Film Censorship Concept Act 2002

Original Language Title: Film Censorship Act 2002

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WM laws of MALAYSIA Act REPRINTING 620 FILM CENSORSHIP ACT 2002 Contain all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 law Malaysia2 ACT 620 FILM CENSORSHIP ACT 2002 date of Assent.................. 29 January 2002 date of publication in the Gazette............ February 7, 2002 REPRINT BEFORE Reprinting the first............ 2004 film censorship 3 laws of MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Disapplication of 3. Interpretation Part II BOARD FILTER 4. The establishment of the Board PART III CONTROL MOVIES and FILM PUBLICITY MATERIALS 5 porn 6. Film or film publicity materials not approved 7. The detention of film and film publicity materials imported 8. Permits, etc., for the purpose of section 7 9. Production of the film for filtering 10. The Board's Decision 11. Variation 12. Storage and return of film law Malaysia4 620 ACT Section 13. Disposal of the film that were not approved 14. Certificate "A" 15. Film classification 16. The making of duplicate movies 17. Certificate of "B" 18. Exhibition sign of approval, certification and classification 19. Production of film publicity materials 20. Sign of approval at the film's publicity materials PART IV APPEALS 21. Appeal 22. The Appeal Committee 23. Authority The Committee Of Appeal 24. The Board must implement the decision of the Appeal Committee part V of MINISTER 25. Instructions 26. Prohibition 27. Regulations 28. Exclusion Of PART VI POWER In RELATION To Enforcement, SEIZURE, ARREST, Etc.
29. Appointment of enforcement officers 30. Authority to investigate 31. 32 power card. Search and seizure warrants with 33. Search and seizure without a warrant 34. Film censorship inspection 5 Section 35. The seizure of the film, etc.
36. A notice of seizure 37. The power of arrest 38. The power to require the attendance of the person who knew the case 39. Examination of person who knew the case of 40. Forfeiture of the film, etc., seized 41. The cost of holding the film, etc., seized 42. There are no costs or damages arising from seizure can be retrieved PART VII MISCELLANEOUS 43. Prosecution 44. The jurisdiction of the magistrate's Class 45. Offences by body corporate 46. Compounding of offences 47. 48 presumption. Decisions under the Act is not subject to appeal or review 49. Public servants 50. Immunity from legal action, 51. No liability for loss or damage to the film or the film's publicity materials 52. Disposal of unclaimed film PART VIII TRANSITIONAL PROVISIONS REPEAL, and EXCLUSION of 53. Abolition of the 54. Board and Committee 55. Continuation of law 56. Reference to the repealed laws Act SCHEDULE to the law Malaysia6 ACT 7 620 film censorship laws of MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 an act in relation to film censorship and things related to it.
[1 May 2002, P.U. (B) 100/2002]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the film censorship Act 2002.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
Disapplication of 2. (1) for the avoidance of doubt, it is hereby declared that this Act shall not apply to the Federal Government or the Government of any State.
(2) this Act shall not apply to — (a) any films funded by the Federal Government or the Government of any State;
(b) any film dipindahkapalkan in Malaysia for penghantarserahan in a place outside Malaysia;
(c) any film whether produced in Malaysia or imported to Malaysia that the owner does not intend to serve in Malaysia or any film released in Malaysia and intended by the owner to the law Malaysia8 ACT 620 for distribution to the rest of the world, in addition to Malaysia, if a permit or a certificate of exemption has been granted under section 8 by the Board;
(d) any film, which is not obscene or lusted after, which is in the possession of any person or his agent and intended for its own private use and not for the purpose of sale, rental, distribution, or dissemination of public penayangan as long as the film is in possession of it.
(3) this Act shall not be construed as permitting the censorship of any movie or film publicity materials published, displayed, disseminated, released, distributed or transmitted via the internet or via the intranet.
