- (a) the effect of the film as a whole and its likely effect on the persons likely to view the film;
- (b) the artistic, educational, literary or scientific merit of the film and its importance or value for cultural or social reasons;
- (c) in relation to the intended exhibition of the film, the circumstances of such exhibition; and
- (d) article 19 of the International Covenant on Civil and Political Rights (which deals with the principle of freedom of expression).
(4) Subject to subsections (5) and (6), the censor shall as soon as practicable after viewing the film, considering the matters referred to in subsection (2) and taking into account the matters referred to in subsection (3)—
- (a) if he is of the opinion that the film is suitable for exhibition, approve the film for exhibition, give it a classification under section 12(1) and record in writing by reference to the relevant matter referred to in subsection (2) or (3) a statement of the reasons for his decision;
- (b) if he is of the opinion that the film is not suitable for exhibition because of a matter referred to in subsection (2), refuse to approve the film for exhibition and record in writing by reference to the relevant matter referred to in subsection (2) a statement of the reasons for his decision; or
- (c) if he is of the opinion, by reason of a specified piece or specified pieces of the film, that the film is not suitable for exhibition because of a matter referred to in subsection (2), or that he is unable to give the film an appropriate classification under section 12(1), record in writing—
- (i) the classification under section 12(1) he would be prepared to give to the film if such specified piece or pieces were excised from the film; and
- (ii) by reference to the relevant matter referred to in subsection (2), a statement of the reasons for his decision, or the reasons why he is unable to give the film an appropriate classification under section 12(1), as the case may be.
(5) The censor shall make his decision under subsection (4) not later than 21 days after the film is submitted under section 8 or such longer period, but in any case not more than 35 days after the film is so submitted, as the Secretary may allow in any particular case.
(6) The censor, before making his decision under subsection (4) and for the purpose of forming an opinion on which to base such decision—
- (a) shall consult with the advisers, if any, assigned under subsection (1) in respect of the film; and
- (b) may, with the approval of the Authority in writing, consult with any other person,
but, in making such decision, is not bound by such consultation.
(7) For the purpose of subsections (2), (3), (4), (5) and (6), the references to “censor” and “film” mean, respectively, the censor assigned under subsection (1) in respect of a film and the film in respect of which that censor is so assigned.
