CINEMATOGRAPH LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

CINEMATOGRAPH LAW

ARRANGEMENT OF SECTIONS

1.       Establishment of Film and Video Censors’ Board

2.       Composition of the Board

3.       Functions of the Board

4.       Appointment of members of the Board

5.       Tenure of office

6.       Removal from office

7.       Remuneration of members

8.       Appointment and duties of Executive Secretary

9.       Meetings

10.     Proceedings

11.     Power to co-opt

12.     Quorum and voting

13.     Standing Committees

14.     Registration Committee

15.     Sponsorship Committee

16.     Monitoring and Enforcement Committee

17.     Appeal Committee

18.     Appointment of employees

19.     Right of employees

20.     Finance

21.     Annual estimates

22.     Audit of account

23.     Grant of licence

24.     Licence fees

25.     Supervision of exhibitions to ensure safety from fire

26.     Films and posters not to be exhibited unless approved

27.     Right of appeal

28.     Power of the Commissioner in respect of approval by the Appeal Committee

:29.   Power of Commissioner to make regulations

30.     Prohibition of exhibition of inflammable material

31.     Admission of certain to certain films

32.     Exhibition of censorship certificates

33.     Power of entry

34.     Illegal use of Premises

35.     Repeal of LLSC 12 2003

36.     Interpretation

37.     Citation and commencement

SCHEDULES

CINEMATOGRAPH LAW

A LAW TO PROYIDE FOR TIIE ESTABLISHMENT OF LAGOS STATE FILM AND VIDEO CENSORS BOARD, TO REGULATE AND CONTROL CINEMATOGRAPTH AND SIMILAR EXHIBITIONS AND FOR CONNECTED PURPOSES

[Commencement]                                                                     [ 18th August 2004]

THE LAGOS STATE IIOUSE OF ASSEMBLY enacts as follows:

1.      Establishment of Film and Video Censors’ Board

(1)     There is established the Lagos State Film and Video Censors’ Board (referred to in this Law as “The Board”).

(2)     The Board shall be a body corporate with perpetual succession and a common seal.

(3)     The Board may sue or be sued in its corporate name and may purchase, acquire, hold, dispose of any movable or immovable property.

2.      Composition of the Board

The Board shall be composed of-

          (a)     A Chairman, who shall be a Nigerian with requisite knowledge of arts and culture and a cognate experience in film related industry, discipline or media.

(b)     A representative each from the following establishments-

(ii)     Ministry of Information and Strategy;

(ii)     Ministry of Youth, Sports and Social Development;

(iii)    Ministry of Justice;

(iv)    Ministry of Education;

(v)     Ministry of Home Affairs and Culture;

(vi)    Ministry of Local Government and Chieftaincy Affairs;

(vii)   Lagos State Fire and Safety Services;

(viii)   Lagos State Broadcasting Corporation;

(ix)    Lagos State Council for Arts and Culture;

(x)     Lagos State Waterfront and Tourism Development Corporation;

(xi)    Lagos State Anti-piracy Committee;

(xii)   Lagos State Police Command (not lower than the rank of ASP);

(xiii)   Nigerian Customs Service;

(xiv) Four persons representing professionals in film related industry, discipline or media;

(xv)   Two persons to be appointed by the Governor.

3.      Functions of the Board

Subject to the provisions of this Law, the Board shall have power to-

(i)      regulate and control cinematograph works and exhibitions;

(ii)     censor and categorise cinematograph works including posters;

(iii)    hear and determine appeals including power to revoke, alter and vary earlier decisions arising from activities of the censorship committee or such other committees or persons empowered by the Board to carry out activities on its behalf;

(iv)    register, license and classify cinematograph works, premises, producers and bodies involved in the production, distribution, marketing and exhibition of films and videos, etc.

(v)     prescribe safety regulations on premises or such exhibition or public centres where performance are viewed;

(vi)    enter, search, monitor, enforce regulations, control or seize cinematograph materials on any premises reasonably suspected of breaching any activities for which the Board has responsibilities;

          (vii)   levy charges, rates, fees, etc. for the performance of its functions under this Law;

(viii)   impose penalties on violators of the Law for breach of its regulations;

(ix)    prescribe fees to be paid for any other matter or thing to be done under this Law or under any regulations made hereunder and to exempt any person or class of persons from payment.

