The Motion Picture Law

The Motion Picture Law

(The State Law and Order Restoration Council Law No.9/96) The 6th Waxing Day of Wagaung, 1358 M.E.
(20th August, 1996)
The State Law and Order Restoration C ouncil hereby enacts the following Law:-
Chapter I
Title and Definition
1. This Law shall be called the Motion Picture Law.
2. The following expressions contained in this Law shall have the meanings given here
under:-
(a) Motion Picture means the representation o~ a still picture, moving picture or picture
and sound by any cinematographic technology and the apparatus used for the
representation of the same;
(b) Motion Picture Film means feature film, documentary film, archival film, news film,
entertainment film or educative film, f ilmed and produced as a motion picture;
(c) Motion Picture Censor Certificate mean s a certificate issued under this Law by the
Motion Picture Censor Board permitting public exhibition of a motion picture film;
(d) Motion Picture Business Licence means a licence issued under this Law to carry on
any type of motion picture business;
(e) Cinema Hall includes a building, house or any other place for exhibition of motion
picture;
(f) Cinema Hall Licence means a licence issued for the cinema hail;
(g) Assessment Board means the Assessment Board formed under this Law for raising
the standard of Myanmar motion pictures;
(h) Myanmar Motion Picture Enterprise mean s the Myanmar Motion Picture Enterprise
under the administration of the Ministry of Information. This expression also includes a
person on whom power is conferred by the My anmar Motion Picture Enterprise for the
purpose of this Law.

Chapter Il
Objectives
3. The objectives of this Law are as follows:-
(a) to modernize and upgrade the standa rd of Myanmar Motion Picture Business;
(b) to cause the emergence of Myanmar moti on picture films which will prove beneficial
to the all-round development of the State a nd to the preservation of Myanmar cultural
heritage;
(c) to cause the emergence of Myanmar motion picture films which will contribute
towards the unity of the national races and to wards keeping alive and keen the sense of
patriotism;
(d) to promote the emergence of outstanding f ilm artistes and film actors and actresses;
(e) to prohibit decadent motion picture f ilms which will undermine Myanmar culture and
Myanmar traditions and customs.
Chapter IlI
Motion Picture Business Licence
4. A person desirous of carry on the Motion Picture Business shall apply for Motion
Picture Business Licence for each type for the following business to the Myanmar
Motion Picture Enterprise in acco rdance with the stipulations:-
(a) production of motion picture film;
(b) filming of motion picture film;
(c) developing and printing of motion picture film;
(d) sound recording of motion picture film;
(e) editing of mo tion picture film;
(f) distribution of motion picture film;
(g) importing of motion picture film;
(h) exporting of mo tion picture film.
5. The Myanmar Motion Picture Enterprise may, after scrutinizing as to whether or not
the applications is in conformity with the st ipulations, grant or refuse the Motion Picture
Business Licence.

6. The Ministry of Information shall determine the tenure of the Motion Picture Business
Licence, the Motion Picture Business Licence fee, late fee and extension of the tenure
fee.
7. (a) A person desirous of extending the tenu re of the Motion Picture Business Licence
shall, on expiry apply to the Myanmar Motion Picture Enterprise, in accordance with the
stipulations;
(b) The Myanmar Motion Picture Enterprise ma y after causing the prescribed fee to be
paid extend the tenure.
8. The Myanmar Motion Picture Enterprise
(a) shall determine the terms and conditions to be abided by the Motion Picture Business
Licence holder;
(b) may punish the Motion Picture Business Li cence holder, who violates any of the
terms and conditions prescribed under sub-sec tion (a) with fine from a minimum of kyats
5000 to a maximum of kyats 50000. In addi tion, it may revoke the Motion Picture
Business Licence.
9. The Motion Picture Business Licence shall be come invalidated on expiry of the tenure
or on revocation or when surrendered by th e Motion Picture Business Licence holder.

Chapter IV
Motion Picture Censor Board
10. The Ministry Of Information-
(a) shall form the Motion Picture Censor Board with the following persons:-
(i) Managing Director
Myanmar Motion Picture Enterprise Chairman
(ii) representatives from
the relevant Government Member
departments and organizations
(iii) suitable citizens
Members
(iv) Director
Secretary
Myanmar Motion picture enterprise
(b) may determine the tenure of th e Motion Picture Censor Board;
(c) may re-constitute the Motion Picture Censor Board, as may be
necessary.

