CENSORSHIP AND ENTERTAINMENTS CONTROL ACT (updated 1st May 2004) (b) recorded video or film material on which is recorded a film that is indecent or obscene or prohibited. (1a) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. (2) No prosecution in respect of an offence in terms of subsection (1) shall be instituted without the authority in writing of the Attorney-General or his deputy. 27 Prohibition of restricted person (1) Where the Board has approved a film, film advertisement or public entertainment subject to the condition that it shall not be exhibited or given to persons of a specified age or sex, no person who is of such specified age or sex shall be present at any place at which the film, advertisement or public entertainment is being exhibited or given: Provided that it shall be a sufficient defence for a person charged with a contravention of this section if he proves to the satisfaction of the court that he was, at the relevant time— (a) required to be present at such exhibition or performance in the course of his employment; or (b) outside the place to which persons were admitted for the purpose of witnessing the exhibition or performance. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. 28 Display or advertisement of restrictions imposed by Board (1) Where the Board has approved a film or public entertainment subject to the condition that it shall not be exhibited or given to persons of a specified age or sex— (a) the person in charge of the place or premises where the film or public entertainment is exhibited or given shall cause to be prominently displayed in or on that place or those premises the relevant restriction pertaining to the exhibition or performance of the film or public entertainment; (b) no person shall publish or exhibit any advertisement of the film or public entertainment unless the relevant restriction pertaining to the exhibition or performance thereof is published or exhibited with that advertisement: Provided that it shall be a sufficient defence for a person charged with a contravention of this paragraph if he proves to the satisfaction of the court that he was not aware of the relevant restriction. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. 29 Exemption or declaration not invalidated by failure to publish in Gazette No exemption or declaration by the Board or withdrawal thereof shall be invalid solely by reason of any failure on the part of the Board to comply with subsection (4) of section nine, subsection (3) of section fourteen or subsection (4) or (7) of section fifteen, as the case may be, requiring the Board to make known the decision concerned by notice published in the Gazette. 30 When ignorance of Board’s declaration a defence In any prosecution against a person for an offence in terms of subsection (1) of section thirtytwo involving a contravention of subsection (5) of section twelve, subsection (1) of section thirteen or subsection (1) of section twenty-six where it is averred that the offence was committed in respect of a publication, picture, statue or record which has under section fourteen or fifteen been declared by the Board to be prohibited or undesirable or in respect of any recorded video or film material on which is recorded a film that has in terms of section twelve been declared by the Board to be prohibited— (a) if the declaration of the Board was made known in the Gazette, it shall not be a defence that the person concerned was not aware of such declaration; (b) if the declaration of the Board was not made known in the Gazette, it shall be a defence for the person concerned to prove that he was not aware and could not reasonably have been expected to become aware of such declaration. 31 Evidence In any prosecution in respect of an offence under this Act a certificate or written statement purport745 [Chapter 10:04]