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, 739 [Chapter 10:04]