THE CENSORSHIP OF FILMS ACT, 1963.

Act No. XVIII of 1963

(As amended by President's Order No. 41 of 1972, Ordinance No. LV111 of 1982 and Act No. 1 of 2006)

AN ACT

To provide for the censorship of cinematograph films and for the decertification of certified films on certain grounds.

WHEREAS it is expedient to provide for the censorship of cinematograph films and for the decertification of certified films in the interest of law and order, or in the interest of local film industry, or in any other national interest and matters incidental thereto or connected therewith;

AND WHEREAS the national interest of in relation to planning and co-ordination and the achievement of uniformity as are referred to in paragraph (5) and (c) of clause (2) of Article 131 of the constitution requires Central legislation in the matter.

It is hereby enacted as follows:

1. Short title, extent and commencement.- (1) This Act may be called the Censorship of Films Act 1963[The Censorship of Films (Amendment) Act, 2006]

2. It extends to the whole of Bangladesh.

3. It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(a) "Board" means the Board constituted under section 3;

(b) "certificate" means a certificate granted under sub-section (2) of section 4;

(c) "certified film" means a film in respect of which a certificate is granted under

sub-section (2) of section 4, or has, at anytime before the commencement of this

Act, been granted under sub-section (2) of section 7 of the Cinematograph Act,

1918 (II of 1918);

(cc) "Chairman" means Chairman of the Board;

(ccc) "Cinematograph" has the same meaning as assigned to it under section 2 of the

Cinematograph Act, 1918 (II of 1918);

(cccc) "Deputy Commissioner" includes any other officer of the district authorized by

the Deputy Commissioner to exercise any power conferred, or to perform any

duty imposed, on the Deputy Commissioner by or under this Act;",

(d) "film" means a cinematograph film;

(e) "Government" means Government of the People's Republic of Bangladesh.

(ee) "member" means member of the Board;;

(f) "prescribed" means prescribed by rules made under section 10; and

(ff) "publicity materials" means publicity materials of a film as specified in sub-

section(1) of section 6A.;

(g) "uncertified film" means a film in respect of which no certificate has been

granted, and includes a film which is deemed to be uncertified film under any

provision of this Act and rules made thereunder.

3. Constitution of Board.- The Government may, by notification in the Official Gazette, Constitute a Board to be called Bangladesh Films Censor Board, which shall consist on a Chairman and such number of members, not exceeding fourteen, appointed by the Government for the purpose of examining and certifying films for public exhibition in Bangladesh..

4. Certification of films.- (1) A person may submit a film to the Board, together with an application in the prescribed form, for granting a certificate that the film is suitable for public exhibition:

Provided that the board shall not accept any features film, not being a foreign film, for the purpose of examining its suitability for public exhibition if the total length thereof exceeds fourteen thousand feet, except where, on a request from the film producer, the Government has, for any special reason, previously agreed to relax the said limit, and

(2) If the board after examination considers that a film is suitable for public exhibition, it shall grant a certificate to that effect to the person applying for the same and cause the film to be marked in such manner as may be prescribed.

(3) A certificate granted under sub-section (2) shall subject to the provisions of this Act, be valid for the whole of Bangladesh for such period, if any, as may be specified in the certificate.

(4) Where any period is specified under sub-section (2) the Board may, on application in this behalf, extend such period, or the period so extended, or dispense with the period so specified or extended.

(5) If the Board, after examination under section 4A, considers that-

(a) a film is not suitable as per Rules framed under this Act for public exhibition in Bangladesh, it shall refuse to grant the certificate of the film for public exhibition and shall inform the decision of refusal to the person applying for the certificate within fifteen days from the date of its decision;

(b) a film is not suitable for such public exhibition but may be suitable-

(i) if made restricted to the members of any profession or any class of persons; or

(ii) only for a specific period; or

(iii) if a specified portion thereof is excised ;

it shall inform the person applying for the certificate within fifteen days from the date of its decision.;

4A. (1) The Board shall examine films in such manner as may be prescribed.

(2) Where the Board consists of more than one member, the examination of a film shall be made by such number of members as may be prescribed and such examination shall be deemed to be the examination by the Board.

(3) In examining and certifying films for public exhibition the Board shall follow such principles as may be prescribed..

4B. Appeal.- (1) Any person who is aggrieved by any decision of the Board under this Act may, within thirty days of the date of receipt of such decision, prefer an appeal to the Government.

(2) An appeal preferred under sub-section (1) shall be disposed of in the prescribed manner.

