{"kind":"expression","expression":{"expr_id":"341","doc_id":"341","label":"Act 9 of 2015","is_as_enacted":"t","commenced_on":"2016-01-01","superseded_on":null,"valid_from":"2016-01-01","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2015\/9\/eng@2016-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2015\/9\", \"expression\": \"\/akn\/ky\/act\/2015\/9\/eng@2016-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2015\/9\/eng@2016-01-01.pdf\"}, \"pdf\": {\"md5\": \"3c7759078886e90175fd88f3ad619257\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.pdf\", \"pages\": 39, \"filename\": \"2015-0009_Act 9 of 2015.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 10203, \"paragraph_count\": 43, \"text_char_count\": 65767}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Law 9 of 2015 SCHEDULE 2 FEES SCHEDULE 3 PUBLIC FILM RATING CERTIFICATE DEPARTMENT OF COMMERCE AND INVESTMENT FILM EXHIBITION LAW, 2015 PUBLIC FILM RATING CERTIFICATE SCHEDULE 4 FILM EXHIBITION PARTICULARS FILM EXHIBITION LAW, 2015 SCHEDULE 5 PUBLIC FILM EXHIBITION PREMISES LICENCE DEPARTMENT OF COMMERCE AND INVESTMENT FILM EXHIBITION LAW, 2015 PUBLIC FILM EXHIBITION PREMISES LICENCE SCHEDULE 6 FILM EXHIBITION CONTROL RULES, 2015 Film Exhibition Control Law, 2015 Law 9 of 2015 FILM EXHIBITION CONTROL LAW, 2015 (Law 9 of 2015) A LAW TO REGULATE THE PUBLIC EXHIBITION OF FILMS; TO REPEAL THE CINEMATOGRAPH LAW (2009 REVISION); AND TO MAKE PROVISION FOR INCIDENTAL AND CONNECTED MATTERS ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. This Law may be cited as the Film Exhibition Control Law, 2015 and shall come into force on such date as may be appointed by Order made by the Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law \u2014 \u201cAppeals Tribunal\u201d means the tribunal established under section 36 of the Trade and Business Licensing Law, 2014; \u201capplicant\u201d means any person who has applied for a rating certificate or a premises licence under this Law; \u201cBoard\u201d means the Film Control Board established under section 5; \u201cboard of internationally recognised film censors\u201d means an authority in the United Kingdom, the United States of America, Canada or in any other Film Exhibition Control Law, 2015 Law 9 of 2015 jurisdiction, established and internationally recognised as an authority which censors or rates a film according to its suitability for public exhibition; \u201cChief Fire Officer\u201d means the officer appointed under the Fire Brigade Law (2006 Revision); \u201cchild\u201d means a person under the age of eighteen; \u201cCollector of Customs\u201d means the officer appointed under the Customs Law (2012 Revision); \u201ccourt\u201d means the Grand Court or a court of summary jurisdiction; \u201cDepartment\u201d means the department of Government known as the Department of Commerce and Investment\u201d; \u201cfilm\u201d includes \u2014 (a) a cinematograph exhibition, a slide, a video tape, a video disc and any other form of recording from which a visual image, including a computer generated image, can be produced; (b) a sequence of visual images recorded in such a manner that, by using such recording, the images will be capable of being seen as a moving picture and includes any picture intended for exhibition through any medium or device; (c) motion pictures, still photographs, photographic displays, filmstrips and such other forms of visual presentation as consist primarily of photographs or photographic reproductions; (d) photographic film, or a recording on magnetic tape or on any other material, from which a series of images, with or without associated sounds, may be produced; and (e) an advertisement of the film which consists of moving images; \u201cMinister\u201d means the person responsible for commerce and investment; \u201cpremises\u201d includes \u2014 (a) any land or building; (b) any part of any land or building; (c) any structure of a movable character; (d) any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land; and (e) any place, stall, vehicle or thing from where a business is carried on, irrespective of whether it is fixed or movable or partly fixed and partly movable; \u201cpremises licence\u201d means a public film exhibition premises licence issued by the Department under section 26 in respect of any premises; Film Exhibition Control Law, 2015 Law 9 of 2015 \u201cprivate premises\u201d means premises to which the general public are not permitted access, whether for payment or otherwise; \u201cpublic film exhibition\u201d , in relation to a film, means the display of a film with the aid of any apparatus, equipment, or device on any premises to which members of the general public have access whether for payment of money or otherwise, and the expressions \u201cexhibits\u201d, \u201cpublicly exhibits\u201d, \u201cpublicly exhibited\u201d and \u201cpublic exhibition\u201d shall be construed accordingly; \u201crating\u201d means a classification ascribed to the content in a film pursuant to section 8(2)(a); \u201crating certificate\u201d means a public film rating certificate which ascribes a rating to a film pursuant to section 8(1); and \u201ctrade officer\u201d means a public officer appointed as such under the Trade and Business Licensing Law, 2014.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Objects of the Law 3. The objects of this Law are to \u2014 (a) establish a system of ascribing an appropriate rating to film content; (b) inform the viewing public of the contents in a film; (c) protect children from exposure to disturbing, harmful and adult content exhibited by a film; (d) stipulating the standards to be met for films to be publicly exhibited on premises; and (e) generally to regulate the public exhibition of a film.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Application of the Law 4. This Law does not apply to \u2014 (a) a film exhibited on private premises; or (b) the exhibition of a film where such exhibition is under the direction or control of any department of Government. PART 2 \u2013 FILM CONTROL BOARD AND PUBLIC FILM EXHIBITION RATING CERTIFICATE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Establishment of the Film Control Board 5. (1) There is established for the purposes of this Law a Board to be known as the Film Control Board. (2) The Board has the powers, duties and functions set out in this Law. (3) The provisions of Schedule 1 have effect as to the constitution of the Board. Film Exhibition Control Law, 2015 Law 9 of 2015\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Functions of the Board 6. (1) The functions of the Board include \u2014 (a) the issue of rating certificates in respect of a film to be publicly exhibited in the Islands; (b) regulating the public exhibition of any film to be exhibited in the Islands; (c) advising the Minister on any matter within its knowledge or on which he may seek its advice; (d) advising the Department on the terms and conditions on which a premises licence may be issued; (e) monitoring and facilitating the enforcement of activities to curb the exhibition of unsuitable films; (f) preparing film exhibition policies to transform the film industry; (g) developing and modifying classification guidelines; (h) advising the Minister on matters relating to or affecting the functions of the Board; (i) imposing and administering penalties in accordance with this Law and regulations made under this Law as they relate to the public exhibition of a film in contravention of a rating or prohibition; and (j) doing such other acts and things as are necessary for or incidental to the purposes for which the Board is established and which are necessary or expedient for the full discharge of all or any of the functions conferred on it by this Law. (2) The Cabinet may give such general directions as to the policy to be followed by the Board in the performance of its functions under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Application for a rating certificate 7. (1) A person who wishes to publicly exhibit a film in the Islands shall apply to the Board for a rating certificate. (2) An application for a rating certificate shall be made to the Board at least seven days before the intended date of the public exhibition of a film. (3) The Board may, in its discretion, consider any application notwithstanding non-compliance with the seven day period required under subsection (1). (4) An application for a rating certificate in respect of a film shall \u2014 (a) be in writing and signed by or on behalf of the applicant; and (b) be accompanied by \u2014 (i) the fee specified in Schedule 2; and Film Exhibition Control Law, 2015 Law 9 of 2015 (ii) information specifying the name of the film to be the subject of the application including the film format, film type, copyright year, copyright owner and country of origin. (5) The Board, in considering an application under this section may, if it considers necessary, require the applicant to provide any other information including \u2014 (a) a copy of the film; (b) a written synopsis of the film in English that includes a statement or summary of any incidents, or of the plot depicted or intended to be depicted by the film; (c) a copy of any advertisement that is proposed to be used to advertise the film; and (d) an indication as to the duration for which the film will be exhibited. (6) The Board, on receipt of an application, shall, as soon as reasonably practicable, examine the film or have it examined by persons the Board considers appropriate in order to determine a suitable rating to be ascribed to the film.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Rating of film and film rating certificate 8. (1) After receiving and considering an application made under section 7, the Board shall ascribe to the film a rating in accordance with its administrative policies and guidelines. (2) Where the Board ascribes a rating to a film it shall \u2014 (a) issue a rating certificate to the applicant in the form specified in Schedule 3; (b) provide reasons for the rating ascribed; and (c) if it considers necessary, stipulate any additional terms and conditions attached to the rating. (3) The Board may, prior to the conclusion of the application approval process, issue a rating certificate on a provisional basis. (4) If the Board determines that a film is unsuitable for viewership in the Islands, it may, in its discretion, refund the application fee paid or such portion thereof as it considers fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Factors in ascribing a rating 9. The Board shall have regard to the following factors when ascribing a rating to a film \u2014 (a) the rating or classification ascribed to the film by a board of internationally recognised film censors; Film Exhibition Control Law, 2015 Law 9 of 2015 (b) the standards of morality, decency and propriety generally accepted by the community; (c) whether the content is seditious, obscene, blasphemous or otherwise a breach of any laws of the Islands; (d) the use of discriminatory, offensive, obscene or vulgar language; (e) the exhibition of violent and graphic conduct; (f) the references to illegal drugs or drug misuse; (g) the portrayal of dangerous or antisocial behavior; (h) the scenes of nudity, display of sexual activity, obscene displays and other forms of pornography; (i) content displaying horror, blood and gore; (j) the persons or class of persons to or among whom the film will be exhibited; (k) the literary, artistic or educational merit of the film; (l) the medical, legal or scientific benefit of the film; (m) whether the film is in the public interest; and (n) any other factor which, in the opinion of the Board, may influence the rating of a film.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Unrated film unsuitable for child viewership 10. (1) A film which has not been rated in accordance with section 8 shall be regarded as unsuitable for viewing by a child. (2) A person who is the \u2014 (a) owner or controller of an unrated film; or (b) owner or controller of premises on which the unrated film is intended to be exhibited or is being exhibited, shall not cause or permit; or continue to cause or permit the film \u2014 (i) to be exhibited to a child; and (ii) to be exhibited before 7:00 p.m., notwithstanding paragraph 3(1)(b) of Schedule 6 or at such other times as may be prescribed without the prior approval of the Board. (3) Notwithstanding section 2(b)(ii), the Board may, and having regard to the factors specified in section 9, prohibit a person from exhibiting an unrated film in the Islands. (4) A person who contravenes subsection (2) or acts contrary to a prohibition in subsection (3) is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that the breach continues after the date of its proof. Film Exhibition Control Law, 2015 Law 9 of 2015 (5) A person commits an offence and is liable on summary conviction to a fine of four thousand dollars or to imprisonment for a term of six months or to both if \u2014 (a) he fails to pay the penalty specified in subsection (4); (b) continues to exhibit the film after a failure to pay the penalty specified in subsection (3); or (c) after having paid the penalty continues to exhibit the film in contravention of subsection (1). (6) Where an offence under subsection (5) has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly. (7) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with his functions of management as if he were a director of the body corporate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Exemption when film rated by internationally recognised film censors 11. (1) A person who owns or controls a film which has been ascribed a rating or classification by a board of internationally recognised film censors \u2014 (a) is not required to apply for a rating certificate prior to the public exhibition of the film; and (b) is not precluded from exhibiting the film to a child if the rating ascribed permits such exhibition. (2) Notwithstanding subsection (1) and subject to the assessment of the particulars under section 12(1), the Board may ascribe a contrary rating to a film in accordance with its rating policies and guidelines if it determines that the content of the film requires a rating different from the rating ascribed by the board of internationally recognised film censors. (3) A rating ascribed under subsection (1) or (2) shall be complied with by the person \u2014 (a) who owns or controls the film; and (b) who owns or controls the premises on which the film is to be publicly exhibited. (4) A person who contravenes subsection (3) is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one Film Exhibition Control Law, 2015 Law 9 of 2015 hundred dollars for each day that such breach continues after the date of its proof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Submission of list of films to be exhibited 12. (1) A person who intends to publicly exhibit any film shall, at least twenty-four hours before its exhibition, provide the Board with all the particulars identified in Schedule 4. (2) Where there is a change in any of the particulars provided under subsection (1), the Board shall be notified in writing immediately by the owner or controller of the film of the nature of the change. (3) A person who contravenes subsection (3) is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that such breach continues after the date of its proof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Validity of certificate 13. A rating certificate issued by the Board under section 8(2)(a) shall be valid \u2014 (a) for all formats of the film; and (b) for the duration of the film exhibition, unless otherwise suspended or revoked.