
As amended by

ARRANGEMENT OF SECTIONS

Section

PART I— SAFETY REGULATIONS

1. Exhibition of films.

2. Duty of occupier of premises in which it is proposed to give an exhibition.

3. Safety precautions.

4. Conditions of licence.

4A. No Child to be allowed on cinema premises.

PART II—CENSORSHIP OF FILMS

5. Board of Control.

6. Censorship of films.

7. Examination of films and posters.

8. Certification of films.

9. Educational film.

9A. Payment of fees for examination of films,etc.

PART III—MISCELLANEOUS

10. Obligation to show Ghana films.

11. Storage of film and materials.

12. Inflammable film.

13. Power of entry.

14. Penalties.

15. Revocation of licence.

16. Regulations.

17. Interpretation.

18. Repeals and saving.

 

THE SEVENTY-SIXTH



ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

CINEMATOGRAPH ACT, 1961

AN ACT to make provision for the regulation and control of cinematograph exhibitions and for purposes connected therewith.

DATE OF ASSENT: 17th August, 1961

BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows:—

PART I—SAFETY REGULATIONS

Section 1—Exhibition of Films.

(1) No person shall conduct, present or give, or allow to be conducted, presented or given, a film exhibition in any premises other than premises licensed under this Part by the Commissioner of Police.

(2) This Part does not apply to a private residence.

Section 2—Duty of Occupier of Premises in which it is Proposed to give an Exhibition.

(1) The occupier of any premises at which it is proposed to give an exhibition shall ascertain whether the premises have been licensed, and, if so, also the provisions contained in the licence.

(2) The occupier shall notify the Commissioner of Police if and so soon as he has reason to believe that there is an intention to proceed with the exhibition either without a licence, or with a licence, but without complying with any provision of the licence.

Section 3—Safety Precautions.

Regulations may prescribe the safety precautions to be observed in licensed premises.

Section 4—Conditions of Licence.

(1) The Commissioner of Police shall not grant a licence for the purposes of this Part, unless he is satisfied that the regulations, in respect of safety of premises in which film exhibitions are given, have been substantially complied with.

(2) Subject to subsection (1) the Commissioner of Police may grant licences for the use of premises for film exhibitions to such persons as he thinks fit and on such terms and conditions and subject to such restrictions as he may determine.

(3) A licence shall, unless revoked, be in force until the 31st day of December, in the year in which it is granted.

Section 4A—No Child to be Allowed on Cinema Premises.

No person exhibiting a film to the public shall allow any child below the apparent age of 18 years to enter or remain on the premises where the film is being exhibited unless the child is lawfully on the premises by virtue of subsection (1)(a) or (b) of section 7 of this Act. [As inserted by the Cinematography (Amendment) decree, 1975 (NRCD. 350) s. 1(a)].

PART II—CENSORSHIP OF FILMS

Section 5—Board of Control.Board of Control

The Minister may appoint a Board of Control for the purposes of this Part.

Section 6—Censorship of Films.

(1) No person shall exhibit or present an exhibition of, or allow to be presented or exhibited, any film unless the film has been passed for exhibition under section 7 of this Act.

(2) No person shall display or cause or allow to be displayed any poster intended to advertise the exhibition unless the poster has first been passed by the Board.

(3) This section does not apply to an exhibition given in private premises to which the public are not admitted on payment or otherwise.

Section 7—Examination to Films and Posters.

(1) Any person desiring to exhibit any film shall first submit it to the Board for examination and the Board may, having viewed and examined the film—

(a) pass and issue a "U" Certificate for a film which is suitable for showing to all audiences;

(b) pass and issue an "A" Certificate for a film which is suitable for showing but restricted to adults and children under the age of 18 years if accompanied by adults;

(c) pass and issue an "X" Certificate for a film which is suitable for showing to adults only;

(d) direct the applicant to carry out such excision or modifications in the film as it thinks necessary before passing the film as it thinks necessary before passing the film under any of the foregoing paragraphs;

(e) refuse to pass the film for exhibition. [As substituted by the Cinematography (Amendment) Decree, 1975 (NRCD 350) s. 1(b) ].

(2) Where the Board has refused to pass any film or part thereof, it may retain that film or excise and retain the part until its exportation or until it is otherwise disposed of in accordance with the direction of the Board.

(3) The Board may, as it thinks fit, approve or refuse to approve a poster intended to advertise a film exhibition or approve part of a poster while refusing to approve another part.

(4) The Board shall signify its decision in the prescribed form and shall also affix to the film itself an identification mark recording its decision.

(5) Where the Board has passed and issued a Certificate for a film the exhibitor shall show a film let depicting the certificate of the Board granted under this section before showing the main credit title of the film. [As inserted by the Cinematography (Amendment) Decree, 1975 (NRCD 350) s. 1 (c)].

Section 8—Certification of Films.