(3) If an appeal is preferred against the decision-

(a) under sub-section (4) of section 4, the Government shall direct, by

order in writing, that the certificate granted under sub-section (2) of

section 4 shall be valid only for the period specified therein, or for the

period extended under sub-section (4) of section 4, or for such period as

may be specified in the order;

(b) under clause (a) of sub-section (5) of section 4, and if the appeal is

rejected, the Government shall, by notification in the Official Gazette, declare that the film to which the appeal relates shall be deemed to be an uncertified film in respect of the whole of Bangladesh;

(c) under clause (b) of sub-section (5) of section 4, and if the appeal is rejected, the Government shall inform the person applying for the certificate within seven days from the date of its decision.

(4) No appeal under this section shall be disposed of without giving an

opportunity to the appellant for representing his views in the matter.

(5) The decision of the Government under this section shall be final.

5. Suspension of Certificate.-

(1) Notwithstanding anything contained in sub-section (3) of section 4, the Chairman may, if he is of opinion that a certified film should not be publicly exhibited, by order, suspend, pending the orders of the Government under sub-section (4), the certificate in respect of that film.

(2) If a Deputy Commissioner is of the opinion that a certified film should not be publicly exhibited within his district, he may, by order, suspend, pending the orders of the Government under sub-section (4) the certificate in respect of that film.

(3) A certified film shall, during the period of suspension of its certificate under sub-section (1) or sub-section (2), be deemed to be an uncertified film in respect of the whole of Bangladesh or, as the case may be, the district concerned.

(4) A copy of any order of suspension made under sub-section (1) or sub-section (2), together with a statement of the reasons therefore, shall forthwith be forwarded to the Government by the authority or the Deputy Commissioner making the order, and the Government may either discharge the order or, by notification in the official Gazette, direct that the film shall be deemed to be an uncertified film in respect of the whole of Bangladesh:

Provide that where the Government makes no order under this sub-section within the period of sixty days from the date of making of the order of suspension, the order of suspension shall on the expiry of such period be deemed to have been discharged.

6. Exhibition of certified films, etc.- (1) Notwithstanding anything in the Cinematograph Act 1918 (II of 1918) or in any other law for the time being in force the Government shall prescribe the places or class of places licensed for the exhibition of cinematograph films where, and the period or periods for which, any certified films or class of certified films may be exhibited.

(2) In respect of places prescribed under sub-section (1), the Government may by rules provide for the regulation of proper seating sanitary booking and other arrangements.

6A. Publicity Materials of Certified Films.-(1) Any publicity materials, such as still photographs, diagrams, sketches, posters, hand bills and Bangla translation of the names of films of foreign origin, shall not be displayed before a licensed place or on publicity boards or otherwise or advertised through print and electronic media unless such materials are approved in a manner prescribed by the Board.

(2) Any person advertising a film certified for public exhibition restricted to members of any profession or any class of persons only or publicising such films by means of insertions in newspapers, posters or hand-bills shall, after the date of its certification, indicate in such insertions that the film has been certified for public exhibition restricted to the members of profession or class of persons only.

(3) The name and address of the producer and director of the film and the approval number of the Board shall be shown clearly on the publicity materials.

(4) Notwithstanding anything contained in Cinematograph Act, 1918 (II of 1918), if an unapproved publicity material is exhibited or displayed in any licensed place, the license of the licensed place shall be liable to suspension or revocation.

Explanation.- For the purpose of this section "licensed place" means a place licensed under section 3 of the Cinematograph Act, 1918 (II of 1918) for the exhibition of film.

7. Power to decertify certified films.- Where the Government is of the opinion that a certified film, or class of certified films, should in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may, of its own motion, by notification in the official Gazette, direct that such film or class of films shall be deemed to be uncertified film or films in respect of the whole of Bangladesh or such area or areas as may be specified in the notification.

7A. "(1) where the Board has reason to believe that a film or publicity materials are

being exhibited in any place in contravention of any provision of this Act or any rule

made thereunder, it may, by order in writing, authorize any police officer not below the

rank of Sub-Inspector or any District Information Officer to search the place and seize

the film and the publicity materials, if any, of that film.

(2) A Police Officer or District Information Officer who has seized a film or any publicity materials under sub-section (1) shall forthwith forward it to the Court.;

(3) On receipt of a film or any publicity materials under sub-section(2) the Board shall take such action under the Act as it deems proper.

