This Act may be cited as the Cinematograph Films Short title. (Censorship) Act, 1952.
Act 35
Cinematograph Films Short title
This legislation has been repealed. Do not cite it as law in force.
Some sections could not be extracted from the official PDF, so this text may be incomplete.
An Act relating to the censorship of einematograph films. IWest Malaysia-Ist May, 1954; East Malaysia-Ist August, 1971.1
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In_this Act unless the context otherwise requires- Interpreta tion. "the Board" means the Board of Film Censors established under this Act to carry out the duties of censorship of films; "customs control": a film shall be deemed to be under customs control whilst it is deposited or held in any customs warehouse or licensed warehouse, or in any post office, which it vessel, train, conveyance, aircraft or place from a with the permission of propeer may not be removed except oficer of customs granted under the Customs Act, 1967; 62 67.
customs warehouse", "licensed warehouse" and "proper officer of customs" shall have the meanings assigned thereto in the Customs Act, 1967; their cognate exhibition" and "presentation", with include the production of any music, expressions, of a film which accomother sound whatsoever, speech, noise, or of a film; panies the projection means a cinematograph film; film Mnister" who is for the means any person "the owner" of a film owner either as or agent for the owner, time being entitled film, but shall not or otherwise, to the possession of that lilm is consigned for the include a bank through which a bona fide purpose of collecting a trade debt; t aaKe (iheye sole and prescribed by the Minister under this "prescribed" means Act; Sandary" warehouse or a licensed a customs "warehouse" means
-warehouse.
(1) There shall be established a Board of Film Cencar The Board andappoint consisting of not less than three members, including a ment ot officers. Chairman, all of whom shall be censors of Cinematogranh Films appointed by the Yang di-Pertuan Agong,
(2) The Yang di-Pertuah Agong may appoint such Deputy and Assistant Censors of Cinematograph Flms and Such Inspectors of Cinematograph Films as he may think fit.
(3) The Board shall be provided with a Secretary and such clerical and other assistance as may be required.
Quorum 3A. (1) (omitted). and procedure (2) The quorum at all meetings of the Board shall be two of the Board. in addition to the Chairtman.
(3) The Chairman shall have a casting vote in addition to his deliberative vote.
(4) Subject to this Act,|the Board shall regulate its own procedure. Delegation 4. (1) The Board may in its discretion delegate, to any of powers and duties. Censor, Deputy or Assistant Censor, either generally or in a particular case, all or any of the powers conferred and duties imposed upon it this Act except the power by Suby (a) to refuse to authorize the exhibition of a film in Malaysia, and c t AS-a1+
(6) to approve the exhibition in Malaysia of any film With alterationsor excisions, unless the written consent of the owner to those alterations or excisions has first been obtained Provided that no such delegation shall debar the Board from the exercise of any power or the performance of any duty so delegated.
(2) Save that the mark to be affixed to any film author1 Ing the exhibition of the film in Malaysia shall be signed by the Chairman of the Board, it shall be lawful for all decisions of the Board or of any person to whom any power or duty has been delegated by the Board to be under the hand of the Secretary of the Board and every signified decision so signified shall be deemed to be a decision of the Board. Fiims manu- 5. (1) The owner of any film produced in Malaysia sna factured in Malaysia Within fourteen days after the completion of the productio to be deposit the film in a warehouse approved for the ose deposited. by the Board. puip fnaye
S. 5-8 CINEMATOGRAPH FILMS (CENSORSHIP)
(2) Any person who omits to deposit the film shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding éné thousand dollars.
(1) No film nor any part thereof shall on removed from customs control without a importation the Importation be Board. Any such permit shall be valid permit from oatf only for the period films from specified therein. customs control.
(2) Every film or part thereof Amported shall forthwith umn be deposited by the importer thereof in a warehousee AeusleesDmhl m actadhn approved for that-purpose by the Board. wnhubiion (
(3) Any person who removes any film or any part thereof in contravention of subsection
(1), or who fails to deposit the same forthwith in a warehouse approved-under subsection--or who removes a film or part of a film, without the permission in writing of the Board, from any warehouse approved-under-subsection- (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ónë thousand dollars.