The Minister may make rules setting out the principles which shall guide the Board in the exercise of their functions.

Section 9—Educational Film.

The Board shall, on the written application of any person desiring to import any film which the applicant claims to be of an educational character or to export any film produced in Ghana which the applicant claims to be of an educational character, and on payment of the prescribed fee by the applicant, examine the film and, if satisfied that it is of an educational character, certify it as such.

Section 9A—Payment of Fees for Examination of Films, etc.

There shall be paid to the Board for the examination of films fees at the following rates:—

(a) one cedi for a reel of feature film;

(b) fifty pesewas for a filmlet or trailer. [As inserted by the Cinematography (Amendment) Decree, 1975 (NRCD 350) s. 1(d)].

PART III— MISCELLANEOUS

Section 10—Obligation to Show Ghana Films.

(1) A person who exhibits films to the public may be required by regulations to include in the exhibition, at such times and on such conditions as may be prescribed, films produced or sponsored by the Ghana Film Production Corporation.

(2) Regulations may require the exhibitor to include a notice of any such film in any newspaper advertisement or printed notice advertising an exhibition which is to include that film.

Section 11—Storage of Film and Materials.

Regulations may prescribe the conditions under which film and materials used in connection with film may be kept or stored and the obligations of persons to whom the regulations apply.

Section 12—Inflammable Film.

(1) No person shall use, or cause or allow to be used, any inflammable film for a film exhibition in any premises other than licensed premises in which the use of such film is authorised by the terms of the licence.

(2) Regulations may define "inflammable film" for the purpose of this section and, in the absence of such regulations, the question whether a film is inflammable is a question of fact for the court.

Section 13—Power of Entry.

(1) Any police officer or an authorised officer may at all reasonable times enter any premises, whether licensed or not, other than a private residence, in which he has reason to believe that an exhibition is being or is about to be given to ascertain whether the provisions of this Act or any regulations made under it, and the conditions of any licence or certificate granted under this Act, have been complied with.

(2) An authorised officer shall, if so required, produce to the occupier of the premises a certificate of his authorisation.

Section 14—Penalties.

Any person who contravenes any provision of this Act, or regulations made under it, or any condition of a licence or certificate under this Act shall be liable on conviction to a fine not exceeding five hundred pounds, and in the case of a continuing offence to a further penalty of one hundred pounds for each day during which the offence continues.

Section 15—Revocation of Licence.

Where three or more convictions in respect of offences under this Act are recorded, within a period of three years, in relation to any particular premises licensed under this Act, the court recording the third or any subsequent conviction, as the case may be, may order the revocation of the licence.

Section 16—Regulations.

The Minister may by legislative instrument make regulations for carrying into effect the provisions of this Act.

Section 17—Interpretation.

In this Act, unless the context otherwise requires—

"'adult' means a person of the age of 18 years or more. [As inserted by the Cinematography (Amendment) Decree, 1975 (NRCD 350) s. 1 (e)].

"authorised officer" means a person authorised by the Minister, or otherwise in accordance with regulations, to exercise functions under this Act;

"the Board" means the Board of Control appointed under section 5 of this Act;

"cinematograph" means the presentation of moving pictures, whether with or without any form of sound reproduction;

"exhibit", in relation to a film, does not include television broadcast of the film;

"film" means cinematograph film;

"film of an educational character" means a film which falls within one or more of the following categories—

(a) films intended for use in education of all grades;

(b) films intended for vocational training and guidance, including technical films relating to industry and films relating to scientific management;

(c) films dealing with scientific or technical research or designed to spread scientific knowledge;

(d) films dealing with health questions, physical training, social welfare or relief;

(e) films designed to promote and increase throughout the world knowledge and understanding of the several countries and peoples;

(f) films designed to supply information with regard to the work and aims of the United Nations and other international organisations which are recognised by the Government for facilitating the international circulation of films of an educational character;

"licensed" means licensed under Part I of this Act;

"Minister" means the Minister responsible for Information;

"occupier" includes the person managing or receiving rent from the premises concerned;

"prescribed" means prescribed by regulations made under section 16 of this Act;

"premises" includes buildings and lands.

Section 18—Repeals and Saving.

(1) The following enactments are repealed—

The Cinematograph Exhibitions Ordinance (Cap.47);

The Celluloid and Cinematograph Film Ordinance (Cap. 257);

The Cinematograph Exhibitions (Amendment) Ordinance (No. 45 of 1952);

The Cinematograph Exhibitions (Amendment) Ordinance, 1955 (No. 17).

(2) All regulations scheduled to, or made, and every licence and certificate granted, under an enactment repealed by this Act and in force immediately before the commencement of this Act shall continue in force as if made or granted under the corresponding provision of this Act.

 

 amended by

CINEMATOGRAPH (AMENDMENT) DECREE, 1975 (NRCD 350)1.