FILMS BILL

Order for Second Reading read. 4.55 p.m.

The Minister for Foreign Affairs and Minister for Culture (Mr S. Dhanabalan): Mr Deputy Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The problems of censorship in Singapore today are more complex than a decade ago, Mass travel has made it very difficult for a society to filter foreign influences. Just as bad money drives out good money, debased values and bizarre life-styles spread from country to country, undermining and eroding established virtues and values. All these have changed the problems of censorship. Technological advances, for example, have brought about the invention of video tapes and video discs which make it possible for films hitherto viewed only in cinema halls to be available for private viewing. This has also introduced new censorship problems as obviously it is easier to monitor what is shown in cinemas than what is viewed at home.

Video tapes are coming into Singapore in large numbers; some of them are objectionable because of violent or nude scenes while others are outright pornographic. Because of their very compactness, they are easily smuggled in, duplicated and distributed in large numbers. Video libraries have mushroomed, exhibiting and distributing tapes, many of which are either uncensored, objectionable or pornographic. We are a highly urbanized society and in a relatively short time few segments of our population will be left untouched by this media.

The problem of monitoring and controlling what is communicated through video tapes is a world-wide one. We have no model to emulate in dealing with this problem. The Western countries gave up censorship even before the mass advent of video tapes. So they have not even tried to face up to this problem. In other countries like Japan, censorship is voluntary through the Video Tape Ethics Council. The Japanese are far more permissive in their standards than anything we would contemplate. But somehow there is not the same massive erosion of traditional sexual moralities and the family institution in Japan. What gives their society this strength merits more study by us, which we will do. Hence, I would not want to suggest that with the passage of this Bill we would have found a final solution to the problems of the deleterious and destructive values and life-styles that are prone to be purveyed through films and video tapes. The matter will continue to be studied and legal and administrative measures will have to be revised in the light of experience and technological developments.

But we cannot wait until we have a more perfect system to deal with this problem. Something has to be done now, It is with this in mind that we have drafted the Films Bill. This Bill retains, in the main, the provisions of the existing Films Act. The main changes relate to licensing provisions and enhancement of penalties relating to uncensored or pornographic films, tapes and other records. As the provisions are outlined in the Explanatory Statement to the Bill, I shall therefore dwell only on those important provisions which introduce licensing control of the trade and the enhanced penalties.

Clause 6 deals with the requirement for licensing. I have stated before in this House that the video tape distribution and lending business has attracted more than its fair share of crooks and charlatans. For successful supervision of this trade, the close cooperation of the trade is essential. We must evolve a system, over time, which combines Government administrative measures and a large measure of voluntary actions on the part of the trade. To achieve this, we must weed out criminal and irresponsible elements from the trade. Thus the requirement for licensing. Anyone who carries on the business of importing, making, distributing or exhibiting video tapes without a licence or anyone who allows his place to be used by an unlicensed operator will be guilty of an offence and is liable on conviction to a fine not less than $5,000 but not exceeding $20,000 or to an imprisonment term not exceeding six months or to both fine and imprisonment. All applicants will be screened and conditions will, where necessary, be imposed on the licences issued, and the licensee will be required to furnish a deposit or bank guarantee. If he breaches any of the conditions, his deposit will be forfeited and his licence revoked. The person aggrieved by the forfeiture of his deposit can appeal to the Minister.

The Bill also enhances the penalties for the exhibition, distribution and possession of uncensored and pornographic tapes. The penalties are on per copy basis. Under clause 21, the penalty for possession, exhibition and distribution of uncensored tapes is a fine of not less than $100 per copy but not exceeding the aggregate of $20,000. For exhibition and distribution, there is also provision for an additional penalty of an imprisonment term not exceeding six months. The penalties are heavier for the possession, exhibition and distribution of pornographic tapes. Under clause 29, the penalties for possession of pornographic tapes are a fine of not less than $500 per copy but not exceeding the aggregate of $20,000 or an imprisonment term not exceeding six months or both fine and imprisonment. The penalties for exhibition and distribution of pornographic tapes are higher, being a fine of not less than $1,000 per copy but not exceeding the aggregate of $40,000 or an imprisonment term not exceeding two years or both fine and imprisonment. The Bill also provides for the tapes and equipment involved in the commission of offences relating to uncensored or pornographic tapes to be confiscated and destroyed. This should prove to be an effective deterrent.

