- ARRANGEMENT OF SECTIONS
- PART I. – PRELIMINARY
- PART II. – ADMINISTRATION
- Division 1
- Division 2
- Division 3
- PART III. – REGISTRATION OF PUBLICATION PREMISES
- 24. OTHER LAWS NOT AFFECTED
- 25. REGISTER OF PUBLICATION PREMISES
- 26. PRESCRIBED ACTIVITIES
- 27. PUBLICATION PREMISES TO BE REGISTERED
- 28. APPLICATION FOR REGISTRATION OF PREMISES
- 29. REGISTRATION OF PUBLICATION PREMISES
- 30. SUSPENSION OR REVOCATION OF REGISTRATION
- 31. CHANGE OF PUBLICATION PREMISES
- 32. INSPECTION OF PREMISES
- PART IV. – STANDARDS FOR PUBLISHING AND BROADCASTING
- PART V. – CLASSIFICATION OF PUBLICATIONS
- Division 1.
- Division 2
- Division 3
- 42. INTERPRETATION
- 43. FILMS ETC., PRODUCED IN PAPUA NEW GUINEA TO BE DEPOSITED
- 44. LIABILITY FOR DAMAGE TO DEPOSITED FILMS
- 45. APPLICATION FOR CLASSIFICATION OF A FILM
- 46. APPLICATIONS, ETC., FOR CLASSIFICATION OF ADVERTISING MATTER
- 47. SCREENING OF FILMS OR EXHIBITION OF ADVERTIZING MATTER
- 48. CLASSIFICATION OF FILMS OR ADVERTIZING MATTER
- 49. REFERENCE TO BOARD
- 50. GRANT OF LICENCE OR CERTIFICATE ON CLASSIFICATION
- 51. OTHER PROVISIONS RELATING TO A LICENCE
- 52. RELEASE OF FILMS, ADVERTIZING MATTER ETC., FROM THE CHIEF CENSOR AND CUSTOMS CONTROL
- 53. NOTIFICATION OF DECISION CONCERNING CLASSIFICATION
- 54. RETENTION OF PROHIBITED FILMS OR ADVERTIZING MATTER
- 55. RECONSTRUCTION OF FILMS
- 56. EXAMINATION BEFORE CLASSIFICATION
- 57. APPLICATION FOR REVIEW OF CLASSIFICATION
- 58. REVIEW OF CLASSIFICATION
- 59. REJECTED FILMS ETC
- 60. DUPLICATE FILMS
- 61. APPLICATION OF DIVISION
- Division 4.
- PART VI. – OFFENCES
- Division 1
- 68. INTERPRETATION
- 69. PUBLISHING OF UNCLASSIFIED PUBLICATION
- 70. PUBLISHING OF OBJECTIONABLE PUBLICATIONS
- 71. POSSESSION OF OBJECTIONABLE PUBLICATIONS
- 72. KEEPING OBJECTIONABLE PUBLICATIONS AT PREMISES
- 73. PUBLISHING OBJECTIONABLE PUBLICATIONS IN A PUBLIC PLACE
- 74. MAKING OBJECTIONABLE PUBLICATIONS
- 75. SUBSEQUENT CLASSIFICATION OF PUBLICATION
- Division 2
- Division 3
- PART VII. – MISCELLANEOUS
Classification of Publication (Censorship) Act 1989
No. 18 of 1989.
Classification of Publication (Censorship) Act 1989 .
Certified on: / /20 .
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 18 of 1989.
Classification of Publication (Censorship) Act 1989 .
ARRANGEMENT OF SECTIONS.