(x)     prescribe the forms to be used for any matter or thing to be done under this Law or under any regulations made;

(xi)    prescribe the procedure for application and grant of licence under section 23 of this Law and the terms, conditions and restrictions relating to same;

(xii)   control and regulate the production of films in order to prevent the production of undesirable or dangerous act(s) against public order and decency; and

(xiii)   prescribe conditions to be observed with reference to the safety from fire or otherwise of any cinematograph  theatre, other premises, vehicles or vessels in which exhibitions are given and for the safety and control of persons attending the same.

4.      Appointment of Members of the Board

The chairman and members of the Board who are not public officers shall be appointed by the Governor on the advice of the Commissioner.

5.      Tenure of Office

The Chairman and members of the Board other than ex-officio members shall hold office for a period of three (3) years from the date of the appointment, and for a further period of three (3) years only.

6.      Removal from Office

A member of the Board may be removed from office by the Governor, if–

(a)     he is satisfied that it is not in the interest of the Board or public that the member should continue in office;

(b)     he ceases to hold the office ex-officio or ceases to represent the interest of a group.

7.      Remuneration of Members

Members of the Board shall be entitled to remuneration which shall be paid from the Board’s account as the Governor may determine from time to time.

8.      Appointment and Duties of Executive Secretary

(1)     There shall be appointed for the Board an Executive Secretary who shall be appointed by the Governor, on the       recommendation of the Commissioner.

(2)     The Secretary shall be from the State Civil Service and not below Grade Level 13 with proven professional knowledge and wide experience in the Arts, Information Management, Mass Communication or Theatre Arts.

(3)     The Secretary shall be the administrative head of the Board responsible for the day-to-day administration of the Board and shall be subject to the general control of the Board.

(4)     The Secretary shall be the prescribed authority for signing of all documents, licences, and for affixing the seal of the Board.

9.      Meetings

(1)     The Board shall meet once in every quarter of the year and at any other time deemed necessary by it.

(2)     Any of the committees created in line with the provisions of this Law may hold special sessions or meetings pursuant to their functions under this Law.

10.    Proceedings

The Board shall have power to regulate its own proceedings.

11.    Power to co-opt

Where the Board desires to obtain the advice of any person on any matter, the Board may co-opt such person to attend any of its meetings for that purpose and the co-opted person shall not be entitled to vote and shall not be counted towards a quorum.

12.    Quorum and Voting

(1)     The quorum of the Board shall be one-third of its members including the Chairman.

(2)     A Member of the Board shall be entitled to one vote and a decision of the Board shall be by majority votes of members        present at the meeting.

(3)     When there is equality of votes at a meeting, the Chairman or any Member presiding at such meeting shall have a        casting vote.

13.    Standing Committees

(1)     For the purpose of this Law, there shall be established four Standing Committees and any other ad-hoc committee that    might be necessary to achieve the purposes of this Law.

(2)     The Standing Committees shall be –

          (a)     Registration Committee;

          (b)     Censorship Committee;

          (c)     Monitoring and Enforcement committee; and

          (d)     Appeal Committee.

(3)     Each of the above committees shall consist of not less than five (5) Members and not more than seven (7) Members.

(4)     No Member of the Censorship Committee shall also be a Member of the Appeal Committee.

14.    Registration Committee

The Registration Committee shall in accordance with the provisions of this Law register, license and maintain a record of –

(a)     Films, videos, laser discs, etc.

(b)     Public premises (theatre/hall, auditoria, clubs, stalls, shops, etc.)

(c)     Producers and bodies engaged in the act of film, video and laser disc production, distribution, marketing and                          exhibition.

15.    Censorship Committee

(1)     The censorship committee shall in accordance with the provisions of this Law view, examine, censor, and classify   every –

          (a)     Film;

          (b)     Video;

          (c)     Laser disc; and

          (d)     Advertisement materials intended for use in connection with an exhibition submitted to it for approval in                             accordance with regulations made under this Law.

(2)     It shall be the duty of the Censorship Committee to view, examine and censor every film, video and poster intended        for use in connection with an exhibition submitted to it for approval in accordance with regulations made under this          Law.

