Film Examination Law

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Article 1: Films, regardless of whether they are produced in this country or abroad, may only be screened after the studio submits it for examination and approval and obtains a licence according to this Law.

Article 2: Handling matters concerning film examination and banning, is the responsibility of the Ministry of the Interior’s Film Examination Office, its organization regulations will be determined separately.

Article 3: Film tape possessors shall apply for examination with the examination organ before screening.

Article 4: Films having one of the circumstances listed in all following clauses, shall be revised, cut or prohibited from screening:

1, those damaging the interests of the Republic of China or the honour of the nation;

2, those destroying public order;

3, those impairing good customs;

3, those advocating superstition and heresy.

According to the provisions of all clauses of the previous paragraph, the Ministry of the Interior will formulate separate film examination standards, and will implement them after petitioning the Executive Yuan for approval.

Article 5: Where films are deemed not to have circumstances listed in all clauses of Article 4 after examination, they are issued a license permitting screening.

Films produced in this country, without having been inspected and having obtained export certificates, may not be transported abroad for screening.

Article 6: Films’ screening permission licenses have a period of validity of three years, where screening is required after this period, examination shall be requested again.

Article 7: Films having obtained screening permission licences, if their names are changed or when their plot is modified, examination shall be requested again.

Article 8: For films having obtained screening permission licenses, one screening permission licence shall be requested, filled out and issued for every copy of the film.

Article 9: Where the screening region of films, because of special content, may be restricted, this is indicated on the screening permission licence.

Article 10: Films that are found to contain matters harmful to children through examination, a restriction against children of twelve years or fewer viewing them may be imposed, and this is indicated on the screening permission licence.

Article 11: Films having obtained screening permission licenses, if the matters listed in all clauses of Article 4 become possible because of changes occurring in domestic or foreign situations, may be recalled for reinspection and reappraisal.

Article 12: Films that have been revised, cut or prohibited from screening, if the reasons for revising, cutting or prohibiting them from screening disappear because of changed circumstances, film possessors may request examination again.

Article 13: When film possessors request examination, they shall pay film examination fees of 20 Yuan per 500 metres, those shorter than 400 metres are calculated as having 500 metres, those of which registration is registered again as per the provisions of Article 6, Article 7 or Article 12, registration fees are doubled.

Article 14: Films having obtained screening permission licences, when they are screened, the screening person shall present the licence to the local controlling organ for inspection, no fees may be charged.

When films are screened as per the previous clause, if it is discovered that this exceeds the originally approved scope, the local controlling organ, apart from ceasing screening and provisionally detaining films, it shall report this to the Ministry of the Interior Film Examination Office for action.

Article 15: The Ministry of the Interior Film Examination Office may send personnel carrying certificates to go to film screening venues and conduct inspections

Article 16: Of those screening films without requesting examination as per Article 3, the films will be detained, and the film possessor is punished with a fine of 1000 to 3000 Yuan, the screening person is fined with a fine of 1000 Yuan to 2000 Yuan or cessation of business of one to three days, the detained films, if found to contain circumstances listed in all clauses of Article 4 through examination, apart from punishment, will be confiscated.

Article 17: Of those screening films without requesting examination again as per Article 6, or not requesting added screening permission licences as per Article 8, the films will be detained, the film possessor is punished with a fine of 500 Yuan to 1000 Yuan, the screening person is punished with a fine of 500 to 1000 Yuan or cessation of business of one to two days.

Films detained as per the previous clause, after imposing fines, may be requested to be examined again, or added screening permission licences may be applied for.

Article 18: Of those screening films without requesting examination again as per Article 7, the films will be detained, the film possessor is punished with a fine of 1000 to 2000 Yuan, the responsible screening person will be punished with cessation of business of one to three days.

Films detained as per the previous clause, after imposing fines, may be requested to be examined again.

Article 19: When screening films not in compliance with the provisions of Article 9 or Article 10, the screening person is punished with a fine of 500 to 1000 Yuan or cessation of business of one to two days.

Article 20: Of those counterfeiting or altering screening permission permits and screening films, the films are detained, and the person responsible for counterfeiting is punished with a fine of 1000 to 3000 Yuan, the responsible screening person is also punished with cessation of business of three days. The detained films, if found to contain circumstances listed in all clauses of Article 4 through examination, apart from punishment, will be confiscated.

If the detained films are not found to contained circumstances listed in all clauses of Article 4 after examination, after punishment by the examination organ and approval, their return may be applied for.

Article 21:

Of those screening films without revision or cutting according to examination organ decisions, the films are detained, the responsible person is punished with a fine of 1000 to 3000 Yuan, the responsible screening person is also punished with cessation of business for three days.

Concerning films detained as per the previous clause, after punishment by the examination organ and approval, their return may be applied for.

Article 22: Of those screening prohibited films, the films are confiscated, the film possessor is punished with a fine of 4000 Yuan, the screening person is punished with a fine of 2000 Yuan and cessation of business of three days.

Article 23: For screening films without presenting permits as per Article 14, the screening person is punished with cessation of business of one to three days.