(4) This section shall not apply to any film which has been authorized for exhibition in Malaysia andoears-a-valid mark-affixed-under section 9: / n p r n k i c h o c a p ' c n d Aas bus: o l u d leunee eetior.0 9@) IA2)
All films deposited in or delivered at any warehouse Lia apprevedunder seetion 5(9-or-6-(2} shall be stored therein for damage at the risk and expense of the owner, and neither the Board films. nor the Government shall be liable for any loss of, or damage to, those films other than for loss or damage caused by some wilful act on the part of the Board, any member thereof, or its stafi.
(1) Every film which is intended for exhibition in Presentation Malaysia shall be presented for the purpose of censórship for censor ship and at such time and place alteration of at the owner's risk and expense and films. as the Board may appOint.
(2) During the course of the censorship the Board may in its discretion exclude any person from the place where the film is being projected. in
(3) The owner may at any time with the approval writing of the Board, which shall not be unreasonably a film from any warewithheld, remove any film or part of house approved under -section 6 (2) for the purpose of el making excisions-in it, or of reconstructing it, or of obtaining (itje) the authorization-of the Board for its exhibition.
IS. 8-9
removed with Dermi. or part of a lilm ission
(4) Any fAilm subsection (3) frojm a warehouse appro granted under ed under section 6 (2) shall returned to the warehon be therefrorin hours of the time of its removal forty-cight been made, shall w exciSion has ithin any excised parts, ilhours be delivered to the Board, the said forty-eight
(5) Any owner who fails so to return the film, or sol to be guilty of an offence and deliver any excised parts, shall liable to a ine not exceeding dhe shall, on conviction, be thousand dollars.
film for the purpose of Prohibition 9. (1) After the presentation of a and authori- censorship the Board mayzation oft films. refuse to authorize the exhibition of the film in
(a) Malaysia;
(b) approve the film for exhibition in Malaysia with such alterations or excisions as it may require; or
(c) approve the film for exhibition in Malaysia without alteration or exCiSion Provided that in any case to which paragraph (a) or (6) applies the Board shall thereupon furnish to the owner in Writing its reasons for the refusal or for requiring the altera tions or excisions.
(2) Where any film is approved for exhibition in Malaysia the Chairman of the Board shall, when the required alterations or excisions, if any, have been made, afix such mark as the Minister may direct authofizing the exhibition of that Aahy film in Malaysia. Classifica- 9A. (1) The Board may, when authorizing the exhibition ot tion of films. any film under section 9 (2), classify the film in such manner as it may think fit and the Minister may approve classifica tions under which films may be classified under this subsection.
(2) Where any film is classified under subsection () Board shall affix such mark as the Minister may direct to D afixed to films of that classification. .3) Any person who exhibits or causes to be exhibited an ilm classified under subsection (1)Xwithout the mark am da lhur thereto under subsection (2) shall be guilty and of an offence o n e f n shall, on conviction, be liable to a fine thousand dollars. not exceeding one 1in
IS. 10-13]
When alterations or excisions to a film are required by Making of the Board. the alterations or excisions may be made- alterations nnd exci
(a) by the Board; or sions.
b) with the consent of the Board, by the owner of the film: Provided that any film delivered to the owner under paragraph (b) shall be returned to the Board withinfortyeight hours_of the time of its delivery, and any owner who if fails to return the film, together with any excised parts and excision has been made, within that period without good shall, on reasonable cause shall be guilty of an offence and ónë thousand conviction, be liable to a fine not exceeding dollars. exhibition Retentionof to authorize the
When the Board has refused retain the film or fODItcd of any ñilm or any part of any film, it may or is disposed excised part of the film until it is exported any of under section 23. exhibited unless it has been Exhibition be
(1) No film shall mark affixed ith exhibition and bears a valid classified authority authorized for film has been where the Iorbidden.