Interpretation 3. In this Act, unless the context otherwise requires — "film publicity materials" includes the whole or any part of a picture, photographs, posters, diagrams, slides, leaflets, newspapers ads and any other form of advertising or duplicate original printed or recorded on any substance and intended for menyerantakan of a film;
"goods" means equipment or equipment used to make and process film or penduanya, and includes television set and video cassette recorder;
"prescribed" means prescribed by the Minister by regulations made under this Act;
"movie" includes the whole or any part of — (a) a cinematographic film; and (b) a videotape, laser disc, diskette, CD, hard disk, and other records, the original or a duplicate for a sequence of images pictures look, which is a record that can be used as a way to show the sequence as a moving picture, whether or not accompanied by sound;
Film censorship 9 "Appeal Committee" means the Appeal Committee established under section 22;
"Board" means the Censorship Board established under section 4;
"Minister" means the Minister responsible for matters regarding the censorship of films and film publicity materials and, except in relation to the power to make regulations, including Deputy Minister;
"customs officer" has the meaning given to that expression in the Customs Act 1967 [Act 235];
"Enforcement Officer" means a person appointed enforcement officers under section 29 and includes an Assistant enforcement officers and enforcement officers lower;
"police officer" means a police officer, as defined in the Police Act 1967 [Act 344], not below the rank of Inspector;
"owner", in respect of a film or the film's publicity materials, means — (a) any person entitled to upon possession movies or the film's publicity materials either film or the film's publicity materials made or produced in Malaysia or imported from outside Malaysia; or (b) any person who has a film or the film's publicity materials in its possession or control, pemunyaannya at the time concerned;
"Chairman" means the Chairman of the Board appointed under paragraph 4 (1) (a) and includes Vice Chairman and Chairman while carrying out the duties of the Chairman;
"alteration" includes deletions, additions, removal, deletion, reconstruction or removal of scenes, sound and dialogue, in whole or in part, from a film, and insertion or alteration including subtitles in a movie;
"Secretary" means the Secretary to the Board under subsection 4(3), and includes any person Assistant Secretary;
Law Malaysia10 ACT 620 "impressions" includes any production music, speeches, noise or other sounds that accompany the penayangan a film, and "show" shall be construed accordingly.
PART II Establishment Of A CENSORSHIP BOARD Board 4. (1) there shall be a censorship board comprising the following members who shall be appointed by the Minister: (a) a Chairman;
(b) a Vice Chairman; and (c) not less than two other people.
(2) the provisions set out in the Schedule shall apply to the Board.
(3) shall be made available to the Board of a Secretary and such number of Assistant Secretaries and clerical assistant and Assistant-other Assistant.
(4) the Secretary, Assistant Secretary and Assistant clerical and Assistant available to the Board under subsection (3) shall also provide services to and assist the Committee of appeal.
PART III CONTROL MOVIES and porn FILM PUBLICITY MATERIALS 5. (1) No person shall — (a) have or cause himself to be in possession, custody, or control of pemunyaannya; Film censorship or 11 (b) disseminate, display, distribute, display, make, manufacture, sell, or rent, any film or a film publicity materials obscene or otherwise contrary to public decency.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine of not less than ten thousand dollars and not more than fifty thousand dollars or to imprisonment for a term not exceeding five years or both.
Film or film publicity materials not approved 6. (1) No person shall — (a) has in his possession or custody or under his control; or (b) disseminate, display, distribute, display, make, manufacture, sell, or rent any movie or film publicity materials that have not been approved by the Board.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be —

(a) in respect of any film, liable to a fine of not less than five thousand dollars 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 materials, liable to a fine of not less than one thousand dollars and not more than ten thousand dollars.
(3) this section shall not apply to any film or film publicity materials in respect of which a certificate of exemption has been issued under subsection 8 (3) in so far as any provision to him the certificate is issued are complied with.
The detention of film and film publicity materials imported 7. (1) where any film or film publicity materials imported into Malaysia, customs officers the right to which the film or the film's publicity materials submitted when imported or who found out about the importation shall hold a film or the film's publicity materials.
Law Malaysia12 ACT 620 (2) any film or film publicity materials 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 the film's publicity materials submitted to a customs officers legally has control over a movie or the materials.
(3) any person who, without a permit or a certificate of exemption issued under section 8, divert or cause to be removed from the control of any officer of customs of any movie or film publicity materials that have been imported into Malaysia commits an offence and shall on conviction be liable to a fine of not less than five thousand dollars and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or both of each.
Permits, etc., for the purpose of section 7 8. (1) the Board may issue a permit for the purpose of section 7 if application is made to the Board in the prescribed manner.
(2) a permit issued by the Board — (a) shall be valid only during such period as may be specified in the permit; and (b) shall specify the time and place for the production of the film or the film's publicity materials for filtering.
(3) Notwithstanding subsection (1) and (2), the Board may issue a certificate of exemption for the purposes of section 7 with respect to any film or film publicity materials imported into Malaysia — (a) that the owner does not intend to transparencies in Malaysia, if the owner has told the Board in writing that he did not mean to show the film or the film's publicity materials in Malaysia or allow ever made in Malaysia , and has already given a full description of the Board about the film or the film's publicity materials;
(b) the Board is satisfied are intended for personal use; Film censorship or 13 (c) if the film had been made or produced in Malaysia by a corporation or a local or foreign company with the aim of distribution to the rest of the world, in addition to Malaysia, if application is made by the owner in the prescribed manner.
(4) without prejudice to subsection (2), the power of the Board to issue a permit or certificate of exemption under this section include the authority to impose conditions that are subject to it permit or certificate issued.