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Display of rating 14. (1) A person who is issued a rating certificate or any distributor or exhibitor or any other person to whom the rights in the film have passed, shall ensure that for the duration of its public exhibition, the details of the rating ascribed to the film are visibly displayed with the film and any advertisement associated with the film. (2) A film which is unrated pursuant to section 10(1) shall only be exhibited if, for the duration of its public exhibition, details indicating that the film is unsuitable for viewing by a child are visibly displayed with the film and any advertisement associated with the film.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Change in rating 15. A new application for a rating certificate shall be made in order to change the rating ascribed to a film and on receipt of such an application, the Board shall process and decide the application in accordance with section 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Appeals against Board decisions 16. (1) A person dissatisfied with a decision of the Board may, within twenty-one days of the communication of the decision to him, by notice in writing, appeal to the Appeals Tribunal. Film Exhibition Control Law, 2015 Law 9 of 2015 (2) In making an appeal under subsection (1), the appellant shall \u2014 (a) provide the original application; (b) provide the decision against which the appeal is made; (c) indicate the grounds of the appeal; and (d) indicate whether he wishes to be heard personally or through a representative. (3) The Appeals Tribunal may confirm or vary the decision of the Board or make such other decision on the appeal as seem to it to be expedient. (4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision. (5) For the purposes of subsection (1), the decision shall, if notice of it is sent to a person by post, be taken to have been communicated to him at the time at which it would have been received in the ordinary course of post.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Refund of customs duties 17. Where the Collector of Customs is satisfied that \u2014 (a) a film has been imported and that the customs duties payable have been paid; (b) such film has not been exhibited due to a prohibition of the Board; and (c) the film has since been exported, he shall, upon the request by the importer, refund to the importer of the film the full amount of the customs duties.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Suspension or revocation of certificate and penalty 18. (1) The Board may suspend a rating certificate or recognition of a rating given by a board of internationally recognised film censors for such period as it thinks fit, or it may revoke such certificate or recognition if it is satisfied that \u2014 (a) the film or any part thereof in respect of which the rating certificate was issued or recognition given is being exhibited in a form other than the one approved; (b) the film or any part thereof is being exhibited in contravention of the provisions of this Law; (c) the holder of the rating certificate or the person who owns or controls the film to which recognition was given has failed to pay the penalty imposed under section 19(1); (d) the certificate or rating given by a board of internationally recognised film censors has been obtained by fraud or misrepresentation as to an essential fact; or Film Exhibition Control Law, 2015 Law 9 of 2015 (e) the owner or controller of the film has otherwise acted in contravention of this Law. (2) A film shall not be made available for public exhibition \u2014 (a) during the period in which a rating certificate or recognition of a rating given by a board of internationally recognised film censors remains suspended; or (b) after the revocation of a rating certificate or recognition of a rating given by a board of internationally recognised film censors. (3) The Board shall not take any action under this section without giving the owner or controller of the film an opportunity of being heard. (4) A person who continues to publicly exhibit a film notwithstanding \u2014 (a) the suspension or revocation of a rating certificate or recognition of a rating given by a board of internationally recognised film censors; or (b) being notified in writing by the Board that he is acting in contravention of the provisions of this Law, is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that such breach continues after the date of its proof. (5) A person who wishes to contest a penalty imposed pursuant to subsection (1) may, within twenty-one days of its imposition, appeal to the Appeals Tribunal. (6) The Appeals Tribunal may confirm or vary the decision of the Board or make such other decision on the appeal as seem to it to be expedient. (7) A person aggrieved by a decision of the Appeals Tribunal under subsection (6) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Penalties in relation to rating certificate 19. (1) A person who \u2014 (a) wilfully makes a false or inaccurate representation to the Board; (b) publicly exhibits or attempts to publicly exhibit a film contrary to a prohibition specified under section 10(3); (c) publicly exhibits or attempts to publicly exhibit a film in contravention of a rating, condition or restriction contained in the rating certificate; (d) fails to visibly exhibit with the film and any advertisement associated with the film, the ascribed rating for the duration of its exhibition; or (e) publicly exhibits a film in contravention of a decision by the Board, Film Exhibition Control Law, 2015 Law 9 of 2015 is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that such breach continues after the date of its proof. (2) A person who wishes to contest a penalty imposed pursuant to subsection (1) may, within twenty-one days of its imposition, appeal to the Appeals Tribunal. (3) The Appeals Tribunal may confirm or vary the decision of the Board or make such other decision on the appeal as seem to it to be expedient. (4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Penalties attached to body corporate certificate holders 20. (1) Where an act under section 19 has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate is liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with his functions of management as if he were a director of the body corporate. PART 3 \u2013 PUBLIC FILM EXHIBITION PREMISES LICENCE\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Department as licensing authority 21. For the purposes of this Law, the Department shall be the authority having the power to issue, in the form specified in Schedule 5, a premises licence to any person who wishes to publicly exhibit a film on premises identified by him.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Functions of the Department 22. (1) The functions of the Department include \u2014 (a) considering all applications made for a premises licence; (b) issuing, suspending and revoking a premises licence; (c) enforcing regulations to protect children from exposure to harmful film content; (d) ensuring compliance with health and safety regulations on premises licensed to conduct public film exhibitions; Film Exhibition Control Law, 2015 Law 9 of 2015 (e) giving notice of the prescribed days on and times at which public film exhibitions may be conducted; and (f) imposing and administering penalties in accordance with this Law and regulations made under this Law as they relate to the issue of a premises licence. (2) The Cabinet may, after consultation with the Department, give such general directions as to the policy to be followed by the Department in the performance of its functions under this Law and the Department shall follow such directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Application for premises licence to exhibit a film 23. (1) A person who wishes to publicly exhibit a film on premises identified for that purpose shall apply to the Department for a premises licence. (2) An application for a premises licence or a renewal thereof shall be made in writing, signed by or on behalf of the applicant and accompanied by \u2014 (a) the fee specified in Schedule 2, apportioned to the number of unexpired months in a year, part of a month being calculated as one month; (b) evidence showing that the existence of the premises is in compliance with the relevant planning, building, safety, fire and health laws or codes; (c) the relevant trade and business licence required, under the Trade and Business Licensing Law, 2014; and (d) the relevant licence to carry on a business in the Island required under Local Companies (Control) Law (2007 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Exempted public film exhibitions 24. The Department may exempt a person from paying the fee for a premises licence where it is determined that \u2014 (a) the film falls into any of the following categories \u2014 (i) films which are not promoted for private gain; (ii) films for which the sole or main purpose of the exhibition is to demonstrate any product, to advertise any goods or services or to provide information, education or instruction; (iii) films organised solely or mainly as an exhibition for children who are members of a club, society or association; (iv) films of a promotional or technical nature and for use in the course of a business, trade or profession; (v) films whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopedia or a guide; Film Exhibition Control Law, 2015 Law 9 of 2015 (vi) films wholly comprising news reports or information about, or analysis of, current issues or events of public interest or importance; (vii) films wholly comprising a documentary record of a hobby, activity, sporting event; family event or activity; live artistic performance; musical presentation; a religious activity; or a community or cultural activity; or (viii) any other film, which in the opinion of the Department, should be an exempt film; (b) the premises on which it is proposed to conduct a public film exhibition are premises used or to be used occasionally and not on more than six days in any year for the purposes of an exhibition; (c) the premises on which a film is to be publicly exhibited are of a movable character; or (d) admission to view films on the premises will be free of charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Proceedings of the Department 25. The Department may adopt such processes as it considers appropriate in order to facilitate the execution of its functions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Issue of premises licence 26. (1) On being satisfied that an application made pursuant to section 23 has met all requirements, the Department shall, within seven days of that application, issue a premises licence. (2) A premises licence issued under this section shall include, as one of its terms, the compliance with the rules specified in Schedule 6. (3) The Department may attach other conditions or restrictions to a premises licence it considers fit. (4) A person to whom a premises licence has been issued shall not \u2014 (a) exhibit a film on premises other than those identified in the licence; and (b) permit a child to enter the premises to view a film contrary to a rating ascribed to the film or the prohibition specified in section 10. (5) If the Department refuses to issue a premises licence, it may, in its discretion, refund the fee paid or such portion thereof as it may considers fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Duration and renewal of premises licence 27. (1) A premises licence shall be valid for a period of one year and may be renewed. (2) An application for the renewal of a premises licence shall be made at least twenty-one days before the date of its expiry and be accompanied by the relevant fee as provided in the Schedule 2. Film Exhibition Control Law, 2015 Law 9 of 2015\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Suspension or revocation of premises licence and offence 28. (1) The Department may suspend a premises licence for such period as it thinks fit, or it may revoke the premises licence if it is determined that \u2014 (a) a film in respect of which a rating certificate was issued or recognition accorded to the rating given by a board of internationally recognised film censors is being exhibited in a form other than the one in which it was certified or recognised; (b) the premises in respect of which the licence was issued is being used contrary to the licensing terms; (c) the film is being exhibited contrary to the prohibition specified in section 10(1); (d) there is noncompliance with the rules specified in Schedule 6; (e) the holder of the premises licence has failed to pay the penalty imposed under section 31(1); (f) the premises licence has been obtained by fraud or misrepresentation as to an essential fact; or (g) the film or any part thereof is otherwise being exhibited in contravention of the provisions of this Law. (2) In the event of the revocation of a licence issued under the Local Companies (Control) Law (2007 Revision) or the Trade and Business Licensing Law, 2014 the Department shall revoke a premises licence. (3) Premises shall not be made available for the conduct of any public film exhibition \u2014 (a) during the period in which a premises licence remains suspended; or (b) after the revocation of a premises licence. (4) The Department shall not take any action under this section without giving the owner or controller of the premises an opportunity of being heard. (5) A person who continues to publicly exhibit a film on premises notwithstanding \u2014 (a) the suspension or revocation of a premises licence; or (b) being notified in writing by the Department that he is acting in contravention of the provisions of this Law, commits an offence and is liable on summary conviction to a fine of four thousand dollars or to imprisonment for a term of six months or to both; and in the case of a continuing breach, a person may be ordered by the court to pay a further sum of one hundred dollars for each day that such breach continues after the date of its proof. Film Exhibition Control Law, 2015 Law 9 of 2015 (6) Where an offence under subsection (5) has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly. (7) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with his functions of management as if he were a director of the body corporate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"General directions of Department 29. (1) The Department may issue directions to the holder of a premises licence for the purpose of regulating the public exhibition of any film or type of films on the premises. (2) The Department, in issuing a premises licence with respect to any premises, may impose conditions or restrictions relating to the admission of children to film exhibitions involving the showing of works designated by the Board as unsuitable for children.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Appeals against Department decisions 30. (1) A person aggrieved by the decision of the Department with respect to the issue, revocation or suspension of a premises licence may, within twenty-one days of the decision, appeal to the Appeals Tribunal. (2) A person aggrieved by a decision of the Appeals Tribunal under subsection (5) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision. (3) An appeal under subsection (1) shall be by notice in writing setting out \u2014 (a) the original application; (b) the decision against which the appeal is made; and (c) the grounds of the appeal. (4) On receipt of the notice of appeal, the Appeals Tribunal shall decide if there is just cause for the appellant or his representative to be heard and if it is so decided, notify the appellant or his representative and the Department of the date and time of the hearing. (5) The decision of the Appeals Tribunal shall be communicated to the appellant as soon as is reasonably practicable. Film Exhibition Control Law, 2015 Law 9 of 2015\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Penalties in relation to premises licence 31. (1) A person who \u2014 (a) publicly exhibits or attempts to publicly exhibit a film on premises without a premises licence; (b) has been issued a premises licence and exhibits a film in contravention of a condition or restriction contained in such licence; or (c) being the owner or controller of premises knowingly permits another person to attend a public exhibition of any film on those premises in a manner contrary to the terms and conditions in a public films rating certificate, is liable to a penalty of two thousand dollars or such other amount as may be prescribed and a further penalty of one hundred dollars for each day that the breach continues after the date of its proof. (2) A person who wishes to contest a penalty imposed pursuant to subsection (1) may, within twenty-one days of its imposition, appeal to the Appeals Tribunal. (3) The Appeals Tribunal may confirm or vary the decision of the Board or make such other decision on the appeal as seem to it to be expedient. (4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3) may, within twenty-one days of the date on which notice of the written reasons for the decision was received, appeal to the court against the decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Penalties attached to body corporate licence holders 32. (1) Where an act under section 31 has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate is liable to be penalised accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of the member in connection with his functions of management as if he were a director of the body corporate. PART 4 \u2013 ENFORCING THE CONDUCT OF PUBLIC FILM EXHIBITIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Enforcement by trade officers 33. (1) The Board and the Department shall be assisted by such trade officers as are necessary for the purposes of enforcing this Law. Film Exhibition Control Law, 2015 Law 9 of 2015 (2) Subject to subsection (3), trade officers shall have all the rights, powers, privileges and immunities of a constable when discharging their duties under this Law. (3) A trade officer shall have the authority and power to carry out such instructions as may be given by the Board and the Department in relation to this Law and may enforce, on behalf of the Board or Department, any powers granted by this Law or any of its regulations.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Power of search and seizure 34. (1) If a trade officer suspects, on reasonable grounds, that a person has committed or is committing an act in contravention of this Law or its regulations, the trade officer may \u2014 (a) require to be produced and examined and take copies of any rating certificate, premises licence or other document required under this Law; (b) with a warrant, use such force as may be necessary to enter and search any premises that the trade officer reasonably suspects may contain evidence of the commission of an act in contravention of this Law or any of its regulations; and (c) without a warrant and acting on reasonable suspicion, use such force as may be necessary to enter the premises of a film exhibitor and request the production of a rating certificate or premises licence. (2) If the trade officer is satisfied, after exercising any of the powers of search and seizure under this section, that there is reasonable evidence of the commission of an act in contravention of this Law, he may seize any film, equipment or any other item that may be used as evidence of the commission of a breach of this Law. (3) Where a warrant to search any premises is required, the trade officer shall apply to the court or to a justice of the peace and the provisions of the Criminal Procedure Code (2013 Revision) which relate to search warrants shall apply. (4) The power of search conferred is only a power to search to the extent that it is reasonably required for the purpose for which the power of entry is exercised. (5) Where access to premises is denied, a trade officer may break and enter those premises to gain access for the purpose of an arrest. (6) Any person who assaults, obstructs, intimidates, refuses to give his name and address or gives a false name and address to, or gives any other false information to a trade officer in the performance of his duties commits an offence and is liable on summary conviction to a fine of two thousand dollars, to imprisonment for six months, or to both. Film Exhibition Control Law, 2015 Law 9 of 2015 (7) A trade officer may, at any time during business hours, without a warrant, carry out inspections of premises, rating certificates and premises licences to ensure that all activities are being conducted in compliance with this Law. (8) Information acquired by a trade officer in the course of his duties may be supplied to any other law enforcement officer in furtherance of any investigation under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Prosecution requires consent of Director of Public Prosecutions 35. No prosecution under this Law shall be instituted for an offence except under the authority of the Director of Public Prosecutions. PART 5 \u2013 MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Exemptions from application procedures 36. The Minister may determine that a person who wishes to publicly exhibit a film shall, subject to any specified terms and conditions, be exempted from the provisions of this Law relating to the application procedures for a rating certificate and premises licence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Fees, penalties and fines part of general revenue 37. All fees, penalties and fines paid under this Law shall form part of the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Regulations 38. The Cabinet may make regulations in relation to \u2014 (a) the functions of the Board and the Department; (b) the ratings and factors affecting the ratings of a film; (c) the welfare and health of children in relation to their attendance at a public film exhibition; (d) the general safety, health and security of persons attending a public film exhibition; (e) the standards to be met for a premises to be recognised as fit to facilitate public film exhibitions; (f) the fees to be paid for certificates and licences required under this Law; (g) the hours during which and days on which a public exhibition may be conducted; (h) the form and duration of certificates and licences issued under this law and the conditions or restrictions attached to the issuance of a rating certificate or premises licence; Film Exhibition Control Law, 2015 Law 9 of 2015 (i) all matters that are necessary to be prescribed for giving effect to the penalty system under the Law and the quantum of penalties for acting in contravention of this Law; and (j) any matter generally for the better carrying out of the objects and purposes of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Burden of proof 39. A question of fact arising in any proceedings under this Law, other than in criminal proceedings, shall lie with the defendant and be decided on a balance of probabilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Amendment of Schedules 40. The Cabinet may, by Order, amend Schedules 1, 2, 3, 4, 5 and 6.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Repeal of Cinematograph Law (2009 Revision) 41. The Cinematograph Law (2009 Revision) is repealed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Savings and transitional provisions 42. (1) All proceedings pending at the date of the commencement of this Law in respect of offences committed or alleged to have been committed against the Cinematograph Law (2009 Revision) shall be continued and dealt with as if this Law had not come into force. (2) Where anything done under or for the purposes of the Cinematograph Law (2009 Revision) would cease to have effect by virtue of the repeal of that Law it shall have effect as if it had been done under and for the purposes of this Law. (3) Where prior to the commencement of this Law applications were made for the grant of permission or issue of licences under the Cinematograph Law (2009 Revision) and such applications have not been wholly or partly dealt with at the date of commencement of this Law, such applications shall be taken to be applications made under this Law and the Board and Department shall deal with all such applications in accordance with this Law. Film Exhibition Control Law, 2015 SCHEDULE 1 Law 9 of 2015 SCHEDULE 1 (Section 5(3)) THE FILM CONTROL BOARD Constitution of the Board 1. The Board shall be comprised of three members appointed by the Cabinet including a person who has professional experience or qualifications in film production, censorship systems, cinematography, drama, law, literature, social sciences, media, education or performing arts. Tenure of Office 2. (1) The members shall be appointed by instrument in writing and shall hold office for a term of not more than three years. (2) An appointed member shall be eligible for re-appointment. (3) The office of an appointed member shall be a public office. Chairman 3. There shall be a Chairman of the Board who shall be appointed by the Cabinet from among the members of the Board. Acting appointments 4. If any member is absent or unable to act, the Cabinet may appoint any person to act in the place of that member and in the case of the appointed members such appointment shall be made in the same manner and from among any of the categories of persons as would be required in the case of the substantive appointment. Resignation 5. An appointed member may at any time resign his office by instrument in writing addressed to the Cabinet and transmitted through the Chairman and from the date of receipt by the Cabinet of such instrument, that person shall cease to be a member. Revocation of appointment 6. The Cabinet may at any time revoke the membership of an appointed member. SCHEDULE 1 Film Exhibition Control Law, 2015 Law 9 of 2015 Filling of vacancies 7. If a vacancy occurs in the membership of the appointed members such vacancy shall be filled by the appointment of another appointed member and such appointment shall be made in the same manner and from any of the categories of persons as would be required in the case of the original appointment. Gazetting of membership 8. The names of all members of the Board as first constituted and every change therein shall be published in the Gazette. Remuneration 9. (1) The appointed members of the Board shall be paid such allowances as the Cabinet may determine. (2) The payment of such allowances shall be paid out of the revenue of the Islands. Secretariat 10. (1) The Department shall serve as the Secretariat to the Board and deal with all matters necessary to facilitate the Board in the execution of its functions. (2) The office of the Board shall be the Secretariat. Seal and execution of documents 11. (1) The seal of the Board shall be authenticated by the chairman and one other member of the Board authorised to act in that behalf. (2) The Board may, by resolution, appoint an officer of the Board either generally or in a particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board. Proceedings and meetings 12. (1) The Board shall meet at such times or frequency as the Chairman may determine for the carrying out of its functions. (2) A quorum of the Board shall be two. (3) The decision of the Board shall be by a majority of votes and, in addition to an original vote, the Chairman shall have a casting vote in any case in which the voting is equal. Film Exhibition Control Law, 2015 SCHEDULE 1 Law 9 of 2015 (4) Minutes in proper form of each meeting shall be kept by the Board and shall be confirmed by the Chairman as soon as practicable at a subsequent meeting. (5) Minutes of a meeting shall include any electronic record or transcript of votes or decisions made during a meeting that takes place by means of conference telephone, computer or similar equipment. (6) Members of the Board may participate in a meeting of the Board by means of a conference telephone, computer or similar equipment providing real time communication and allowing the participants in the meeting to communicate with each another at the same time, and participation by such means shall constitute presence in person at the meeting of the Board. (7) The validity of the proceedings of the Board shall not be affected by any vacancy amongst the members thereof or by any defect in the appointment of any member thereof. (8) Any written notice or other document required to be served upon the Board may be served by leaving the notice or document at the Secretariat or by sending it to the Secretariat through the post in a prepaid letter addressed to the Board. Immunity 13. Neither the Board, nor any member or officer of the Board, shall be liable in damages for anything done or omitted in the discharge or purported discharge of their respective functions under this Law unless it is shown that the act or omission was in bad faith. Indemnity 14. The Board shall indemnify a member against all claims, damages, costs, charges or expenses incurred by that member in the discharge or purported discharge of his functions under this Law, except claims, damages, costs, charges or expenses caused by the bad faith of that member. Disclosure of member\u2019s interests 15. (1) If a member has any pecuniary interest, direct or indirect, in any matter to be considered by the Board and is present at a meeting of the Board at which the matter is to be considered, he shall at or before the meeting or before the matter is considered, disclose the fact and shall leave the meeting for the duration of and not take part in the consideration or discussion of or vote on the matter. (2) If a member fails to comply with subparagraph (1) he commits an offence and is liable - SCHEDULE 1 Film Exhibition Control Law, 2015 Law 9 of 2015 (a) on summary conviction to a fine of one thousand dollars or to imprisonment for a term of three months, or to both; or (b) on conviction on indictment to a fine of three thousand dollars or to imprisonment for a term of six months, or to both, unless he proves that he did not know that the matter in which he had a pecuniary interest was the subject of consideration at that meeting. (3) A disclosure under subparagraph (1) shall be recorded in the minutes of the Board\u2019s meetings. (4) This paragraph does not apply to an interest in a matter which a member has as a member of the public or to an interest in any matter in which the right to participate in any service is offered to the public. Member\u2019s pecuniary interests 16. (1) For the purposes of paragraph 15, a member shall be treated as having an indirect pecuniary interest in a matter if - (a) he or any nominee of his is a member of a company or