LAWS OF WESTERN SAMOA

FILM CONTROL ACT 1978

ANALYSIS

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. Meeting 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 with certain cases
13. Duties of licensee

PART IV
Censorship

14. Appointment of censors
15. Films not to be exhibited unless approved by censor
16. Application for approval of film
17. Censor may require film to be exhibited for purpose of censorship
18. Powers of censor
19. Classification of films
20. Certificates of approval or refusal and register of films
21. Nature of censor's certificate to be displayed
22. Revocation of certificate of approval
23. Censorship of advertisements of films
24. Censor may retain films and advertisements if approval refused
25. Appeal from decision of 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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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)

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 from the exhibition or proposed exhibition of a film.

"Board" means the Film Control Board established under section 4 of this Act.

"Censor" means the censor of films appointed under section 14 of this Act and includes an assistant censor.

"Exhibitor", in relation to any film, means any person who, otherwise than by means of television, exhibits the film to the public, or to any section of the public, or, in other than private residence, to any group or class or 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 cinematograph 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.

"Premises" means any building, enclosure, ground or open-air space.

"Prescribed" means prescribed by regulations made under this Act.

"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
Firm 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 Director of Education;

(c) Three other persons, one of whom shall be a senior officer of the Police Service, appointed by the Head of State, acting on the advice of Cabinet.

(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 cause of the Secretary for Justice and the Director of Education any authorised senior officer of his 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 exhibition of films and the 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) of this Act 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 sooner vacates his office under section 7(1) of this Act, shall continue in office until his 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 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 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 buy 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 2 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 3 members.

(5) The Chairman shall preside at all meetings of the Board at which he is present.

(6) Subject to the provisions of section 4(3) of this Act, 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 buy 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 letters 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 Western Samoa shall be paid, out of the funds of the Board, such remuneration and allowances as may from time to time be fixed by Cabinet.

PART III
Licensing of Exhibitors

10. Exhibitor's licence - (1) Subject to the provisions of section (7) of this section, no person shall exhibit, or cause or permit or suffer to be exhibited, any film unless he is the holder of a licence, hereinafter referred to as an exhibitor's license, issued under the provisions of this section and valid in respect of the exhibition of such film at the time and premises specified in such licence.

(2) Any person who exhibits, or cause or permits or suffers to be exhibited, any film in contravention of the provisions of subsection (1) of this section or in contravention of any of the terms or conditions of any exhibitor's licence shall guilty of an offence and shall be liable on conviction to a fine not exceeding $500.

(3) Application for an exhibitor's licence shall be made in the prescribed form to the Board.

(4) The Board may in its discretion either-

(a) Refuse an application for an exhibitor's licence if it is not satisfied that the premises 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 date of its issue; or 

(ii) Specially, in respect of such period, not exceeding 7 days as may be specified in the licence.

(5) An exhibitor's licence 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 interest of the safety, health or convenience of persons attending any exhibition held under the authority of such licence:

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 exhibitor's granted under the provisions of this section shall be limited in its application so as to authorised the exhibition of films only at such premises and at such times as may be specified in such license.

(7) Films may be exhibited without an exhibitor's licence-

(a) In any premises to which the public are not admitted for the purpose solely of entertaining the friends of employees of the occupier where no charge what ever is made for such exhibition; or

(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 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) An exhibitor's licence may be suspended or revoked by the Board if the holder of the licence has been convicted of any offence under this Act, 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) of this section, 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 Acts, the Board may, if the 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 used 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 education purposes;

(h) Films depicting wholly or mainly natural scenery.

13. Duties of license - Every holder of an exhibitor's licence shall ensure that every exhibition is conducted in such a manner 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.

PART IV
Censorship

14. Appointment of censors - (1) There shall be appointed in accordance with the Public Services Act 1977 a censor of films and such other person as may be necessary, to be known as assistant censors, to assist the censor or to act in his stead:

Provided that no member of the Board may be appointed as the censor or an assistant censor.

(2) Subject to any directions given by the censor, every assistant censor shall have and may exercise all or any of the powers, duties, discretions and authorities conferred upon the censor by or under the provisions of this Act:

Provided that every decision of an assistant censor shall be signified in the name of the censor and shall be deemed to be a decision of the censor.

(3) The Board may from time give the censors directions as to the policy to be adopted in the exercise of the power and the duties conferred upon them by or under the provisions of this Act and the censors shall at all times act in compliance with such directions.

15. Films not to be exhibited unless approved by censor - (1) No person shall exhibit any film, other than a film exempted under the provisions of subsection (2) of this section from the operation of this Part of this Act, unless and until such film has been approved by the censor for the public exhibition.

(2) The Board may by certificate in the prescribed form, exempt any film or any class of films from the operation of this Part of this Act, and by notice to be served on the holder of any such certificate may revoke such certificate if satisfied that such revocation is in the public interest.

16. Application for approval of film - Subject to subsection (2) of section 20 of this Act, every application for the approval by the censor of any film shall be made in the prescribed from, and be accompanied by a scenario of that film and the prescribed fee:

Provided that the censor may, in any particular case, dispense with the requirement relating to the submission of a scenario.

