31.—(1) Any person who, for the purposes of distributing or exhibiting any obscene film to any other person, advertises the film by any means shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[25/2018]
(2) Any person who, for the purposes of distributing or exhibiting any obscene film to any other person, advertises the film by any means knowing or having reasonable cause to believe the film to be obscene shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b)
in the case of a second or subsequent conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.
[25/2018]
(3) In this section —
“advertise”, in relation to a film, includes —
(a)
publicly exhibiting, displaying or supplying any advertising poster relating to the film;
(b)
announcing orally or by any means (including electronic transmission, fax transmission, electronic mail or other similar means of communication) other than by broadcasting any offer to sell or supply the film; or
(c)
distributing or circulating any advertisement relating to the film;
“advertisement” includes any advertising poster, circular, catalogue or price list;
“advertising poster” means any poster, placard, video slick, photograph or other pictorial matter that is intended for use in the advertising or exhibition of a film to the public and includes a miniature representation or enlarged representation of the whole or part of any such poster.
[25/2018]
(4) For the purposes of this section, an advertisement is deemed to be an advertisement publicly displayed if it is displayed in or so as to be visible from —
(a)
any public road; or
(b)
any place to which the public have or are permitted to have access (whether on payment or otherwise).
