2.4 Censorship of films and recorded video or film material Part III of the Act regulates films and recorded video or film material. Section 9 provides for the prohibition of unapproved films, inter alia, the distributing, televising, or publicly exhibiting any films unless the film or copy has been approved by the Censorship Board. Contravention of the provision will, upon conviction, result in imprisonment for a year or a fine not exceeding level six. As a matter of procedure and competence, the Board is empowered to have access to the article in question before same could be shared with the public. If the Board sees nothing wrong with the article, it authorizes its publication subject to any conditions attached. However, once the Board decides that the article is undesirable, its publication is prohibited forthwith. The Board has power to examine a film, or film advertisement with the right to either approve the film unconditionally or subject to conditions as laid out in section 10 (3). The Board will not approve a film if it is indecent or obscene or is offensive or harmful to public morals or is likely to be contrary to the interests of defence, public safety, public order, and the economic interest of the state or public health. Unfortunately 10(2) (b) has been abused by the Board by banning movies that critique ruling political leadership.59 The Board can also impose conditions with regard to the time the film can be screened, putting notices indicating the suitability of viewing by persons, distribution as to age (parental guidance screening). Contravention of this section shall result in a fine or/and imprisonment for one year. On approval, the Board issues a certificate of approval of film and film advertisement for a prescribed fee. Prohibited films are published by notice in the Government Gazette, making known the decisions of the Board declaring the film to be prohibited. The Board after making declaration shall notify such person or class of persons as the Board thinks fit of the declaration. 59 Any attempts to obtain statistics from the Board are fruitless as the request for information is regarded as falling under the purview of AIPPA hence subject to unfettered discretion to provide it. 47 | P a g e

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