CENSORSHIP AND ENTERTAINMENTS CONTROL ACT (updated 1st May 2004)

(d)

televise or publicly exhibit any film approved
by the Board, without signifying in the prescribed manner the Board’s approval thereof.
(5a) Any person who contravenes subsection
(5)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
(6) The Board may, subject to such conditions as
it thinks fit, exempt any person or class of persons
from subsection (5) and may at any time amend or
withdraw any such exemption.
(7) The Board shall cause notice of any exemption in terms of subsection (6), and of any amendment or withdrawal thereof, to be published in the
Gazette.
11 Certificate of approval of films and film
advertisements
(1) When the Board in terms of section ten approves any film or film advertisement, the Board
shall signify its approval by means of a certificate
given in the form and manner prescribed.
(2) A person to whom a certificate is issued in
terms of subsection (1) shall pay the prescribed fee
for such certificate.
12 Prohibited films
(1) After examining any film, the Board may, if
it considers that—
(a) the film is of a nature described in subsection
(2) of section ten; and
(b) it is necessary or expedient in the public
interest to do so; declare the film to be prohibited.
(2) Wherever the Board has given any decision
in terms of subsection (1) declaring any film to be
prohibited, it shall, without delay, cause notice of
such decision to be published in the Gazette.
(3) In a notice in terms of subsection (2) making
known the decision of the Board declaring any film
to be prohibited, it shall not be necessary for the
actual title, if any, of the film to be set out in the
notice if the notice, in describing the film, also
sufficiently describes the title concerned.
(4) The Board may, after making a declaration
in terms of subsection (1), direct the secretary of
the Board to notify such person or class of persons
as the Board thinks fit of the declaration.
(5) No person shall import any recorded video
or film material on which is recorded a film that

the Board has declared to be prohibited in terms of
subsection (1).
(5a) Any person who contravenes subsection
(5)shall be guilty of an offence and liable to a fine
not exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine
and such imprisonment.
(6) Any recorded video or film material imported after the Board has, in terms of subsection (1),
declared the film recorded thereon to be prohibited
shall be liable to forfeiture and shall be disposed of
as the Board may direct.
PART IV
PUBLICATIONS, PICTURES, STATUES AND RECORDS

13 Prohibition of importation, production
and dissemination of undesirable
publications, pictures, statues and
records
(1) No person shall—
(a) import, print, publish, manufacture, make or
produce, distribute, display, exhibit or sell or
offer or keep for sale any publication, picture,
statue or record; or
(b) publicly play any record;
which is undesirable or which has, under section
fourteen or fifteen, been declared by the Board to
be undesirable:
Provided that, where a person has imported such
a publication, picture, statue or record, nothing in
paragraph (a) shall prevent him from re-exporting
it to the source from which he imported it or to
such other place as the Board may approve.
(1a) Any person who contravenes subsection (1)
shall be guilty of an offence and liable to a fine not
exceeding level seven or to imprisonment for a
period not exceeding two years or to both such fine
and such imprisonment.
(2) A publication, picture, statue or record shall
be deemed to be undesirable if it or any part
thereof—
(a) 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) discloses, with reference to any judicial
proceedings—
(i) any matter which is indecent or obscene
or is offensive or harmful to public morals or any indecent or obscene medical,

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