form in which applications for examination of materials must be presented to
the Censorship Board. No such regulations exist, or if they do, they are not
applied, resulting in an ad hoc approach to filing applications for examination
before the Board. The non-functioning of the Board and absence of a regulatory
framework of applications perhaps explains why prosecutions under the Act
have been minimal with the state relying more on general criminal law instead.
2.7
The Role of the Police Service
The police play a critical role in the investigation of materials to be subjected to
censorship. For instance, in terms of Section 25(1) (b) of the Censorship Act, a
police officer can summarily intercept and confiscate any material he or she
thinks is a recording and submit it to the censorship process. Other officers
with similar powers include a probation officer, an officer who works for the
post and telecommunications corporation, or a customs officer. In any event, a
senior police officer sits on the current Censorship Board, reportedly in whose
office the Kumasowe short film was ‘examined’ and declared undesirable on
political grounds.
As a matter of practice, the police, working together with other security agents,
such as the Criminal Intelligence Organisation (CIO) and personnel in the
President’s Office, have continuously restricted freedom of artistic expression,
largely relying on statutes that provide for related offences such as POSA,
which stipulates that the police should be notified of a public gathering or any
form of gathering falling under the purview of the POSA. This is despite the fact
that POSA does not relate to artistic works. Admittedly though, the exhibition
of certain works of art may fall within the generous meaning of ‘gathering’. In
fact generous interpretation of ‘gathering’ has always been the major criticism
on how the police enforce POSA. To meet specific objectives, it appears that the
police are in the habit of stretching the definition so that it covers gatherings in
respect of which a police notice is not required.
The police have also interpreted this position to mean that they should approve
any publication or play to be premiered. The attitude of the police has not
changed with the enactment of the Constitution. As discussed in other parts of
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