(3)     (a)     Whenever the Censorship Committee shall approve any film, video or poster, it shall signify its decision in the                    prescribed form, and shall also affix an identification mark recording its decision.

          (b)     Provided the Censorship Committee may approve part of film or video whilst disapproving other parts, and may               give direction for the purpose of giving effect to its decisions under the provisions of this Law.

(4)     A film, video or laser disc to which any part has been disapproved shall be submitted for approval, and until it           has been totally approved shall be deemed not to have been approved.

(5)     Any approval given under the provisions of subsection (3) or subsection (4) of this Section may be general, or specific       in which case it shall apply to the whole of Lagos State, or may specify, the area or place in which such film or part         thereof or such poster may or may not be displayed or exhibited, as the case may be.

(6)     When the Censorship Committee has refused to approve any film, video or part of same, and an appeal against such      refusal has not been instituted under section 27, the Committee may retain such film, or video 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.

16.    Monitoring and Enforcement Committee

The Monitoring and Enforcement Committee shall monitor-

(a)     exhibitions;

(b)     premises;

(c)     cinematograph works;

(d)     generally ensure the enforcement of the regulation and control of cinematograph exhibitions; and

(e)     perform such other functions as are considered necessary for compliance with the provisions of this Law.

17.    Appeal Committee

(1)     The Appeal committee shall in accordance with the provisions of this Law have power  to hear and determine appeals      from persons or bodies over the activities or decisions of the censorship committee or such other persons empowered           by the Board to carry out activities on its behalf.

(2)     Appeal against the decisions of any of the committees established under this – ‘ ‘ be made to the Appeal Committee in       accordance with section 27 of this Law.

18.    Appointment of Employees

The Board may appoint such other person(s) as employees of the Board as it deems necessary subject to Civil Service Regulations.

19.    Right of Employees

Employees of the Board shall be regarded as staff of the State Civil Service and shall enjoy such rights and privileges as are applicable to similar officers in the civil Service of the State.

20.    Finance

(1)     The Board shall establish and maintain a fund, which shall consist of-

(a)     Grants and Subventions from the Federal, state or Local Government.

(b)     Fees and charges for services rendered by the Board or publication made by the Board.

(c)     Fines and penalties paid by any person, body or organisation.

(d)     All other assets that may accrue to the Board.

(2)     The Board shall apply to proceed of its fund to-

(a)     the cost of administration of the Board;

(b)     reimbursing members of the Board or any committee of the Board for such expenses as may be expressly authorised by the Board in accordance with the rates approved by the Commissioner;

(c)     the payment of salaries, fees or other remuneration, allowances, pensions, and gratuities of employees of the Board.

(3)     The fund shall be managed in accordance with the Civil Service Financial Regulations, although this shall not preclude         the Board from making rules under this sub-section, and the rules shall in particular contain provisions-

(a)     specifying the manner in which the assets or funds of the Board are to be held and generally regulating the management of the fund, and

(b)     requiring the keeping of proper accounts and records for the purposes of the funds in such form as may be specified in the rules.

21.    Annual Estimates

The Board shall not later than the 1st day of September each year submit to the Commissioner an estimate of its income and expenditure during the next succeeding year.

22. Audit of Account

The Board shall keep proper accounts in respect of each year and proper records in relation to those accounts andshallcause its accounts to be audited within six months after the end of each year by Auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the State.

23.    Grant of Licence

(1)     No licence shall be granted in respect of any premises, vehicle or vessel unless the prescribed Authority is satisfied          that such premises, vehicle or vessel is safe and otherwise suitable for the proposed exhibition.

(2)     Authorised officers shall undertake professional certification of any building to be registered and licensed under this   Law’

[SCHEDULE 3]

(3)     The prescribed Authority may grant licences for use of premises, vehicles or vessels specified in the licence so granted      in accordance with the provisions of this Law.

(4)     The prescribed Authority may-

          (a)     refuse the grant of a licence; or

          (b)     at any time modify or vary the terms, conditions and restrictions of revoke any such licences.

(5)     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.

24.    Licence Fees

The licence fees payable shall be as specified in the Second Schedule of this Law or as may be periodically reviewed by the Commissioner.

