Cinematograph Law 1934

1. Citation. This Law may be cited as the Cinematograph Law.

2. Interpretation. In this Law - “appropriate authority” means the member of Government of the State for the time being charged with the responsibility for sanctioning the exhibition of films; “Board” means the Board of the Censors appointed under section 6 of this Law; “celluloid” includes substances containing nitrated cellulose or other nitrated products; “censorship committee” means a committee appointed under section 7 of this Law; “exhibition” means any exhibition of pictures or other optical effects produced by means of a cinematograph or other apparatus; “film” means a film designed for use with a cinematograph or other similar apparatus; “inflammable film” means any film containing celluloid and any other description of film which the Governor may by order declare to be inflammable for the purposes of this Law; “poster” means any picture, photograph, poster or figure advertising any exhibition and any advertisement, notice, picture or writing whatsoever intended to be projected on a cinematograph screen by means of a slide or otherwise; “premises” includes buildings and lands; “prescribed authority” means the person1 or persons appointed as such by the Governor either in regulations made under this Law or by notice in the State Gazette; “president” means president of the Board.

3. Exhibition of inflammable film. No exhibition for the purpose of which inflammable film is used shall be given except in compliance with the provisions of this Law and except in premises, or in vehicle or vessels, licenced in accordance with the provisions of this Law.

4. Provisions as to licences. (1) No licence shall be granted in respect of any premises or vehicle or vessel unless the prescribed authority is satisfied that such premises or such vehicle or vessel is safe and otherwise suitable for the proposed exhibition. (2) The prescribed authority may grant licences to such persons as it thinks fit to use the premises or vehicle or vessel specified in the licence for the purposes aforesaid on such terms and conditions, and under such restrictions as, subject to regulations made hereunder, the prescribed authority may by the respective licences determine: Provided always that the prescribed authority may - (a) refuse to grant any such licence; or (b) at any time modify or vary the terms, conditions and restrictions of, or revoke, any such licence. (3) A licence shall be in force for one year or for such shorter period as the prescribed authority on the grant of the licence may determine, unless the licence is previously revoked.

5. Supervision at exhibitions to ensure safety from fire. (1) Where the prescribed authority has granted a licence upon the condition that The exhibition shall be conducted under the superintendence of a Government officer, it shall in such case be lawful for such Government officer at any time to order such exhibition to cease, or to give any other direction which he may think necessary for the purpose of ensuring the safety from fire of the premises in which the exhibition takes place or of the people attending the exhibition. (2) Any person who in any way hinders or obstructs any such Government officer shall be guilty of an offence and shall be liable to a fine often thousand naira.

6. Appointment of Board of Censors of films and posters. (1) The Executive Council shall appoint such persons as it shall think fit to constitute a Board of Censors and shall appoint a president thereof. (2) In the absence of the president from any meeting of the Board such person as the members present may appoint shall be the chairman of such meeting. (3) The determination of any question before the Board shall be according to the opinion of the majority of the members present. (4) The chairman pf a meeting shall have a casting vote. (5) Five members of the Board shall form a quorum.

7. Appointment of censorship committees. (1) The Board shrill appoint one or more committees, each consisting of not less than three and not more than five of its members, to be censorship committees for the purposes of this Law. (2) Whenever for any reason a member of the Board appointed to be i member of a censorship committee is unable to act as a member of the committee, the Board or the president may appoint another member of the Board as a member of the: committee to hike the place of such member. (3) Where the president is a member of a censorship committee he shall be the chairman of any meeting of the committee. If he is not a member of the committee, or although a member is from any meeting, the committee shall appoint one of its members to be chairman of such meeting. (4) A censorship committee shall not exercise any powers conferred upon it by this Law unless all of its members are present. (5) The question whether a film shall be approved or not by a committee shall be determined by a majority of the votes of the members and the chairman of the meeting pf the committee or the person acting as such shall have and exercise a casting vote in the case of equality of votes.

8. Films and poster not to be exhibited unless approved. No person shall - (a) exhibit, or cause or allow to be exhibited, any film; or (b) exhibit or cause or allow to be exhibited or displayed, any poster, unless the same has been approved and such exhibition or display is in an area or place specified by a censorship committee or, on appeal under section 10, by the Board: Provided that the Board of Censors may, in its entire discretion, exempt from the provisions of this section any film or poster or class of films or posters produced or issued by or under the direction of the Government or of the Government of the United Kingdom or of the Government of any Commonwealth country or of any department of the Government or of such Governments: And provided further that the provisions of this section shall not apply to an exhibition given in private premises to which the public are not admitted (whether on payment or otherwise).