1. Compliance with constitutional requirements. 2. Interpretation. 3. Application. 4. The Censorship Board. 5. Chairman and Deputy Chairman of the Board. 6. Resignation of appointed members. 7. Leave of absence. 8. Vacation of office. 9. Disclosure of pecuniary interest. 10. Meetings of Board. 11. Functions of the Board. 12. Powers of the Board. 13. Office of Censorship. 14. Appointment of Chief Censor and other Censors. 15. Conditions of service of the Chief Censor and Deputy Chief Censor. 16. Conditions of service of other members of the office. 17. Functions of the Chief Censor. 18. Powers of the Chief Censor. 19. Delegation by Chief Censor. 20. Minister to issue directions. 21. Validity of exercise of powers. 22. Protection of members of the Board, Chief Censor, Deputy Chief Censor and Deputy Censors. 23. Annual Report. 24. Other laws not affected. 25. Register of publication premises. 26. Prescribed activities. 27. Publication premises to be registered. 28. Application for registration of premises. 29. Registration of publication premises. 30. Suspension or revocation of registration. 31. Change of publication premises. 32. Inspection of premises. 33. Standards. 34. Guidelines. 35. Importation of declared publications and films, etc., and removal of declared publications and films, etc., from customs control. 36. Interpretation. 37. Declaration of publications. 38. Consideration of declared publication for classification. 39. Classification of declared publication. 40. Application for review of decision. 41. Review of decision. 42. Interpretation. 43. Films etc., produced in Papua New Guinea to be deposited. 44. Liability for damage to deposited films. 45. Application for classification of a film. 46. Applications, etc., for classification of advertising matter. 47. Screening of films or exhibition of advertizing matter. 48. Classification of films or advertizing matter. 49. Reference to Board. 50. Grant of licence or certificate on classification. 51. Other provisions relating to a licence. 52. Release of films, advertizing matter etc., from the Chief Censor and customs control. 53. Notification of decision concerning classification. 54. Retention of prohibited films or advertizing matter. 55. Reconstruction of films. 56. Examination before classification. 57. Application for review of classification. 58. Review of classification. 59. Rejected films etc. 60. Duplicate films. 61. Application of Division. 62. Conditions applying to restricted publications. 63. Conditions applying to “R” films or advertizing matter. 64. Revocation of classifications. 65. Interdiction of classified films, etc. 66. Inspection of premises etc. 67. Liability for damage to deposited publications. 68. Interpretation. 69. Publishing of unclassified publication. 70. Publishing of objectionable publications. 71. Possession of objectionable publications. 72. Keeping objectionable publications at premises. 73. Publishing objectionable publications in a public place. 74. Making objectionable publications. 75. Subsequent classification of publication. 76. Publishing of classified publications. 77. Restricted publication area. 78. Officer includes Police etc. 79. Forfeiture and return of publications. 80. Exemptions. 81. Disposal of unclaimed publications. 82. Regulations.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Classification of Publication (Censorship) Act 1989 ,
Being an Act to provide for–
(a) the classification of publications; and (b) the prohibition of objectionable and unclassified publications; and (c) related purposes.
PART I. – PRELIMINARY.
1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.
(1) This Act regulates or restricts the exercise of–
(a) the freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and (b) the freedom from expression conferred by Section 46 of the Constitution; and (c) the right to privacy conferred by Section 49 of the Constitution; and (d) the right to freedom of information conferred by Section 51 of the Constitution,
and to the extent that the regulation or restriction is necessary, taking into account the National Goals and Directive Principles and the Basic Social Obligations, for the purposes of giving effect to the public interests in public order and welfare, is a law that is made for that purpose.
(2) For the purposes of Section 29 of the Organic Law on the Provincial Government, it is hereby declared that this law relates to a matter of national interest.
2. INTERPRETATION.
(1) In this Act, unless the contrary intention appears–
“adult” means a person of or above the age of 18 years; “advertizing matter” means any poster, picture, photograph, sketch, figure, handbill, slide, newspaper advertisement, programme and other matter intended for use in connection with the publishing of a publication; “Board” means the Censorship Board; “broadcasting” means the dissemination of any form of communication by the–
(a) wireless; or (b) electrical cable,
transmission of writing, signs, signals, pictures, images and sounds of all kinds by means of the Hertzian waves intended to be received by–
(c) in the case of wireless transmission–the general public; and (d) in the case of electrical cable transmission–subscribers, either directly or through the medium of relay stations;
“Censor” means the Chief Censor, the Deputy Chief Censor or a Deputy Censor or the Censorship Board; “Censorship Board” means the Censorship Board established under this Act; “Chairman” means the Chairman of the Censorship Board; “Chief Censor” means the Chief Censor appointed under this Act; “classified” means classified in accordance with this Act; “Court” means District Court; “declared publication” means a publication or class or category of publications declared under Section 37; “Deputy Censor” means a Deputy Censor appointed under this Act; “Deputy Chief Censor” means a Deputy Chief Censor appointed under this Act; “film” means a cinematograph film, slide, video tape or video disc, television programme or any other form of recording from which a visual image can be produced; “licence” means a licence under this Act; “member” means a member of the Censorship Board; “minor” means a person under the age of 18 years; “objectionable publication” means a publication that–
(a) describes, depicts, expresses or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty, blasphemy, immorality, violence or revolting or abhorrent phenomena in a manner that is likely to be offensive to a reasonable adult person and is undesirable in the interest of the public; or (b) depicts a child (whether engaged in sexual activity or otherwise) who is, or who is apparently, under the age of 18 years, in a manner that is likely to cause offence to a reasonable adult person and is undesirable in the interest of the public; or (c) promotes, incites or encourages terrorism;
“prescribed activity” means an activity referred to in Section 26; “publication premises” means premises in or on which a prescribed activity is to be established or is being operated; “public place” means any premises, street, road, footpath, public park, village, community, reserve or other place which the public are entitled to use; “publication” means any book, paper, magazine, audio cassette, film or other written or sound or pictorial matter and advertising matter relating to such goods; “publish” includes sell, offer for sale, let on hire, exhibit, screen, display, distribute or advertise; “publisher” means a person who publishes a publication; “restricted publication” means a publication that is classified as a restricted publication in accordance with this Act; “restricted publication area” means an area in publication premises in which a restricted publication may be published; “terrorism” has the same meaning as in the National Intelligence Organization Act 1984; “this Act” includes the Regulations.
(2) A publication shall be deemed to be under customs control when it is deposited or held in a customs warehouse or licensed warehouse, or in a post office, vessel, vehicle, conveyance, aircraft or place from which it may not be removed except with the permission of a proper officer of customs in accordance with the Customs Act 1951.
3. APPLICATION.
The Act does not apply to a publication–
(a) that is sponsored by the National Government or a Provincial Government; or (b) that is being transhipped within Papua New Guinea for delivery at a place outside Papua New Guinea.
PART II. – ADMINISTRATION.
Division 1.
The Censorship Board.
4. THE CENSORSHIP BOARD.
(1) There is established a Board called the Censorship Board.
(2) The Board shall consist of:–
(a) the Chief Censor or his delegate; and (b) a member of the Police Force nominated by the Commissioner for Police; and (c) an officer nominated by the Departmental Head of the Department responsible for education matters; and (d) a member representing and nominated by the National Council of Women; and (e) a member representing and nominated by the Melanesian Council of Churches; and (f) a lawyer nominated by the Departmental Head of the Department responsible for justice matters; and (g) a member representing the mass media industry; and (h) a member representing and nominated by the National Cultural Commission; and (i) a member representing and nominated by the National Youth Commission; and (j) a psychologist nominated by the Departmental Head of the Department responsible for health matters; and (k) two female members.
(3) The members of the Board referred to in Subsection (2)(b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) shall–
(a) be citizens; and (b) [1] be appointed in accordance with the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004; and (c) be appointed for a term of three years and be eligible for re-appointment.
(4) The members of the Board (other than members who are officers of the National Public Service or any other State Service) shall be paid fees and allowances in accordance with the Boards (Fees and Allowances) Act 1955.
5. CHAIRMAN AND DEPUTY CHAIRMAN OF THE BOARD.
(1) The Minister may appoint one of the members of the Board to be Chairman of the Board and another member to be Deputy Chairman of the Board.
(2) The Chief Censor is not eligible to be appointed as Chairman or Deputy Chairman of the Board.
6. RESIGNATION OF APPOINTED MEMBERS.
A member of the Board appointed under Section 4(2)(b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) may resign his office by writing signed by him and delivered to the Minister.
7. LEAVE OF ABSENCE.
The Minister may grant leave of absence to a member of the Board on such terms and conditions as the Minister determines.
8. VACATION OF OFFICE.
(1) If a member of the Board–
(a) is absent, except on leave of absence granted under Section 7, from three consecutive meetings of the Board; or (b) becomes permanently incapable of performing his duties; or (c) resigns his office in accordance with Section 6; or (d) fails to comply with the obligations under Section 9,
the Minister may terminate his appointment.
(2) Where the Minister believes that a member of the Board is guilty of misbehaviour or misconduct which has, or is likely to affect the performance of his functions and duties under this Act, the Minister shall give written notice to the member advising him of his intention to terminate the member’s appointment, and shall in the notice specify the reasons for his decision.
