- Arrangement of Provisions
- TITLE
- PART I PRELIMINARY
- PART II FILM CONTROL BOARD
- PART III LICENSING OF EXHIBITORS AND LENDERS
- PART IV CENSORSHIP
- 14. Appointment of Principal Censors
- 15. Films not to be exhibited or lent unless approved by Principal Censor
- 16. Application for approval of film
- 17. Principal Censor may require film to be exhibited for purpose of censorship
- 18. Powers of Principal Censor
- 19. Classification of films
- 20. Certificates of approval or refusal and register of films
- 21. Nature of Principal Censor's certificate to be displayed
- 22. Revocation of certificate of approval
- 23. Censorship of advertisements of films
- 24. Principal Censor may retain films and advertisements if approval refused
- 25. Appeal from decision of Principal Censor
- 26. Offences
- PART V MISCELLANEOUS
- Schedule
- REVISION NOTE 2008
- REVISION NOTES 2008 No. 2
Film Control Act 1978
CONSOLIDATED ACTS OF SAMOA 2008
FILM CONTROL ACT 1978
Arrangement of Provisions
TITLE
PART I PRELIMINARY
1. Short title and commencement 2. Interpretation 3. Administration
PART II FILM CONTROL BOARD
4. Film Control Board 5. Functions of Board 6. Terms of office of appointed members 7. Extraordinary vacancies 8. Meetings of Board 9. Remuneration of Board members
PART III LICENSING OF EXHIBITORS
10. Exhibitor's licence 11. Suspension or revocation of exhibitor's licence 12. Exhibitor's licence may be dispensed within certain cases 13. Duties of licensee
PART IV CENSORSHIP
14. Appointment of Principal Censors 15. Films not to be exhibited unless approved by the Principal Censor 16. Application for approval of film 17. Principal Censor may require film to be exhibited for purpose of censorship 18. Powers of Principal Censor 19. Classification of films 20. Certificates of approval or refusal and register of films 21. Nature of Principal Censor's certificate to be displayed 22. Revocation of certificate of approval 23. Censorship of advertisement of films 24. Principal Censor may retain films and advertisements if approval refused 25. Appeal from decision of Principal Censor 26. Offences
PART V MISCELLANEOUS
27. Appointment of officers 28. Protection from prosecution 29. Powers of entry 30. Regulations 31. Repeal and transitional
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THE FILM CONTROL ACT 1978
1978 No.26
AN ACT to establish a Film Control Board and to make better provision for the control of the exhibition of films, the censorship of films and matters incidental thereto.
(18 December 1978)
(Commencement date: 12th October 1979)
PART I PRELIMINARY
1. Short title and commencement - This Act may be cited as the Film Control Act 1978 , and shall come into force on a date to be appointed by the Head of State, acting on the advice of Cabinet by Order. 2. Interpretation - In this Act, unless the context otherwise requires:
"Advertisement" includes any picture, photograph, poster, figure display or other matter or thing, visual or oral, describing or announcing in any manner or form the exhibition or proposed exhibition of a film;
"Board" means the Film Control Board established under section 4 of this Act;
"Principal Censor" means the Principal Censor of films appointed under section 14 of this Act and includes an assistant Principal Censor;
"Exhibitor" in relation to any film, means any person who, presents a film by broadcast, cable or satellite television, or who exhibits a film to the public, or to any section of the public or, in other than a private residence, to any group or class of persons, whether or not a charge is made for admission to the premises in which the exhibition is held; and "exhibit" and "exhibition" have corresponding meanings;
"Film" means a cinema-to-graph film; includes a video-tape, and any other material record of visual moving images that is capable of being used for the subsequent projection of those images in a fixed sequence on to any screen; and also includes any part or trailer of any such film, and any copy or part of a copy of the whole or any part of a film;
"Lender" in relation to any film, means any person who sells any film or lends any film by way of hire or otherwise in the course of business; and "lend", "lent" and "lending" shall have corresponding meanings;
"Premises" means any building, enclosure, ground or open-air space;
"Prescribed" means prescribed by regulations made under this Act;
"Public exhibition" includes the activities of exhibitors in relation to films, and the lending of a film;
"Scenario" means a statement or summary of the plot and of the incident depicted in a film;
"Trailer" means a short film used or intended to be used for the purpose of advertising any other film.