[SCHEDULE 2]

25.    Supervision of 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 an officer of the Board, the officer may at any time 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.

[L.L.S.F. 3 2003]

(2)     Any person who in any way obstructs an officer of the Board in the lawful course of duties, commits an offence and is        liable on conviction to a fine of One Hundred Thousand Naira (N 100,000.00) or one (1) year imprisonment or both.

26.    Films and Posters not to be exhibited unless approved

(1)     A person shall not-

(a)     exhibit, cause or allow to be exhibited, any film or video works;

(b)     exhibit, cause or allow to be exhibited or displayed, any poster unless same has been approved and such exhibition or display is in an area or place specified by the Censorship Committee:

Provided that the Censorship Committee may, in its entire discretion, exempt from the provisions of this section any    film, video or poster or class of films, videos or posters produced or issued by or under the direction of the     Governments in the Federal Republic of Nigeria or of any Department of such Governments.

(2)     The provisions of this section shall not apply to any exhibition given in private premises to which the public are        admitted (but not being a paying public).

27.    Right of Appeal

(1)     There shall be a right of appeal in the manner prescribed by Regulations madeunder this law to the Board by –

(a)     any person aggrieved by the refusal of Censorship Committee to approve any film, video or part thereof or poster, provided such appeal is instituted within twenty-one (21) days of the notification in the manner prescribed of such refusal; and

 (b)    the Commissioner, if in his opinion any film, video, picture or part thereof, or poster approved by the Censorship Committee depicts any matter that is against public order and decency, or if the exhibition for any other reason is in the opinion of the Commissioner undesirable.

(2)     On such appeal, the Board may give such directives to confirm or vary the decision of the Censorship Committee as it deems fit.

(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.

28.    Power of the Commissioner in respect of approval by the Appeal Committee

A further appeal shall lie to the Commissioner who may direct the Board to review an approval or disapproval of a film or video by the Appeal Committee and may give general directives to the Board which shall be complied with.

29. Power of Commissioner to make Regulations

The Commissioner may make Regulations in accordance with the Regulations Approval Law to secure the due performance of any duty imposed and the effective exercise of any power conferred upon the Board under the provisions of this Law.

30.    Prohibition of exhibition of inflammable material

(1)     From the commencement of this Law no exhibition for the purpose of which inflammable film is used shall be given         other form of technology in the industry and except in premises, vehicles or vessels licensed in accordance with the         provision of this Law.

(2)     Any person who contravenes the provisions of subsection (1) commits an offence and on conviction is liable to a fine       of Fifty Thousand Naira (N50,000.00). Wherever the offence is a continuing one, shall be liable to a fine of One       Thousand Naira (N1,000.00) for each day of default.

31.    Admission of children to certain films

(1)     A person exhibiting a film, or video work or laser disc which has been approved as being more suitable for adult    audiences shall not admit any child who is under the age of eighteen (18) years unless he is accompanied by or in         charge of some other person who is of the age of eighteen (18) years or over.

(2)     A person exhibiting a film, video or laser disc which has been approved as being suitable for adult audiences only shall        not admit any child under the age of eighteen (18) years whether or not he is accompanied by or is in charge of an   adult.

(3)     Any person who contravenes the provisions of subsections (1) and/or (2) above commits an offence and on conviction         shall be liable to a fine of Twenty-five Thousand Naira (N25,000.00) per child.

32.    Exhibition of Censorship Certificates

A reproduction of or a written statement on the terms of any certificate given by the Board shall be shown on the screen immediately before the exhibition of the film to which it relates in such form to make it readable by every person present at the exhibition.

33. Power of Entry

(1)     Any Police Officer or any person authorised by the Board may at any time enter any premises in which he has reason        to believe that an exhibition is being or is about to be given, with a view to seeing whether the provisions of this Law or any regulations made hereunder of the terms, conditions or restrictions upon or subject to which any licence     relating to the premises granted under this Law, has been complied with, and generally also for the purpose of           inspection and control.

(2)     A person who obstructs the entry of any Police Officer or person authorised in the course of lawful duties commits an          offence and is liable on conviction to a fine of Ten Thousand Naira (N10,000.00) or six (6) months imprisonment or   both.