17. Censor may require film to be exhibited for purpose of censorship - (1) The censor may require any film in respect of which his approval is sought under this Part of this Act to be exhibited before him for the purpose of censorship, at such time and place mutually convenient to him and to the applicant, at the expense and risk of the applicant.

(2) The censor's decision shall be final as to-

(a) The eligibility of any person to be present at any exhibition held under the provisions of this section; and

(b) The number of persons to be present at any such exhibitions:

Provided that the applicant and his barrister and solicitor shall be entitled to attend any such exhibition.

18. Powers of censor - (1) Without unreasonable delay, the censor shall, in respect of any film for which his approval is sought under this Part of this Act, either-

(a) Approve the film for public exhibition; or

(b) Refuse to approve the film for public exhibition, either unconditionally, or until such alterations or excisions as he may specify have been made to the film:

Provided that the censor shall not refuse to approve a film for public exhibition without the film having first been exhibited to him under the last preceding section.

(2) The approval by the censor shall not be given with respect to any film or to any part of a film which in his opinion depicts any matter which is contrary to public order or decency or the exhibition of which would for any other reason be undesirable in the public interest.

19. Classification of films - (1) The censor shall, in approving a film for public exhibition under the provisions of section 18, classify it in any of the following categories:

(a) Approved for general exhibition; or

(b) Approved for exhibition to a specified class or description of persons only (being persons of or over the age of 5 years), or for specified purposes only, or on one or more specified occasions only.

(2) No person shall exhibit or cause to be exhibited any film approved under the provisions of subsection (1) of this section contrary to any such approval.

20. Certificates of approval or refusal and register of films - (1) The censor shall-

(a) Signify his approval of a film and the category into which he has classified it or his refusal to approve a film by a certificate in the appropriate prescribed form;

(b) Keep in his office a register of films in which shall be entered with respect to each film the several particulars set out in the certificate issued under this section and such other particulars as may be prescribed.

(2)	(a) A certificate issued under the provisions of paragraph (a) of subsection (1) of this section shall be valid for a period of 2 years from the date of issue;

(b) Where, upon the expiry of the period of 2 years, application is again made under the provisions of section 16 of this Act for the approval of the same film, no fee shall be chargeable therefor.

21. Nature of censor's certificate to be displayed - The owner, manager or occupier of any premises in which any film other than a film exempted from the operation of this Part of this Act, is exhibited or any other person responsible for the exhibition of any such film in such premises, shall display in a conspicuous position in the lobby or entrance to such premises, at all times whilst such premises are open to the public, a notice of such dimensions and in such form as may be prescribed notifying, for public information, the nature of the certificate which has been issued by the censor in respect of that film.

22. Revocation of certificate of approval - The censor, or the Board, may at any time by notice to be served on the holder of any certificate of approval issued under this Part of this Act, revoke such certificate if satisfied that such revocation is in the public interest or that any condition subject to which such certificate was issued has not been complied with and may issue a certificate of a different classification in its place:

Provided that the Board shall not revoke any such certificate without the film to which it relates first having been exhibited to it and the provisions of subsection (4) of section 25 of this Act shall apply as if an appeal had been brought under the provisions of that section.

23. Censorship of advertisements of films - (1) No person shall announce, print, publish, distribute, exhibit, display or otherwise disseminate in any manner whatsoever or cause to be so announced, printed, published, distributed, exhibited, displayed or disseminate any advertisement of or with respect to any film or portion of a film (other than a film exempted under section 10 of this Act from the operation of this Part of this Act) unless and until:

(a) Such advertisement has been approved by the censor; and

(b) Such advertisement includes or is accompanied by a statement, clearly displayed or announced, as to the nature of the certificate which has been issued by the censor in respect of the film to which such advertisements refers, or otherwise than in the form in which such advertisement was approved by the censor:

Provided that this subsection shall not apply to any advertisement announcing only the title or titles of any film or films whether accompanied by a statement as to proposed times or dates of exhibition thereof or not.

(2) The Censor shall in respect of any advertisement for which his approval is sought under the provisions of this section either:

(a) Approve such advertisement or any part thereof; or

(b) Refuse to approve such advertisement or any part thereof absolutely or until such alteration as he may specify has been made thereto.

(3) The approval or refusal of approval by the censor of any advertisement or any part thereof for which his approval is required under the provisions of this section shall be signified in such form and in such manner as may be prescribed.

(4) A prototype copy of any advertisement shall, for the purposes of this section, be deemed to be the same advertisement.

24. Censor may retain films and advertisements if approval refused - Any film or advertisement to which the censor has refused approval under this Part of this Act may be retained by the censor until such time as the applicant has made arrangements to the satisfaction of the censor for the export of such film or advertisement from Western Samoa or for the disposal thereof in such manner as the censor may direct:

Provided that if no such arrangements are made to the satisfaction of the censor within a period of 3 month after the date of his signification of his refusal of approval of such film or advertisement the censor may cause such film or advertisement to be destroyed at the expiration of one month after the date of notification to the applicant of the intention to destroy it.