Production of the film for filtering 9. (1) the owner of a film shall submit the film to the Board for filtering in the prescribed manner without any alteration or deletion and on the risks and expenses of its own — (a) in the case of an imported films which are not exempted under subsection 8 (3) released under section 7, in time and in the place stated in the permit issued in respect of it under subsection 8 (1); or (b) in the case of a film made or produced in Malaysia and intended to be shown in Malaysia, within fourteen days from the date of manufacturing or production is completed.
(2) the owner of the film who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine of not less than five thousand dollars and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
The Board's Decision 10. (1) after watching a film that was presented to it for refining, the Board may — (a) to approve the film for release without any alteration;
Law Malaysia14 ACT 620 (b) approval of the film for release in any variation of wills or (c) refuse to approve the film penayangan.
(2) the Secretary shall notify the owner of the film in writing of the decision of the Board made under subsection (1).
(3) in the case to which paragraph (1) (b) or (1) (c) applies, the Board shall give written notice of the film's owner because the alasan-alasannya require alteration or for such refusal.
Variation 11. (1) the Variation required by the Board under paragraph 10 (1) (b) may be made — (a) by the Board; or (b) with the consent in writing and subject to such conditions as the Board, by the owner of the film.
(2) if any film dihantarserahkan to the owner of the film for the purpose of enabling the owner to make alteration to it under paragraph 10 (1) (b), the owner shall return the film to the Board — (a) within the time specified by the Board; and (b) by any part of the cut, if the variation in production has been made.
(3) the owner of the film who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine of not less than five thousand dollars and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Storage and return of film 12. (1) if the Board refuses to approve penayangan any film, the Board can store the movie for a period not exceeding three months from the date of its decision.
Film censorship 15 (2) if the Board refuses to approve penayangan any movies to be imported, the Board may order that it be returned if the Board is satisfied that the owner intends to re-export the movie.
Disposal of the film that were not approved 13. If the Board refused to approve the penayangan any film, the Board may seize and destroy or otherwise dispose of the film — (a) after the expiration of the time referred to in subsection 12(1); or (b) if there is any appeal made under section 21 to the Committee of appeal and if the Committee confirmed the Board's decision, after the results of the Committee conveyed to the Chairman of the Board under section 24.
Certificate "A" 14. The Board shall certify that a film — (a) has been approved under paragraph 10 (1) (a); or (b) has been changed as required by the Board, by issuing a certificate which shall be known as ' Certificate "A" '.
Film classification 15. The Board may, before issuing a certificate under section 14, classifying it in such manner as may be prescribed.
The making of duplicate film 16. (1) If a person intends to make a duplicate of the whole or any part of a film that has been certified under section 14, he shall submit a statutory declaration to the Board stating — (a) its proposal to make duplicate copies;
Law Malaysia16 620 ACT (b) the actual number of duplicate copies that he intends to make it; and (c) that duplicate the original movie made from the approved and certified by the Board, each under section 10 and 14.
(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, each under section 10 and 14.
(3) any person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine of not less than five thousand dollars and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Certificate of "B" 17. The Board shall issue a certificate which shall be known as the ' certificate of "B" ' for every duplicate copies made in accordance with section 16.
Exhibition sign of approval, certification and classification 18. (1) the owner of a film which was approved by the Board for the show should be the sign of mengecapkan on the Film Board approval.
(2) there shall be displayed in the prescribed manner in respect of every movie approved by its Board to show — (a) a certificate in respect of the film;
(b) the classification of the film; and (c) the name and address of the person who shows, distribute, exhibit or sell, as the case may be, the film.
(3) the owner of the film who contravenes subsection (1) commits an offence.
Film censorship 17 (4) any person who — (a) display, distribute or sell a movie in contravention of subsection (2); or (b) in respect of an exhibit a film classification differs from the classification given by the Board to the film, commits an offence.
(5) a person convicted of an offence under this section may be liable to a fine of not less than five thousand dollars and not more than thirty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Production of film publicity materials 19. (1) every film publicity materials should be submitted to the Board in the prescribed manner for his approval.

(2) sections 10 and 11 shall apply to any film publicity materials submitted to the Board for its approval as if the word "movie" in that section were replaced with the words "publicity materials" film.
(3) any person who contravenes subsection 11 (2) read in conjunction with subsection (2) of this section commits an offence.
(4) any person convicted of an offence under this section may be liable to a fine of not less than one thousand dollars and not more than ten thousand dollars.
Sign of approval in 20 film publicity materials. (1) the Board shall mengecapkan a sign of his approval on any of the film's publicity materials that have been approved by the Board or that have changed as required by the Board.
(2) where multiple copies of any film publicity materials submitted for approval by the Board, then the Board shall mengecapkan a sign of his approval at first only copy and duplicate copies can be made from a copy of the first.