under section 9 (2) and, the appropriate mark preunless it bears under section 9A, scribed by section 94 (2). when it is deemed to be exhibited be purposes of
(2) A film shall than during and for the in the preotherwise projected or for the purposes of a censorship the opera or. production including persons, or more Sence of eight any Advertise-
shall display or to be displayed cause the exhibi- ments of advertising
No p e r s o n poster or figure the be exhibited approved by photograph, picture, has been unless the same d i r e c t e d by the Minister. unless orized. of any film tion the mannef marked in Board and declaration Duplicate a statutory die o w n e r of a film makes duplicates, identical filnis that
(1) If the Chairman/of the Board of a film already before the màtter and footage, a r e deposited in a subject the Board the in detail, e x h i b i t i o n by Chairman of authorized for this Act, the thereto the a p p r o v e dunder inspection,,affix exhibition any further Warehouse the without (2)/authorizing
in section 9 Board may, mentioned mark in Malaysia, authorized to of those films is hereby Chairman/of the Bøárd the purposes of subsection
(2) The declarations tor evidence in any judicial receive in take and admisSible
shall be
(1), which proceedings.
S. 13-15
a statutory declarati. person who makes on under partiounder
(3) Any in any t in or incorrect any thissection which is false on conviction particular sh ollence and shall, be guilty of an declaration was false or incorrect to the if the
(a) knowledge of the maker, be liable to imprisonment Six months; for a term not exXceeding be liable to a fine not excon:.
(b) in any other case, heus trfive hundred dollars, exceedingl and the mark aflixed to any such' film shall thereupon cease to be valid.
Interdiction 14. (1) The/mark affixed under section 9 (2)/shall ceas of autho to be valid on notice, to, that elfect being given by the Board rized films to the person who has submitted the film/to be marked or y r Mu puapou to any person in pOSsession of the film: provided that if any such person cannot be found, notice may be given by
(lgo) publication in the Gazetje.
(2) On receipt/of notice under subsection (1) the person Raje) in whose possession or under whose control the ilm is shall penhft reut forthwith return the/mark to the Board and shall also, if so required, by the Board, return the film for further examination d Untorsbf
(3) Any person who fails to comply with subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand dollars. Penalties.
(1) Any person who exhibits or displays or causes to be exhibited or displayed any film or part of a film or any picture, photograph, poster or figure advertising any film-
(a) which has not been marked under section 9 (2) or 12A;
(b) which has been altered or tampered with in any way since the mark was affixed thereto; or
(c) the mark on which has ceased to be valid under section 13 or 14, shall be guilty of an offence and shall, on conviction, liable to a fine not exceeding one thousand dollars for every such offence. a A 2ua+) (2) Any Eensor and-any Deputy-eF any Inspector of Cinematograph Films Assistanteenoable at all reaS times enter any premises in which anymay film is being isIS about to be exhibited such film, and if on or displayed, and may exam e hle any such examination he has reaso
S. 15-171 CINEMAToGRAPH FILMS (CENSORSHIP) ounds for -almds for believ believing that an offence under subsection (1) or unde section 9a (3) has been or is in respect of any such film he may seizeabout to be committed the same. De
(1) Whenever a Chief Police Officer or, in Sabah and Search for Sarawak, a Divisional superintendent of Police, is satisfied, kauthorized unon written information and after any further which he may think necessary, that any inquiry arrest of cinematograph or any part thereof which has not been deposited film in a ware- concerned. house as required by section 5 or 6 or which has not been returned to the Board as required section 8 (4) is by being s a j o kept in any place, or that any cinematograph film or any part thereof which has not been åuthorized for exhibition under section 9 or 19 (4) or in respect of which the mark afixed thereto under section 9 (2 has ceased to be valid under section 13 or 14 or which since the mark was affixed thereto under section 9 (2) has been altered or tampered with, has been or is being exhibited in any place, he may issue a warrant directed to any police officer not below the rank of Inspector to enter and search the place and seize the film or part thereof, and to take into custody offence any person reasonably supposed to be guilty of an by reason of failure to deposit or to return the film or
part thereof, or by reason of the dxhibition. and Sarawak, a
(2) A Chief Police Oficer or, in Sabah without warrant, Divisional Superintendent of Polide, mayas is necessary, by With such assistance and by such force he may authorize the night or by day, himself do what do under subsection () in police officer as aforesaid to either of the following cases : of facts as satisfy him a) if he has personal knowledge for a search; or that there are suficient grqunds
(b) if he receives information orally and in circumsearch would in his stances that the object of the delay necessary for a
opinion be defeated by reducing the information writingthe to and address of person giving Frovided that the name ascertained by him betore known to or hniormation is he acts upon the information. Appeals refusal or decision aggrieved by any act, the date on which sb.by A n y owner from of the Board may within thËrty daysent of such fee as may Atna+/74+|
he is notified thereof, and on of Appeal by lodgng to a ommittee rescribed, appeal a written notice ot appet IUh the Secretary to the Board
IS. 17-181
the owncr is desirous af theAny hfo (2) representation Commiltee shall be aking madec in writing and hall be to the saidd notice of apneal included in or attached al to the Board may, in his disere 3The Secretary to such appeal tce as may be prescrib require, in addition sum as shall be sufficient to cover the deposit of such any become payabie as a result of th further fee which may e appeal.
