Cinema and Stage Age-Classification Regulations, 2012

L.N. 416 of 2012

MALTA COUNCIL FOR CULTURE AND THE ARTS ACT

(CAP. 444)

Cinema and Stage Age-Classification Regulations, 2012

In exercise of the powers conferred by article 33 of the Malta

Council for Culture and the Arts Act, the Minister responsible for

Culture has made the following regulations:-

The title of these regulations is the Cinema and Stage Age-

Classification Regulations, 2012.

For the purposes of these regulations, unless the context

otherwise requires

"Act" means the Malta Council for Culture and the Arts Act;

"licence" and "licensee" means the venues, operators and

owners of venues respectively, permitted by law to publicly exhibit

cinematographic works and stage productions, in line with the

meanings as used in the Cinema and Stage Regulations;

"Minister" means the Minister responsible for Culture.

(1) There shall be a board, to be called the Board of

Film Age-Classification, hereinafter referred to as the ''Film Board'',

which shall consist of a Chairman and such number of other

members, not being less than five and not more than eight, as shall be

appointed annually by the Minister, which Board shall exercise and

perform the functions assigned to it by these regulations. The

members of the Film Board shall occupy such post for a period of one

year, which period may be renewed.

(2) It shall be the function of the Film Board to classify films

on the basis of guidelines to be drawn up, published and periodically

updated by the Film Board based on the following main criteria

(a)

the general character of the production including

whether it is of medical, legal or scientific character; and

(b) the literary, artistic or educational merit, if any, of

the production; and

(c)

the standards of morality, decency and propriety

generally accepted by reasonable adults; and

(d) the person or class of persons to whom it is intended

or by whom the production is likely to be viewed.

(3) The names of the members of the Film Board shall be

published annually in the Gazette.

(4) Every film shall be classified according to age category by

at least two members of the Film Board in accordance with the

provisions of these regulations.

(5) When, upon any occasion, the Film Board desires to obtain

the advice of any person upon any particular matter or matters, the

Chairman of the said Film Board may co-opt such person to be a

member for such meeting or meetings as may be required, and such

person, while so co-opted, shall have all the rights and privileges of a

member, save that he shall not be entitled to take part in any decision

or in the report referred to in regulation 6.

(6) The provisions of sub-regulation (3) shall not apply to any

persons co-opted to be members as provided in sub-regulation (5).

(7) The fees payable to every age-classifier of film shall be the

following

(a)

one euro and fifty cent (€1.50) per film trailer;

(b)

nine euro and fifty cent (€9.50) per film.

(8) The Chairman of the Film Board shall be paid a fee of

eight hundred and fifteen euro (€815) per annum in addition to the

fees provided for in sub-regulation (7).

(9) The Film Board shall be composed of any number of

members, as stipulated by these regulations, who shall possess

knowledge and experience relevant to the classification of films and

specifically in the following areas

(a)

film appreciation and the film and audiovisual

industry;

(b) issues of public social and psychological concern,

including educational issues; and

(c)

development issues affecting persons under 18 years

of age,

one of whom shall be appointed Chairman of the Film Board by the

Minister; and any person or persons appointed under paragraph (c)

shall be so appointed after consultation with the Commissioner for

Children.

(10) Voting on the Film Board shall be by majority, but in the

case of an equality of votes, the Chairman shall have a casting vote in

addition to his original vote.

(11) The Film Board may regulate its own procedure generally,

and, in particular, regarding the holding of meetings, the notice to be

given of such meetings, the proceedings thereat, the keeping of

minutes, the custody, production and inspection of such minutes, and

such other matters as are related to its functions.

(12) The Film Board may act notwithstanding any vacancy

among its members.

The age-classification of films shall be carried out by the

Film Board and shall be communicated expediently to the applicant,

and shall be duly notified to the licensees of cinematographs.

Applications for the age-classification of films by age-

classifiers shall be made to the Chairman of the Film Board on forms

to be obtained from the Film Board, in paper or electronic format,

free of charge.

(1) The examining age-classifiers shall, in their

discretion, report whether, having regard to the guidelines drawn up

in terms of regulation 3(2), the film to which the application refers

may or may not be passed for exhibition, and shall classify such film

into one of the following categories, and shall advise the applicant

and the general public of such classification

(i)

‘U’ - UNIVERSAL. Suitable for all.