Law Malaysia18 ACT 620 (3) any person who shows any movie publicity materials or any duplicate such materials without displaying a sign of approval by the Board in respect of such materials commits an offence and shall on conviction be liable to a fine of not less than one thousand dollars and not more than ten thousand dollars.
PART IV APPEALS Appeals 21. (1) the owner of any movie or film publicity materials aggrieved by any decision of the Board may, within thirty days from the date she was told about the decision and on payment of the prescribed fee, appeal to the Appeal Committee by submitting to the Secretary a written notice of appeal.
(2) the notice of appeal may contain representations of the owner.
The Appeal Committee 22. (1) there shall be an Appeal Committee consisting of the following members: (a) a Chairman who shall be appointed by the Minister;
(b) a Vice Chairman who shall be appointed by the Minister;
(c) the Chief of police, or his representative;
(d) the Secretary-General of the Ministry responsible for matters relating to film and film publicity materials, or his/her representative;
(e) the Secretary-General of the Ministry responsible for matters relating to the regulation of broadcasting, or his/her representative;
(f) the Director General of education, or his representative; and (g) the thirteen other members who shall be appointed by the Minister.
Film censorship 19 (2) the provisions set out in the Schedule shall apply to the Appeal Committee.
Authority The Committee Of Appeal 23. (1) the Appeal Committee shall have power to confirm, vary or reverse the decision of the Board.
(2) the decision of the Appeal Committee is final and shall not be questioned in any court.
The Board must implement the decision of the Appeal Committee 24. (1) the Secretary shall notify the Chairman of the Board of the decision of the Appeal Committee.
(2) when informed of the decision of the Appeal Committee with respect to any film or film publicity materials, the Chairman of the Board shall take any action, if any, necessary to implement the decision.
Part V Of MINISTER Instructions 25. (1) the Minister may issue directions of general nature in accordance with the provisions of this Act to the Board or the Committee of appeal about government policy in relation to public penayangan film and film publicity materials.
(2) the Board or the Committee of appeal, as the case may be, shall give effect to directions referred to in subsection (1).
Prohibition 26. Notwithstanding any other provisions of this Act, if the Minister is of the opinion that the penayangan, exhibition, distribution, possession, dissemination or sale of any movie or any law Malaysia20 ACT 620 film publicity materials are contrary to the public interest, he may, at its absolute discretion, by order published in the Gazette, prohibit penayangan, exhibition, distribution, possession, dissemination or sale of the film or the film's publicity materials.
Regulations 27. The Minister may make such regulations as expedient or necessary for carrying out the provisions of this Act, including regulations which prescribe — (a) the methods of production of film and film publicity materials to the Board for the purpose of filtering;
(b) fees for any matter under this Act;
(c) the classification of the film;
(d) procedures relating to the disposal of films not claimed;
(e) offences that can be is compounded.
Exemption from 28. The Minister may, subject to such conditions as may be imposed by it — (a) exclude any film or any class of films, including films sponsored by the Federal Government following a treaty, agreement or arrangement to which the Federal Government has become a party to it, from the application of any provision of this Act or regulations made under this Act; and (b) if he is satisfied that it would not be contrary to the public interest or the national interest to do so, exempt any person or any film or film publicity materials from any provision of this Act or regulations made under this Act.
Film censorship 21 PART VI POWER in RELATION to enforcement, SEIZURE, ARREST, etc.
Appointment Of Enforcement Officers 29. The Minister may appoint such number of enforcement officers for the purposes of this Act and the regulations made under this Act.
Authority to investigate 30. A power amplifier or a police officer shall have the authority to investigate any offence under this Act.
31 Power card. (1) there shall be issued to each enforcement officers a power card shall be signed by the Minister.
(2) when a person enforcement officers exercising any power under this Act or any regulations made under this Act, he shall, when requested, submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
Search and seizure warrants with 32. (1) where in the opinion of someone Magistrate, based on information given in writing and after such inquiry as he may deem necessary, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or legal Malaysia22 620 ACT (b) in any premises evidence necessary for the conduct of investigations of the Commission of an offence, under this Act or any regulations made under this Act, the Magistrate may issue a warrant which authorizes the enforcement officers or police officer named in the warrant, at any reasonable time either on the day or night and with or without the help of , to enter the premises, if necessary by force.
(2) a warrant issued under subsection (1) may authorize enforcement officers or police officers to search the premises for finding, and to seize and remove from the premises — (a) any film, the film's publicity materials, book, document or other thing in respect of which an offence has been or is suspected to have been committed; and (b) any film, the film's publicity materials, books, documents or other things that are reasonably believed to testify to the Commission of the offence.