3. Administration - The Minister for Justice shall be responsible for the due administration of this Act.
PART II FILM CONTROL BOARD
4. Film Control Board - (1) There shall be a Board to be called the Film Control Board which shall consist of:
(a) The Secretary for Justice (who shall be Chairman); (b) The Minister of Education, Sports and Culture;
(c) The Commissioner of Police Service;
(d) The Comptroller of Customs;
(e) The Secretary for Women Affairs;
(f) One person appointed by the Head of State, acting on the advice of Cabinet, to represent religious organizations; and
(g) Two persons appointed by the Head of State, acting on the advice of Cabinet, to represent the public.
(2) If any member of the Board is temporarily incapacitated by illness, absence, or other sufficient cause from attending any meeting of the Board:
(a) In the case of the Secretary for Justice and the Minister of Education, Sports and Culture and the Commissioner of Police Service and the Comptroller of Customs and the Secretary for Women Affairs any authorised senior officer of his or her Department; and
(b) In the case of an appointed member, any person nominated for the purpose by the Minister,-
may attend the meeting as the deputy of such member. (3) No deputy shall act as the Chairman of the Board. (4) Any person who attends a meeting of the Board pursuant to this section shall for the purposes of that meeting be deemed to be a member of the Board. 5. Functions of Board - (1) The Board shall regulate and control the public exhibition of films and censorship thereof. (2) The Board shall have such other functions and powers as are conferred on it by this Act. 6. Terms of office of appointed members - (1) Except as otherwise provided by this Act every member of the Board appointed under section 4(1)(c) shall be appointed for a term of 3 years but may from time to time be re-appointed. (2) Notwithstanding anything to the contrary in this section every appointed member of the Board, unless he or she sooner vacates his or her office under section 7(1) , shall continue in office until his or her successor comes into office. 7. Extraordinary vacancies - (1) Any appointed member of the Board may at any time be removed from office by the Head of State for disability, bankruptcy, neglect of duty, or misconduct or may at any time resign his or her office by written notice given to the Minister. (2) If any appointed member of the Board dies, or resigns, or is removed from office, his or her office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy. (3) An extraordinary vacancy shall be filled by the appointment of a person in the same manner as the appointment of the vacating member. (4) Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed. (5) The powers of the Board shall not be affected by any vacancy in the membership thereof. 8. Meeting of Board - (1) The first meeting of the Board shall be held on a day to be appointed in that behalf by the Chairman. (2) Subsequent meetings of the Board shall be held at such times and places as the Board from time to time appoints. (3) The Chairman of the Board, or any 4 members, thereof, may at any time call a special meeting of the Board. (4) At all meetings of the Board the quorum necessary for the transaction of business shall be 5 members. (5) The Chairman shall preside at all meetings of the Board at which he or she is present. (6) Subject to the provisions of section 4(3) , the members present shall elect one of their number to preside at any meeting, from which the Chairman is absent. (7) All questions arising at any meeting of the Board shall be decided by a majority of the valid votes recorded thereon. (8) At any meeting of the Board the Chairman or other person presiding shall have a deliberative vote and, in the case of equality of votes, shall also have a casting vote. (9) A resolution in writing signed or assented to by letter or telegram by all members of the Board shall be as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted. (10) Subject to the provisions of this Act and of any regulations hereunder the Board may regulate its procedure in such manner as it thinks fit. 9. Remuneration of Board members - Every member of the Board who is not a full time salaried employee of the Government of Samoa shall be paid, out of the funds of the Board, such remuneration and allowance as may from time to time be fixed by Cabinet.
PART III LICENSING OF EXHIBITORS AND LENDERS
10. Licences - (1) Subject to the provisions of subsection (7), no person shall exhibit, or cause or permit or suffer to be exhibited, any film unless he or she is the holder of a licence, issued under the provisions of this section and valid in respect of the exhibition of such film. (1A) No person shall lend any film unless he or she is the holder of a licence issued under the provisions of this section; (2) Any person who exhibits, or cause or permits or suffers to be exhibited, any film in contravention of the provisions of subsection (1) or in contravention of any of the terms or conditions of any Licence under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 20 penalty units in the case of an individual and 50 penalty units in the case of a company. (2A) Any person who lends any film in contravention of subsection (1A) or in contravention of any terms and conditions of the licence, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding 20 penalty units in the case of an individual and 50 penalty units in the case of a company. (3) Application for a Licence under this section shall be made in the prescribed form to the Board and the Board may determine classes of licences for exhibitors who are:
(i) broadcast, cable or satellite television service providers;
(ii) picture theatres;
(iii) educational institutions;
(iv) internet or other computer based suppliers; and
(v) other classes of exhibitors as determined by the Board.
