency.

Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

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Film Censorship

Unapproved film or film-publicity material

have in his possession or in his custody or under his control; or

circulate, exhibit, distribute, display, manufacture, produce, sell or hire, any film or film-publicity material which has not been approved by the Board.

Any person who contravenes subsection (1) commits an offence and shall be liable on conviction—

This section shall not apply to any film or film-publicity material in respect of which a certificate of exemption has been issued under subsection 8(3) so long as any conditions subject to which the certificate is issued are complied with.

Detention of imported film and film-publicity material

Any film or film-publicity material detained under subsection

shall not be released unless a permit or a certificate of exemption issued under section 8 in respect of the film or film-publicity material is presented to a proper officer of customs having control of the film or material.

Any person who, without a permit or a certificate of exemption issued under section 8, removes or causes to be removed from the control of any proper officer of customs any film or film-publicity material which has been imported into Malaysia commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Permit, etc., for the purpose of section 7

A permit issued by the Board—

Notwithstanding subsections (1) and (2), the Board may issue a certificate of exemption for the purpose of section 7 in respect of any film or film-publicity material imported into

Malaysia—

Without prejudice to subsection (2), the Board’s power to issue a permit or a certificate of exemption under this section includes the power to impose conditions subject to which the permit or certificate is issued.

Submission of film for censorship

in the case of an imported film not exempted under subsection 8(3) which is released under section 7, within the time and at the place specified in the permit issued in respect of the film under subsection 8(1); or

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Film Censorship

in the case of a film made or produced in Malaysia and intended to be exhibited in Malaysia, within fourteen days of the completion of such making or production.

The owner of a film who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Decision of the Board

approve the film for exhibition without any alteration;

approve the film for exhibition with such alteration as it may require; or

refuse to approve the film for exhibition.

The Secretary shall notify the owner of the film in writing of the decision of the Board made under subsection (1).

In a case to which paragraph (1)(b) or (1)(c) applies, the

Board shall furnish to the owner of the film in writing its reasons for requiring the alteration or for the refusal.

Alterations

by the Board; or

with the written consent and subject to any conditions of the Board, by the owner of the film.

If any film is delivered to the owner of the film for the purpose of enabling the owner to make alterations to the film under paragraph 10(1)(b), the owner shall return the film to the

Board—

The owner of a film who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Retention and return of film

Where the Board has refused to approve the exhibition of any imported film, the Board may order the return of the film if the Board is satisfied that the owner intends to re-export the film.

Disposal of unapproved film

after the expiry of the period mentioned in subsection 12(1); or

if there is any appeal made in accordance with section 21 to the Appeal Committee and if the Committee affirms the decision of the Board, after the decision of the

Committee is communicated to the Chairman of the Board under section 24.

Certificate “A”

has been approved under paragraph 10(1)(a); or

has been altered as required by the Board, by issuing a certificate which shall be known as ‘Certificate “A” ’.

Classification of film

his intention to make duplicate copies;

the precise number of duplicate copies he intends to make; and

that the duplicate copies are made from the original film approved and certified by the Board under sections 10

and 14 respectively.

No person shall make a duplicate copy of the whole or any part of a film that has not been approved and certified by the Board under sections 10 and 14 respectively.

Any person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Certificate “B”

There shall be displayed in the prescribed manner in respect of every film approved by the Board for exhibition—

The owner of a film who contravenes subsection (1) commits an offence.

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Any person who—

A person who is convicted of an offence under this section shall be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Submission of film-publicity material

Sections 10 and 11 shall apply to any film-publicity material submitted to the Board for its approval as if for the word “film”

in those sections the words “film-publicity material” had been substituted.

Any person who contravenes subsection 11(2) read together with subsection (2) of this section commits an offence.

A person who is convicted of an offence under this section shall be liable to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.

Mark of approval on film-publicity material

Where multiple copies of any film-publicity material are submitted for the Board’s approval, the Board shall affix its mark of approval on the first copy only and duplicate copies may be made of such first copy.

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Film Censorship

Any person who exhibits any film-publicity material or any duplicate copy of such material without displaying the Board’s mark of approval in respect of such material commits an offence and shall on conviction be liable to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.

The notice of appeal may contain representations of the owner.

Appeal Committee

a Chairman who shall be appointed by the Minister;

a Vice-Chairman who shall be appointed by the Minister;

the Inspector General of Police, or his representative;

the Secretary General of the Ministry responsible for matters pertaining to the censorship of films and film-publicity materials, or his representative;

the Secretary General of the Ministry responsible for matters pertaining to the regulation of broadcasting, or his representative;

the Director General of Education, or his representative;

and

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thirteen other members who shall be appointed by the

Minister.

The provisions set out in the Schedule shall apply to the

Appeal Committee.

Powers of the Appeal Committee

The decision of the Appeal Committee shall be final and shall not be questioned in any court of law.

Board must give effect to Appeal Committee’s decision

Upon being informed of the decision of the Appeal Committee in respect of any film or film-publicity material, the Chairman of the Board shall take such action, if any, as is necessary to give effect to the decision.

The Board or the Appeal Committee, as the case may be, shall give effect to the directions referred to in subsection (1).

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Film Censorship

Prohibition

the manner for submitting films and film-publicity materials to the Board for the purpose of censorship;

fees for any matter under this Act;

the classification of films;

the procedure in relation to the disposal of unclaimed films;

offences which may be compounded.

Exemption

exempt any film or class of films, including those which are sponsored by the Federal Government pursuant to a treaty, agreement or arrangement to which the Federal

Government is a party, from the application of any of the provisions of this Act or regulations made under this Act;

and

if he is satisfied that it would not be contrary to the public interest or to the interest of the country to do so, exempt any person or any film or film-publicity material from any provisions of this Act or regulations made under this Act.