other body which has a direct or indirect pecuniary interest in the matter under consideration; (b) he is a partner, or in the employment of a person with whom the contract was made or is proposed to be made, or who has a direct or indirect pecuniary interest in the matter under consideration; or (c) he or any partner of his is a professional adviser to a person who has a direct or indirect pecuniary interest in a matter under consideration. (2) Subparagraph (1) does not apply to membership of, or employment by, any public body. (3) In the case of married persons, the interest of one spouse shall be deemed for the purpose of paragraph 15 to be also the interest of the other. (4) The Cabinet may, subject to such conditions as it may think fit, appoint persons to act as members for any specified period, in any case in which the number of members disabled by paragraph 15 at any one time would be so great a proportion of the whole as to impede the transaction of business by the Board. Procedure 17. Subject to this Law and the rights, freedoms and responsibilities provided under Part 1 of the Cayman Islands Constitution Order, 2009, the Board has the power in all respects to regulate its own procedure, including the manner in which matters subject to the determination of the Board are to be dealt with by the Board. Film Exhibition Control Law, 2015 SCHEDULE 2 Law 9 of 2015 SCHEDULE 2 (Sections7 (4)(b) (i), 23(2)(a) and  27(2)) FEES 1. Public Film Rating Certificate Fee: $25 2. Public Film Exhibition Premises Licence Annual Fee: For each screen on premises used for public film exhibitions \u2013 (a) if the charge for admission of a person does not exceed $1.50 $100 (b) if the charge for admission of a person does not exceed $2.00 $250 (c) if the charge for admission of a person does not exceed $2.50 $750 (d) if the charge for admission of person exceeds $2.50 $1500 SCHEDULE 3 Film Exhibition Control Law, 2015 Law 9 of 2015 SCHEDULE 3 (Section 8 (2)(a)) PUBLIC FILM RATING CERTIFICATE DEPARTMENT OF COMMERCE AND INVESTMENT FILM EXHIBITION LAW, 2015 SECTION 8(2)(a) Public Film Rating Certificate Ref No. Certificate No. Name: Address: Email: Phone#: Fax#: Title of Film: Type of Film: Country of of oof Origin: Format of Film: Duration of Film: Film Exhibition Control Law, 2015 SCHEDULE 3 Law 9 of 2015 Copyright Year: Copyright Owner: It is hereby certified that the film entitled: ___________________________________________________________________ has been ascribed a rating of: ____________________________________________ Reason(s) for rating: __________________________________________________ ___________________________________________________________________ ________________________________________________________________________ ___________________________________________________________________ Terms and conditions: (a)___________________________________________________________ (b)___________________________________________________________ (c)___________________________________________________________ Date of issue:   The __________day of__________________________20_____ Signed: Chairman of the Board SCHEDULE 4 Film Exhibition Control Law, 2015 Law 9 of 2015 SCHEDULE 4 (Section 12(1)) FILM EXHIBITION PARTICULARS FILM EXHIBITION LAW, 2015 SECTION 12(1) Name of Film Owner or Controller: Address: E-mail: Telephone#: Fax#: Title of Film(s): Type of Film(s): Country of Origin: Copyright Year: Copyright Owner: Is Film Unrated: Rating Ascribed by the Film Exhibition Control Board: Rating Ascribed by a Board of Internationally Recognised Film Censors: Proposed location(s) of Film Exhibition: Proposed date(s) of Film Exhibition: Proposed time(s) of Film Exhibition: Film Exhibition Control Law, 2015 SCHEDULE 5 Law 9 of 2015 SCHEDULE 5 (Section 21) PUBLIC FILM EXHIBITION PREMISES LICENCE DEPARTMENT OF COMMERCE AND INVESTMENT FILM EXHIBITION LAW, 2015 Public Film Exhibition Premises Licence Ref No. Licence No. New Licence: \u2610 Renewal of Licence: \u2610 Name: ___________________________________________________________ Address of Applicant: _______________________________________________ Address of Premises: ________________________________________________ Email: ___________________________   Phone: _________________________ Fax: ___________________ It is hereby certified that the premises located at___________________________ Block#____________ Parcel #___________are licensed to facilitate the conduct of public film exhibitions in the Islands on: Weekdays:  \u2610 Sundays:     \u2610 with effect from_______________________until_______________________________ . Terms and conditions: The Licensee herein shall act in accordance with the Film Exhibition Control Rules, 2015, provided in Schedule 6. (b) _____________________________________________________________________ (c) _____________________________________________________________________ Date of issue:   The_______day of________________________________20     . SCHEDULE 5 Film Exhibition Control Law, 2015 Law 9 of 2015 Signed: On behalf of the Department of Commerce and Investment Film Exhibition Control Law, 2015 SCHEDULE 6 Law 9 of 2015 SCHEDULE 6 (Sections 10(2)(ii), 26(2) and 28(1)(d)) FILM EXHIBITION CONTROL RULES, 2015 Citation 1. These Rules may be cited as the Film Exhibition Control Rules, 2015. Definition 2. In these Rules- \u201cweekdays\u201d mean every day except Sunday. Film exhibition days 3. (1) Public film exhibitions shall only be conducted on - (a) weekdays; and (b) Sundays, between the hours of 2:00 p.m. and midnight. (2) A person who wishes to conduct the public exhibition of a film outside of the hours specified in subparagraph (1)(b) shall submit a written request to the Department and the Department may, after considering the request, grant permission for the conduct of the public exhibition of the film. Display of licence 4. A premises licence shall be framed and displayed on the premises used for such purposes. Display of rated films 5. Only films which - (a) have been rated or recognised by the Board; or (b)  are categorised as unrated, may be displayed on premises licensed to conduct public film exhibitions. Posters and advertisements 6. A person to whom a premises licence has been issued shall, on the premises to be used to for a public film exhibition - (a) attach, or cause to be inserted, in or attached to any poster displayed outside such premises advertising the public exhibition of such film, the rating of the film and an explanation signifying the rating so that such information is clearly legible to a person ordinarily reading the wording of such poster; (b)  insert, or cause to be inserted, in any advertisement in any newspaper or other publication relating to the exhibition of such film, the rating of the SCHEDULE 6 Film Exhibition Control Law, 2015 Law 9 of 2015 film and an explanation signifying the rating so that such information is clearly legible to any person ordinarily reading the wording of such advertisement; and (c) display, or cause to be displayed, throughout any period when seats are able to be reserved, or tickets sold, in respect of the public exhibition of such film, a notice set out in such place as to be clearly visible and legible to any person making a booking or purchasing a ticket with respect to the film; and (d) shall take all reasonable steps to ensure that no person other than a permitted person shall be admitted to view such film and, in particular, shall give instructions in that behalf to any person engaged in the reservation of seats or the sale of tickets in respect of the exhibition of any such film. Sanitary facilities 7. A person conducting a public film exhibition shall provide suitable sanitary facilities for persons attending the exhibition and such other facilities as may be required by the relevant public health laws. Balconies 8. Where the premises on which a film is to be publicly exhibited contains a balcony - (a) adequate stairs leading up to such balcony shall be provided; (b) adequate hand rails shall be affixed to the stairs; and (c) the stairs shall be sufficiently wide to permit persons ascending and descending to pass without difficulty. Aisles and exits 9. (1) If the premises contain an auditorium, an aisle on each side shall be provided. (2) If the premises contain a balcony a central aisle shall be provided on the balcony and an aisle on each side. (3) The width of an aisle shall not be less than four feet. (4) Not less than two exits shall be provided for an auditorium and not less than one for a balcony. (5) The exits provided in an auditorium shall be located at that screen end and the projection end of the auditorium. Safety and health laws or codes 10. Documentary evidence shall be provided to reflect that the condition of the premises is in compliance with the relevant planning, building, safety, fire and health laws or codes. Film Exhibition Control Law, 2015 SCHEDULE 6 Law 9 of 2015 Passed by the Legislative Assembly the 19th day of June, 2015. Juliana O\u2019Connor-Connolly Speaker. Zena Merren-Chin Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2016_01_01\", \"date\": \"2016-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2016_01_01\", 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Sections\nSection\nPage\nPART 1 - PRELIMINARY\n1.\nShort title and commencement ..................................................................................................7\n2.\nInterpretation .............................................................................................................................7\n3.\nObjects of the Law .....................................................................................................................9\n4.\nApplication of the Law ................................................................................................................9\nPART 2 \u2013 FILM CONTROL BOARD AND PUBLIC FILM\nEXHIBITION RATING CERTIFICATE\n5.\nEstablishment of the Film Control Board ....................................................................................9\n6.\nFunctions of the Board ............................................................................................................. 10\n7.\nApplication for a rating certificate ............................................................................................. 10\n8.\nRating of film and film rating certificate..................................................................................... 11\n9.\nFactors in ascribing a rating ..................................................................................................... 11\n10.\nUnrated film unsuitable for child viewership ............................................................................. 12\n11.\nExemption when film rated by internationally recognised film censors ..................................... 13\n12.\nSubmission of list of films to be exhibited ................................................................................. 14\n13.\nValidity of certificate ................................................................................................................. 14\n14.\nDisplay of rating ....................................................................................................................... 14\n15.\nChange in rating ...................................................................................................................... 14\n16.\nAppeals against Board decisions ............................................................................................. 14\n17.\nRefund of customs duties ........................................................................................................ 15\n18.\nSuspension or revocation of certificate and penalty ................................................................. 15\n19.\nPenalties in relation to rating certificate .................................................................................... 16\n\nArrangement of Sections\nFilm Exhibition Control Law, 2015\n\nPage 4\nLaw 9 of 2015\nc\n\n20.\nPenalties attached to body corporate certificate holders .......................................................... 17\nPART 3 \u2013 PUBLIC FILM EXHIBITION PREMISES LICENCE\n21.\nDepartment as licensing authority ............................................................................................ 17\n22.\nFunctions of the Department .................................................................................................... 17\n23.\nApplication for premises licence to exhibit a film ...................................................................... 18\n24.\nExempted public film exhibitions .............................................................................................. 18\n25.\nProceedings of the Department ............................................................................................... 19\n26.\nIssue of premises licence......................................................................................................... 19\n27.\nDuration and renewal of premises licence ................................................................................ 19\n28.\nSuspension or revocation of premises licence and offence ...................................................... 20\n29.\nGeneral directions of Department ............................................................................................ 21\n30.\nAppeals against Department decisions .................................................................................... 21\n31.\nPenalties in relation to premises licence .................................................................................. 22\n32.\nPenalties attached to body corporate licence holders .............................................................. 22\nPART 4 \u2013 ENFORCING THE CONDUCT OF PUBLIC FILM\nEXHIBITIONS\n33.\nEnforcement by trade officers .................................................................................................. 22\n34.\nPower of search and seizure ................................................................................................... 23\n35.\nProsecution requires consent of Director of Public Prosecutions .............................................. 24\nPART 5 \u2013 MISCELLANEOUS\n36.\nExemptions from application procedures ................................................................................. 24\n37.\nFees, penalties and fines part of general revenue .................................................................... 24\n38.\nRegulations ............................................................................................................................. 24\n39.\nBurden of proof ........................................................................................................................ 25\n40.\nAmendment of Schedules ........................................................................................................ 25\n41.\nRepeal of Cinematograph Law (2009 Revision) ....................................................................... 25\n42.\nSavings and transitional provisions .......................................................................................... 25\nSCHEDULE 1\n27\nTHE FILM CONTROL BOARD\n27\nConstitution of the Board ................................................................................................................... 27\nTenure of Office ................................................................................................................................ 