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REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 12]

Friday, March 27

[1998

The following Act was passed by Parliament on 27th February 1998 and assented to by the President on 12th March 1998:—

Films (Amendment) Act 1998

(No. 10 of 1998)

I assent.

ONG TENG CHEONG

President

12th March 1998.

Date of Commencement: 1st April 1998

An Act to amend the Films Act (Chapter 107 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Films (Amendment) Act 1998 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Films Act is amended —

(a)

by inserting, immediately after the definition of "Chairman", the following definition:

“ “child” means a person who is below the age of 14 years;”.

(b)

by inserting, immediately after the definition of "distribute", the following definitions:

“ “election” means an election under the Parliamentary Elections Act (Cap. 218) or the Presidential Elections Act (Cap. 240A);

“electronic transmission” includes facsimile transmission, electronic mail or other similar kinds of communication but excludes broadcasting;”.

(c)

by deleting the definition of "film" and substituting the following definition:

“ “film” means —

(a)	any cinematograph film;
(b)	any video recording, including a video recording that is designed for use wholly or principally as a game;
(c)	any other material record or thing on which is recorded or stored for immediate or future retrieval any information that, by the use of any computer or electronic device, is capable of being reproduced or displayed as wholly or partly visual moving pictures,

and includes any part of a film, and any copy or part of a copy of the whole or any part of a film;”.

(d)

by inserting, immediately after the definition of "Licensing Officer", the following definition:

“ “obscene”, in relation to a film, means a film the effect of which or (where the film comprises 2 or more distinct parts or items) the effect of any one of its parts or items is, if taken as a whole, such as to tend to deprave or corrupt persons who are likely, having regard to all relevant circumstances, to see or hear the film;”.

(e)

by inserting, immediately after the definition of "owner", the following definition:

“ “party political film” means a film —

(a)	which is an advertisement made by or on behalf of any political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body; or
(b)	which is made by any person and directed towards any political end in Singapore;”.

(f)

by deleting the full-stop at the end of the definition of "Secretary" and substituting a semi-colon, and by inserting immediately thereafter the following definitions:

“ “supply”, in relation to a film, includes —

(a)	supply not only in its physical form but also by means of the electronic transmission of the contents of the film;
(b)	supply by way of exchange or loan; or
(c)	in relation to a film comprising a material record or thing on which is recorded or stored any information for immediate or future retrieval by the use of any computer or other electronic device, transferring or reproducing or enabling another to transfer or reproduce by electronic transmission the whole or part of the contents of the film onto another such material record or thing for immediate or future retrieval by such similar means;

“video recording” means any disc, magnetic tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture;

“young person” means a person who is 14 years of age or above and below the age of 16 years.”.

(g)

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:

“(2) For the purposes of this Act, a film is directed towards a political end in Singapore if the film —

(a)

contains wholly or partly any matter which is intended or likely to affect voting in any election or national referendum in Singapore; or

(b)

contains wholly or partly either partisan or biased references to or comments on any political matter, including but not limited to any of the following:

(i)	an election or a national referendum in Singapore;
(ii)	a candidate or group of candidates in an election;
(iii)	an issue submitted or otherwise before electors in an election or a national referendum in Singapore;
(iv)	the Government or a previous Government or the opposition to the Government or previous Government;
(v)	a Member of Parliament;
(vi)	a current policy of the Government or an issue of public controversy in Singapore; or
(vii)	a political party in Singapore or any body whose objects relate wholly or mainly to politics in Singapore, or any branch of such party or body.

(3) For the avoidance of doubt, any film which is made solely for the purpose of —

(a)	reporting of current events; or
(b)	informing or educating persons on the procedures and polling times for any election or national referendum in Singapore,

is not a party political film.”.

Amendment of section 6

3. Section 6(2) of the Films Act is amended —

(a)	by deleting "$5,000" and "$20,000" and substituting "$10,000" and "$40,000", respectively; and
(b)	by deleting the words "6 months" and substituting the words "12 months".

Amendment of section 14

4. Section 14 of the Films Act is amended —

(a)	by deleting the words "any film (other than a videotape or video disc)" in the third and fourth lines of subsection (3) and substituting the words "any cinematograph film"; and
(b)	by deleting the word "film" in subsection (4) and substituting the words "cinematograph film".

Amendment of section 16

5. Section 16 of the Films Act is amended by inserting, immediately after subsection (2), the following subsections:

“(2A) The Board may require the owner of a film to deposit such security as may be prescribed for the due performance by the owner of all or any of the conditions imposed under subsection (2) in relation to the classification of the film.

(2B) Without prejudice to subsection (3), any security deposited under subsection (2A) may be forfeited in whole or in part at the discretion of the Board if any condition imposed under subsection (2) is contravened or not complied with.”.

Amendment of section 21

6. Section 21(1) of the Films Act is amended —

(a)

by deleting the word "or" at the end of paragraph (a);

(b)

by deleting the comma at the end of paragraph (b) and substituting the word "; or", and by inserting immediately thereafter the following paragraph:

“(c)	reproduces,”.