8 . Penalty.- (1) whoever -

(a) exhibits or causes or permits to be exhibited in any place, or abets the exhibition of, an uncertified film, or a certified film which does not show the mark of the Board;

(b) without lawful authority alters or tampers with, in any way, any film after it has been certified or since such mark was affixed thereto;

(c) exhibits an unapproved publicity materials;

(d) without lawful authority alters or tampers with, in any way, any publicity materials after it has been approved;

(e) contravenes any other provision of this Act or rules made there under;

shall be punishable with imprisonment for a term which may extend to three years, but shall not be less than one year, or with fine which may extend to taka ten thousand, or with both; and in case of continuing offence with a further fine which may extend to taka five thousand for each day during which the offence continues.;

(2) Where a person is convicted of an offence punishable under sub-section (1) in respect of any film or publicity materials , the court passing the sentence may further direct that the film shall be forfeited to the Government.

(3) Where a person is convicted of an offence punishable under sub-section (1) in respect of a place licensed for the exhibition of cinematograph films , the court passing the sentenced may further direct that , notwithstanding anything in the license relating to such place, no cinematograph film shall be exhibited in that place for such period , not exceeding three months , as may be specified by the court,

 

 

9. Procedure.- (1) omitted;

(2) Where a person guilty of an offence punishable under this Act is a company or other body corporate, every managing director, director, manager, secretary or other officer or agent thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent its commission, be deemed to be guilty of such offence.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898(Act V of 1898),

(a) the provisions of the said Code shall be applicable in the case of trial of an offence punishable under this Act;

(b) an offence punishable under this Act may be tried summarily in accordance with, as far as possible, the provisions laid down in Chapter XXII of the said Code.

10. Power to make rules.- (1) The Government may, be notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, rules make under this section may provide for-

(a) the manner in which films in respect of which certificates are granted shall be marked;

(b) the manner in which appeals shall be disposed of;

(c) the procedure of the Board, and all matters ancillary thereto and the fees to be charged by them;

(d) the appointment of officers subordinate to the Board and the regulation of the powers and duties of such officers; and

(e) any other matter which by this Act is to be prescribed.

11. Power to exempt.- The Government may, by order in writing, exempt, subject to such conditions and restrictions, if any, as it may impose, any film from all or any of the provisions of this Act.

12. Delegation of powers.- The Government may, by notification in the official Gazette, delegate all or any of the powers exercise able by it under this Act to such authority or other person as may be specified in the notification.

13. Omitted.

14. Omitted.

"15. Bar to Legal Proceedings.- No suit, prosecution or other legal proceedings shall lie against the Government, Board, Chairman, Member and any other officer of the Board, as the case may be, in respect of anything which is done or intended to be done in good faith under this Act.

16. No Order of Injunction, etc. without hearing the Board.- Notwithstanding anything contained in any other law for the time being in force, no court shall grant an injunction or make any interim order in respect of any order passed under section 4, 5 or 7 without giving the Board an opportunity of being heard."

 

GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BANGLADESH

MINISTRY OF INFORMATION

NOTIFICATION

Dhaka, the 16th November 1985

No. S.R.O.478-L/ 85.--------In exercise of the powers conferred by rule 13 of the Bangladesh Censorship of Films,1977, and in suppression of the Code for Censorship of Films in Bangladesh, the Government is pleased to issue the following instructions for the purpose of examining and certifying films for public exhibition, namely:-

1. Application of general principles.- In the light of the broad principles, a film shall be regarded as unsuitable for public exhibition if it has the feature given below :-

  1. Security or Law and Order :

  1. Brings into contempt Bangladesh or its people, its tradition, culture, custom and dress.

  2. Tends to undermine the integrity or solidarity of Bangladesh as an independent state.

  3. Violates any instruction issued by the Government from time to time in the interest of preservation of Law and order and of the security aspects of the country.

  4. Portrays sedition, anarchy or violence with political motive.

  5. Reveals military or other official secrets likely to affect security of the state.

  6. Leads to breach of Law and order or creates sympathy for violation of laws.

  7. Ridicules or brings into contempt the Defense Forces, Police Force or any

other Force responsible for maintenance of Law and order in the country.

Portrayal of any character falling in this category in a manner that might

help to correct any corrupt element therein will be permissible.

(h) Portrays the Defense Forces or Police Force in derogatory uniforms.

(i) Gives a general impression of predominance of violence and lawlessness in the country and shows forces of law absent or inactive.

(j) Has an inadequate story intended to cover-up sequences predominantly

consisting of lawlessness, violence , crimes or spying likely to affect

adversely the average audience.