27\nChairman .......................................................................................................................................... 27\nActing appointments .......................................................................................................................... 27\nResignation ....................................................................................................................................... 27\nRevocation of appointment ................................................................................................................ 27\nFilling of vacancies ............................................................................................................................ 28\nGazetting of membership .................................................................................................................. 28\nRemuneration ................................................................................................................................... 28\nSecretariat ........................................................................................................................................ 28\nSeal and execution of documents...................................................................................................... 28\nProceedings and meetings ................................................................................................................ 28\nImmunity ........................................................................................................................................... 29\n\nFilm Exhibition Control Law, 2015\nArrangement of Sections\n\nc\nLaw 9 of 2015\nPage 5\n\nIndemnity .......................................................................................................................................... 29\nDisclosure of member\u2019s interests ....................................................................................................... 29\nMember\u2019s pecuniary interests ............................................................................................................ 30\nProcedure ......................................................................................................................................... 30\nSCHEDULE 2\n31\nFEES\n31\nSCHEDULE 3\n32\nPUBLIC FILM RATING CERTIFICATE\n32\nDEPARTMENT OF COMMERCE AND INVESTMENT\n32\nFILM EXHIBITION LAW, 2015\n32\nPUBLIC FILM RATING CERTIFICATE\n32\nSCHEDULE 4\n34\nFILM EXHIBITION PARTICULARS\n34\nFILM EXHIBITION LAW, 2015\n34\nSCHEDULE 5\n35\nPUBLIC FILM EXHIBITION PREMISES LICENCE\n35\nDEPARTMENT OF COMMERCE AND INVESTMENT\n35\nFILM EXHIBITION LAW, 2015\n35\nPUBLIC FILM EXHIBITION PREMISES LICENCE\n35\nSCHEDULE 6\n37\nFILM EXHIBITION CONTROL RULES, 2015\n37\n\nFilm Exhibition Control Law, 2015\nSection 1\n\nc\nLaw 9 of 2015\nPage 7\n\nCAYMAN ISLANDS\n\nFILM EXHIBITION CONTROL LAW, 2015\n(Law 9 of 2015)\nA LAW TO REGULATE THE PUBLIC EXHIBITION OF FILMS; TO REPEAL THE\nCINEMATOGRAPH LAW (2009 REVISION); AND TO MAKE PROVISION FOR\nINCIDENTAL AND CONNECTED MATTERS\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\nThis Law may be cited as the Film Exhibition Control Law, 2015 and shall come\ninto force on such date as may be appointed by Order made by the Cabinet.\n2.\nInterpretation\n2.\nIn this Law \u2014\n\u201cAppeals Tribunal\u201d means the tribunal established under section 36 of the\nTrade and Business Licensing Law, 2014;\n\u201capplicant\u201d means any person who has applied for a rating certificate or a\npremises licence under this Law;\n\u201cBoard\u201d means the Film Control Board established under section 5;\n\u201cboard of internationally recognised film censors\u201d means an authority in the\nUnited Kingdom, the United States of America, Canada or in any other\n\nSection 2\nFilm Exhibition Control Law, 2015\n\nPage 8\nLaw 9 of 2015\nc\n\njurisdiction, established and internationally recognised as an authority which\ncensors or rates a film according to its suitability for public exhibition;\n\u201cChief Fire Officer\u201d means the officer appointed under the Fire Brigade Law\n(2006 Revision);\n\u201cchild\u201d means a person under the age of eighteen;\n\u201cCollector of Customs\u201d means the officer appointed under the Customs Law\n(2012 Revision);\n\u201ccourt\u201d means the Grand Court or a court of summary jurisdiction;\n\u201cDepartment\u201d means the department of Government known as the\nDepartment of Commerce and Investment\u201d;\n\u201cfilm\u201d includes \u2014\n(a)\na cinematograph exhibition, a slide, a video tape, a video disc and any\nother form of recording from which a visual image, including a computer\ngenerated image, can be produced;\n(b) a sequence of visual images recorded in such a manner that, by using\nsuch recording, the images will be capable of being seen as a moving\npicture and includes any picture intended for exhibition through any\nmedium or device;\n(c)\nmotion pictures, still photographs, photographic displays, filmstrips and\nsuch other forms of visual presentation as consist primarily of\nphotographs or photographic reproductions;\n(d) photographic film, or a recording on magnetic tape or on any other\nmaterial, from which a series of images, with or without associated\nsounds, may be produced; and\n(e)\nan advertisement of the film which consists of moving images;\n\u201cMinister\u201d means the person responsible for commerce and investment;\n\u201cpremises\u201d includes \u2014\n(a)\nany land or building;\n(b) any part of any land or building;\n(c)\nany structure of a movable character;\n(d) any mobile home, caravan, or other means of shelter placed or erected\nupon any land and intended for occupation on that land; and\n(e)\nany place, stall, vehicle or thing from where a business is carried on,\nirrespective of whether it is fixed or movable or partly fixed and partly\nmovable;\n\u201cpremises licence\u201d means a public film exhibition premises licence issued by\nthe Department under section 26 in respect of any premises;\n\nFilm Exhibition Control Law, 2015\nSection 3\n\nc\nLaw 9 of 2015\nPage 9\n\n\u201cprivate premises\u201d means premises to which the general public are not\npermitted access, whether for payment or otherwise;\n\u201cpublic film exhibition\u201d , in relation to a film, means the display of a film\nwith the aid of any apparatus, equipment, or device on any premises to which\nmembers of the general public have access whether for payment of money or\notherwise, and the expressions \u201cexhibits\u201d, \u201cpublicly exhibits\u201d, \u201cpublicly\nexhibited\u201d and \u201cpublic exhibition\u201d shall be construed accordingly;\n\u201crating\u201d means a classification ascribed to the content in a film pursuant to\nsection 8(2)(a);\n\u201crating certificate\u201d means a public film rating certificate which ascribes a\nrating to a film pursuant to section 8(1); and\n\u201ctrade officer\u201d means a public officer appointed as such under the Trade and\nBusiness Licensing Law, 2014.\n3.\nObjects of the Law\n3.\nThe objects of this Law are to \u2014\n(a)\nestablish a system of ascribing an appropriate rating to film content;\n(b) inform the viewing public of the contents in a film;\n(c)\nprotect children from exposure to disturbing, harmful and adult content\nexhibited by a film;\n(d) stipulating the standards to be met for films to be publicly exhibited on\npremises; and\n(e)\ngenerally to regulate the public exhibition of a film.\n4.\nApplication of the Law\n4.\nThis Law does not apply to \u2014\n(a)\na film exhibited on private premises; or\n(b) the exhibition of a film where such exhibition is under the direction or\ncontrol of any department of Government.\nPART 2 \u2013 FILM CONTROL BOARD AND PUBLIC FILM\nEXHIBITION RATING CERTIFICATE\n5.\nEstablishment of the Film Control Board\n5.\n(1) There is established for the purposes of this Law a Board to be known as the\nFilm Control Board.\n(2) The Board has the powers, duties and functions set out in this Law.\n(3) The provisions of Schedule 1 have effect as to the constitution of the Board.\n\nSection 6\nFilm Exhibition Control Law, 2015\n\nPage 10\nLaw 9 of 2015\nc\n\n6.\nFunctions of the Board\n6.\n(1) The functions of the Board include \u2014\n(a)\nthe issue of rating certificates in respect of a film to be publicly exhibited\nin the Islands;\n(b) regulating the public exhibition of any film to be exhibited in the Islands;\n(c)\nadvising the Minister on any matter within its knowledge or on which he\nmay seek its advice;\n(d) advising the Department on the terms and conditions on which a\npremises licence may be issued;\n(e)\nmonitoring and facilitating the enforcement of activities to curb the\nexhibition of unsuitable films;\n(f)\npreparing film exhibition policies to transform the film industry;\n(g) developing and modifying classification guidelines;\n(h) advising the Minister on matters relating to or affecting the functions of\nthe Board;\n(i)\nimposing and administering penalties in accordance with this Law and\nregulations made under this Law as they relate to the public exhibition of\na film in contravention of a rating or prohibition; and\n(j)\ndoing such other acts and things as are necessary for or incidental to the\npurposes for which the Board is established and which are necessary or\nexpedient for the full discharge of all or any of the functions conferred on\nit by this Law.\n(2) The Cabinet may give such general directions as to the policy to be followed\nby the Board in the performance of its functions under this Law.\n7.\nApplication for a rating certificate\n7.\n(1) A person who wishes to publicly exhibit a film in the Islands shall apply to the\nBoard for a rating certificate.\n\n(2) An application for a rating certificate shall be made to the Board at least seven\ndays before the intended date of the public exhibition of a film.\n(3) The Board may, in its discretion, consider any application notwithstanding\nnon-compliance with the seven day period required under subsection (1).\n(4) An application for a rating certificate in respect of a film shall \u2014\n(a)\nbe in writing and signed by or on behalf of the applicant; and\n(b) be accompanied by \u2014\n(i)\nthe fee specified in Schedule 2; and\n\nFilm Exhibition Control Law, 2015\nSection 8\n\nc\nLaw 9 of 2015\nPage 11\n\n(ii) information specifying the name of the film to be the subject of the\napplication including the film format, film type, copyright year,\ncopyright owner and country of origin.\n(5) The Board, in considering an application under this section may, if it considers\nnecessary, require the applicant to provide any other information including \u2014\n(a)\na copy of the film;\n(b) a written synopsis of the film in English that includes a statement or\nsummary of any incidents, or of the plot depicted or intended to be\ndepicted by the film;\n(c)\na copy of any advertisement that is proposed to be used to advertise the\nfilm; and\n(d) an indication as to the duration for which the film will be exhibited.\n(6) The Board, on receipt of an application, shall, as soon as reasonably\npracticable, examine the film or have it examined by persons the Board\nconsiders appropriate in order to determine a suitable rating to be ascribed to\nthe film.\n8.\nRating of film and film rating certificate\n8.\n(1) After receiving and considering an application made under section 7, the\nBoard shall ascribe to the film a rating in accordance with its administrative\npolicies and guidelines.\n(2) Where the Board ascribes a rating to a film it shall \u2014\n(a)\nissue a rating certificate to the applicant in the form specified in\nSchedule 3;\n(b) provide reasons for the rating ascribed; and\n(c)\nif it considers necessary, stipulate any additional terms and conditions\nattached to the rating.\n(3) The Board may, prior to the conclusion of the application approval process,\nissue a rating certificate on a provisional basis.\n(4) If the Board determines that a film is unsuitable for viewership in the Islands,\nit may, in its discretion, refund the application fee paid or such portion thereof\nas it considers fit.\n9.\nFactors in ascribing a rating\n9.\nThe Board shall have regard to the following factors when ascribing a rating to\na film \u2014\n(a)\nthe rating or classification ascribed to the film by a board of\ninternationally recognised film censors;\n\nSection 10\nFilm Exhibition Control Law, 2015\n\nPage 12\nLaw 9 of 2015\nc\n\n(b) the standards of morality, decency and propriety generally accepted by\nthe community;\n(c)\nwhether the content is seditious, obscene, blasphemous or otherwise a\nbreach of any laws of the Islands;\n(d) the use of discriminatory, offensive, obscene or vulgar language;\n(e)\nthe exhibition of violent and graphic conduct;\n(f)\nthe references to illegal drugs or drug misuse;\n(g) the portrayal of dangerous or antisocial behavior;\n(h) the scenes of nudity, display of sexual activity, obscene displays and\nother forms of pornography;\n(i)\ncontent displaying horror, blood and gore;\n(j)\nthe persons or class of persons to or among whom the film will be\nexhibited;\n(k) the literary, artistic or educational merit of the film;\n(l)\nthe medical, legal or scientific benefit of the film;\n(m) whether the film is in the public interest; and\n(n) any other factor which, in the opinion of the Board, may influence the\nrating of a film.\n10.\nUnrated film unsuitable for child viewership\n10. (1) A film which has not been rated in accordance with section 8 shall be regarded\nas unsuitable for viewing by a child.\n(2) A person who is the \u2014\n(a)\nowner or controller of an unrated film; or\n(b) owner or controller of premises on which the unrated film is intended to\nbe exhibited or is being exhibited,\nshall not cause or permit; or continue to cause or permit the film \u2014\n(i)\nto be exhibited to a child; and\n(ii) to be exhibited before 7:00 p.m., notwithstanding paragraph 3(1)(b)\nof Schedule 6 or at such other times as may be prescribed without\nthe prior approval of the Board.\n(3) Notwithstanding section 2(b)(ii), the Board may, and having regard to the\nfactors specified in section 9, prohibit a person from exhibiting an unrated film\nin the Islands.\n(4) A person who contravenes subsection (2) or acts contrary to a prohibition in\nsubsection (3) is liable to a penalty of two thousand dollars or such other\namount as may be prescribed and a further penalty of one hundred dollars for\neach day that the breach continues after the date of its proof.\n\nFilm Exhibition Control Law, 2015\nSection 11\n\nc\nLaw 9 of 2015\nPage 13\n\n(5) A person commits an offence and is liable on summary conviction to a fine of\nfour thousand dollars or to imprisonment for a term of six months or to\nboth if \u2014\n(a)\nhe fails to pay the penalty specified in subsection (4);\n(b) continues to exhibit the film after a failure to pay the penalty specified in\nsubsection (3); or\n(c)\nafter having paid the penalty continues to exhibit the film in\ncontravention of subsection (1).\n(6) Where an offence under subsection (5) has been committed by a body\ncorporate and is proved to have been committed with the consent or\nconnivance of, or to be attributable to any neglect on the part of any director,\nmanager, secretary or other officer of the body corporate or any person who\nwas purporting to act in any such capacity, he, as well as the body corporate is\nguilty of that offence and liable to be proceeded against and punished\naccordingly.