(4) The Board may in its discretion either:
(a) Refuse an application for a licence if it is not satisfied that the proposals for the exhibition or lending of films are suitable for the purpose of which the application is made, or if the applicant is a person who has been convicted of an offence under this Act; or
(b) Grant such a licence either:
(i) Generally, in which case the licence shall, unless sooner revoked or surrendered, remain in force until the 31st day of December following the day of its issue; or
(ii) Specially, in respect of such period, not exceeding 7 days as may be specified in the licence.
(5) A Licence under this section shall be in the prescribed form and, on payment of the prescribed fee, may be granted subject to such terms and conditions as the Board considers necessary in the public interest: PROVIDED THAT the Board may remit or waive any fee payable under the provisions of this subsection in the case of any film exhibition held for any charitable educational or public purpose. (6) Every licence granted under the provisions of this section may, where appropriate be limited in its application so as to authorise the exhibition of films only at such premises or at such times as may be specified in such licence. (7) Films may be exhibited without a Licence under this section:
(a) (repealed by section 7(k) of the Film Control Amendment Act 1998)
(b) In any hospital, nursing home, institution for the care of the aged or of children, or educational institution, where entrance to exhibition, is restricted to the inmates or students and the staff of such hospital, nursing home or institution; or
(c) By any charitable, philanthropic, religious, educational, social or sporting body or organisation where:
(i) The film is exhibited to further the bona fide objects or purposes of the body or organisation, those objects or purposes being other than the exhibiting of film; and
(ii) Admission to the exhibition is restricted to the members of that body or organisation and their families; and
(iii) The public generally is not invited by public notice or advertisement, or by any communication of whatever nature addressed to the public at large, to attend that exhibition; and
(iv) After meeting actual expenses and charges incurred in that exhibition, any proceeds deriving from the exhibition are applied solely and entirely towards the funds of the body or organisation so exhibiting film, and no portion of those proceeds is payable to any person by way of fee, commission, or other financial reward for acts performed or services rendered by that person in arranging, providing, or carrying out the exhibition except any fee payable to any projectionist for projecting the film.
11. Suspension or revocation of exhibitor's licence - (1) A licence issued under Section 10 may be suspended or revoked by the Board if the holder of the licence has been convicted of any offence under this Act or any other Act relating to the showing or viewing of indecent films, or if in the opinion of the Board, the safety, health or convenience of persons attending any exhibition of films held under the authority of the licence is not adequately provided for. (2) If the holder of an exhibitor's licence has been convicted of any offence under this Act, the Court may, in addition to any other penalty it may impose, suspend or revoke such licence. (3) In the event of an exhibitor's licence being suspended or revoked under subsection (1) or (2), the Board shall not grant any further licence to such exhibitor while such suspension or revocation remains in force. 12. Exhibitor's licence may be dispensed with in certain cases - Notwithstanding anything contained in this Part of this Act, the Board may, if the Principal Censor certifies that any film falls within any of the following categories, authorise in writing any person to exhibit such film in any suitable premises without an exhibitor's licence:
(a) Films depicting wholly or mainly surgical or medical techniques and intended to be used for instructional purpose;
(b) Films intended to be used wholly or mainly by educational institutions for educational purposes;
(c) Films intended to be use wholly or mainly by religious organisations for purposes of religious instruction;
(d) Films depicting wholly or mainly industrial or manufacturing processes;
(e) Films being wholly or mainly commercial advertisements relating to the advertiser's or sponsor's activities;
(f) Scientific films, including natural history films, intended to be used for educational purposes;
(g) Films depicting wholly or mainly cultural, sporting or recreational activities, and intended to be used wholly or mainly by cultural, sporting or recreational organisations for instructional or educational purposes;
(h) Films depicting wholly or mainly natural scenery.
13. Duties of licensee - Every holder of a licence shall ensure that every exhibition is conducted in such a manner where appropriate as to provide for the safety, convenience and good order of the persons attending thereat and that there is a responsible and competent person operating the projector used in the premises for the purpose of the exhibition and otherwise in compliance with this Act and any conditions of a licence issued under this Act.
PART IV CENSORSHIP
14. Appointment of Principal Censors - (1) There shall be appointed in accordance with the Public Service Act 1977 a Principal Censor of films and such other person as may be necessary, to be known as assistant censors, to assist the Principal Censor or to act in his or her stead: