Point in Time
Act No: CAP. 222
Act Title: FILMS AND STAGE PLAYS
[ Date of commencement: 1st October, 1963. ]
[ Date of assent: 22nd November, 1962. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Films and Stage Plays Act.

PART II – MAKING OF FILMS
3.
Licensing officer

The Minister shall, by notice in the Gazette, appoint a person to be the licensing officer for the purposes of this Part.

4.
No film to be made without filming licence
(1)

Subject to the provisions of section 10 of this Act, no film shall be made within Kenya for public exhibition or sale either within or outside Kenya except under and in accordance with the terms and conditions of a filming licence issued by the licensing officer under this Part.

(2)

Where any film is made in contravention of the provisions of subsection (1) of this section, the producer, proprietor, promoter and photographer thereof, and every other person engaged in the making of the film, shall each be guilty of an offence.

5.
Application for filming licence
(1)

Every application for a filming licence shall be made to the licensing officer in writing and shall be accompanied by a full description of the scenes in, and the full text of the spoken parts (if any) of, the entire film which is to be made, notwithstanding that part of the film is made or to be made outside Kenya:

Provided that the licensing officer may in his discretion in any particular case accept an application notwithstanding that it is not accompanied by such description and text if he has been given such other information as he requires for the determination of the application.

(2)

If any title, sub-title, text, description, synopsis or other part of the film is in a language other than English, the licensing officer may require a translation thereof into English, certified to his satisfaction, or may submit then same for the examination and report of such persons as he may appoint for the purpose.

6.
Filming licences
(1)

The licensing officer may, in his discretion, issue or refuse to issue a filming licence for which application has been made to him under this Act, or may issue it subject to the condition that a police officer of or above the rank of Inspector, or other person appointed for the purpose by the licensing officer, shall be present at the making of the film, and to such other conditions as he may think fit.

(2)

Before granting a filming licence, the licensing officer may require the applicant to enter into a bond, with or without sureties in such sum (not exceeding such amount as is prescribed) as the licensing officer may require, to secure that the film, so far as it is made, is made in accordance with—

(a)

the conditions (if any) contained in the licence; and

(b)

the description, text and other information supplied to the licensing officer, with any alterations and additions for which permission has been granted under section 7 of this Act.

7.
Alterations and additions to films
(1)

Where it is desired to make any material alteration or addition to the text, synopsis or scenes of a film which is to be made and in respect of which a filming licence has been issued, the holder of the licence shall apply in writing to the licensing officer for permission to make the alteration or addition, and the application shall be accompanied by the filming licence and by particulars of the proposed alterations and additions and, if the alterations or additions are in a language other than English, and the licensing officer so requires, a translation thereof into English, certified to the satisfaction of the licensing officer.

(2)

The decision of the licensing officer on the application shall be endorsed on the filming licence, and if permission is granted there shall also be endorsed any condition which is attached to the permission.

8.
Films to be made in accordance with furnished particulars
(1)

No film shall be made otherwise than in accordance with the particulars furnished to the licensing officer, except in so far as permission to make alterations or additions has been granted under section 7.

(2)

Where any film in respect of which a filming licence has been issued is made in contravention of the provisions of subsection (1) of this section, the producer, the proprietor, the promoter and the photographer thereof, and every other person engaged in the making of the film, and, where the holder of the filming licence is not one of the aforesaid persons, the holder also, shall each be guilty of an offence.

9.
Power of police officer or appointed person at making of a film
(1)

Where a filming licence is issued subject to the condition that a police officer or other person appointed for the purpose shall be present at the making of the film, such police officer or other person may in his discretion, having regard to any special or general directions given to him by the licensing officer, intervene, if need be by force, to stop the making of any scene which in his opinion endangers the safety of any person or property (other than property in the possession or disposition of the producer, the promoter or any other person engaged in the making of that film) or which is cruel or causes unnecessary suffering to an animal, or which he has reason to believe is being made in contravention of any of the provisions of this Act or of any regulations made thereunder, or of any of the conditions contained in the licence or attached to any permission granted under section 7 of this Act.

(2)

Where a police officer or other person intervenes as aforesaid, he shall forthwith notify the licensing officer of such intervention and of the reasons therefor, and the licensing officer may either permit the making of the film to be resumed or, having first given the holder of the filming licence an opportunity of being heard, permit the making of the film to be resumed on such conditions as he may think fit or refuse to permit the making of the film to be resumed.

(3)

Any person who obstructs or hinders any police officer or other person in the exercise of his duties under this section shall be guilty of an offence.