\n(7) Where the affairs of a body corporate are managed by its members,\nsubsection (1) shall apply in relation to the acts and defaults of the member in\nconnection with his functions of management as if he were a director of the\nbody corporate.\n11.\nExemption when film rated by internationally recognised film censors\n11. (1) A person who owns or controls a film which has been ascribed a rating or\nclassification by a board of internationally recognised film censors \u2014\n(a)\nis not required to apply for a rating certificate prior to the public\nexhibition of the film; and\n(b) is not precluded from exhibiting the film to a child if the rating ascribed\npermits such exhibition.\n(2) Notwithstanding subsection (1) and subject to the assessment of the particulars\nunder section 12(1), the Board may ascribe a contrary rating to a film in\naccordance with its rating policies and guidelines if it determines that the\ncontent of the film requires a rating different from the rating ascribed by the\nboard of internationally recognised film censors.\n(3) A rating ascribed under subsection (1) or (2) shall be complied with by the\nperson \u2014\n(a)\nwho owns or controls the film; and\n(b) who owns or controls the premises on which the film is to be publicly\nexhibited.\n(4) A person who contravenes subsection (3) is liable to a penalty of two thousand\ndollars or such other amount as may be prescribed and a further penalty of one\n\nSection 12\nFilm Exhibition Control Law, 2015\n\nPage 14\nLaw 9 of 2015\nc\n\nhundred dollars for each day that such breach continues after the date of its\nproof.\n12.\nSubmission of list of films to be exhibited\n12. (1) A person who intends to publicly exhibit any film shall, at least twenty-four\nhours before its exhibition, provide the Board with all the particulars identified\nin Schedule 4.\n(2) Where there is a change in any of the particulars provided under\nsubsection (1), the Board shall be notified in writing immediately by the owner\nor controller of the film of the nature of the change.\n(3) A person who contravenes subsection (3) is liable to a penalty of two thousand\ndollars or such other amount as may be prescribed and a further penalty of one\nhundred dollars for each day that such breach continues after the date of its\nproof.\n13.\nValidity of certificate\n13. A rating certificate issued by the Board under section 8(2)(a) shall be valid \u2014\n(a)\nfor all formats of the film; and\n(b) for the duration of the film exhibition, unless otherwise suspended or\nrevoked.\n14.\nDisplay of rating\n14. (1) A person who is issued a rating certificate or any distributor or exhibitor or\nany other person to whom the rights in the film have passed, shall ensure that\nfor the duration of its public exhibition, the details of the rating ascribed to the\nfilm are visibly displayed with the film and any advertisement associated with\nthe film.\n(2) A film which is unrated pursuant to section 10(1) shall only be exhibited if, for\nthe duration of its public exhibition, details indicating that the film is\nunsuitable for viewing by a child are visibly displayed with the film and any\nadvertisement associated with the film.\n15.\nChange in rating\n15. A new application for a rating certificate shall be made in order to change the rating\nascribed to a film and on receipt of such an application, the Board shall process and\ndecide the application in accordance with section 7.\n16.\nAppeals against Board decisions\n16. (1) A person dissatisfied with a decision of the Board may, within twenty-one\ndays of the communication of the decision to him, by notice in writing, appeal\nto the Appeals Tribunal.\n\nFilm Exhibition Control Law, 2015\nSection 17\n\nc\nLaw 9 of 2015\nPage 15\n\n(2) In making an appeal under subsection (1), the appellant shall \u2014\n(a)\nprovide the original application;\n(b) provide the decision against which the appeal is made;\n(c)\nindicate the grounds of the appeal; and\n(d) indicate whether he wishes to be heard personally or through a\nrepresentative.\n(3) The Appeals Tribunal may confirm or vary the decision of the Board or make\nsuch other decision on the appeal as seem to it to be expedient.\n(4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3)\nmay, within twenty-one days of the date on which notice of the written reasons\nfor the decision was received, appeal to the court against the decision.\n(5) For the purposes of subsection (1), the decision shall, if notice of it is sent to a\nperson by post, be taken to have been communicated to him at the time at\nwhich it would have been received in the ordinary course of post.\n17.\nRefund of customs duties\n17. Where the Collector of Customs is satisfied that \u2014\n(a)\na film has been imported and that the customs duties payable have\nbeen paid;\n(b) such film has not been exhibited due to a prohibition of the Board; and\n(c)\nthe film has since been exported,\nhe shall, upon the request by the importer, refund to the importer of the film\nthe full amount of the customs duties.\n18.\nSuspension or revocation of certificate and penalty\n18. (1) The Board may suspend a rating certificate or recognition of a rating given by\na board of internationally recognised film censors for such period as it thinks\nfit, or it may revoke such certificate or recognition if it is satisfied that \u2014\n(a)\nthe film or any part thereof in respect of which the rating certificate was\nissued or recognition given is being exhibited in a form other than the\none approved;\n(b) the film or any part thereof is being exhibited in contravention of the\nprovisions of this Law;\n(c)\nthe holder of the rating certificate or the person who owns or controls the\nfilm to which recognition was given has failed to pay the penalty\nimposed under section 19(1);\n(d) the certificate or rating given by a board of internationally recognised\nfilm censors has been obtained by fraud or misrepresentation as to an\nessential fact; or\n\nSection 19\nFilm Exhibition Control Law, 2015\n\nPage 16\nLaw 9 of 2015\nc\n\n(e)\nthe owner or controller of the film has otherwise acted in contravention\nof this Law.\n(2) A film shall not be made available for public exhibition \u2014\n(a)\nduring the period in which a rating certificate or recognition of a rating\ngiven by a board of internationally recognised film censors remains\nsuspended; or\n(b) after the revocation of a rating certificate or recognition of a rating given\nby a board of internationally recognised film censors.\n(3) The Board shall not take any action under this section without giving the\nowner or controller of the film an opportunity of being heard.\n(4) A person who continues to publicly exhibit a film notwithstanding \u2014\n(a)\nthe suspension or revocation of a rating certificate or recognition of a\nrating given by a board of internationally recognised film censors; or\n(b) being notified in writing by the Board that he is acting in contravention\nof the provisions of this Law,\nis liable to a penalty of two thousand dollars or such other amount as may be\nprescribed and a further penalty of one hundred dollars for each day that such\nbreach continues after the date of its proof.\n(5) A person who wishes to contest a penalty imposed pursuant to subsection (1)\nmay, within twenty-one days of its imposition, appeal to the Appeals Tribunal.\n(6) The Appeals Tribunal may confirm or vary the decision of the Board or make\nsuch other decision on the appeal as seem to it to be expedient.\n(7) A person aggrieved by a decision of the Appeals Tribunal under subsection (6)\nmay, within twenty-one days of the date on which notice of the written reasons\nfor the decision was received, appeal to the court against the decision.\n19.\nPenalties in relation to rating certificate\n19. (1) A person who \u2014\n(a)\nwilfully makes a false or inaccurate representation to the Board;\n(b) publicly exhibits or attempts to publicly exhibit a film contrary to a\nprohibition specified under section 10(3);\n(c)\npublicly exhibits or attempts to publicly exhibit a film in contravention of\na rating, condition or restriction contained in the rating certificate;\n(d) fails to visibly exhibit with the film and any advertisement associated\nwith the film, the ascribed rating for the duration of its exhibition; or\n(e)\npublicly exhibits a film in contravention of a decision by the Board,\n\nFilm Exhibition Control Law, 2015\nSection 20\n\nc\nLaw 9 of 2015\nPage 17\n\nis liable to a penalty of two thousand dollars or such other amount as may be\nprescribed and a further penalty of one hundred dollars for each day that such\nbreach continues after the date of its proof.\n(2) A person who wishes to contest a penalty imposed pursuant to subsection (1)\nmay, within twenty-one days of its imposition, appeal to the Appeals Tribunal.\n(3) The Appeals Tribunal may confirm or vary the decision of the Board or make\nsuch other decision on the appeal as seem to it to be expedient.\n(4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3)\nmay, within twenty-one days of the date on which notice of the written reasons\nfor the decision was received, appeal to the court against the decision.\n20.\nPenalties attached to body corporate certificate holders\n20. (1) Where an act under section 19 has been committed by a body corporate and is\nproved to have been committed with the consent or connivance of, or to be\nattributable to any neglect on the part of any director, manager, secretary or\nother officer of the body corporate or any person who was purporting to act in\nany such capacity, he, as well as the body corporate is liable to be proceeded\nagainst and punished accordingly.\n(2) Where the affairs of a body corporate are managed by its members,\nsubsection (1) shall apply in relation to the acts and defaults of the member in\nconnection with his functions of management as if he were a director of the\nbody corporate.\nPART 3 \u2013 PUBLIC FILM EXHIBITION PREMISES LICENCE\n21.\nDepartment as licensing authority\n21. For the purposes of this Law, the Department shall be the authority having the\npower to issue, in the form specified in Schedule 5, a premises licence to any person\nwho wishes to publicly exhibit a film on premises identified by him.\n22.\nFunctions of the Department\n22. (1) The functions of the Department include \u2014\n(a)\nconsidering all applications made for a premises licence;\n(b) issuing, suspending and revoking a premises licence;\n(c)\nenforcing regulations to protect children from exposure to harmful film\ncontent;\n(d) ensuring compliance with health and safety regulations on premises\nlicensed to conduct public film exhibitions;\n\nSection 23\nFilm Exhibition Control Law, 2015\n\nPage 18\nLaw 9 of 2015\nc\n\n(e)\ngiving notice of the prescribed days on and times at which public film\nexhibitions may be conducted; and\n(f)\nimposing and administering penalties in accordance with this Law and\nregulations made under this Law as they relate to the issue of a premises\nlicence.\n(2) The Cabinet may, after consultation with the Department, give such general\ndirections as to the policy to be followed by the Department in the\nperformance of its functions under this Law and the Department shall follow\nsuch directions.\n23.\nApplication for premises licence to exhibit a film\n23. (1) A person who wishes to publicly exhibit a film on premises identified for that\npurpose shall apply to the Department for a premises licence.\n(2) An application for a premises licence or a renewal thereof shall be made in\nwriting, signed by or on behalf of the applicant and accompanied by \u2014\n(a)\nthe fee specified in Schedule 2, apportioned to the number of unexpired\nmonths in a year, part of a month being calculated as one month;\n(b) evidence showing that the existence of the premises is in compliance\nwith the relevant planning, building, safety, fire and health laws or codes;\n(c)\nthe relevant trade and business licence required, under the Trade and\nBusiness Licensing Law, 2014; and\n(d) the relevant licence to carry on a business in the Island required under\nLocal Companies (Control) Law (2007 Revision).\n24.\nExempted public film exhibitions\n24. The Department may exempt a person from paying the fee for a premises licence\nwhere it is determined that \u2014\n(a)\nthe film falls into any of the following categories \u2014\n(i)\nfilms which are not promoted for private gain;\n(ii) films for which the sole or main purpose of the exhibition is to\ndemonstrate any product, to advertise any goods or services or to\nprovide information, education or instruction;\n(iii) films organised solely or mainly as an exhibition for children who\nare members of a club, society or association;\n(iv) films of a promotional or technical nature and for use in the course\nof a business, trade or profession;\n(v) films whose main purpose is for training, instruction or reference,\nas a manual, a lesson, an encyclopedia or a guide;\n\nFilm Exhibition Control Law, 2015\nSection 25\n\nc\nLaw 9 of 2015\nPage 19\n\n(vi) films wholly comprising news reports or information about, or\nanalysis of, current issues or events of public interest or importance;\n(vii) films wholly comprising a documentary record of a hobby, activity,\nsporting event; family event or activity; live artistic performance;\nmusical presentation; a religious activity; or a community or\ncultural activity; or\n(viii) any other film, which in the opinion of the Department, should be\nan exempt film;\n(b) the premises on which it is proposed to conduct a public film exhibition\nare premises used or to be used occasionally and not on more than six\ndays in any year for the purposes of an exhibition;\n(c)\nthe premises on which a film is to be publicly exhibited are of a movable\ncharacter; or\n(d) admission to view films on the premises will be free of charge.\n25.\nProceedings of the Department\n25. The Department may adopt such processes as it considers appropriate in order to\nfacilitate the execution of its functions.\n26.\nIssue of premises licence\n26. (1) On being satisfied that an application made pursuant to section 23 has met all\nrequirements, the Department shall, within seven days of that application,\nissue a premises licence.\n(2) A premises licence issued under this section shall include, as one of its terms,\nthe compliance with the rules specified in Schedule 6.\n(3) The Department may attach other conditions or restrictions to a premises\nlicence it considers fit.\n(4) A person to whom a premises licence has been issued shall not \u2014\n(a)\nexhibit a film on premises other than those identified in the licence; and\n(b) permit a child to enter the premises to view a film contrary to a rating\nascribed to the film or the prohibition specified in section 10.\n(5) If the Department refuses to issue a premises licence, it may, in its discretion,\nrefund the fee paid or such portion thereof as it may considers fit.\n27.\nDuration and renewal of premises licence\n27. (1) A premises licence shall be valid for a period of one year and may be renewed.\n(2) An application for the renewal of a premises licence shall be made at least\ntwenty-one days before the date of its expiry and be accompanied by the\nrelevant fee as provided in the Schedule 2.\n\nSection 28\nFilm Exhibition Control Law, 2015\n\nPage 20\nLaw 9 of 2015\nc\n\n28.