CENSORSHIP AND ENTERTAINMENTS CONTROL ACT (updated 1st May 2004) (b) any person in the course of his business as a distributor or exhibitor of films; or (c) any person or class of persons exempted from that paragraph by the chairman of the Board; without the film having been approved by the Board. (3) The Board may, subject to such conditions as it thinks fit, exempt from subsection (1)— (a) any film or film advertisement or any class of films or film advertisements; and (b) any person or class of persons; and may at any time amend or withdraw any such exemption. (4) The Board shall cause notice of any exemption in terms of subsection (3), and of any amendment or withdrawal thereof, to be published in the Gazette. 10 Powers of Board in respect of films (1) The Board shall have power to examine any film or film advertisement and— (a) subject to subsection (2), to approve the film or film advertisement either unconditionally or subject to any one or more of the conditions set out in subsection (3); or (b) to reject the film or film advertisement; or (c) in accordance with section twelve, to declare the film to be prohibited. (2) The Board shall not approve any film or film advertisement which in its opinion— (a) depicts any matter that is indecent or obscene or is offensive or harmful to public morals; or (b) is likely to be contrary to the interests of defence, public safety, public order, the economic interests of the State or public health; or (c) depicts any matter in a manner that is indecent or obscene or is offensive or harmful to public morals. (3) In approving any film or film advertisement, the Board may impose one or more of the following conditions— (a) in the case of a film intended to be televised, that it shall not be televised except— (i) between such hours as may be specified; (ii) after notices, indicating that the film is considered unsuitable for viewing by persons of such class as may be specified, have been televised at such times and after such intervals as may be specified; [Chapter 10:04] (iii) after any specified portion has been excised therefrom; (b) in the case of a film other than a film referred to in paragraph (a) or in the case of a film advertisement, that it shall not be distributed, exhibited or published, as the case may be— (i) to persons of a specified age or sex; (ii) except after any specified portion has been excised therefrom; (c) any other condition designed to ensure that the film or film advertisement is not distributed, exhibited or published, as the case may be, to any person or class or persons. (4) If the Board is satisfied that any film or film advertisement has been approved for exhibition or publication, as the case may be, by a board of censors of another country, the Board may without examining such film or film advertisement exercise in relation thereto any of the powers conferred upon the Board by this section. (5) Subject to subsection (6), no person shall— (a) where the Board has approved a film or film advertisement subject to the excision of any portion therefrom, exhibit or televise such film or publish such film advertisement after the excision of such portion therefrom unless the film or film advertisement has thereafter been submitted to the Board for further examination: Provided that the Board may authorize the exhibition or televising of the film or publication of the film advertisement without further examination; or (b) without the approval of the Board, distribute, televise or exhibit any film or publish any film advertisement which, after having been approved by the Board, has been in any way altered or modified; or (c) contravene any condition imposed by the Board in terms of subsection (3): Provided that no condition imposed in relation to a film in terms of subparagraph (i) of paragraph (b) of subsection (3) shall be contravened in respect of a person who— (i) is required to be present at the exhibition of such film in the course of his employment; or (ii) sees such film while he is outside the place to which persons are admitted for the purpose of witnessing the exhibition of such film; or 738