(c)

by deleting sub-paragraph (ii) and substituting the following sub-paragraph:

“(ii)

in respect of an offence under paragraph (b) or (c), to a fine of not less than $500 for each such film he had exhibited, distributed or reproduced, as the case may be (but not to exceed in the aggregate $40,000) or to imprisonment for a term not exceeding 6 months or to both.”.

Amendment of section 23

7. Section 23 of the Films Act is amended by inserting, immediately after the words "Assistant Commissioner of Police" in subsections (1) and (2), the words "or an Assistant Superintendent of Police".

Amendment of section 25

8. Section 25 of the Films Act is amended —

(a)	by deleting the words "9 members" in subsection (1) and substituting the words "15 members"; and
(b)	by deleting the words "one year" in subsection (2) and substituting the words "3 years".

Amendment of section 28

9. Section 28 of the Films Act is amended by deleting the words "two years" in the second line and in the seventh line and substituting in each case the words "6 months".

Repeal and re-enactment of section 29, and new sections 29A to 29E

10. Section 29 of the Films Act is repealed and the following sections substituted therefor:

“Offences involving dealings in obscene films

29.—(1) Any person who makes or reproduces any obscene film (whether or not for the purposes of exhibition or distribution to any other person), 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 of not less than $20,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)	in the case of a second or subsequent conviction, to a fine of not less than $40,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) Any person who imports any obscene film 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 of not less than $1,000 for each such film imported (but not to exceed in the aggregate $40,000) 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 of not less than $2,000 for each such film imported (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 2 years or to both.

(3) Any person who distributes, or has in his possession for the purposes of distributing, to any other person an obscene film 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 of not less than $2,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $80,000) or to imprisonment for a term not exceeding 2 years or to both; and
(b)	in the case of a second or subsequent conviction, to a fine of not less than $4,000 for each such film he had distributed or in his possession (but not to exceed in the aggregate $100,000) or to imprisonment for a term not exceeding 2 years or to both.

(4) Any person who exhibits or has in his possession for the purposes of exhibiting to any other person an obscene film 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 of not less than $10,000 but not more than $40,000 or to imprisonment for a term not exceeding 2 years; and
(b)	in the case of a second or subsequent conviction, to a fine of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

Possession of obscene films

29A.—(1) Any person who has in his possession any obscene film shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 for each such film he had in his possession (but not to exceed in the aggregate $20,000) or to imprisonment for a term not exceeding 6 months or to both.

(2) Any person who has in his possession any obscene film 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 of $1,000 for each such film in his possession (but not to exceed in the aggregate $40,000) 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 of not less than $2,000 for each such film in his possession (but not to exceed in the aggregate $80,000) or to imprisonment for a term not exceeding 2 years or to both.

Advertising obscene films

29B.—(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 of not less than $2,000 but not more than $5,000 or to imprisonment for a term not exceeding 6 months or to both.

(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 of not less than $10,000 but not more than $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 of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

(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, facsimile 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 printed 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.

(4) For the purposes of this section, an advertisement shall be 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).

Aggravated offences involving children and young persons

29C.—(1) Any person who causes or procures any child or young person or, having custody, charge or care of a child or young person, allows that child or young person to commit or abet in the commission of any offence mentioned in section 29, 29A or 29B shall be guilty of an offence and shall be liable on conviction —

(a)	to a fine of not less than $20,000 but not more than $80,000 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 of not less than $20,000 but not more than $100,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) If it is proved that a child or young person has committed or abetted in the commission of any offence mentioned in section 29A(1) or 29B(1), the person having the custody, charge or care of the child at the time the offence was committed shall be presumed, until the contrary is proved, to have allowed the child to commit or abet in the commission of the offence.

Making, distribution and exhibition of party political films

29D. Any person who —

(a)	imports any party political film;
(b)	makes or reproduces any party political film;
(c)	distributes, or has in his possession for the purposes of distributing, to any other person any party political film; or
(d)	exhibits, or has in his possession for the purposes of exhibiting, to any other person any party political film,

knowing or having reasonable cause to believe the film to be a party political film shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years.

Search and seizure of unlawful films

29E.—(1) Any Deputy or Assistant Commissioner of Police, Assistant Superintendent of Police or any Censor, Deputy or Assistant Censor or Inspector of Films, if satisfied upon written information and after such further inquiry as he thinks necessary that any person has in his possession any obscene film or party political 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 reason to believe the film is kept, seize the film and any equipment used in the exhibition, making or reproduction of the film and take into custody any person reasonably believed to be in possession thereof.

(2) Any film, and any equipment used in the exhibition, making or reproduction of the film, in respect of which any person has been convicted under section 29, 29A, 29B or 29D shall be forfeited and shall be destroyed or otherwise disposed of in such manner as the Minister may direct.”.

Amendment of section 35

11. Section 35(1) of the Films Act is amended by deleting the words "obscene or lewd" in the first line of paragraph (b) and substituting the words "an obscene film or a party political film".

Saving

12. Every person who, immediately before the commencement of this Act, is a member of the Committee of Appeal appointed under the principal Act shall continue to hold such appointment on the same terms and conditions and for a term expiring on the day on which his appointment under the principal Act would expire.