\nSuspension or revocation of premises licence and offence\n28. (1) The Department may suspend a premises licence for such period as it thinks\nfit, or it may revoke the premises licence if it is determined that \u2014\n(a)\na film in respect of which a rating certificate was issued or recognition\naccorded to the rating given by a board of internationally recognised film\ncensors is being exhibited in a form other than the one in which it was\ncertified or recognised;\n(b) the premises in respect of which the licence was issued is being used\ncontrary to the licensing terms;\n(c)\nthe film is being exhibited contrary to the prohibition specified in\nsection 10(1);\n(d) there is noncompliance with the rules specified in Schedule 6;\n(e)\nthe holder of the premises licence has failed to pay the penalty imposed\nunder section 31(1);\n(f)\nthe premises licence has been obtained by fraud or misrepresentation as\nto an essential fact; or\n(g) the film or any part thereof is otherwise being exhibited in contravention\nof the provisions of this Law.\n(2) In the event of the revocation of a licence issued under the Local Companies\n(Control) Law (2007 Revision) or the Trade and Business Licensing Law, 2014\nthe Department shall revoke a premises licence.\n(3) Premises shall not be made available for the conduct of any public film\nexhibition \u2014\n(a)\nduring the period in which a premises licence remains suspended; or\n(b) after the revocation of a premises licence.\n(4) The Department shall not take any action under this section without giving the\nowner or controller of the premises an opportunity of being heard.\n(5) A person who continues to publicly exhibit a film on premises\nnotwithstanding \u2014\n(a)\nthe suspension or revocation of a premises licence; or\n(b) being notified in writing by the Department that he is acting in\ncontravention of the provisions of this Law,\ncommits an offence and is liable on summary conviction to a fine of four\nthousand dollars or to imprisonment for a term of six months or to both; and in\nthe case of a continuing breach, a person may be ordered by the court to pay a\nfurther sum of one hundred dollars for each day that such breach continues\nafter the date of its proof.\n\nFilm Exhibition Control Law, 2015\nSection 29\n\nc\nLaw 9 of 2015\nPage 21\n\n(6) Where an offence under subsection (5) has been committed by a body\ncorporate is proved to have been committed with the consent or connivance of,\nor to be attributable to any neglect on the part of any director, manager,\nsecretary or other officer of the body corporate or any person who was\npurporting to act in any such capacity, he, as well as the body corporate is\nguilty of that offence and liable to be proceeded against and punished\naccordingly.\n(7) Where the affairs of a body corporate are managed by its members,\nsubsection (1) shall apply in relation to the acts and defaults of the member in\nconnection with his functions of management as if he were a director of the\nbody corporate.\n29.\nGeneral directions of Department\n29. (1) The Department may issue directions to the holder of a premises licence for\nthe purpose of regulating the public exhibition of any film or type of films on\nthe premises.\n(2) The Department, in issuing a premises licence with respect to any premises,\nmay impose conditions or restrictions relating to the admission of children to\nfilm exhibitions involving the showing of works designated by the Board as\nunsuitable for children.\n30.\nAppeals against Department decisions\n30. (1) A person aggrieved by the decision of the Department with respect to the\nissue, revocation or suspension of a premises licence may, within twenty-one\ndays of the decision, appeal to the Appeals Tribunal.\n(2) A person aggrieved by a decision of the Appeals Tribunal under subsection (5)\nmay, within twenty-one days of the date on which notice of the written reasons\nfor the decision was received, appeal to the court against the decision.\n(3) An appeal under subsection (1) shall be by notice in writing setting out \u2014\n(a)\nthe original application;\n(b) the decision against which the appeal is made; and\n(c)\nthe grounds of the appeal.\n(4) On receipt of the notice of appeal, the Appeals Tribunal shall decide if there is\njust cause for the appellant or his representative to be heard and if it is so\ndecided, notify the appellant or his representative and the Department of the\ndate and time of the hearing.\n(5) The decision of the Appeals Tribunal shall be communicated to the appellant\nas soon as is reasonably practicable.\n\nSection 31\nFilm Exhibition Control Law, 2015\n\nPage 22\nLaw 9 of 2015\nc\n\n31.\nPenalties in relation to premises licence\n31. (1) A person who \u2014\n(a)\npublicly exhibits or attempts to publicly exhibit a film on premises\nwithout a premises licence;\n(b) has been issued a premises licence and exhibits a film in contravention of\na condition or restriction contained in such licence; or\n(c)\nbeing the owner or controller of premises knowingly permits another\nperson to attend a public exhibition of any film on those premises in a\nmanner contrary to the terms and conditions in a public films rating\ncertificate,\nis liable to a penalty of two thousand dollars or such other amount as may be\nprescribed and a further penalty of one hundred dollars for each day that the\nbreach continues after the date of its proof.\n(2) A person who wishes to contest a penalty imposed pursuant to subsection (1)\nmay, within twenty-one days of its imposition, appeal to the Appeals Tribunal.\n(3) The Appeals Tribunal may confirm or vary the decision of the Board or make\nsuch other decision on the appeal as seem to it to be expedient.\n(4) A person aggrieved by a decision of the Appeals Tribunal under subsection (3)\nmay, within twenty-one days of the date on which notice of the written reasons\nfor the decision was received, appeal to the court against the decision.\n32.\nPenalties attached to body corporate licence holders\n32. (1) Where an act under section 31 has been committed by a body corporate is\nproved to have been committed with the consent or connivance of, or to be\nattributable to any neglect on the part of any director, manager, secretary or\nother officer of the body corporate or any person who was purporting to act in\nany such capacity, he, as well as the body corporate is liable to be penalised\naccordingly.\n(2) Where the affairs of a body corporate are managed by its members,\nsubsection (1) shall apply in relation to the acts and defaults of the member in\nconnection with his functions of management as if he were a director of the\nbody corporate.\nPART 4 \u2013 ENFORCING THE CONDUCT OF PUBLIC FILM\nEXHIBITIONS\n33.\nEnforcement by trade officers\n33. (1) The Board and the Department shall be assisted by such trade officers as are\nnecessary for the purposes of enforcing this Law.\n\nFilm Exhibition Control Law, 2015\nSection 34\n\nc\nLaw 9 of 2015\nPage 23\n\n(2) Subject to subsection (3), trade officers shall have all the rights, powers,\nprivileges and immunities of a constable when discharging their duties under\nthis Law.\n(3) A trade officer shall have the authority and power to carry out such\ninstructions as may be given by the Board and the Department in relation to\nthis Law and may enforce, on behalf of the Board or Department, any powers\ngranted by this Law or any of its regulations.\n34.\nPower of search and seizure\n34. (1) If a trade officer suspects, on reasonable grounds, that a person has committed\nor is committing an act in contravention of this Law or its regulations, the\ntrade officer may \u2014\n(a)\nrequire to be produced and examined and take copies of any rating\ncertificate, premises licence or other document required under this Law;\n(b) with a warrant, use such force as may be necessary to enter and search\nany premises that the trade officer reasonably suspects may contain\nevidence of the commission of an act in contravention of this Law or any\nof its regulations; and\n(c)\nwithout a warrant and acting on reasonable suspicion, use such force as\nmay be necessary to enter the premises of a film exhibitor and request the\nproduction of a rating certificate or premises licence.\n(2) If the trade officer is satisfied, after exercising any of the powers of search and\nseizure under this section, that there is reasonable evidence of the commission\nof an act in contravention of this Law, he may seize any film, equipment or\nany other item that may be used as evidence of the commission of a breach of\nthis Law.\n(3) Where a warrant to search any premises is required, the trade officer shall\napply to the court or to a justice of the peace and the provisions of the\nCriminal Procedure Code (2013 Revision) which relate to search warrants\nshall apply.\n(4) The power of search conferred is only a power to search to the extent that it is\nreasonably required for the purpose for which the power of entry is exercised.\n(5) Where access to premises is denied, a trade officer may break and enter those\npremises to gain access for the purpose of an arrest.\n(6) Any person who assaults, obstructs, intimidates, refuses to give his name and\naddress or gives a false name and address to, or gives any other false\ninformation to a trade officer in the performance of his duties commits an\noffence and is liable on summary conviction to a fine of two thousand dollars,\nto imprisonment for six months, or to both.\n\nSection 35\nFilm Exhibition Control Law, 2015\n\nPage 24\nLaw 9 of 2015\nc\n\n(7) A trade officer may, at any time during business hours, without a warrant,\ncarry out inspections of premises, rating certificates and premises licences to\nensure that all activities are being conducted in compliance with this Law.\n(8) Information acquired by a trade officer in the course of his duties may be\nsupplied to any other law enforcement officer in furtherance of any\ninvestigation under this Law.\n35.\nProsecution requires consent of Director of Public Prosecutions\n35. No prosecution under this Law shall be instituted for an offence except under the\nauthority of the Director of Public Prosecutions.\nPART 5 \u2013 MISCELLANEOUS\n36.\nExemptions from application procedures\n36. The Minister may determine that a person who wishes to publicly exhibit a film\nshall, subject to any specified terms and conditions, be exempted from the\nprovisions of this Law relating to the application procedures for a rating certificate\nand premises licence.\n37.\nFees, penalties and fines part of general revenue\n37. All fees, penalties and fines paid under this Law shall form part of the general\nrevenue of the Islands.\n38.\nRegulations\n38. The Cabinet may make regulations in relation to \u2014\n(a)\nthe functions of the Board and the Department;\n(b) the ratings and factors affecting the ratings of a film;\n(c)\nthe welfare and health of children in relation to their attendance at a\npublic film exhibition;\n(d) the general safety, health and security of persons attending a public film\nexhibition;\n(e)\nthe standards to be met for a premises to be recognised as fit to facilitate\npublic film exhibitions;\n(f)\nthe fees to be paid for certificates and licences required under this Law;\n(g) the hours during which and days on which a public exhibition may be\nconducted;\n(h) the form and duration of certificates and licences issued under this law\nand the conditions or restrictions attached to the issuance of a rating\ncertificate or premises licence;\n\nFilm Exhibition Control Law, 2015\nSection 39\n\nc\nLaw 9 of 2015\nPage 25\n\n(i)\nall matters that are necessary to be prescribed for giving effect to the\npenalty system under the Law and the quantum of penalties for acting in\ncontravention of this Law; and\n(j)\nany matter generally for the better carrying out of the objects and\npurposes of this Law.\n39.\nBurden of proof\n39. A question of fact arising in any proceedings under this Law, other than in criminal\nproceedings, shall lie with the defendant and be decided on a balance of\nprobabilities.\n40.\nAmendment of Schedules\n40. The Cabinet may, by Order, amend Schedules 1, 2, 3, 4, 5 and 6.\n41.\nRepeal of Cinematograph Law (2009 Revision)\n41. The Cinematograph Law (2009 Revision) is repealed.\n42.\nSavings and transitional provisions\n42. (1) All proceedings pending at the date of the commencement of this Law in\nrespect of offences committed or alleged to have been committed against the\nCinematograph Law (2009 Revision) shall be continued and dealt with as if\nthis Law had not come into force.\n(2) Where anything done under or for the purposes of the Cinematograph Law\n(2009 Revision) would cease to have effect by virtue of the repeal of that Law\nit shall have effect as if it had been done under and for the purposes of\nthis Law.\n(3) Where prior to the commencement of this Law applications were made for the\ngrant of permission or issue of licences under the Cinematograph Law (2009\nRevision) and such applications have not been wholly or partly dealt with at\nthe date of commencement of this Law, such applications shall be taken to be\napplications made under this Law and the Board and Department shall deal\nwith all such applications in accordance with this Law.\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 1\n\nc\nLaw 9 of 2015\nPage 27\n\n SCHEDULE 1\n                                                                            (Section 5(3))\nTHE FILM CONTROL BOARD\nConstitution of the Board\n1.\nThe Board shall be comprised of three members appointed by the Cabinet including\na person who has professional experience or qualifications in film production,\ncensorship systems, cinematography, drama, law, literature, social sciences, media,\neducation or performing arts.\nTenure of Office\n2.\n(1) The members shall be appointed by instrument in writing and shall hold office\nfor a term of not more than three years.\n(2) An appointed member shall be eligible for re-appointment.\n(3) The office of an appointed member shall be a public office.\nChairman\n3.\nThere shall be a Chairman of the Board who shall be appointed by the Cabinet from\namong the members of the Board.\nActing appointments\n4.\nIf any member is absent or unable to act, the Cabinet may appoint any person to act\nin the place of that member and in the case of the appointed members such\nappointment shall be made in the same manner and from among any of the\ncategories of persons as would be required in the case of the substantive\nappointment.\nResignation\n5.\nAn appointed member may at any time resign his office by instrument in writing\naddressed to the Cabinet and transmitted through the Chairman and from the date of\nreceipt by the Cabinet of such instrument, that person shall cease to be a member.\nRevocation of appointment\n6.\nThe Cabinet may at any time revoke the membership of an appointed member.\n\nSCHEDULE 1\nFilm Exhibition Control Law, 2015\n\nPage 28\nLaw 9 of 2015\nc\n\nFilling of vacancies\n7.\nIf a vacancy occurs in the membership of the appointed members such vacancy\nshall be filled by the appointment of another appointed member and such\nappointment shall be made in the same manner and from any of the categories of\npersons as would be required in the case of the original appointment.\nGazetting of membership\n8.\nThe names of all members of the Board as first constituted and every change therein\nshall be published in the Gazette.\nRemuneration\n9.\n(1) The appointed members of the Board shall be paid such allowances as the\nCabinet may determine.