(ii) ‘PG’ - PARENTAL GUIDANCE. General viewing,

but some scenes may be unsuitable for young children.

(iii)

‘12A’ - Suitable for persons of 12 years and over

Provided that persons younger than 12 years may attend

only when accompanied by an adult.

(iv)

‘12’ - Suitable only for persons of twelve years and

over.

(v)

‘15’ - Suitable for persons of fifteen years and over.

(vi) ‘18’ - Suitable only for persons of eighteen years

and over.

(2) In examining a film submitted for age-classification the

Film Board may call upon the person presenting the film for

classification and discuss the age-rating to be given to the film with

such person.

(3) The Film Board shall, together with the classification,

issue, whether in electronic or other form, reasons justifying the age-

classification, and notices to the public containing additional

information as to the content of the films so classified.

(1) The Film Board shall issue an age-classification Issue of

certificate.

certificate accordingly, which shall be delivered to all applicants.

(2) The age-classification certificate and notices to the public

containing additional information shall be exhibited in a conspicuous

place at the entrance of the premises and may be communicated to the

public by any other means.

(1)

Where the examining age-classifiers have reported Review of

decision of

that a film -

examining age-

classifiers.

(a)

is fit for exhibition in any of the categories specified

in regulation 6; or

(b) is not fit for exhibition in any category specified in

regulation 6;

the person who has applied for the examination of the film may, if he

feels aggrieved by the decision, within five days of receiving said

decision, apply in writing to the Classification Review Board

(hereinafter referred to as "Review Board") for a review of such

decision. The Review Board may confirm or reverse the decision of

the Film Board.

(2) The Review Board shall be composed of three (3) persons

appointed by the Minister, one of whom shall be appointed Chairman

of the Review Board

Provided that the members of the Review Board shall not

be the same members as those sitting on the Film Board.

(3) The Review Board shall be composed of persons who

possess knowledge and experience relevant to the classification of

films and specifically in the areas identified in regulation 3(9)

Provided that the person appointed under the area of

expertise referred to in regulation 3(9)(c) shall be so appointed after

consultation with the Commissioner for Children.

(4) Voting on the Review Board shall be by majority, and each

member of the Review Board must be present for a vote to be taken.

In the case of an equality of votes, the Chairman shall have a casting

vote in addition to his original vote.

(5) On receipt of such application, the Chairman of the

Review Board shall make the necessary arrangements for the film to

be examined again by all members of the Review Board whose

decision, subject to the provisions of regulation 9, shall be final.

(6) In its deliberations, the Review Board shall reach its

decision in terms of these regulations and the guidelines drawn up in

terms of regulation 3(2), and shall give reasons for the decision. The

Review Board shall notify the applicant with its final decision

regarding the age-classification and the reasons for which it was

taken.

(7) Any person who feels aggrieved by the decision of the

Review Board shall have a right to apply to the Administrative

Review Tribunal established by article 5 of the Administrative Justice

Act, citing grounds contained in said Act, within twenty days from

when the decision by the Review Board is given, to demand the

review of the said decision.

(8) The provisions of the Administrative Justice Act, in so far

as they apply to the Administrative Review Tribunal, shall apply to

any proceedings before the said Review Board and the words "public

administration" in the said enactment shall be construed as a

reference to the Film Board and the Review Board.

(9) Any court proceedings pending on the date of the coming

into force of these regulations, before any court from a decision of the

Film Board or the Review Board shall continue to be heard by that

court without prejudice to regulation 9.

Where a film, with or without a second examination as

provided in regulation 8, has not been passed by the Film Board as fit

for exhibition in any category specified in regulation 6, such film may

not be submitted again for classification before the expiration of one

year from the decision.

Whenever a particular film is classified under any of the

categories specified in regulation 6(1), no persons below the age

specified in any particular age-classification thereof shall be admitted

to the exhibition of that film and in each such case the certificate

referred to in regulation 7 shall include an intimation to the effect that

such persons are not allowed admission to the exhibition of that film.

Furthermore in each such case an intimation to the same effect set out

in large type shall be affixed at the entrance of the premises.

