Wednesday 2 October 2013

FILM CENSORSHIP ACT 2002 - Section 6, 3 and 2


Lena Hendry is charged under section 6 of the Film Censorship Act 2002 Act 620, and the relevant provisions of that law is as follows

FILM CENSORSHIP ACT 2002
ACT 620


Section 6  Unapproved film or film-publicity material.
 
(1) No person shall-
(a) have in his possession or in his custody or under his control; or
(b) circulate, exhibit, distribute, display, manufacture, produce, sell or hire,
any film or film-publicity material which has not been approved by the Board.

(2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction-
(a) in respect of any film, 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; or
(b) in respect of any film-publicity material, to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.
(3) 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.

Of relevance also is the interpretation of 'film' which is given in section 3
Section  3  Interpretation.


"film" includes the original or duplicate of the whole or any part of-
(a) a cinematograph film; and
(b) 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;

 "film-publicity material" includes the original or duplicate of the whole or any part of a picture, photograph, poster, figure, handbill, slide, newspaper advertisement and any other form of advertisement printed or recorded on any material and intended to publicise a film;


This Act is not applicable to what - section 2

Section 2  Non-application.

(1) For the avoidance of doubt, it is hereby declared that this Act does not apply to the Federal Government or the Government of any State.
(2) This Act shall not apply to-
(a) any film sponsored by the Federal Government or the Government of any State;
(b) any film transhipped within Malaysia for delivery at a place outside Malaysia;
(c) any film whether produced in or imported into Malaysia which the owner does not intend to exhibit in Malaysia or any film which is produced in Malaysia and intended by the owner for worldwide distribution, other than Malaysia, where a permit or a certificate of exemption has been granted under section 8 by the Board;
(d) any film, not being obscene or lewd, which is in the possession of any person or his agent and is intended for his own private use and not for the purpose of sale, hire, distribution, public exhibition or circulation so long as the film remains in such possession.
(3) 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.

No comments:

Post a Comment