11. The non-governmental member of the Motion Picture Censor Board is
entitled to the remuneration prescribed by the Ministry of Information.
12. In accordance with the policy laid down, the Motion Picture Censor
Board-
(a) shall scrutinize the feature submitt ed before commencement of filming
of the motion picture film;
(b) may grant or refuse th e filming of the feature;
(c) may, after causing the feature to be modifi ed, as may be necessary grant or refuse
filming thereof.
13. When application is made for Motion Pi cture Censor Certificate in respect of
Myanmar motion picture films and motion pict ure films which have been imported, the
Motion Picture Censor Board, after examining as to whether they are in accordance with
the policy laid down or not-
(a) may permit exhibition to the pub lic or to a reserved audience;
(b) may permit public exhibition of the Myanmar motion picture film, after causing
excision and modification to be made of th e portion which is not suitable for public
exhibition and may retain or destory such excised portion;
(c) may permit public exhibition of the im ported motion picture film, after making
excision of the portion which is not suitable for public exhibition and may retain or
destory such ex cised portion;
(d) may prohibit public exhibition of the Myan mar motion picture film and may retain or
destory such moti on picture film;
(e) may prohibit public exhibition of the impor ted motion picture film and may cause to
be returned or retain such motion picture film;
(f) shall issue the Motion Picture Censor Certif icate, on payment of the prescribed fee, if
the motion picture film is permitted for public exhibition.
14. (a) The Motion Picture Censor Certificate issued by the Motion Picture Censor Board
shall be valid for the prescribed period throughout Myanmar;
(b) The Motion Picture Censor Certificate issued by the Motion Picture Censor Board
shall be exhibited together with the motion picture film.
15. (a) On expiry of the tenure of the Mo tion Picture Censor Certificate, a person
desirous of extending the tenur e shall apply to the Censor Board in accordance with the
stipulations;

(b) The Motion Picture Censor Board may extend the tenure of such certificate, after
causing payment of the prescribed fee to be made.
16. The Motion Picture Censor Board ma y demand the exhibition before itself
of any motion picture film for examination.
17. The Motion Picture Censor Board may-
(a) revoke any Motion Picture Censor Certifi cate, if there is valid reason to do so;
(b) when the motion picture censor certificate is revoked-
(i) retain or destroy the Myanmar motion picture film;
(ii) cause to be returned or reta in the imported motion picture film.
18. If a person dissatisfied with the decision passed by the Motion Picture Censor Board
under section 13 sub-section (b), sub-section (c), sub-section (d). sub-section (e) or under
section 17 sub-section (b), an appeal to the Ministry of Information, the Motion Picture
Censor Board shall cause compliance in accord ance with the order passed in the appeal.
If no appeal is filed, it shall cause comp liance in accordance with its decision on the
expiry of the appellate period.

Chapter V
Assessment Board for Raising the Standard of
Myanmar Motion Pictures
19. The Ministry of Information-
(a) shall form the Assessment Board for raising the standard of Myanmar motion
pictures, consisting of the following persons:
(i) Deputy Minister
ministry of Information
Chairman
(ii) Managing Director
Myanmar Motion Picture Enterprise
Vice-chairman
(iii) representatives from the relevant
Government departments and organizations Members
(iv) suitable citizens
Members
(v) Director
Myanmar Motion Picture Enterprise
Secretary
(b) may determine the tenure of the Assessment Board;

(c) may re-constitute the Assessment Board, as may be necessary.
20. The non-governmental member of the Assessment Board is entitled to the
remuneration prescribed by the Ministry of Information.
21. The Ministry of Information may determine the types of outstanding Motion Picture
Awards which are to be scrutinized and assessed by the Assessment Board
from time to time and may make modifications, if necessary.
22. The Assessment Board shall-
(a) scrutinize and assess all Myanmar motion pictures screened during a Calendar year, as
to whether or not they are in conformity w ith the policy laid down, to enable making of
awards for outstanding Myanmar motion pictures;
(b) recommend to the Ministry of Informati on, a list of nominees, who deserve to be
awarded according to the types of outstandi ng motion picture awards prescribed the
Ministry of Information, after scrutinizing and assessing under sub-section (a).
23. The Assessment Board may make copies of the Myanmar motion picture film which
has been scrutinized and assessed, as may be necessary.
Chapter VI
Cinema Hall Licence
24. A person desirous of obtaining a Cinema Hall Licence shall apply to the Myanmar
Motion Picture Enterprise in ac cordance with the stipulations.
25. The Myanmar Motion Picture Enterprise shall-
(a) scrutinize the application for Cinema Ha ll Licence, as to whether or not it is in
conformity with the stipulations;
(b) request the opinion of the relevant Govern ment departments and organizations before
granting the Cinema Hall Licence;
(c) grant the Cinema Hall Licence if it is in conformity with the stipulations.
26. The Myanmar Motion Picture Enterprise shall, with the approval of Ministry
of Information, determine the tenure of the Cinema Hall Licence, Cinema Hall
Licence fee, late fee and exte nsion of the tenure fee.
27. (a) On expiry of the tenure of the Cinema Hall Licence a person desirous of extending
the tenure shall apply in accordance with the stipulations;
(b) The Myanmar Motion Picture Enterprise may, after causing the prescribed fee to be
paid extend the tenure of the Cinema Hall Licence.