N.B.- While invoking sub-clause (a), place and context should be taken into full consideration.

 

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  1. International Relations:

    2. (a) Contains propaganda in favor of a foreign state having a bearing on any

    point of dispute between it and Bangladesh or against a friendly foreign state which is likely to impair good relations between it and Bangladesh.

    (b) Violates the third country principle, that is which adversely affects friendly relations with the other country or countries or wounds the susceptibilities of foreign nations.

    (c) Portrays maliciously incidents or sequences which are prejudicial to the prestige or history of any people, race or nation.

    (d) Distorts historical facts particularly maligning Bangladesh and its ideals and heroes.

  2. Religious Susceptibilities:

    3. (a) Ridicules, disparages or attacks any religion.

    (b) Causes hatred or strife among religious sects, castes or creeds.

    (c) Exploits religion to denounce or uphold controversial social issues.

    (d) Ridicules religious persuasions so as to offend its believers.

  3. Immorality or Obscenity:

    4. (a) Condones or extenuates acts of immorality.

    (b) Over emphasizes, glamorizes or glorifies immoral life.

    (c) Enlists sympathy or admiration for vicious or immoral character.

    (d) Justifies achievement of a noble end through vile means.

    (e) Tends to lower the sanctity of institution of marriage.

    (f) Depicts actual act of sex, rape or passionate love scenes of immoral nature.

    (g) Contains dialogue, songs or speeches of indecent interpretation.

    (h) Exhibits the human form, actually or in shadow graphs-

    (i) in a state of nudity;

    (ii) indecorously or suggestively clothed;

    (iii) indecorous or sensuous posture.

    (j) Indecently portrays national institutions, traditions, custom or culture.

    (This covers kissing, hugging and embracing which should not be allowed in films of sub-continental origin. This violates accepted canons of culture of these countries . Kissing may ,however, be allowed in case of foreign films only. Hugging and embracing may be allowed in sub-continental films subject to the requirements of the story, provided that the same do not appear to be suggestive or of suggestive nature.)

    N.B.- (1) Deception of attempts or indication to rape may be permissible on

    when it is intended to condemn it.

    (2) Bikini or bathing costume scene may be permissible in case of foreign films

    (3) Modern dress and suitable bathing costume in local production may be allowed in export quality films, provided these are of modest presentation.

    (4) In case a picture creates such an impression on the audience as to encourage vice or immorality, even it shows that the vicious to the immoral has been punished for his/her wrong.

  4. Bestiality:

    5. (a) Exhibits wanton cruelty to animals.

    (b) Shows exaggerated horror, torture or cruelty or suffering which creates severe adverse reaction among the spectators.

    (c) Depicts third degree methods unless otherwise it is for the betterment of the society.

  5. Crime:

  1. Condones criminal acts.

  2. Portrays the modus operandi of criminals which may help to introduce new methods of crime.

  3. Makes heroes of criminals or elicits sympathy of audience on their behalf.

  4. Maliciously ridicules or belittles public officers engaged in the prevention or detection of crime or punishment of criminals or entrusted with the dispensation of justice.

  5. Suggests wrong-doings or criminal activities as profitable or as normal incidents of ordinary life.

  6. Overemphasizes criminal activities in such away as to arouse sympathy.

  7. Familiarizes the adolescents and young people with crime and acts of violence as normal incidents of ordinary life and not to be reprobated.

  8. Shows science as a means of acquiring devilish powers by master criminals and highly equipped and most modern laboratory as his headquarter.

  9. Upholds trafficking women, children, liquor, drugs, and smuggling of any kind.

 

 

 

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  1. Plagiarism :

    2. Plagiarism in any form from any old or under production foreign or Bangladeshi film.

    N.B.- (1) A plagiarized film is that which comes to near the original as to suggest the original in the mind of every person seeing it.

    (2) Plagiarism shall not , however, be deemed to prohibit exceptions being made in suitable cases in the local production of well-known classics of folk-tales or where a producer of an old film produces a better version of his film or he is legally authorized to remake or reproduce the original.

  2. Miscellaneous:

Displays dowry unless it is done to condemn it.

  1. It is not proposed that a film should be banned altogether if the dilation of a part or parts thereof can render it suitable for general exhibition. Outright banning of a film should be resorted to only in case of films , which, in the opinion of a board , cannot be certified as suitable for adults only even with or without excisions in terms of these instructions.

 

By order of the President

K. M. EHSANUL HAQ

Deputy Secretary.


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