(3) Within 14 days of the receipt of a notice under Subsection (2), the member may reply in writing to the Minister who shall consider the reply and as soon as is practicable deliver written notice of his decision to the member.
(4) Where the member referred to in Subsection (2) does not, within 14 days of the receipt of a notice under that subsection, reply to the Minister, his appointment is terminated.
9. DISCLOSURE OF PECUNIARY INTEREST.
(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, otherwise than as a member and in common with other members of an incorporated company consisting of not less than 25 persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at the meeting of the Board.
(2) A disclosure under Subsection (1), shall be recorded in the minutes of the meeting of the Board and the member shall not–
(a) be present during any deliberations of the Board with respect to that matter; or (b) take part in any decision of the Board with respect to that matter.
(3) Where a member fails, without reasonable excuse, to comply with the requirements of this section, the Minister shall terminate the appointment of the member.
10. MEETINGS OF BOARD.
(1) The Board shall hold at least four meetings each year, at such times and places as the Chairman shall appoint.
(2) The Chairman of the Board or, in his absence, the Deputy Chairman, shall preside at all meetings of the Board.
(3) At a meeting of the Board, a quorum is constituted by the Chairman or the Deputy Chairman and three members.
(4) A question arising at a meeting shall be determined by a majority of votes of the members present and voting.
(5) The person presiding at a meeting of the Board has a deliberative vote, and in the event of an equality of votes, also has a casting vote.
(6) The Board shall cause full minutes of its proceedings to be kept in such manner as the Minister directs.
(7) Subject to this Act, the Board may regulate its own proceedings.
11. FUNCTIONS OF THE BOARD.
The Board shall–
(a) formulate policies on censorship; and (b) decide on matters or goods including publications either on its own motion or as referred to it by the Chief Censor, whether or not the matters or goods are matters or goods to which this Act applies; and (c) perform any function as may be required under this Act or any other law.
12. POWERS OF THE BOARD.
The Board has and may exercise such powers as are conferred by this Act and such other powers as are necessary or convenient to enable the Board to carry out its functions.
Division 2.
Office of Censorship.
13. OFFICE OF CENSORSHIP.
(1) An Office of Censorship is hereby established.
(2) The Office of Censorship shall consist of a Chief Censor, a Deputy Chief Censor and such number of Deputy Censors and staff referred to in Section 14(3).
(3) The Chief Censor is the head of the Office of Censorship.
14. APPOINTMENT OF CHIEF CENSOR AND OTHER CENSORS.
(1) [2] [3] There shall be a Chief Censor whose manner of appointment, suspension and dismissal is as specified in the Regulatory Statutory Authorities (Appointment to Certain Offices) Act 2004.
(1A) [4] [5] The Head of State acting with, and in accordance with the advice of the Minister shall appoint a person to be the Deputy Chief Censor.
(2) The Minister may, by notice in the National Gazette appoint persons (including officers) to be Deputy Censors.
(3) Any other staff required for the purpose of this Act shall be officers or employees of the Public Service.
15. CONDITIONS OF SERVICE OF THE CHIEF CENSOR AND DEPUTY CHIEF CENSOR.
(1) Subject to the Salaries and Conditions Monitoring Committee Act 1988 , the terms and conditions of service (including the tenure of office) of the Chief Censor and the Deputy Chief Censor are as determined by the Minister.
(2) Where–
(a) the Chief Censor; or (b) the Deputy Chief Censor,
was, immediately before the date of his appointment under this Act, an officer of the Public Service, his service as the Chief Censor or the Deputy Chief Censor, as the case may be, shall, for the purpose of determining his existing and accruing rights, be counted as service in the Public Service.
(3) In Subsection (2), “existing and accruing rights” means rights in respect of–
(a) leave of absence on the ground of illness; and. (b) furlough or pay in lieu of furlough (including pay to dependants or personal representatives on the death of the officer).
16. CONDITIONS OF SERVICE OF OTHER MEMBERS OF THE OFFICE.
Subject to the Salaries and Conditions Monitoring Committee Act 1988 , the terms and conditions of service (including the tenure of office) of Deputy Censors who are not officers of the Public Service are as determined by the Minister.
17. FUNCTIONS OF THE CHIEF CENSOR.
(1) The functions of the Chief Censor are–