(3) an Enforcement Officer or police officer acting under subsection (1) or (2) may — (a) break open any door or in the premises or any fences, blockades, gates or other barriers to the premises, to enter into the premises;
(b) remove by force any barriers to entry, search, seizure or removal which he is empowered to perform it under subsection (1) or (2); and (c) detain every person found in the premises until the place is complete searched.
Search and seizure without a warrant 33. When one enforcement officers or police officer has reasonable grounds to believe that any film or the film's publicity materials in respect of which an offence under this Act or any rules that film censorship 23 made under this Act has been committed may be found in or in any place or premises or any person, in any vehicle , the vessel or transport equipment and that by reason of delay in obtaining a warrant under section 32 goals search may terkecewa, he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the place or premises it;
(b) stop and inspect persons, vehicles, vessels or transport it; and (c) seize any movie or film publicity materials or other things that may be discovered and can be evidence as to the Commission of the offence.
Examination of person 34. No person shall be searched except by another person of the same gender was with that person, and the examination shall be carried out with utmost politeness.
The seizure of the film, etc.
35. without prejudice to subsection 32 (2) and section 33, any film, the film's publicity materials, books, documents or other things reasonably suspected by an enforcement officers or police officer has been used or will be used in the Commission of any offence under this Act or any regulations made under this Act may be seized and detained by enforcement officers or the police officer.
Notice of seizure

36. (1) If any seizure made under this part, enforcement officers or police officer who made the seizure shall provide a list of every film, the film's publicity materials, books, documents or other things seized and free movies, movie publicity materials, books, documents or other things that have been found and shall sign the list.
Law Malaysia24 ACT 620 (2) List provided in accordance with subsection (1) shall be given forthwith to the residents of the place or premises in which film publicity materials, film, book, document or other thing seized is found.
(3) where seizure is made in or from any place or premises which is not occupied, enforcement officers or police officer who made the seizure shall whenever possible affixing significantly a list of things seized in the premises or place.
(4) where any film, the film's publicity materials, book, document or other thing seized other than in or from any place or premises, Enforcement Officer or police officer making the seizure shall give a written notice of the seizure and seizure to the owner of the film, the film's publicity materials, books, documents or other things seized it by submitting a copy of the notice to the owner itself or by post to the business or place of residence.
(5) notice under subsection (4) is not to be given if the seizure is made in the presence of or with the knowledge of the owner.
Power to arrest 37. (1) any enforcement officers may arrest without warrant any person who he reasonably have done or tried committing an offence under this Act or any regulations made under this Act.
(2) an enforcement officers who made the arrest under subsection (1) shall without unnecessary delay hand over the person arrested to the nearest police officer or, if no police officer, leading the person to the nearest police station, and thereupon such person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.
25 film censorship authority to require the presence of the person who knew the case of 38. (1) an enforcement officers making an investigation under this Act or any regulations made under this Act may, by written order, require any person who in the opinion of the Enforcement Officer to know the facts and circumstances of the case so as to appear before it, and such person shall attend as so required.
(2) if any person refuses to attend as required by an order made under subsection (1), the enforcement officers can report refusal to a Magistrate who shall issue a warrant to secure the attendance of such person as required by the order.
Examination of person who knew the case 39. (1) an enforcement officers making an investigation under this Act or any regulations made under this Act may examine orally any person who expected to find out the facts and circumstances of the case.
(2) a person examined under subsection (1) legally bound to answer all questions relating to the case submitted to it by the enforcement officers, but he can refuse to answer any question that the answer may expose him to a criminal charge or penalty or forfeiture.
(3) a person who makes a statement under this section bound to state the truth, whether or not the statement was made in whole or in part to answer such questions.
(4) an enforcement officers examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
Law Malaysia26 620 ACT (5) a statement made by any person under this section shall, whenever possible, reduced to writing and signed by the person making it or affixed with cap head jarinya, as the case may be, after — (a) the statement was read out to him in the language of the statement made by him; and (b) he is given the opportunity to make any corrections he wanted.
(6) if the person making a statement under this section refuses to sign or mengecapkan cap head jarinya on that statement, enforcement officers should endorse or at that statement under his hand to the fact of the refusal and the reason, if any, specified by the person who inspected it.
Forfeiture of the film, etc., seized 40. (1) any film, the film's publicity materials, book, document or other thing seized under this Act shall be dilucuthakkan.
(2) an order for forfeiture or for the release of any film, the film's publicity materials, book, document or other thing seized under this Act shall be made by the Court before which prosecution therefor have been carried out.
(3) an order for forfeiture under subsection (2) shall be made if it is proved to the Court is satisfied that an offence under this Act or any regulations made under this Act has been committed and that the film's publicity materials, film, book, document or other thing that is a matter for or used in the Commission of the offence, although no one has been convicted of the offence.