34.    Illegal use of premises

(1)     Any person who allows a cinematograph or other similar apparatus to be used without the necessary approval; or

(2)     Allows the use of his premises in contravention of the provisions of this Law or of the terms or conditions to which a licence relating to the premises has been granted commits an offence and on conviction is liable to a fine of Fifty   Thousand Naira (N50,000.00).

35.    Repeal of LLSC 12 2003

The Cinematograph Law Cap. C 12 Laws of Lagos State 2003 is repealed.

36.    Interpretation

In this Law, unless the context otherwise requires-

“Board” means the Lagos State Film and Video Censors’ Board established by section 1 of this Law;

“Celluloid” means substances containing nitrated cellulose or other nitrated products;

“Chairman” means the Chairman of the Board;

“Commissioner” means the Commissioner charged with the responsibility of Home Affairs and Culture;

“Distributor” means a person for the time being engaged in the business of leasing, hiring or selling films or video works;

“Exhibition” means any exhibition of pictures or other optical effects produced by means of a cinematograph or other similar apparatus;

“Film” means a film designed for use with a cinematograph or other apparatus;

“Film Marketer” means a person who exposes, for exhibition, for sale promotion of any form of celluloid, magnetic tape or record of a sequence of visual images;

“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;

“Laser” means a device that utilises the natural oscillators of molecules between energy to generate coherent cinematograph and pornographic reproduction.

“Member” means a member of the Board and includes the Chairman;

“Picture” means a picture or other visual image exhibited or capable of being exhibited from a film or video work;

“Premises” means any house, room, building, land, shop, stall, vehicle, vessel or place where any film or video work is exhibited, leased, hired to which admission is or may be procured by payment of money or by ticket or by other means of consideration;

“Prescribed Authority” means the person or persons appointed as such by the Governor either by regulations made under this Law or by notice in the State Gazette;

“Prescribed Fees” means fees prescribed in this Law or by regulations made pursuant to this Law.

“Producer” in relation to a film or video means the person making the arrangements necessary for the production of a film or video work and for the organisation and direction of the scenes to be depicted in the film or video work;

“Registered Film and video work” means any film or video work approved for registration pursuant to this Law;

“Registered Premises” means any premises approved for registration pursuant to this Law;

“Supply” means supply in any, whether or not for reward, and includes supply by way of sale, letting or hire, exchange or loans and references to a supply shall be construed accordingly;

“video” means any recording of visual images and sound on a magnetic tape or a disc and capable of similar appearances or reproduction (playback) on any screen or electronic device;

“Video Recording” means any disc or magnetic tape containing information by the use of which the whole or a part of a video work may be produced; and

“Video Work” means any series or serial of visual image with or without sound-

(a)     produced electronically by the use of information contained on any disc or magnetic tape; and

(b)     shown as a moving picture.

37.    Citation and commencement

This Law may be cited as the Cinematograph Law 2004 and, shall take effect from the 18th day of August 2004.

SCHEDULES

SCHEDULE 1

FEES / PENALTIES

1.       A fine of Ten Thousand Naira (N10,000) for obstructing the entry of Police Officers or Board members.

2.       A fine of Ten Thousand Naira (N10,000) for obstructing supervision at exhibitions to ensure safety from fire.

3.       Penalty for contravention against exhibition of uncensored film is Fifty Thousand Naira (N50,000.00).

4.       The scale of fees to be paid by prospective exhibitor for expert services relating to fire safety and electrical                           inspection shall be determined by their respective agencies and adopted into the cinematograph regulations.

5.       Film poster to be separately censored and a fee of Five Hundred Naira (N500) charged for each poster                               submitted.

6.       Censorship fee for film/video is Ten Thousand Naira (N 10,000).

The penalties and liability of corporate bodies is Five Thousand Naira (N5,000.00) and One Thousand Naira (N                    1,000.00) respectively.

SCHEDULE 2 SECTION 24

LICENCE FEES

SCHEDULE 3 SECTION 23(2)

REGISTRATION

For the purpose of the issuance of licences and for other matters necessary for compliance with safety regulations, the following public officers shall undertake professional certification of any of the building to be registered as cinematograph premises.

1.       Public Works Engineer.

2.       Electrical Engineer of the rank of Assistant Chief and above.

3.       Fire Officer.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA