Singapore legislation

Section 21

of Films Act 1981

Section 21

Offences involving unclassified films, etc.

Amended by25/201825/201825/201825/201825/201825/201825/201825/201825/201825/2018

(1)

A person commits an offence if —

(a)

the person —

(i)

distributes or publicly exhibits an unclassified film; or

(ii)

has in the person’s possession a film that is an unclassified film, with the intention of distributing or publicly exhibiting the film; and

(b)

the person knows or ought reasonably to have known that, or is reckless as to whether, the film is an unclassified film.

Amended by25/2018

(2)

A person commits an offence if —

(a)

the person distributes or publicly exhibits a film with a title that is not the same as the title by which the film is classified; and

(b)

the person knows or ought reasonably to have known that, or is reckless as to whether, the film’s title is not the same as the title by which the film is classified.

Amended by25/2018

(3)

A person commits an offence if —

(a)

the person distributes or publicly exhibits a film with contents that are not the same as that in which the film is classified; and

(b)

the person knows or ought reasonably to have known that, or is reckless as to whether, the film’s contents are not the same as that in which the film is classified.

Amended by25/2018

(4)

Subsections (2) and (3) do not apply to a film the contents of which are modified, and the modification is only that mentioned in section 17(3).

Amended by25/2018

(5)

A person commits an offence if —

(a)

the person distributes a classified film —

(i)

without a classification label made available under section 18 for that film affixed to the film;

(ii)

affixed with a classification label showing a classification rating otherwise than in accordance with the classification assigned to that film under this Act; or

(iii)

affixed otherwise than in accordance with the manner prescribed (if any), with a classification label made available under section 18 in respect of that film; and

(b)

the person knows or ought reasonably to have known that, or is reckless as to whether —

(i)

no classification label made available under section 18 for that film is affixed to the film;

(ii)

a classification label showing a classification rating otherwise than in accordance with the classification assigned to that film under this Act is affixed to the film; or

(iii)

a classification label made available under section 18 in respect of that film is affixed otherwise than in accordance with the manner prescribed,as the case may be.

Amended by25/2018

(6)

A person commits an offence if —

(a)

the person distributes a classified film without the consumer advice applicable to the film displayed on the film or the container, wrapping, casing, box or other thing in or with which the film is distributed; and

(b)

the person knows or ought reasonably to have known that, or is reckless as to whether the consumer advice applicable to the film is so displayed.

Amended by25/2018

(7)

Where conditions have been imposed under section 18(2) on the classification certificate issued for a film and the conditions relate to the distribution or public exhibition of the film to persons below specified ages or at specified places, a person commits an offence if the person distributes or publicly exhibits the film to an individual knowingly, negligently or recklessly in contravention of any such condition.

Amended by25/2018

(8)

A person who commits an offence under subsection (1), (2), (3), (5), (6) or (7) shall be guilty of an offence and shall be liable on conviction —

(a)

in respect of an offence under subsection (1), (2) or (3), to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 6 months or to both; and

(b)

in respect of an offence under subsection (5), (6) or (7), to a fine not exceeding $5,000.

Amended by25/2018

(9)

In a prosecution of an offence for contravening subsection (7) in relation to a distribution or public exhibition of a film to persons below a specified age in contravention of a condition in the classification certificate for that film, it is a defence for the defendant to prove, on a balance of probabilities, that at or before the time of the distribution or public exhibition, there was produced to the defendant documentary evidence that might reasonably be accepted —

(a)

as applying to the person to whom the film was distributed or publicly exhibited; and

(b)

as proving that the person was at least that specified age.

Amended by25/2018

(10)

A reference in this section to an unclassified film does not include a reference to an obscene film or exempt film, or a party political film or prohibited film.

Amended by25/2018
Section 21 — Films Act 1981 | laws.sg