(4) For the purposes of the appeal the owner shall deliver to the Secretary to the Board any flm or part thereof at direct. such time and place as the SCcretary may
(1) For the purposes of this Act there shall be a Com. of Appeal. mittee of Appeal which shall consist of the following eighteen persons:
(a) a Chairman, to be appointed by the Yang di-Pertuan Agong b) the Inspector-General of Police or a police officer of or above the rank of Assistant Superintendent nominated by him;
(c) an officer appointed by the Minister
(d) the Chief Education Adviser or an oficer of the Education Department nominated by the Minister charged with responsibility for the Department; and
(e) fourteen members to be nominated by the Minister and appointed by the Yang di-Pertuan Agong.
(2) Each member of the Committee of Appeal shall, unless he earlier resigns, hold office until the 31st December ot the year for which he was appointed.
(3) The members of the Committee of shall Appeal one of their number to be Vice-Chairman thereof andelect in the absence of the Chairman and the Vice-Chairman any meeting, the members present shall elect one ot trom number to preside at the ne meeting.
(4) Al any meeting of the Committee of Appeal si members shall form a quorum, and in the case ot eu voting, the Chairman, Vice-Chairman or other memoct presiding shall have a casting vote.
(5) (Omitled).
(1) The Committee make such order as it of Appeal is hereby empowered to thinks fit in Powers
(a) the approval for regard to- the Comof
subject of appeal;exhibition of any film mittee of which is the Appea
(b) the excision or and retention |of any part of the film;
(c) the classification ha of any film:
(2) If thehosidled Committee of Appeal on is of the opinion that dismissing an appeal the appeal was frivolous it may impose a further fee not exceeding two or vexatious, fifty dollars in addition to the hundred and sum has been deposited prescribed under section 17 (3) fee, and if any forfeiture of that sum or any part thereof in may order the part satisfaction of the additional satisfaction or fee.
(3) The decision of the Committee of final. Appeal shall be
(4) The decision of the Committee of Appeal shall be communicated forthwith to the-Chairman-of the Board, who-shall if necessary affix the mark -of authorization referred to in section 9 (2) or 9A (2), as the case may be, oralter er delete-the-mark, and shall take such further or other action, if any, as is necessary to give full effect to the decision. As aa2/74 9A,1a3,14c
(1) The Minister, whenever he deems it ncessary or Minister desirable, may order the, Committee of Appealkto cause to may order be projected before the2Cemmtee any film, whether the of Appeal Peeess same has been authorized for exhibition or not, for the to inspect Coirtea purpose of considering whether the same should or should (Ad n22h not be so authorized.
(2) The owner of the film, upon receiving notice to that effect from the Secretary to the Board, shall be legally bound to deposit or project the same at such time and place as the notice. may be stated in the
(3) The Committee of Appeal/may, afteras is inspection, Mat Gmuthu make in respect of the film any such order specified in a s t h e CASe
section 19 (1), and section 19 (3/ Shall thereupon apply to the order. to comply with the
(4) Any owner refusing or neglecting be guilty of an offence shall requirements of subsection (2)liable be to a fine not exceeding 90) 3 e and shall, on conviction, Cs. ma be 6ne thousand dollars.
