Obscene film
(1) No person shall—
(a) have or cause himself to have in his possession, custody, control or ownership; or
(b) circulate, exhibit, distribute, display, manufacture, produce, sell or hire,
any film or film-publicity material which is obscene or is otherwise against public decency.
(2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Unapproved film or film-publicity material
(1) No person shall—
(a) have in his possession or in his custody or under his control; or
(b) circulate, exhibit, distribute, display, manufacture, produce, sell or hire,
any film or film-publicity material which has not been approved by the Board.
(2) Any person who contravenes subsection (1) commits an offence and shall be liable on conviction—
(a) in respect of any film, to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(b) in respect of any film-publicity material, to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.
(3) This section shall not apply to any film or film-publicity material in respect of which a certificate of exemption has been issued under subsection 8(3) so long as any conditions subject to which the certificate is issued are complied with.
Detention of imported film and film-publicity material
(1) Where any film or film-publicity material is imported into Malaysia, the proper officer of customs to whom such film or filmpublicity material is presented upon such importation or who discovers such importation shall detain the film or film-publicity material.
(2) Any film or film-publicity material detained under subsection
(1) shall not be released unless a permit or a certificate of exemption issued under section 8 in respect of the film or film-publicity material is presented to a proper officer of customs having control of the film or material.
(3) Any person who, without a permit or a certificate of exemption issued under section 8, removes or causes to be removed from the control of any proper officer of customs any film or film-publicity material which has been imported into Malaysia commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Permit, etc., for the purpose of section 7
(1) The Board may issue a permit for the purpose of section 7 if an application is made to the Board in the prescribed manner.
(2) A permit issued by the Board—
(a) shall be valid only for such period as may be specified in the permit; and
(b) shall specify the time and place for the submission of the film or film-publicity material for censorship.
(3) Notwithstanding subsections (1) and (2), the Board may issue a certificate of exemption for the purpose of section 7 in respect of any film or film-publicity material imported into Malaysia—
(a) which the owner does not intend to exhibit in Malaysia, if the owner has notified the Board in writing that he does not intend to exhibit it in Malaysia or permit its exhibition in Malaysia, and has supplied the Board with a full description of the film or film-publicity material;
(b) which the Board is satisfied is intended for private use; or
(c) where such film has been made or produced in Malaysia by a local or foreign corporation or company with a view for worldwide distribution, other than Malaysia,
if an application is made by the owner in the prescribed manner.
(4) Without prejudice to subsection (2), the Board’s power to issue a permit or a certificate of exemption under this section includes the power to impose conditions subject to which the permit or certificate is issued.
Submission of film for censorship
(1) The owner of a film shall submit the film in the prescribed manner for censorship to the Board without any alteration or excision and at his own risk and expense—
(a) in the case of an imported film not exempted under subsection 8(3) which is released under section 7, within the time and at the place specified in the permit issued in respect of the film under subsection 8(1); or
(b) in the case of a film made or produced in Malaysia and intended to be exhibited in Malaysia, within fourteen days of the completion of such making or production.
(2) The owner of a film who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Decision of the Board
(1) Having viewed a film submitted to it for censorship, the Board may—
(a) approve the film for exhibition without any alteration;
(b) approve the film for exhibition with such alteration as it may require; or
(c) refuse to approve the film for exhibition.
(2) The Secretary shall notify the owner of the film in writing of the decision of the Board made under subsection (1).
(3) In a case to which paragraph (1)(b) or (1)(c) applies, the Board shall furnish to the owner of the film in writing its reasons for requiring the alteration or for the refusal.
Alterations
(1) The alteration required by the Board under paragraph 10(1)(b) may be made—
(a) by the Board; or
(b) with the written consent and subject to any conditions of the Board, by the owner of the film.
(2) If any film is delivered to the owner of the film for the purpose of enabling the owner to make alterations to the film under paragraph 10(1)(b), the owner shall return the film to the Board—
(a) within such time as the Board may specify; and
(b) with any excised parts, if alteration by way of excision has been made.
(3) The owner of a film who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Retention and return of film
(1) Where the Board has refused to approve the exhibition of any film, it may retain the film for a period not exceeding three months from the date of its decision.
(2) Where the Board has refused to approve the exhibition of any imported film, the Board may order the return of the film if the Board is satisfied that the owner intends to re-export the film.
Disposal of unapproved film
If the Board refuses to approve the exhibition of any film, the Board may confiscate and destroy or otherwise dispose of such film—
(a) after the expiry of the period mentioned in subsection 12(1); or
(b) if there is any appeal made in accordance with section 21 to the Appeal Committee and if the Committee affirms the decision of the Board, after the decision of the Committee is communicated to the Chairman of the Board under section 24.
Certificate “A”
The Board shall certify that a film—
(a) has been approved under paragraph 10(1)(a); or
(b) has been altered as required by the Board,
by issuing a certificate which shall be known as ‘Certificate “A” ’.
Classification of film
The Board may, before issuing a certificate under section 14, classify the film in such manner as may be prescribed.
Duplication of film
(1) Where a person intends to duplicate the whole or any part of a film which has been certified under section 14, he shall submit a statutory declaration to the Board stating—
(a) his intention to make duplicate copies;
(b) the precise number of duplicate copies he intends to make; and
(c) that the duplicate copies are made from the original film approved and certified by the Board under sections 10 and 14 respectively.
(2) No person shall make a duplicate copy of the whole or any part of a film that has not been approved and certified by the Board under sections 10 and 14 respectively.
(3) Any person who contravenes subsection (2) commits an offence and shall be liable on conviction to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Certificate “B”
The Board shall issue a certificate which shall be known as ‘Certificate “B” ’ for every duplicate copy made in accordance with section 16.
Display of mark of approval, certificate and classification
(1) The owner of a film approved by the Board for exhibition shall affix on the film the Board’s mark of approval.
(2) There shall be displayed in the prescribed manner in respect of every film approved by the Board for exhibition—
(a) the certificate in respect of the film;
(b) the classification of the film; and
(c) the name and address of the person who exhibits, distributes, displays or sells, as the case may be, the film.
(3) The owner of a film who contravenes subsection (1) commits an offence.
(4) Any person who—
(a) exhibits, distributes or sells a film in contravention of subsection (2); or
(b) displays in respect of a film a classification different from that given by the Board to the film,
commits an offence.
(5) A person who is convicted of an offence under this section shall be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Submission of film-publicity material
(1) Every film-publicity material shall be submitted in the prescribed manner to the Board for its approval.
(2) Sections 10 and 11 shall apply to any film-publicity material submitted to the Board for its approval as if for the word “film” in those sections the words “film-publicity material” had been substituted.
(3) Any person who contravenes subsection 11(2) read together with subsection (2) of this section commits an offence.
(4) A person who is convicted of an offence under this section shall be liable to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.
Mark of approval on film-publicity material
(1) The Board shall affix its mark of approval on any filmpublicity material which has been approved by the Board or which has been altered as required by the Board.
(2) Where multiple copies of any film-publicity material are submitted for the Board’s approval, the Board shall affix its mark of approval on the first copy only and duplicate copies may be made of such first copy.
(3) Any person who exhibits any film-publicity material or any duplicate copy of such material without displaying the Board’s mark of approval in respect of such material commits an offence and shall on conviction be liable to a fine of not less than one thousand ringgit and not more than ten thousand ringgit.
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).