28. The Myanmar Motion Picture Enterprise-
(a) shall determine the terms and conditions to be abided by the Cinema Hall Licence
holder;
(b) may punish the Cinema Hall Licence holder who violates any of the terms and
conditions prescribed under sub-section (a) w ith a fine from a minimum of kyats 1000 to
a maximum of kyats 10000. In addition it may revoke the Cinema Hall Licence.
29. The Cinema Hall Licence shall become invalid ated on the expiry of the tenure or on
revocation or when surrendered by the Cinema Hall Licence holder.

Chapter VII
Appeals
30. A person dissatisfied with the decision or or der passed by the Motion Picture Censor
Board or Myanmar Motion Picture Enterprise may file an appeal to the Ministry of
Information within 30 days from the date of such decision or order.
31. The Ministry of Information may, in respect of the appeal, confirm, set aside or revise
the decision or order of the Censor Board or the Myanmar Motion Picture Enterprise or
direct a re-scrutiny or re-examination to be made.
32. The decision of the Ministry of Info rmation shall be final and conclusive.

Chapter VIII
Offences and Penalties
33. Whoever commits any of the following acts shall, on conviction, be punished with
imprisonment for a term which may extend to 1 year or a fine which may extend to kyats
100000 or with both and in the case of a conti nuing offence, be punished with a further
fine of kyats 1000 for each day during which the offence continues. In addition, the
exhibitions which relate directly to such offence shall be liable to confiscation-
(a) carrying on any type of mo tion picture business mentioned in section 4, without the
Motion Picture Business Licence;
(b) exhibiting a motion picture film without the Motion Picture Censor Certificate.
34. Whoever carries out exhibition of motion picture without the Cinema Hall Licence
shall be punished with imprisonment for a term which may extend to 6 months or a fine
which may extend to kyats 50000 or with both and in the case of a continuing offence, be
punished with a further fine of kyats 500 for each day during which the offence
continues.

Chapter IX
Miscellaneous
35. (a) A Foreign Diplomatic Organization or United Nations Organization desirous of
exhibiting imported motion pictur e film to the public shall submit the same to the Motion
Picture Censor Board for examination;
(b) The Motion Picture Censor Board may, after examination
(i) permit public exhibition, if it deems appropriate to do so;
(ii) permit, after excising the portion unsuitable for public exhibition and retain the
excised portion before returning the motion picture film abroad;
(iii) permit exhibition only to reserved audi ence, within the premises of the relevant
Foreign Diplomatic Organization or United Nations Organization.
36. The Myanmar Motion Picture Enterprise sh all be exempted from paying taxes and
duties for the Motion Picture Busi ness Licence, Cinema Hall Licence
and Motion Picture Censorship.
37. The Ministry of Information may by notif ication, exempt Government departments
and organizations, from any of the provisions of this Law.
38. Offences under this Law are prescribed as offences cognizable by the Myanmar
Police Force.
39. The Myanmar Motion Picture Enterprise shall:-
(a) carry out the office work and
(b) bear the expenditure of the Motion Picture censor Board and the Assessment Board.
40. (a) The rules, orders and directives which have been issued under the Union of
Myanmar Motion Picture Law,4 962, may continue to be applicable in so far as they are
not inconsistent with the provisions of this Law;

(b) The existing Motion Pict ure Censor Board, Appellate Authority Board and the
Licensing Authority which have been form ed under the Union of Myanmar Motion
Picture Law, 1962 may continue to perform their duties, before the Motion Picture
Censor Board and Assessment Board can be formed under this Law;
(c) The Licence, Certificate for motion pict ure films and registration of motion picture
business which have been granted under the Union of Myanmar Motion Picture Law,
1962 shall be deemed to be valid until the day of expiry of their tenure.

41. For the purpose of carrying out the provisions of this Law:-
(a) the Ministry of Informati on may issue such rules and pro cedures as may be necessary,
with the approval of the Government;
(b) the Ministry of Information, Myanmar Motion Picture Enterprise, Motion Picture
Censor Board or Assessment Board may issu e such orders and directives as may be
necessary.
42. The Union of Myanmar Motion Picture Law, 1962 is hereby repealed.
Sd./Than Shwe
Senior General
Chairman
The State Law and Order Restoration Council