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Vanuatu Consolidated Legislation - 1988 |
Commencement: 25 May 1973
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 72
CENSORSHIP OF FILMS
JR 16 of 1973
JR 45 of 1973
JR 35 of 1976
ARRANGEMENT OF SECTIONS
SECTION
4. Particulars and description of film to be supplied to Board
5. Board may approve or refuse to approve film for public exhibition
7. Validity of permit
8. Approval of Board required for film advertisement
10. Offences and penalties
11. Issue of warrant to enter premises
SCHEDULE 1-Constitution and Procedure of Censorship Boards
SCHEDULE 2-Certificate of Exemption
SCHEDULE 3-Film Permit
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CENSORSHIP OF FILMS
To provide for the censorship of cinematograph films and matters incidental thereto.
PERMIT REQUIRED FOR PUBLIC EXHIBITION OF CINEMATOGRAPH FILMS
(2) The provisions of this Act shall not apply to -
(a) any film which is exhibited by or on behalf of a department of the Government;
(b) any film or films in respect of which the Minister responsible for the arts on the recommendation of the Censorship Board exempted it or them from the provisions of this Act.
ESTABLISHMENT OF CENSORSHIP BOARDS
(2) The Minister responsible for the arts may by order establish Censorship Boards for other Districts of Vanuatu if it should seem to him to be necessary to do so.
(3) The constitution of any Censorship Board set up in accordance with this section shall be as set out in Schedule 1 hereof.
(4) In considering applications made to it in accordance with the provisions of this Act, a Censorship Board shall have regard to all of the national and local interests which may be affected and especially the preservation of national and local customs and traditions.
APPLICATIONS FOR FILM PERMITS
(2) No fee or any part thereof shall be returned by the Censorship Board if a film permit is not granted in respect of any film or films included in the application.
(3) The application shall disclose the premises or place at which and the time when the film is to be exhibited and such particulars and description of the film as may be required by the Censorship Board.
(4) If the applicant has reason to believe that the film will be exhibited in more than one premises or place the application shall disclose the location of all premises or places at which the film is to be exhibited:
Provided that if the film is to be exhibited at premises or places situated within more than 1 district an application in respect of such film shall be submitted to the Censorship Board for the district within which the film is first to be shown.
PARTICULARS AND DESCRIPTION OF FILM TO BE SUPPLIED TO BOARD
Provided that if the Censorship Board shall so require the applicant shall also cause the film to be exhibited to it in accordance with the provisions of section 5(4).
BOARD MAY APPROVE OR REFUSE TO APPROVE FILM FOR PUBLIC EXHIBITION
(a) approve the film for public exhibition;
(b) refuse to approve the film for public exhibition; or
(c) approve the film for exhibition subject to such restrictions as they may consider necessary as to the admission of the general public to exhibitions of that film.
(2) Notwithstanding any restrictions which may be imposed in accordance with paragraph (c) of subsection (1) the Censorship Board may in addition refuse to approve any film until such excisions as it may specify have been made to the film.
(3) The Censorship Board shall not impose any conditions in accordance with subsection (2) without having first caused the film, or part of the film, to be exhibited to it.
(4) The Censorship Board may require any film to be exhibited to it for the purposes of the foregoing subsections at such time and such place as may be mutually convenient to it and to the applicant for a permit to exhibit the said film, at the expense and at the risk of the applicant.
(5) The Censorship Board may require the applicant or his representative to attend the exhibition of the film as herein before provided.
DECISION OF BOARD TO GRANT OR REFUSE TO GRANT PERMIT TO BE IN WRITING
(2) A permit granted by the Censorship Board shall be in the form set out in Schedule 3.
(3) The permit shall be displayed in a conspicuous position at the premises or place at which the film is shown.
(4) An applicant who is dissatisfied with the decision of the Censorship Board may, within 14 days of receiving the written notification of the Board, make an application in writing to the Minister responsible for the arts setting out in full the grounds on which he requires the Minister to review the decision of the Censorship Board. The Minister responsible for the arts may adopt such procedures as he may deem necessary to consider such appeal, and, without detracting from the generality of the foregoing may require the Chairman of the Censorship Board to set out in writing the reasons for the decisions of the Censorship Board. The decisions of the Minister responsible for the arts shall be final.