Punishment in the above clause is executed by the local controlling organ.

Article 24: The administrative punishments and fines listed in Article 16 until Article 23, are handled by the Ministry of the Interior Film Examination Office

Article 25: Implementation rules for this Law will be formulated by the Ministry of the Interior.

Article 26: This law takes effect on the day of publication.

電影檢查法
第一條

電影片無論本國製或外國製,廠依本法經檢查核准領有准演執照後,始得映演。
第二條

電影片之檢查及取締事宜,由內政部電影檢查處負責辦理,其組織條例另定之。
第三條

電影片持有人應於映演前向檢查機關申請檢查。
第四條

電影片有左列各款情形之一者,應予修政或刪剪或禁演:
一、損害中華民國利益或民族尊嚴者;
二、破壞公共秩序者;
三、妨害善良風俗者;
四、提倡迷信邪說者。
根據前項各項之規定,由內政部另訂電影片檢查標準,呈請行政院核准後施行之。
第五條

電影片經檢查後認為無第四條各款之情形者,發給准演執照。
本國製之電影片,非經核准領有出國證明書,不得運往國外映演。
第六條

電影片之准演執照以三年為有效期間,期滿後如仍須映演,應重行申請檢查。
第七條

領有准演執照之電影片,如有改換名稱或變更情節時,應重行申請檢查。
第八條

領有准演執照之電影片,共每複製片應申請添發准演執照一份。
第九條

電影片因內容特殊得限制其映演地區,並於准演執照內註明之。
第十條

電影片經檢查認為有害兒童心理者,得限制十二歲以下之兒童觀看,並於准演執照內註明之。
第十一條

領有准演執照之電影,如因國內外情勢變遷發生第四條各款情形之可能者,得調回復檢,重予核定。
第十二條

經修改或經刪剪或已禁演之電影片,如因情形變遷其須修改或刪剪或已禁演之原因消失時,電影片持有人得重行申請檢查。
第十三條

電影片持有人於申請檢查時,應繳納電影片檢查費每五百公尺二十元,不滿五百公尺者以五百公尺計,依第六條、第七條或第十二條之規定,重行申請檢查者,應繳納加倍之檢查費。
第十四條

領有准演執照之電影片,於映演時應由映演人將執照向當地主管機關呈驗,不得收費。
前項電影片於映演時,如發見有軼出原核准之範圍者,當地主管機關除即予停止映演暫行扣押其影片外,並報請內政部電影檢查處核辦。
第十五條

內政部電影檢查處得派員攜帶證件至電影片映演場所施行查驗。
第十六條

不為第三條之申請檢驗而映演電影片者,扣押其電影片,處電影片持有人一千元至三千元之罰鍰,處映演人一千元至三千元之罰鍰或一日至三日之停業,扣押之電影片經查明有第四條各款之情形者,除處罰外,並予沒收。
扣押之電影片經查明無第四條各款之情形者,經檢查機關處罰並核定後,得申請發還。
第十七條

不為第六條之重行申請檢查,或不為第八條之申請添發准演執照而映演電影片者,扣押其電影片,處電影片持有人五百元至一千元之罰鍰,處映演人五百元至一千元之罰鍰或一日至二日之停業。
前項扣押之電影片於處罰鍰後,得重行申請檢查或申請添發准演執照。
第十八條

不為第七條之重行申請檢查而映演電影片者,扣押其電影片,處其負責人一千元至二千元之罰鍰,其責任在映演人者,並處一日至三日之停業。
前項扣押之電影片經檢查機關處罰並核定後,得申請發還。
第十九條

不依第九條或第十條之規定而映演電影片者,處映演人五百元至一千元之罰鍰或一日至二日之停業。
第二十條

偽造或塗改准演執照而映演電影片者,扣押其電影片,處偽造或塗改行為之負責人一千元至三千元之罰鍰,其責任在映演人者,並處三日之停業。扣押之電影片經查明有第四條各款之情形者,於處罰後,並予沒收。
扣押之電影片經查明無第四條各款之情形者,經檢查機關處罰並核定後,得申請發還。
第二十一條

不照檢查機關核定之修改或刪剪而映演電影片者,扣押其電影片,處其負責人一千元至三千元之罰鍰,其責任在映演人者,並處三日之停業。
前項扣押之電影片,經檢查機關處罰並核定後,得申請發還。
第二十二條

映演業經查禁之電影片者,沒收其電影片,處電影片持有人四千元之罰鍰,處映演人二千元之罰鍰,並三日之停業。
第二十三條

不為第十四條之呈驗執照而映演電影片者,處映演人一日至三日之停業。
前項處分由當地主管機關核定執行。
第二十四條

第十六條至第二十三條各條所列行政處分及罰鍰,由內政部電影檢查處核定辦理。
第二十五條

本法施行細則由內政部定之。
第二十六條

本法自公布日施行。

One thought on “Film Examination Law

    Updates 27 May | China Copyright and Media said:
    May 31, 2012 at 11:05 pm

    […] Film Examination Law (1948) Like this:LikeBe the first to like this post. […]

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