(1) The films which may be shown in the same Films which

programme as the category of main feature films indicated in the First may

in the same

Column below shall be of the category or categories stated in the programme.

Second Column below, and it shall be an offence to exhibit, with such

main feature films, any film, not being an advertising film passed by

the Film Board, classified in a different category.

First Column

Second Column

Main Feature

Other Films

U

U

PG

PG and U

12A

12A, Pg and U

12, 12A, PG and U

15, 12A, 12, PG and U

18, 15, 12A, 12, PG and U

(2) Where in the case of a double feature, this comprises an 18

category film and a film in any other category, the 18 category film

shall be deemed to be the main feature film; and where it comprises a

15 category film and a 12A, 12 or PG or U category film, the 15

category film shall be deemed to be the main feature film; and where

it comprises a 12A category film and a PG or U category film, the

12A category film shall be deemed to be the main feature; and where

it comprises a 12 category film and a 12A, PG or U category film, the

12 category film shall be deemed to be the main feature film; and

where it comprises a PG category film and a U category film, the PG

category film shall be deemed to be the main feature film.

In the cases referred to in regulations 10 and 11, the Proof by

licensees of cinematographs and, as the case may be, their agent or licensee.

employee shall not be guilty of the offence of admitting to the

exhibition of a film or programme a person below the requisite age, if

he proves to the satisfaction of the court that, having regard to the

circumstances, he had reason to believe that the person was of the

requisite age, and shall in no case be guilty of an offence if any person

under the age specified in the category gains admission to an

exhibition of a film or programme from which he is excluded on

account of age.

The licensee shall insert on every poster and advertisement Exhibition of

exhibited to the public, as soon as the certificate referred to in poster.

regulation 7 is issued, one of the following notices, as the case may

be, together with any notices to the public containing additional

information in terms of regulation 6(3), in block letters

TEXT NOTICES FOR CINEMA PREMISES

U certificate

Persons of all ages admitted

PG certificate

General viewing, but some scenes

may be unsuitable for young children

12A certificate

Suitable for persons of 12 years and

over, provided that persons younger

than 12 years may attend only when

accompanied by an adult

12 certificate

Persons of 12 years and over admitted

15 certificate

Suitable for persons of 15 years and

over

18 certificate

Suitable for persons of 18 years and

over

For the purpose of these regulations the word "film" or

"films" shall include posters, notices, photographs, pamphlets or

synopsis relative to films.

The licensee shall be responsible for the correct exhibition

of the film to which the certificate refers, as well as for the strict

observance of the provisions of these regulations.

(1) All dramatic and other stage productions to which

the public is admitted, whether by payment or otherwise, must be

given a reasonable and proper age-classification, according to the

age-classification ratings listed in regulation 6(1). The age-

classification shall be exhibited in a conspicuous place at the entrance

of the premises and may be communicated to the public by any other

means.

(2) The person responsible for determining the age-

classification in accordance with these regulations in respect of

dramatic and other stage productions shall be the producer; in the

absence of an identified producer, it shall be the director; in the

absence of both it shall be the registered licensee of the venue; and in

his absence, the owner of the venue.

(3) Where necessary, notices to the public containing added

information as to the content of the dramatic and other stage

productions so classified shall be provided to the public by the person

responsible for determining the age-classification in terms of sub-

regulation (2). Such notices shall be exhibited, together with the age-

classification given, in a conspicuous place at the entrance of the

premises and may be communicated to the public by any other means.

(4) The person responsible for determining the age-

classification for dramatic and other stage productions in terms of

sub-regulation (2), shall do so in line with the guidelines issued by the

Guidance Board referred to in regulation 17.

(5) Any recommendation, advice, notice or alternative issued

by the Guidance Board for a named dramatic and other stage

production shall be exhibited by the responsible person as mentioned

in sub-regulation (2), in a conspicuous place at the entrance of the

premises and may be communicated to the public by any other means.

(1) There shall be a board, to be known as the Guidance Theatre

Board, which shall be appointed by the Minister and shall consist of: Guidance

Board.

