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.
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