wwabe.,
IS. 21-251
There shall be charged for censoring any film s Fees. as may be prescribed. ach fees
All persons cmployed in the ollice of the Board. Peani, Olicers hth m t i e publie to
members thekCommittee of Appeal shall be and all all f Apfl Servants. deemed servants within thc meaning of the Penal Code. to be FM.S. public s i f Car. 45. citee Sabah 3/50, A 7 ) Sk. Cap. 57. Disposal of 23. Films which have been lying in any warchouse apDround unclaimed under section 6 (2) for two years and the owner whereof i films. unknown or has omitted for that period to obtain the authorization of the Board or having Obtained it has omitted to remove the film from the possession of the Board, and films or parts of films retaied by the Board under section 11 and not claimed by the owner for export within two years from the date upon which authorization was refused, or if e Asssmen hutte e there is any appeal, from the date of the decision of the a a y be Committee of Appea), may be destroyed or otherwise t A 4+2/74 disposed of as the Boárd thinks fit. Possession 24. (1) Any person who has in his possession any obscene of obscene or lewd or lewd film shall be guilty of an offence and shall, on film. conviction, be liable to a fine not exceeding 6nd thousand Deyc) dollars or to imprisonment for a term not exceeding six months or to both.
(2) A Chief Police Officer or, in Sabah and Sarawak, a Divisional Superintendent of Police, any Censorepy-o /ncta 4at Assistant Censor or Inspector of inematograph Films,if satisfied upon written information| and after such further inquiry as he thinks necessary that any person has in his possession an obscene or lewd film, may without warrant, with such assistance and by such force as is necessary, by night or by day, enter and search any place where he has Teason to believe the film is kept, seize the film or part of the film and take into custody any person reasonably supposed to be in possession thereof.
(3) Any film in respect of which any person has been convicted under this section shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct. Exemptions. 25./This Act shall not apply to-
(a) any film sponsored by the Federal Government or the Government of any State;
(6) any film transhipped within Malaysia for delive at a place outside Malaysia;
S. 25-26A] CINEMATOGRAPH FILMS (CENSORSHIP)
(c) any film whether produced in or imported into Malaysia which the owner does not intend to exhibit in Malaysia: provided that the owner notifies the Board in writing forthwith that he does not intend to permit its exhibition in Malaysia, and supplies the Board with a full description of the film. The immunity granted herein shall not operate for more than one month from the date upon which the film has been produced in or imported into Malaysia d) any film, not being obscene or lewd, which is in the possession of any person or of his agent and is intended for his own private use and not for the purpose of sale, hire, distribution, public exhibition or circulation so long as the film remains in such possession.
(e) any film the exhibition of which is sponsored by the Federal Government pursuant to a treaty agreement or arrangement to which the Government is a party. Dgo
(2) to make and produce within Censorship
Any person intendingfilm for exhibition within Malay. or scripts.
Malaysia a cinematograph such fee as may be prescribed, S1a may, on payment offilm to the Secretary to the Board submit the script of the of a Censor but no such for the consideration and opinion of this shall affect any provisions Submission or opinion for censorship or exhibition Act relating to the presentation Board or Committee of cinematograph films nor shall the of bound by any such submission or Appeal be in any way oubi opinion. aia so) Notwithstanding of this any of the other provisionsthat the Yang di-Pertuan
(1) is of the opinion Agong may di-Pertuan Agong the public prohibit the Act, if the/¥ang would be contrary to exhibition of any, film absolute discretion, by notification exhibton of any film. he in his that nterest, may, exhibition of Gazette, prohibit the ublished in the ch n b u t i o i a l film. /pos tsepi, tncudt kuna, exhibition of who/exhibits-any film, the shall be 2) Any personprohibited under subsection (1), liable to Which has been shall, on conviction, be of an offence apd to imprisonuilty two thousand dollars or and a nne not exceeding or to both, exceeding two years of as the nent for a term not disposed or otherwise destroyed ne film shall be Minister thinks fit. 27, 28,
[List of Amendments]
LAWS OF MALAYSIA
CINEMATOGRAPH FILMS (CENSORSHIP) ACT
(Revised-1971)
Cite this legislation
- Official citation
- Act 35
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Cinematograph Films Short title [Act 35] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-35
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).