25. Appeal from decision of censor - (1) Any applicant who is dissatisfied with the decision of the censor in relation to any film or advertisement in respect of which his approval is sought under this Part of this Act may, within 21 days after notification to him of the decision of the censor appeal against that decision to the Board by delivering or posting to the Secretary of the Board a notice of appeal in the prescribe form accompanied by the prescribed fee:

Provided that such fee shall be refunded if the appeal is allowed.

(2) On receipt of any notice of appeal under the provisions of subsection (1) of this section, the Secretary of the Board shall arrange a time, date and place for the hearing of the appeal and shall cause notice of such time, date and place to be given to the appellant not less than 24 hours before the time so appointed.

(3) In every appeal brought under the provision of this section the appellant, his barrister and solicitor, and the censor shall have the right to be present at the hearing thereof and may make representation either orally or in writing to the Board:

Provided that the Board may require the appellant, his barrister and solicitor, and the censor to retire while it considers its decision.

(4)	(a) The Board shall require any film or advertisement in respect of which such appeal has been brought to be exhibited before it or submitted for its inspection, as the case may be, at such time and place as may be mutually convenient to the Board and to the appellant and at the expense and risk of the appellant:

(b) No person other than the appellant, his barrister and solicitor, his projectionist, and the censor shall be present at such exhibition except at the invitation of the Board.

(5) Upon consideration of an appeal the Board shall-

(a) Uphold the decision of the censor absolutely; or

(b) Vary or reverse the decision of the censor and, with in the limits imposed upon the censor under this Part of this Act, make such other order in relation to such film or advertisement as it considers appropriate.

(6) In any case where the Board varies or reverses any decision of the censor it shall, in writing, direct the censor to approve or refuse approval of such film or advertisement in accordance with the decision of the Board, and the censor shall, where necessary, cancel any previous certificate or signification or refusal and issue such other certificate or signification as are necessary to accord with the decision of the Board.

(7) Subject of the provisions of this section, the Board in determining any appeal brought thereunder may regulate its own procedure.

26. Offences - (1) Any person who:

(a) Exhibits, or causes or permits or suffers to be exhibited, any film in contravention of any of the provisions of this Part of this Act; or

(b) Exhibits, or causes or permits or suffers to be exhibited, any film in respect of which the censor's certificate of approval has been revoked; or

(c) Announces, prints, publishes, distributes, exhibits, displays or otherwise disseminates in any manner whatsoever or causes to be so announced, printed, published, distributed, exhibited, displayed or disseminated any advertisement in contravention of any of the provisions of this Part of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 in respect of each offence.

(2) In addition to any penalty imposed for an offence against the provisions of subsection (1) the Court may order that any film or advertisement in respect of which such offence was committed shall be confiscated and disposed of in such manner as the Court may direct.

PART V
Miscellaneous

27. Appointment of officers - (1) There shall be appointed in accordance with the Public Services Act 1977 a Secretary of the Board and such other officers as may be necessary for the administration of this Act.

(2) Any officer of the Public Service may be appointed under this section notwithstanding that he holds any other office in the Public Service, and any such officer may hold office under this section in conjunction with any other office in the Public Service.

28. Protection from prosecution - No suit or prosecution shall lie:

(a) Against the Board for any act which in good faith is done or purported to be done by the Board under this Act;

(b) Against any member, officer, servant or agent of the Board for any act which in good faith is done or purported to be done by him under this Act or on the direction of the Board.

29. Powers of entry - Any member of the Board, censor or police service officer, or any person duly authorised in writing in that behalf by the Board may, at all reasonable times, enter any promises to which the public have access on payment or otherwise in which any film is being exhibited or in which he has reason to believe that any film is being or is about to be exhibited, for the purpose of ensuring that the provisions of this Act or of any licence or certificate issued thereunder are being complied with, and any person who prevent or obstructs the entry of any such person into such premises shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200.

30. Regulations - The Head of State, acting on the advice of Cabinet, may make regulations for the carrying out of the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, for all or any of the following purposes namely:

(a) The censorship of films and advertisements and the fees to be paid and forms to be used in respect thereof;

(b) The conduct of appeals from decisions of the censor;

(c) Regulating the exhibition of films and prescribing the conditions to be observed in relation to the safety from fire or otherwise of any premises in which films are or are intended to be exhibited and the safety and conduct of persons attending and exhibition of films therein; and

(d) The licensing of exhibitors and prescribing the fees to be paid and the forms to be used in relation thereto.

31. Repeal and transitional - (1) The Censorship of Films Ordinance 1960 (hereinafter referred to as the repealed Ordinance) is repealed.

(2) Notwithstanding subsection (1) of this section any certificate of licence issued under the provisions of the repealed Ordinance shall be deemed to have been issued under the corresponding provisions of this Act:

Provided that the provisions if section 16 of this Act shall apply to every film introduced into Western Samoa from abroad after the commencement of this Act notwithstanding any certificate issued in relation to such film under the repealed Ordinance.

(3) Notwithstanding any other provisions of this Act, a person who, immediately before the date of commencement of this Act, was engaged in the business of exhibiting films shall be entitled to continue such business without a licence under Part III of this Act until the 31st day of December 1978.

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The Film Control Act 1978 is administered in the Department of Justice.