To further tighten the control of the trade in video tapes, clause 14 provides that every tape in the possession of any person shall be submitted without any alteration or excision for censorship. This compulsory censorship, however, will not apply to any recordings of local television programmes that are not intended for distribution or public exhibition. It will also not apply to other recordings made by individuals which are not intended for distribution or public exhibition, but such recordings must not be of any feature, commercial, documentary or overseas television film.

Under clause 35 (2) the Minister retains the power to exempt any person or film from any provision of this Bill, subject to such conditions as he thinks fit. The exemption can be withdrawn at any time if it is abused.

Sir, I beg to move.

Question proposed. 5.04 p.m.

Mr Tan Soo Khoon: Mr Deputy Speaker, Sir, this Bill seeks to strengthen as well as to amend the existing laws relating to the possession, distribution and the exhibition of films. No doubt, it has been prompted by the growing popularity of video tapes as can be seen by clause 2 which now seeks to extend the definition of "film" to include video tapes as well as the latest development, video discs.

Sir, all of us in this House are aware of the necessity for this Bill, particularly with the revelation by the Minister in this House earlier this year and again just a while ago that some operators of video libraries are characters of less than desirable standing. Adequate protection must be given to members of the public to ensure that they are protected against those who seek to enrich themselves by catering to baser needs through the distribution of films that contain excessive sex and pornography, As we all know, whenever there is something popular going on, there will always be those who are out to make a fast buck from innocent victims. Those who do their business honestly have nothing to fear on the implementation of this legislation. It is those flyby-night operators that some of the provisions of this legislation is directed.

Sir, I feel, however, that this Bill does not provide sufficient protection for members of the public. Some operators of video libraries are still charging subscription fees as well as entrance fees for those who intend to borrow films from them. If their licence is revoked or suspended because they have contravened the Act, the subscribers will lose everything. What I would like to know is whether the security deposit provided for under clause 8 can be used to compensate innocent members of the public who will lose their money if the libraries they subscribe to are forced to close, in the same way as we provide for travellers to be compensated if they are victimized by unscrupulous travel agents.

Sir, I have another point to raise and this relates to clause 14. Under clause 14, every film must be submitted for censorship. As was reported not long ago, films which have been submitted to the Board of Film Censors take a long time to be censored. There have been instances of films taking up till six months to a year before they are approved. I would like to ask the Minister whether there is now sufficient manpower in the Board of Film Censors to ensure that films are censored quickly.

Mr Dhanabalan: Sir, I would just like to answer the two points raised by the hon. Member. First, the point relating to deposits. As the Bill is now drafted, it is not intended that the deposit be used to pay off subscribers in the event that the licensee's business is closed. But, as I mentioned earlier, licences will be issued with conditions. In the course of imposing these conditions or drafting these conditions, we will certainly take into account the interests of the subscribers, and I can well envisage a situation where a condition may be imposed requiring a further deposit or some other measure which can lend some protection of the kind that the hon. Member has in mind. But this is something that will have to be studied further.

The second point relates to the time taken for censorship, I am glad to report that we have recruited additional staff and censorship is now done much more quickly. We will also be introducing administrative procedures whereby training films brought by reputable firms or other institutions may be exempted from censorship or some other procedure may be established which will enable them to take out their films without any delay. These measures will be taken to expedite the censoring of films.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Dhanabalan].

Bill considered in Committee.

[Mr Deputy Speaker in the Chair]

Clauses 1 to 5 inclusive ordered to stand part of the Bill.

Clause 6 -

Mr Dhanabalan: Mr Deputy Speaker, Sir, I beg to move the amendment* as set out in the Order Paper Supplement.

• The amendment, standing in the name of the Minister for Foreign Affairs, reads as follows: In page 3, line 10: to leave out from "person" to the end of line 26 and insert - "- (a) shall carry on any business, whether or not the business is carried on for profit, of importing, making, distributing or exhibiting films unless he is in possession of a valid licence; or (b) being the owner or occupier of any place shall allow the place to be used by, or let the place or otherwise make the place available to, any person who is not the holder of a valid licence for the purpose of carrying on the business of importing, making,distributing or exhibiting films. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of not less than five thousand dollars but not exceeding twenty thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.".

This amendment does not alter the substance of the Bill. It is merely a drafting correction which removes any ambiguity and makes the purpose clearer.

Amendment agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

Clauses 7 to 38 inclusive ordered to stand part of the Bill.

Bill reported with an amendment; read a Third time and passed.