(4) if there is no prosecution in respect of any film, the film's publicity materials, book, document or other thing seized under this Act, the film, the film's publicity materials, books, documents or other things shall be taken and deemed to be forfeited upon the expiry of one calendar month from the date of presentation of film censorship 27 notice to the last known address of the person from whom the film publicity materials, film, book, document or other thing is seized stating that no prosecution in respect of a film, the film's publicity materials, books, documents or other things that, unless before the expiry of such period a claim had been made in the manner specified in subsection (5), (6), (7) and (8).
(5) any person who asserts that he is the owner of the film, the film's publicity materials, book, document or other thing referred to in subsection (4) and that the film's publicity materials, film, book, document or other thing shall not be dilucuthakkan can give personally or by his agent authorized in writing notice to enforcement officers or police officer in his possession movies , the film's publicity materials, books, documents or other things that held that he was studying film, the film's publicity materials, books, documents or other things that.
(6) where a notice referred to in subsection (5) received, enforcement officers or police officer shall refer the matter to a Magistrate to get a decision.
(7) a Magistrate a matter referred to it under subsection (6) shall issue a summons requiring the person who pointed out that he is the owner of the film, the film's publicity materials, books, documents or other things the person from whom the film's publicity materials, film, book, document or other thing is seized to appear before the Magistrate, and when they are present or when they are not present , having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter.
(8) If it is proved that an offence under this Act or any regulations made under this Act has been committed and that the film's publicity materials, film, book, document or other thing referred to in subsection (7) is a matter for or was used in the Commission of the offence, then the Magistrate shall order that the film, the film's publicity materials, books, documents or other things that dilucuthakkan and shall be If there are no such proof, order the film, the film's publicity materials, books, documents or other things the discharge.
Law Malaysia28 ACT 620 (9) any film, the film's publicity materials, books, documents or other things dilucuthakkan or be deemed to be forfeited shall be dihantarserahkan to enforcement officers or police officer and shall be disposed of in accordance with the directions of the magistrate.
The cost of holding the film, etc., seized 41. If any of the films, the film's publicity materials, book, document or other thing seized under this Act held in the custody of the Government pending the settlement of any proceedings in respect of an offence under this Act or any regulations made under this Act, the costs of holding the film, the film's publicity materials, books, documents or other things that in custody shall, in the event that any person found guilty of an offence under this Act or any regulations made under the Act This in connection with the film, the film's publicity materials, books, documents or other things that, to be a debt due to the Government by the person and shall be be obtained accordingly.
There are no costs or damages arising from seizure can be obtained

42. No person shall, in any proceedings before any court in respect of the seizure of any film, the film's publicity materials, books, documents or other things seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.
PART VII MISCELLANEOUS 43 Prosecution. No prosecution in respect of any offence under this Act or any regulations made under this Act shall be instituted except by or with the written consent of the public prosecutor.
Film Censorship Authority 29 first class magistrate court 44. Notwithstanding anything contained in any written law to the contrary, the Court of first class magistrate shall have jurisdiction to try any offence under this Act and may drop the full sentence for the offence.
Offences by body corporate 45. If a person charged with an offence under this Act is a body corporate, then every person who, at the time of the Commission of the offence, the Managing Director, General Manager or such other officer of the body corporate that, may be charged with the same Association in the proceedings together with the body corporate, and if the body corporate convicted of the charged with, then every Managing Director , a Manager or such officer shall also be deemed to have committed the offence and shall be liable to a penalty equal to the body corporate, unless he proves that the offence was committed without the knowledge, consent or pembiarannya or that he has taken reasonable steps to prevent pelakuannya.
Compounding of offence 46. (1) the Secretary may mengkompaunkan any error can compound with make an offer in writing to mengkompaunkan the offence to any person suspected to have committed the offence on payment to the Board an amount of money, not exceeding fifty per cent of the maximum fine for the offence, within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.
(3) if the amount specified in the offer under subsection (1) is not paid within the time stated in the offer or in any extended period granted by the Board, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
Law Malaysia30 620 ACT (4) If an offence is compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against a person to whom an offer for mengkompaunkan it was made.
(5) in this section, "error can compound" means an offence prescribed by the regulations made under this act as an offence that can be is compounded.
The assumption 47. For the purposes of all proceedings under this Act or any regulations made under this Act — (a) any person shall, until the contrary is proved, be deemed to be the occupier of any premises, or the owner of any vehicle, vessel or transport equipment if he has, or appears to have, care or management of premises, vehicle, vessel or the transport equipment;
(b) if any film or film publicity materials that have not been approved by the Board or in respect of which an offence under this Act or any regulations made under this Act has been done found in any premises, vehicle, vessel or transport equipment, it shall be presumed, until the contrary is proved, that the film or the film's publicity materials is there with the knowledge of the occupant of the premises , or the owner of the vehicle, vessel or the transport equipment;
(c) if any film that has not been approved by the Board found in any premises, vehicle, vessel or transport equipment, the name and address of the person found in or on any part of the film or lid shall be deemed, until the contrary is proved, as the name and address of the owner of the film intending to display, distribute, exhibit, distribute, rent or sell the film.