(a)

the Chairman of the Malta Council for Culture and

the Arts ex officio, who shall be the Chairman of the Guidance

Board; and

(b) not more than four other members who shall possess

knowledge and experience relevant to the classification of

dramatic and stage productions and specifically in the following

areas

(i) knowledge and experience in the field of

dramatic and stage productions;

(ii) issues of public social and psychological

concern, including educational issues; and

(iii) development issues affecting persons under

18 years of age,

and any person or persons appointed under paragraph (b)(iii)

shall be so appointed after consultation with the Commissioner

for Children.

The members of the Guidance Board shall occupy such post for

a period of three years, which period may be renewed.

(2) Voting shall be by majority, but in the case of an equality

of votes, the Chairman shall have a casting vote in addition to his

original vote.

(1)

The Guidance Board shall have the following Functions of the

Guidance

functions

Board.

(a)

to draft guidelines, and update them from time to

time, to be consulted by the person responsible for determining

the age-classification in terms of regulation 16(2) in deciding

the appropriate age-classification to assign to their productions;

(b) upon the written request of the person responsible

for determining the age-classification in terms of regulation

16(2), give its recommendation, in writing and in a timely

fashion, as to which age-classification would be suitable for the

dramatic and other stage production in question;

(c)

receive complaints and grievances by any member

of the public who feels aggrieved or offended by any dramatic

or stage production.

(2) Complaints and grievances made by members of the public

in terms of sub-regulation (1)(c) shall be addressed to the Guidance

Board and submitted in writing.

(3) Upon receiving any such complaint or grievance, the

Guidance Board shall confer with the person responsible for

determining the age-classification in terms of regulation 16(2) and

may demand to see a rehearsal or staged version of the dramatic and

other stage production.

(4) The Guidance Board may decide

(a)

to reject the claims contained in the complaint or

grievance; or

(b) to recommend an alternative age-classification for

the dramatic and other stage production; or

(c)

to recommend that notices regarding the content of

the dramatic and other stage production be drawn up and

communicated to the public.

(5) Any guidance, advice, recommendation, opinion or

guideline issued by the Guidance Board shall be released in writing

and shall be made available to the public.

(6) The Guidance Board shall keep a record of all requests,

complaints and correspondence received by it and of all advice,

recommendations, opinions and guidelines it issues.

(7) The actions and recommendations by the Guidance Board

shall respect the provisions of the Administrative Justice Act and the Cap. 490.

principles contained therein.

Any breach of these regulations shall be brought to the Breach of these

attention of the boards established by these regulations, and such regulations.

boards shall, unless in their opinion the matter is vexatious or

frivolous, refer any such matter to the competent authorities.

(1) Any person who gains admission to an exhibition of Offences and

a film or programme from which he is excluded on account of age penalties.

shall be guilty of an offence.

(2) Any person who is found guilty by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) of an offence

against sub-regulation (1) shall be liable on conviction to a fine

(ammenda) of not less than one hundred euro (€100) for each

contravention, provided that in the case of a second or subsequent

offence committed within six months from the date of any previous

conviction under these regulations or any other regulations relating to

cinemas, such fine shall be of not less than five hundred euro (€500)

and not more than one thousand euro (€1000) for each contravention.

(1) Any person who exhibits a film in contravention of Other offences.

these regulations or who, in any place to which the public is admitted,

whether for payment or otherwise, presents a dramatic or stage

production without displaying -

(a)

the age-classification in respect thereof; or

(b) the guidance, opinion or recommendation given by

the Guidance Board, if any,

shall be guilty of an offence against these regulations.

(2) Any person who is found guilty by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) of an offence

in terms of sub-regulation (1) shall be liable, on conviction

(a)

for offences related to films, to a fine (ammenda) of

not less than one hundred euro (€100) and not more than five

hundred euro (€500) for each contravention, provided that in the

case of a second or subsequent offence committed within six

months from the date of any previous conviction under these

regulations or any other regulations relating to cinemas, such

fine shall be of one thousand euro (€1000) for each

contravention; and

(b) for offences related to dramatic or other stage

productions, to a fine (ammenda) of not less than one hundred

euro (€100), and not more than five hundred euro (€500) for

each contravention provided that in the case of a second or

subsequent offence committed within six months from the date

of any previous conviction, such fine shall be of five hundred

euro (€500) for each contravention.

€0.99