\n(2) The payment of such allowances shall be paid out of the revenue of the\nIslands.\nSecretariat\n10. (1) The Department shall serve as the Secretariat to the Board and deal with all\nmatters necessary to facilitate the Board in the execution of its functions.\n\n(2) The office of the Board shall be the Secretariat.\nSeal and execution of documents\n11. (1) The seal of the Board shall be authenticated by the chairman and one other\nmember of the Board authorised to act in that behalf.\n(2) The Board may, by resolution, appoint an officer of the Board either generally\nor in a particular case to execute or sign on behalf of the Board any agreement\nor other instrument not under seal in relation to any matter coming within the\npowers of the Board.\nProceedings and meetings\n12. (1) The Board shall meet at such times or frequency as the Chairman may\ndetermine for the carrying out of its functions.\n(2) A quorum of the Board shall be two.\n(3) The decision of the Board shall be by a majority of votes and, in addition to an\noriginal vote, the Chairman shall have a casting vote in any case in which the\nvoting is equal.\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 1\n\nc\nLaw 9 of 2015\nPage 29\n\n(4) Minutes in proper form of each meeting shall be kept by the Board and shall\nbe confirmed by the Chairman as soon as practicable at a subsequent meeting.\n(5) Minutes of a meeting shall include any electronic record or transcript of votes\nor decisions made during a meeting that takes place by means of conference\ntelephone, computer or similar equipment.\n(6) Members of the Board may participate in a meeting of the Board by means of\na conference telephone, computer or similar equipment providing real time\ncommunication and allowing the participants in the meeting to communicate\nwith each another at the same time, and participation by such means shall\nconstitute presence in person at the meeting of the Board.\n(7) The validity of the proceedings of the Board shall not be affected by any\nvacancy amongst the members thereof or by any defect in the appointment of\nany member thereof.\n(8) Any written notice or other document required to be served upon the Board\nmay be served by leaving the notice or document at the Secretariat or by\nsending it to the Secretariat through the post in a prepaid letter addressed to the\nBoard.\nImmunity\n13. Neither the Board, nor any member or officer of the Board, shall be liable in\ndamages for anything done or omitted in the discharge or purported discharge of\ntheir respective functions under this Law unless it is shown that the act or omission\nwas in bad faith.\nIndemnity\n14. The Board shall indemnify a member against all claims, damages, costs, charges or\nexpenses incurred by that member in the discharge or purported discharge of his\nfunctions under this Law, except claims, damages, costs, charges or expenses\ncaused by the bad faith of that member.\nDisclosure of member\u2019s interests\n15. (1) If a member has any pecuniary interest, direct or indirect, in any matter to be\nconsidered by the Board and is present at a meeting of the Board at which the\nmatter is to be considered, he shall at or before the meeting or before the\nmatter is considered, disclose the fact and shall leave the meeting for the\nduration of and not take part in the consideration or discussion of or vote on\nthe matter.\n(2) If a member fails to comply with subparagraph (1) he commits an offence and\nis liable -\n\nSCHEDULE 1\nFilm Exhibition Control Law, 2015\n\nPage 30\nLaw 9 of 2015\nc\n\n(a)\non summary conviction to a fine of one thousand dollars or to\nimprisonment for a term of three months, or to both; or\n(b) on conviction on indictment to a fine of three thousand dollars or to\nimprisonment for a term of six months, or to both,\nunless he proves that he did not know that the matter in which he had a\npecuniary interest was the subject of consideration at that meeting.\n(3) A disclosure under subparagraph (1) shall be recorded in the minutes of the\nBoard\u2019s meetings.\n(4) This paragraph does not apply to an interest in a matter which a member has as\na member of the public or to an interest in any matter in which the right to\nparticipate in any service is offered to the public.\nMember\u2019s pecuniary interests\n16. (1) For the purposes of paragraph 15, a member shall be treated as having an\nindirect pecuniary interest in a matter if -\n(a)\nhe or any nominee of his is a member of a company or other body which\nhas a direct or indirect pecuniary interest in the matter under\nconsideration;\n(b) he is a partner, or in the employment of a person with whom the contract\nwas made or is proposed to be made, or who has a direct or indirect\npecuniary interest in the matter under consideration; or\n(c)\nhe or any partner of his is a professional adviser to a person who has a\ndirect or indirect pecuniary interest in a matter under consideration.\n(2) Subparagraph (1) does not apply to membership of, or employment by, any\npublic body.\n(3) In the case of married persons, the interest of one spouse shall be deemed for\nthe purpose of paragraph 15 to be also the interest of the other.\n(4) The Cabinet may, subject to such conditions as it may think fit, appoint\npersons to act as members for any specified period, in any case in which the\nnumber of members disabled by paragraph 15 at any one time would be so\ngreat a proportion of the whole as to impede the transaction of business by the\nBoard.\nProcedure\n17. Subject to this Law and the rights, freedoms and responsibilities provided under\nPart 1 of the Cayman Islands Constitution Order, 2009, the Board has the power in\nall respects to regulate its own procedure, including the manner in which matters\nsubject to the determination of the Board are to be dealt with by the Board.\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 2\n\nc\nLaw 9 of 2015\nPage 31\n\nSCHEDULE 2\n(Sections7 (4)(b) (i), 23(2)(a) and  27(2))\nFEES\n1.\nPublic Film Rating Certificate Fee:\n$25\n\n2.\nPublic Film Exhibition Premises Licence Annual Fee:\n\nFor each screen on premises used for public film exhibitions \u2013\n\n(a)\nif the charge for admission of a person does not exceed $1.50\n\n$100\n\n(b)\nif the charge for admission of a person does not exceed $2.00\n$250\n(c)\nif the charge for admission of a person does not exceed $2.50\n$750\n\n(d)\nif the charge for admission of person exceeds $2.50\n$1500\n\nSCHEDULE 3\nFilm Exhibition Control Law, 2015\n\nPage 32\nLaw 9 of 2015\nc\n\nSCHEDULE 3\n(Section 8 (2)(a))\nPUBLIC FILM RATING CERTIFICATE\nDEPARTMENT OF COMMERCE AND INVESTMENT\n\nFILM EXHIBITION LAW, 2015\n\nSECTION 8(2)(a)\nPublic Film Rating Certificate\nRef No.\nCertificate No.\n\nName:\n\nAddress:\n\nEmail:\n\nPhone#:\n\nFax#:\n\nTitle of Film:\n\nType of Film:\n\nCountry of of oof\nOrigin:\n\nFormat of Film:\n\nDuration of Film:\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 3\n\nc\nLaw 9 of 2015\nPage 33\n\nCopyright Year:\n\nCopyright\nOwner:\n\nIt is hereby certified that the film entitled:\n___________________________________________________________________\nhas been ascribed a rating of: ____________________________________________\n\nReason(s) for rating: __________________________________________________\n___________________________________________________________________\n________________________________________________________________________\n___________________________________________________________________\n\nTerms and conditions:\n(a)___________________________________________________________\n(b)___________________________________________________________\n(c)___________________________________________________________\n\nDate of issue:   The __________day of__________________________20_____\nSigned:\n\nChairman of the Board\n\nSCHEDULE 4\nFilm Exhibition Control Law, 2015\n\nPage 34\nLaw 9 of 2015\nc\n\nSCHEDULE 4\n (Section 12(1))\nFILM EXHIBITION PARTICULARS\n\nFILM EXHIBITION LAW, 2015\n\nSECTION 12(1)\nName of Film Owner or Controller:\nAddress:\nE-mail:\nTelephone#:\nFax#:\nTitle of Film(s):\n\nType of Film(s):\n\nCountry of Origin:\nCopyright Year:\nCopyright Owner:\nIs Film Unrated:\nRating Ascribed by the Film Exhibition Control Board:\nRating Ascribed by a Board of Internationally Recognised Film Censors:\nProposed location(s) of Film Exhibition:\nProposed date(s) of Film Exhibition:\nProposed time(s) of Film Exhibition:\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 5\n\nc\nLaw 9 of 2015\nPage 35\n\nSCHEDULE 5\n(Section 21)\nPUBLIC FILM EXHIBITION PREMISES LICENCE\n\nDEPARTMENT OF COMMERCE AND INVESTMENT\n\nFILM EXHIBITION LAW, 2015\nSECTION 21\nPublic Film Exhibition Premises Licence\nRef No.\nLicence No.\nNew Licence: \u2610\n       Renewal of Licence: \u2610\n\nName: ___________________________________________________________\nAddress of Applicant: _______________________________________________\nAddress of Premises: ________________________________________________\nEmail: ___________________________   Phone: _________________________\nFax: ___________________\n\nIt is hereby certified that the premises located at___________________________\nBlock#____________ Parcel #___________are licensed to facilitate the conduct of\npublic film exhibitions in the Islands on:\nWeekdays:  \u2610\nSundays:     \u2610\nwith effect from_______________________until_______________________________ .\n\nTerms and conditions:\nThe Licensee herein shall act in accordance with the Film Exhibition Control Rules,\n2015, provided in Schedule 6.\n(b) _____________________________________________________________________\n(c) _____________________________________________________________________\nDate of issue:   The_______day of________________________________20     .\n\nSCHEDULE 5\nFilm Exhibition Control Law, 2015\n\nPage 36\nLaw 9 of 2015\nc\n\nSigned:\n\nOn behalf of the Department of Commerce and Investment\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 6\n\nc\nLaw 9 of 2015\nPage 37\n\nSCHEDULE 6\n(Sections 10(2)(ii), 26(2) and 28(1)(d))\nFILM EXHIBITION CONTROL RULES, 2015\nCitation\n1.\nThese Rules may be cited as the Film Exhibition Control Rules, 2015.\nDefinition\n2.\n In these Rules-\n\u201cweekdays\u201d mean every day except Sunday.\nFilm exhibition days\n3.\n(1) Public film exhibitions shall only be conducted on -\n(a)\nweekdays; and\n(b) Sundays, between the hours of 2:00 p.m. and midnight.\n(2) A person who wishes to conduct the public exhibition of a film outside of the\nhours specified in subparagraph (1)(b) shall submit a written request to the\nDepartment and the Department may, after considering the request, grant\npermission for the conduct of the public exhibition of the film.\nDisplay of licence\n4.\nA premises licence shall be framed and displayed on the premises used for such\npurposes.\nDisplay of rated films\n5.\nOnly films which -\n(a)\nhave been rated or recognised by the Board; or\n(b)  are categorised as unrated,\nmay be displayed on premises licensed to conduct public film exhibitions.\nPosters and advertisements\n6.\nA person to whom a premises licence has been issued shall, on the premises to be\nused to for a public film exhibition -\n(a)\nattach, or cause to be inserted, in or attached to any poster displayed\noutside such premises advertising the public exhibition of such film, the\nrating of the film and an explanation signifying the rating so that such\ninformation is clearly legible to a person ordinarily reading the wording\nof such poster;\n(b)  insert, or cause to be inserted, in any advertisement in any newspaper or\nother publication relating to the exhibition of such film, the rating of the\n\nSCHEDULE 6\nFilm Exhibition Control Law, 2015\n\nPage 38\nLaw 9 of 2015\nc\n\nfilm and an explanation signifying the rating so that such information is\nclearly legible to any person ordinarily reading the wording of such\nadvertisement; and\n(c)\ndisplay, or cause to be displayed, throughout any period when seats are\nable to be reserved, or tickets sold, in respect of the public exhibition of\nsuch film, a notice set out in such place as to be clearly visible and\nlegible to any person making a booking or purchasing a ticket with\nrespect to the film; and\n(d) shall take all reasonable steps to ensure that no person other than a\npermitted person shall be admitted to view such film and, in particular,\nshall give instructions in that behalf to any person engaged in the\nreservation of seats or the sale of tickets in respect of the exhibition of\nany such film.\nSanitary facilities\n7.\nA person conducting a public film exhibition shall provide suitable sanitary\nfacilities for persons attending the exhibition and such other facilities as may be\nrequired by the relevant public health laws.\nBalconies\n8.\nWhere the premises on which a film is to be publicly exhibited contains a balcony -\n(a)\nadequate stairs leading up to such balcony shall be provided;\n(b) adequate hand rails shall be affixed to the stairs; and\n(c)\nthe stairs shall be sufficiently wide to permit persons ascending and\ndescending to pass without difficulty.\nAisles and exits\n9.\n(1) If the premises contain an auditorium, an aisle on each side shall be provided.\n(2) If the premises contain a balcony a central aisle shall be provided on the\nbalcony and an aisle on each side.\n(3) The width of an aisle shall not be less than four feet.\n(4) Not less than two exits shall be provided for an auditorium and not less than\none for a balcony.\n(5) The exits provided in an auditorium shall be located at that screen end and the\nprojection end of the auditorium.\nSafety and health laws or codes\n10. Documentary evidence shall be provided to reflect that the condition of the premises\nis in compliance with the relevant planning, building, safety, fire and health laws or\ncodes.\n\nFilm Exhibition Control Law, 2015\nSCHEDULE 6\n\nc\nLaw 9 of 2015\nPage 39\n\nPassed by the Legislative Assembly the 19th day of June, 2015.\nJuliana O\u2019Connor-Connolly\nSpeaker.\nZena Merren-Chin\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:32:57.094325+00","cms_id":"2015-0009","law_type":"principal","year":"2015","number":"9","title":"Film Exhibition Control Act","status":"in_force"},"provenance":{"files":[{"file_id":"5246","expr_id":"341","kind":"akn_xml","filename":"2015-0009_Act 9 of 2015.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.akn.xml","content_md5":"05097275cf71e7777dbecb9209dc896c","byte_size":"63766","http_last_modified":null,"fetched_at":"2026-06-22 15:32:57.95742+00"},{"file_id":"681","expr_id":"341","kind":"pristine_pdf","filename":"2015-0009_Act 9 of 2015.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.pdf","content_md5":"3c7759078886e90175fd88f3ad619257","byte_size":"984494","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.167165+00"},{"file_id":"682","expr_id":"341","kind":"working_pdf","filename":"2015-0009_Act 9 of 2015.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2015\/2015-0009\/2015-0009_Act 9 of 2015.pdf","content_md5":"3c7759078886e90175fd88f3ad619257","byte_size":"984494","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.167165+00"}],"paragraph_count":34,"latest_history":null},"quality":{"expr_id":"341","doc_id":"341","quality_state":"needs_review","quality_score":"76","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample ends with truncation marker; review full text to confirm completeness of Section 10 and intervening content.","assessed_at":"2026-06-22 15:29:45.019724+00","updated_at":"2026-06-22 15:29:45.019724+00"}}