(4)

Where, after such intervention as aforesaid, the making of a film is resumed without the permission of the licensing officer or in contravention of any condition imposed under subsection (2) of this section, the producer, the proprietor, the promoter and the photographer of the film and every other person engaged in the making of the film, and, where the holder of the filming licence is not one of the aforesaid persons, such holder also, shall each be guilty of an offence.

10.
Power to exempt films

The licensing officer may in writing or by notice in the Gazette exempt from the provisions of this Part any film, or any class of films, generally or by reference to the person or class of persons making the film or films.

PART III – EXHIBITION OF FILMS
13.
Restriction on display of posters
(1)

No person shall display, or cause or permit to be displayed, in a public place, or so as to be visible from a public place, any poster, unless the Board has first approved the poster for public display.

(2)

Where, under paragraph (b) of subsection (1) of section 14 of this Act, the Board has directed that a description only of a poster need be furnished, and a poster advertising the film or exhibition is displayed in a public place or so as to be visible in a public place, an authorized person may, if he considers that the poster is objectionable or does not conform to the description furnished under that paragraph (and on production of his authority if so requested), require any person displaying the poster, or causing or permitting it to be displayed, to remove it or to obliterate a specified part thereof.

(3)

Any person who contravenes the provisions of subsection (1) of this section, or who fails to comply with any requirement of an authorized person under subsection (2) of this section, shall be guilty of an offence.

(4)

In this section, “an authorized person” means a person who is in writing authorised by the Board for the purposes of this Part.

14.
Application for certificate of approval
(1)

Every application for a certificate of approval shall be made to the Board and shall be accompanied by—

(a)

the entire film to which the application relates;

(b)

a copy of every poster intended to be publicly displayed in connexion with the film or its exhibition, or else, where the Board in any particular case so directs, a full description thereof and of the visual and verbal contents thereof.

(2)

If application is made for a certificate of approval in respect of a film, or for the approval of a poster, containing writing or speech in a language other than English, the Board may require a translation thereof into English, certified to the satisfaction of the Board, or may submit the film or poster for the examination and report of such persons as the Board may appoint for the purpose.

17.
Films unsuitable for children
(1)

If it considers that any cinematograph film is unsuitable for general exhibition, the Board shall record its ruling in one of the following forms—

(a)

for adults only;

(b)

unsuitable for children under the age of sixteen years;

(c)

unsuitable for children under the age of ten years.

(2)

Where the Board records its ruling in the form “for adults only” it shall issue a certificate of approval subject to the condition that no child shall be admitted to the exhibition thereof.

(3)

The ruling of the Board under subsection (1) of this section shall be mentioned in all advertisements and on all posters of the film concerned, and announced on the cinema screen immediately before the film is exhibited.

(4)

Any person who exhibits any film, at an exhibition to which the public are admitted, in contravention of any condition imposed under subsection (2), or who displays or permits to be displayed in a public place or so as to be visible from a public place, any poster, or who publishes any advertisement or causes or permits to be published any advertisement, which contravenes, or who otherwise fails to comply with, the provisions of subsection (3), shall be guilty of an offence.

18.
Effect of adding matter after approval

If any matter other than the certificate of approval and the prohibition or ruling of the Board is added to a film after it has been approved by the Board, the film shall be deemed, for the purposes of this Act, to be a film in respect of which a certificate of approval has not been given.

PART IV – LICENSING OF STAGE PLAYS
PART V – LICENSING OF THEATRES AND CINEMAS
PART VI – GENERAL
30.
Revocation of licence, etc., by Minister

Any licence, certificate of approval, approval or permission issued or given under this Act may be revoked by the Minister at any time by notice in writing served personally or by post on the person to whom it was issued or given.

34.
Offences by corporations, societies, etc.

Where any offence under this Act or any regulations made thereunder is committed by a company or other body corporate, or by a society, association or body of persons, every person charged with, or concerned or acting in, the control or management of the affairs or activities of the company, body corporate, society, association or body of persons shall be guilty of that offence and liable to be punished accordingly, unless it is proved by that person that, through no act or omission on his part, he was not aware that the offence was being or was intended or about to be committed, or that he took all reasonable steps to prevent its commission.

35A.

Deleted by Act No. 21 of 1966, First Sch.

[L.N. 472/1963, s. 8, Act No. 21 of 1966, First Sch.]

36.
Exemption relating to the Government

Nothing contained in this Act shall apply to the exhibition or making of any film by the Government.

[Act No. 21 of 1966, First Sch.]