Classification of Publication (Censorship) Act 1989, Restricted-Publication and “R”-Film Supply to Minors
Classification of Publication (Censorship) Act 1989 (PNG), No. 18 of 1989, ss. 2, 33, 62-63, 76-77
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An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Censorship Board and Chief Censor, Papua New Guinea
- Audit expectation
- none
What it requires
- Applies to a publisher, seller, hirer, displayer or deliverer of a restricted publication or an “R” film or its advertising matter, and to a person in charge of or with management or control of a restricted publication area. It does not apply to a publication sponsored by the National Government or a Provincial Government.
- Do not sell, let on hire, display or deliver a restricted publication, or an “R” film or its advertising matter, to a minor (a person under 18).
- Do not publish such a publication, film or advertising matter in a public place unless it is sealed or wrapped with its classification markings visible; publishing otherwise than in accordance with these conditions is an offence.
- If you are in charge of or have management or control of a restricted publication area, do not permit a minor to enter it, and display a notice of the restriction at each entrance. A reasonable belief that the person was 18 or older is a defence to a charge of permitting a minor to enter.
- Conform your publishing and broadcasting of publications to the standards the Censorship Board determines.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Under s. 76, publishing a classified publication or film otherwise than in accordance with its conditions or restrictions, including selling, hiring, displaying, or delivering a restricted publication or an “R” film to a minor, is punishable by a fine not exceeding K2,000.00 for a body corporate, or a fine not exceeding K500.00 or imprisonment for a term not exceeding three months, or both, for an individual. Under s. 77(3), permitting a minor to enter a restricted publication area, or failing to post the required notice at its entrance, is punishable by a fine not exceeding K5,000.00 for a body corporate, or a fine not exceeding K500.00 or imprisonment for a term not exceeding three months, or both, for an individual.
Penalty structure
Body-corporate cap under s. 76 for publishing a classified publication (a restricted publication or an “R” film) otherwise than in accordance with its supply conditions, including sale, hire, display, or delivery to a minor; an individual instead faces a fine of up to K500.00 or imprisonment for up to three months, or both. The separate restricted-publication-area offence under s. 77(3) carries a higher body-corporate cap of K5,000.00, with the same individual penalty.
- Rule
- Fixed only
- As of
- Currency
- PGK
- Fixed cap
- 2,000
What it reaches
Age threshold
18
Covered services
A publisher, seller, hirer, displayer, or deliverer of a restricted publication or an “R” film or its advertising matter, and a person in charge of or with management or control of a restricted publication area; the Censorship Board's publishing and broadcasting standards also bind a broadcasting licensee.
Obligation class
Prohibition
What it makes you log
Logging duty
The cited provisions bar supply of a restricted publication or R film to a minor and regulate display and restricted publication areas; they name no record of an age check. The Act elsewhere has the Board chairman keep a record of the Board decisions; that is a Board duty in sections this row does not cite and is not borrowed.
- Kind
- None
- As of
What this law does
A publication classified as a restricted publication, or a film or advertising matter classified as an “R” film, may not be sold, let on hire, displayed, or delivered to a minor. A minor is a person under the age of 18 years. Such a publication, film, or advertising matter may not be published in a public place unless it is sealed or wrapped with its classification markings visible.
A person who publishes a classified publication or film otherwise than in accordance with these conditions is guilty of an offence. Separately, a person in charge of or with management or control of a restricted publication area must not permit a minor to enter that area. That person must also display a notice of the restriction at each entrance to the area.
It is a defence to a prosecution for permitting a minor to enter a restricted publication area to show a reasonable belief that the person was 18 years of age or older. The Censorship Board determines the standards to which publishing and broadcasting of all publications must conform. The Act does not apply to a publication sponsored by the National Government or a Provincial Government. No day on which the Act came into force has been located.
When LexLint raises it
When your app profile says your app publishes adult content.
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