FILM CENSORSHIP ACT 2002

Film Censorship LAWS OF MALAYSIA REPRINT Act 620 FILM CENSORSHIP ACT 2002 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 FILM CENSORSHIP ACT 2002 Date of Royal Assent ... ... ... … … 29 January 2002 Date of publication in the Gazette … … 7 February 2002 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2004 3 LAWS OF MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Non-application 3. Interpretation PART II BOARD OF CENSORS 4. Establishment of Board PART III CONTROL OF FILMS AND FILM-PUBLICITY MATERIALS 5. Obscene film 6. Unapproved film or film-publicity material 7. Detention of imported film and film-publicity material 8. Permit, etc., for the purpose of section 7 9. Submission of film for censorship 10. Decision of the Board 11. Alterations 12. Retention and return of film 13. Disposal of unapproved film Laws of Malaysia 4 ACT 620 Section 14. Certificate “A” 15. Classification of film 16. Duplication of film 17. Certificate “B” 18. Display of mark of approval, certificate and classification 19. Submission of film-publicity material 20. Mark of approval on film-publicity material PART IV APPEAL 21. Appeal 22. Appeal Committee 23. Powers of the Appeal Committee 24. Board must give effect to Appeal Committee’s decision PART V POWERS OF THE MINISTER 25. Directions 26. Prohibition 27. Regulations 28. Exemption PART VI POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. 29. Appointment of Enforcement Officers 30. Power to investigate 31. Authority card 32. Search and seizure with warrant 33. Search and seizure without warrant 34. Search of persons 35. Seizure of film, etc. 36. Notice of seizure Film Censorship Section 37. Power of arrest 38. Power to require attendance of persons acquainted with case 39. Examination of persons acquainted with case 40. Forfeiture of film, etc., seized 41. Cost of holding film, etc., seized 42. No costs or damages arising from seizure can be recovered PART VII MISCELLANEOUS 43. Prosecution 44. Jurisdiction of court of First Class Magistrate 45. Offences committed by body corporate 46. Compounding of offences 47. Presumption 48. Decision under the Act not subject to appeal or review 49. Public servants 50. Immunity from legal action 51. No liability for loss or damage to film or film-publicity material 52. Disposal of unclaimed films PART VIII REPEAL, TRANSITIONAL AND SAVING PROVISIONS 53. Repeal 54. Board and Committees 55. Continuance of laws 56. References to the repealed Act SCHEDULE 5 6 Laws of Malaysia ACT 620 Film Censorship 7 LAWS OF MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 An Act relating to censorship of films and matters related thereto. [1 April 2002, P.U. (B) 100/2002] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Film Censorship Act 2002. (2) This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette. Non-application 2. (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; Laws of Malaysia 8 ACT 620 (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. Interpretation 3. In this Act, unless the context otherwise requires— “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; “article” means apparatus or equipment used to make and process film or its duplicate, and includes a television set and video cassette recorder; “prescribed” means prescribed by the Minister by regulations made under this Act; “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; “Appeal Committee” means the Appeal Committee established under section 22; “Board” means the Board of Censors established under section 4; Film Censorship 9 “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) 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 (b) 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. Laws of Malaysia 10 ACT 620 PART II BOARD OF CENSORS Establishment of Board 4. (1) There shall be a Board of Censors consisting of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Vice-Chairman; and (c) not less than two other persons. (2) The provisions set out in the Schedule shall apply to the Board. (3) The Board shall be provided with a Secretary and such number of Assistant Secretaries and clerical and other assistants as may be necessary. (4) The Secretary, Assistant Secretaries and clerical and other assistants provided to the Board under subsection (3) shall also serve and assist the Appeal Committee. PART III CONTROL OF FILMS AND FILM-PUBLICITY MATERIALS Obscene film 5. (1) No person shall— (a) have or cause himself to have in his possession, custody, control or ownership; or (b) circulate, exhibit, distribute, display, manufacture, produce, sell or hire, any film or film-publicity material which is obscene or is otherwise against public decency. (2) 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. Film Censorship 11 Unapproved film or film-publicity material 6. (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. Detention of imported film and film-publicity material 7. (1) Where any film or film-publicity material is imported into Malaysia, the proper officer of customs to whom such film or filmpublicity material is presented upon such importation or who discovers such importation shall detain the film or film-publicity material. (2) Any film or film-publicity material detained under subsection (1) 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. (3) 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. 12 Laws of Malaysia ACT 620 Permit, etc., for the purpose of section 7 8. (1) The Board may issue a permit for the purpose of section 7 if an application is made to the Board in the prescribed manner. (2) A permit issued by the Board— (a) shall be valid only for such period as may be specified in the permit; and (b) shall specify the time and place for the submission of the film or film-publicity material for censorship. (3) 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— (a) which the owner does not intend to exhibit in Malaysia, if the owner has notified the Board in writing that he does not intend to exhibit it in Malaysia or permit its exhibition in Malaysia, and has supplied the Board with a full description of the film or film-publicity material; (b) which the Board is satisfied is intended for private use; or (c) where such film has been made or produced in Malaysia by a local or foreign corporation or company with a view for worldwide distribution, other than Malaysia, if an application is made by the owner in the prescribed manner. (4) 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 certifi