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Whenever an Enforcement Officer exercises any of the powers under this Act or any regulations made under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Search and seizure with warrant

any premises has been used or are about to be used for;

or

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing the Enforcement Officer or police officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises, if need be by force.

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Film Censorship

A warrant issued under subsection (1) may authorize the

Enforcement Officer or police officer to search the premises for, and to seize and remove from the premises—

An Enforcement Officer or a police officer acting under subsection (1) or (2) may—

or (2); and

enter and search that place or those premises;

stop and search that person, vehicle, vessel or conveyance;

and

seize any film or film-publicity material or other thing which may be found and may be evidence of the commission of such offence.

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Search of persons

The list prepared in accordance with subsection (1) shall be delivered immediately to the occupant of the place or premises where the film, film-publicity material, book, document or other thing seized is found.

Where the seizure is made in or from any place or premises which are unoccupied, the Enforcement Officer or police officer making the seizure shall whenever possible post a list of the things seized conspicuously at the place or premises.

Where any film, film-publicity material, book, document or other thing is seized otherwise than in or from any place or premises, the Enforcement Officer or police officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the film, film-publicity material, book, document or other thing seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence.

A notice under subsection (4) need not be given where the seizure is made in the presence or with the knowledge of the owner.

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Film Censorship

Power of arrest

An Enforcement Officer making an arrest under subsection

shall without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

Power to require attendance of persons acquainted with case

If any person refuses to attend as required by an order made under subsection (1), the Enforcement Officer may report his refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as may be required by the order.

Examination of persons acquainted with case

A person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the Enforcement Officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

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A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

An Enforcement Officer examining a person under subsection

shall first inform that person of the provisions of subsections

and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after—

If the person making a statement under this section refuses to sign or affix his thumb print on the statement, the Enforcement

Officer shall endorse on the statement under his hand the fact of such refusal and the reason for the refusal, if any, stated by the person examined.

Forfeiture of film, etc., seized

An order for the forfeiture or for the release of any film, film-publicity material, book, document or other thing seized under this Act shall be made by the court before which the prosecution with regard to it has been held.

An order for forfeiture under subsection (2) shall be made if it is proved to the satisfaction of the court that an offence under this Act or any regulations made under this Act has been committed and that the film, film-publicity material, book, document or other thing was the subject-matter of or used in the commission of the offence, even though no person has been convicted of such offence.

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Film Censorship

If there is no prosecution with regard to any film, film-publicity material, book, document or other thing seized under this

Act, such film, film-publicity material, book, document or other thing shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the film, film-publicity material, book, document or other thing was seized indicating that there is no prosecution in respect of such film, film-publicity material, book, document or other thing, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

Any person asserting that he is the owner of the film, film-publicity material, book, document or other thing referred to in subsection (4) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the

Enforcement Officer or police officer in whose possession such film, film-publicity material, book, document or other thing is held that he claims the film, film-publicity material, book, document or other thing.

On receipt of the notice referred to in subsection (5), the

Enforcement Officer or the police officer shall refer the matter to a Magistrate for a decision.

The Magistrate to whom a matter is referred under subsection

shall issue a summons requiring the person asserting that he is the owner of the film, film-publicity material, book, document or other thing and the person from whom it was seized to appear before the Magistrate, and when they appear or when they fail to appear, due service of the summons having been proved, the

Magistrate shall proceed to examine the matter.

If it is proved that an offence under this Act or any regulations made under this Act has been committed and that the film, film-publicity material, book, document or other thing referred to in subsection (7) was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the film, film-publicity material, book, document or other thing to be forfeited and shall, in the absence of such proof, order its release.

Any film, film-publicity material, book, document or other thing forfeited or deemed to be forfeited shall be delivered to an

Enforcement Officer or a police officer and shall be disposed of in accordance with the directions of the Magistrate.

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Cost of holding film, etc., seized

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Board may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

Where an offence has been compounded under subsection

, no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made.

In this section, “compoundable offence” means an offence which has been prescribed by regulations made under this Act to be an offence which may be compounded.

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Presumption

a person shall, until the contrary is proved, be deemed to be the occupier of any premises, or the owner of any vehicle, vessel or conveyance if he has, or appears to have, the care or management of such premises, vehicle, vessel or conveyance;

if any film or film-publicity material that has not been approved by the Board or in respect of which an offence under this Act or any regulations made under this Act has been committed is found in any premises, vehicle, vessel or conveyance, it shall be presumed, until the contrary is proved, that the film or film-publicity material is there with the knowledge of the occupier of the premises, or the owner of the vehicle, vessel or conveyance;

if any film which has not been approved by the Board is found in any premises, vehicle, vessel or conveyance, the name and address of the person found in or on any part of the film or its cover shall be presumed, until the contrary is proved, to be the name and address of the owner of the film who intends to exhibit, distribute, display, circulate, hire or sell the film.

Decision under the Act not subject to appeal or review

members of the Board and the Appeal Committee;

the Secretary and every Assistant Secretary;

Enforcement Officers; and

persons employed in the office of the Board and the office of the Appeal Committee.

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Film Censorship

Immunity from legal action

any member of the Board;

any member of the Appeal Committee;

the Secretary or any Assistant Secretary;

any Enforcement Officer; or

any person employed in the office of the Board or the office of Appeal Committee, in his personal capacity in respect of any bona fide act, decision or statement done or made for the purpose of or incidental to the implementation or proposed implementation of the provisions of this Act or regulations made under this Act.

No liability for loss or damage to film or film-publicity material