VALIDITY OF PERMIT
(2) A permit issued by any Censorship Board shall be valid for the whole of Vanuatu.
(3) Where any Censorship Board refuses to grant a permit for the exhibition of any film, no application may be made by any applicant for a period of 3 years from the date of such refusal for a film permit in respect of the said film to that Censorship Board or to any other Censorship Board.
(4) Where any Censorship Board has in respect of any film imposed any restrictions as to the admission of the general public to exhibitions of the said film or has specified that any excisions be made to that film -
(a) no further application shall be made to that Censorship Board or to any other Censorship Board within a period of 3 years for a permit for the exhibition of that film;
(b) the restrictions as to the admissions of the general public to exhibitions of that film or excisions specified to be made to such film shall be observed when the film is exhibited within any district in Vanuatu.
APPROVAL OF BOARD REQUIRED FOR FILM ADVERTISEMENTS
(2) The Censorship Board may approve any advertisement submitted to them or may refuse to approve such advertisement or any part thereof absolutely or until such alterations as it may specify shall have been made thereto.
(3) Any advertisement of a film which has been granted a permit subject to conditions in accordance with section 5(1)(c) shall clearly state that the film may be exhibited only subject to the restrictions which may have been imposed by the Censorship Board in accordance with that section.
(4) An advertisement announcing only the title or titles of any film or films (whether accompanied by a statement as to the proposed place and time of exhibition or not) need not be submitted to the Censorship Board.
BOARD MAY RETAIN UNAPPROVED FILM OR ADVERTISEMENT
Provided that if no arrangements for the export of the film are made to the satisfaction of the Censorship Board within a period of 3 months from the date of its signification in accordance with section 6(1) or 8(2) of its refusal of the film or advertisement or the decision of the Minister responsible for the arts following an appeal made to him by the applicant, whichever shall be the later, the Censorship Board shall give the applicant 1 month's notice of its intention to destroy the film or advertisement, and if no steps are taken by the applicant to export the film from Vanuatu the film shall be destroyed under the supervision of the Commissioner of the Vanuatu Police Force.
OFFENCES AND PENALTIES
(a) exhibits or causes or permits to be exhibited any film or advertisement or otherwise brings to the attention of the public any advertisement which has not received the approval of the Censorship Board; or
(b) exhibits or causes or permits to be exhibited any film or advertisement without complying with such restrictions or excisions as may have been imposed or made by the Board in accordance with sections 5 or 8;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT50,000 or imprisonment for a period not exceeding 6 months or to both such fine and imprisonment.
(2) In addition to any penalty imposed in accordance with subsection (1), the court may order that any film or advertisement in respect of which the offence was committed shall be forfeited and destroyed and may also order the closure of the premises in which the film was shown.
ISSUE OF WARRANT TO ENTER PREMISES
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SCHEDULE 1
CONSTITUTION AND PROCEDURE OF CENSORSHIP BOARDS
1. A Censorship Board shall be composed of -
(a) The District Commissioner for the district or his representative who shall be chairman and who shall preside over the meetings of the Board.
(b) The District Education Officer or his representative.
(c) Two persons appointed by the Minister responsible for the arts.
(d) Two representatives of the Municipal Council.
5. (a) The Board shall cause a proper record of its proceedings to be kept.
(b) These records shall include a list of all films submitted to it for approval.
SCHEDULE 2
CERTIFICATE OF EXEMPTION
The Minister responsible for the arts (on the advice of the .................................................. Censorship Board) hereby certifies that the following films are exempted from the requirements of section I of the Censorship of Films Act, Cap. 72 -
....................................................................................................................................................................................................................................................................................................................................................................................................................................
Issued at .............................................. this ......................... day of ..............................
................................................................
Minister
______________________________________
SCHEDULE 3
FILM PERMIT
The Censorship Board for .......................................................................... hereby certifies that the following film(s) has/have been examined by them and that a permit has been granted (subject to the following restrictions on the class of the public who may attend any showing(s) of the said film(s)).
Films ................................................................................................................................
........................................................................................................................................
Restrictions ........................................................................................................................
Issued at .............................................. this ......................... day of ....................................
................................................................
Chairman of the Board
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URL: http://www.paclii.org/vu/legis/consol_act1988/cofa210