unconditionally or subject to any one or more of the conditions set out in section 10 (1) ( 3) which includes restriction to times and or inclusion of notices to highlight that a movie has been restricted. Under Section 13, the Act prohibits the importation, production and dissemination of undesirable publications, pictures, statues and records. Contravention of this section will result in an individual being liable to a fine or two years imprisonment. Section 13 (2) further explains what undesirable is, which includes, indecent, obscene, offensive, harmful to public morals or likely to be contrary to the interest of defence, public safety, public order, the economic interests of the state or public health. Section 14 states the powers of the Board to examine publications, statues, records and pictures and to declare them undesirable or to declare the publication prohibited. The Censorship Board constitutes the primary repository of control. It is empowered to examine any publication and to thereafter declare whether or not it is ‘desirable’. It may also, after due notice, declare the editions of a periodical publication undesirable. The Board may also declare an ‘undesirable’ publication prohibited. The effect is that being found in possession of a prohibited publication is an offence. The Board also has powers under section 25 to seize any articles for examination. The officer who is either a police official or probation officer will seize materials and forward them to the Board for examination as soon as possible and, after such seizure, the Board shall not retain the article any longer than is necessary for such examination. While discussing aspects of administration of censorship, it is imperative to note that freedom of expression is not an absolute right. As already discussed, it is subject to limitations.58 Therefore, in administration of censorship, the various institutions are mandated, by necessary implication, to take into account the principles of natural justice and protection of the right to a fair trial, thus giving artists the opportunity to defend their works of art. 58 For a list of rights that cannot be limited see Section 86(3) of the Constitution. 46 | P a g e