Film censorship 31 Decisions under the Act is not subject to appeal or review 48. No decision of the Minister, the Board or the Committee of appeal under this Act or any regulations made under this Act may be subject to appeal or review by any court for any reason.
Public servants 49. Per the following person shall be deemed to be public servants within the meaning of the Penal Code [Act 574]: (a) members of the Board and of the Appeal Committee;
(b) the Secretary and every Assistant Secretary;
(c) enforcement officers; and (d) a person employed in the Office of the Board and of the Appeal Committee Office.
Immunity from legal proceedings 50. There are no legal proceedings, prosecution or other forms of litigation shall be instituted or maintained against — (a) any member of the Board;
(b) any member of the Appeal Committee;
(c) the Secretary or Assistant Secretary;
(d) any enforcement officers; or (e) any person employed in the Office of the Board or the Appeal Committee Office, on his personal nature in respect of any act, decision or statement made or made in good faith for the purposes of or incidental to the implementation or the implementation of the proposed provisions of this Act or regulations made under this Act.
No liability for loss or damage to the film or the film's publicity materials 51. In addition to the loss or damage caused by any intentional acts on the part of the Board or the Appeal Committee or any member of the Board or Committee law Malaysia32 ACT 620 appeal, or any officer or other person employed in the Office of the Board or the Committee of appeal, the Appeal Committee of the Board, and the Government shall not be liable for loss of, or damage to, any film or film publicity materials submitted to the Board for approval or to the Committee of appeal on an appeal.
Disposal of unclaimed 52 films. (1) the Board may order any movie or film publicity materials are destroyed or otherwise disposed of as he thinks fit if the film or the film's publicity materials are still in his possession after a period of two years has expired since — (a) the date of the film or the film's publicity materials to be detained under section 7;
(b) if the film or the film's publicity materials approved under section 10, the date the Board tell the owner under subsection 10 (2); or (c) if any variation of a movie or a film publicity materials required under section 11, the date of the Board told the owner to take possession of the film or the film's publicity materials.
(2) for the purposes of subsection (1), any film or film publicity materials under the control of an officer of customs by virtue of section 7 shall be deemed to be in possession of the Board.
PART VIII TRANSITIONAL PROVISIONS REPEAL, Repeal And SAVING 53. Act (Censorship) 1952 Film [Act 35] (in this section referred to as "Act repealed laws") is repealed.
Board and Committee 54. (1) the film censorship board, the appraisal Committee and the Appeal Committee established by the Act repealed laws should be abolished.
Film censorship 33 (2) Notwithstanding subsection (1), every person who is a member of the film censorship board and Committee of appeal under the Act repealed laws immediately before the date on which this Act comes into force shall, on that date — (a) in the case of a Film Censorship Board Member, be deemed to have been appointed as a member of the Board established under section 4; and (b) in the case of a member of the Appeal Committee, deemed to have been appointed as a member of the Appeal Committee established under section 22, and shall continue to be so until the expiry of the Member for which he appointed under the repealed laws.
(3) Notwithstanding subsection (1), any matter pending before the film censorship board, the Appeal Committee Appraisal Committee under the repealed laws shall be disposed of by the Board and the committees under the repealed laws as if the Board and the committees, were not dissolved and Act repealed laws not repealed.
Continuation of the law 55. All subsidiary legislation made or deemed to have been made under the repealed laws and in force immediately before the date of commencement of this Act shall, in so far as such subsidiary legislation in accordance with the provisions of this Act, be deemed to have been made under this Act and shall remain in force until the expiry of any subsidiary legislation or cancelled or replaced.
Reference to the repealed laws Act 56. Any reference in any law regarding the Act repealed laws or Film Censorship Board or the Committee of appeal established under the repealed laws shall, unless the context otherwise requires, be construed as a reference to this Act or the Board or the Appeal Committee established under this Act, as the case may be, and any expression which carries the sound of such shall be construed accordingly.
Law Malaysia34 ACT 620 TABLE

[Subsection 4 (2) and 22 (2)]
The meaning of "Member because the position" 1. In this schedule, "Member because the position of" the Appeal Committee was a member of the Appeal Committee in addition to the members appointed under paragraph 22 (1) (a), (b) or (g).