9. Duties and powers of censorship committee. (1) It shall be the duty of a censorship committee to view, examine and censor every film and poster intended for use in connection with an exhibition submitted to it for approval in accordance with regulations made under this Law. (2) Whenever the censorship committee shall approve any film or poster, it shall signify its decision in the prescribed form, and shall also affix an identification mark recording its decision. The censorship committee may approve part of a film whilst disapproving another part thereof, and may give such directions in the matter and may so act as it shall think proper for the purpose of giving effect to its decision. (3) A film to which any matter has been added after it has been approved shall be again submitted for approval, and until it has been again approved shall be deemed not to have been approved. (4) Any approval given under the provisions of subsection (2) or subsection (3) may be general, in which case it shall apply to the whole of the Delta State, or may specify the area or place in which such film or part thereof or such poster may or may not be exhibited or displayed, as the case may be. Any decision so made shall form part of the decision to be recorded in accordance with the provisions of subsection (2) and shall be the subject of appeal in accordance with the provisions of section 10 as if it were a refusal to approve. (5) When a censorship committee has refused to approve any film or part thereof, and an appeal against such refusal has not been instituted under section 10, the committee may retain such film or excise and retain such part until its exportation from Nigeria or until it is otherwise disposed of in accordance with the directions of the committee, and the committee shall have the like powers where an appeal against such refusal has been dismissed.

10. Right of appeal. (1) There shall be a right of appeal in the manner prescribed by- regulations made hereunder to the board by - (a) any person aggrieved by the refusal of a censorship committee to approve any film or part thereof or poster, provided such appeal is instituted within twenty-one days of the notification in the manner prescribed of such refusal; and (b) the appropriate authority if in his opinion any film, picture, or part thereof, or poster- approved by a censorship committee depicts any matter that is against public order and decency, or the exhibition of which for any other reason is in the opinion of the appropriate authority undesirable. (2) On any such appeal the board may give any such directions as it thinks proper and the order of the Board shall be final and conclusive. (3) No member of the censorship committee from whose decision an appeal is made shall be competent to sit or act as a member of the Board for the purpose of determining such appeal. (4) Subject to the provisions of subsection (3) the board may, in determining an appeal under this section, review the film the subject of the appeal by itself or by appointing members of the Board for that purpose, but so that the number of such appointed members exceeds by two the number of members of the committee from whose decision the appeal is made. The question of approval or not in such review shall be determined by a majority of the votes of the members of the Board or of the appointed members of the Board, as the case may be.

11. Offences. If - (a) the owner of a cinematograph or other similar apparatus uses or allows the same to be used; or (b) the occupier of any premises (which expression in this section includes the person managing or receiving the rent thereof) allows such premises to be used, in contravention of the provisions of this Law or of the terms, conditions or restrictions upon or subject to which any licence relating to the premises has been granted under this Law, he shall be guilty of an offence.

12. Power of entry. (1) Any police officer of or above the rank of an assistant superintendent of police, and any chairman of local government council, and any person authorised by either of such officers, may at any time enter any premises in which he has reason to believe that in exhibition is being or is about to be given, with a view to seeing whether the provisions of this Law of any regulations made hereunder or the terms, conditions or restriction upon or subject to which any licence relating to the premises has been granted under his Law, have been, complied with, and generally also for the purpose of inspection and control. (2) Any person who prevents or obstructs the entry of any police officer or chairman of local government or person authorised as aforesaid shall be liable^ to a fine of four thousand naira. The Cinematograph (Amendment) Decree, No. 24 of 1969, empowers the Federal Commissioner for internal Affairs to cancel approval of a film for exhibition if he is satisfied that it is in the public interest of Nigeria to do so.

13. Penalties. (1) Any person who - (a) contravenes any of the provisions of section 3; or (b) is guilty of an offence under section 11, shall on conviction be liable to a fine not exceeding forty thousand naira or to imprisonment for two years or to both such fine and imprisonment, and, in addition, where the offence is a continuing one, shall be liable to a fine of twenty-five thousand naira for each day during which the offence continues. (2) Any person who contravenes any of the provisions of section 8 shall be guilty of an offence and shall be liable to a fine often thousand naira.

14. Power to make regulations. The Executive Council may make regulations for all or any of the purposes following - (a) for the appointment of persons to be prescribed authorities for the purposes of this Law, and for defining the jurisdiction, powers and duties and for prescribing the remuneration (if any) of such prescribed authorities; (b) for prescribing the fees to be paid for any matter or thing to be done under this Law or under any regulations made hereunder, and for exempting any person or class of person from payment thereof; (c) for prescribing the forms to be used for any matter or thing to be done under this Law or under any regulations made hereunder; (d) for prescribing the procedure with respect to the application for, and to the grant of, licences under section 4 and the terms, conditions and restrictions thereof or relating thereto; (e) for controlling and regulating the production of films in order to prevent the performance during such production of undesirable or dangerous acts or acts against public order and decency; (f) for prescribing conditions to be observed with reference to the safety from fire or otherwise of any cinematograph theatre or the premises or vehicles or vessels on or in which exhibitions are given, and for the safety and control of persons attending the same; (g) for prescribing the penalties which may be imposed for the breach of any of the regulations made under this Law not exceeding a fine of forty thousand naira or imprisonment for two years or both such fine and imprisonment and, in addition, where the offence is a continuing one, a fine not exceeding one thousand naira for each day during which the offence continues; (h) for generally carrying into effect the purposes and provisions of this Law.