Those who cannot be members of the Board 2. (1) subject to subparagraph (2), the following persons are ineligible to be, or remain, a member of the Board: (a) any member of Parliament or Legislative Assembly of a State;
(b) a member or officer or employee of any local authority or any corporate body or other authority established by law for a public purpose;
(c) a member of any trade union or any body or organization affiliated with a Union.
(2) no member of the public service can be appointed as Chairman or Vice Chairman of the Board unless he is on leave prior to retirement.
Those who cannot be members of the Board or Committee 3. Without prejudice to paragraph 2, the following persons are ineligible to be, or remain, a member of the Board or the Committee of appeal: (a) a person who is bankrupt;
(b) a debtor of the judgment;
(c) a person who has found or declared as not of unsound mind; or (d) a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude.
Term of Office 4. A member of the Board or the Appeal Committee member other than a member because the post shall be appointed for a term of three years or any shorter period as determined by the Minister, and upon the expiry of such period he shall be eligible for re-election.
Film censorship 35 resignation 5. A member of the Board or the Appeal Committee members other members because the post may, at any time, resign his Office by letter addressed to the Minister.
Cancellation 6. The Minister may revoke the appointment of a member of the Board or the Appeal Committee members other members because the position without assigning any reason for the revocation.
Termination of appointment of 7. Appointment of a member of the Board or the Appeal Committee members other members as positions expire — (a) when he dies;
(b) if he resigns in accordance with paragraph 5;
(c) if his appointment is revoked under paragraph 6; or (d) if he fails to attend meetings of the Board or the Committee of appeal three times in a row without the permission of the Chairman of the Board or Committee, as the case may be.
A Quorum Of The Board 8. The quorum for all meetings of the Board is three, including the person who chaired the meeting.
A Quorum Of The Appeal Committee 9. The quorum for all meetings of the Committee of appeal is six, including the person who chaired the meeting.
The person who shall preside at meetings 10. (1) the Chairman, and in the absence of the Chairman, the Vice Chairman of the Board or the Committee of appeal, as the case may be, shall preside at meetings of the Board or the Committee of appeal.
(2) in the absence of the Chairman and Vice Chairman at any meeting of the Board or the Committee of appeal, the meeting shall be chaired by a member appointed by the members present.
Casting 11. In any meeting of the Board or the Committee of appeal, the person chairing the meeting shall have a casting vote in addition to the votes normally.
Law Malaysia36 ACT 620 Allowances and privileges 12. Member of the Board and of the Appeal Committee shall be paid and given such allowances and privileges as determined by the Minister.
Delegation of powers and duties of the Board 13. (1) the Board may delegate, either generally or in any particular case, all or any of the powers conferred upon him or the duty imposed upon him under this Act to a Committee consisting of any three members of the Board.
(2) the Chairman of the Board may appoint any member of the Committee referred to in subparagraph (1) the Chairman of the Committee.
(3) no delegation under subparagraph (1) shall prevent the Board from exercising any power or performing any duty so delegated.
Marking of results 14. Then the legal laws for all decisions of the Board or the Appeal Committee or the Committee referred to in paragraph 13 is marked under the hand of the Secretary or an Assistant Secretary, and every decision that marked such shall be deemed to the Board's decision, the Appeal Committee or Committee, as the case may be.
Disclosure of interest 15. (1) a member of the Board or the Committee of appeal that has, directly or indirectly, any interest, financial or otherwise inflammatory, personally or by his partner, in any case considered by the Board or the Appeal Committee or the Committee referred to in paragraph 13 must disclose the types of interests in every meeting which it considered.
(2) a disclosure under subparagraph (1) shall be recorded in the minutes of the Board, the Appeal Committee or Committee and, unless specifically authorized by the person who chaired the meeting, the Member cannot take part in the penimbangtelitian or the Board's decision, or Appeal Committee or Committee in relation to the matter.
The validity of the Act, the proceedings and decisions of the Board and 16. No act done or proceeding taken or decisions made by the Board or the Committee of appeal can be questioned on the ground that — (a) there is a vacancy in the membership of the Board or the Committee of appeal;
Film censorship 37 (b) there is a defect in the composition of the Board or the Committee of appeal;
(c) any breach of the provisions of paragraph 15 by members of the Board or the Committee of appeal; or (d) there is any omission, defect or ketidakteraturan that notwithstanding the merits of the case.
The Board and the Committee may regulate its own procedure 17. Subject to this Act and the regulations made under this Act, the Board and the Appeal Committee may regulate its own procedure.
Law Malaysia38 ACT 620 laws of MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 LIST AMENDMENT law short title effect from which amend — NO — 39 film censorship laws of MALAYSIA Act 620 FILM CENSORSHIP ACT 2002 AMENDED SECTION LIST Section Power amend with effect from — NO —

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