Annotated Republic of China Laws/Motion Picture Act/1983

Chapter 1 General Principles

 * Article 1
 * This law has been specially formulated for regulating and providing guidance to motion picture enterprises as well as promoting the development of the motion picture art, in order to disseminate Chinese culture, expound national policy, fulfill its social educational function, and advocate healthy recreation. Matters not provided for in this Law shall be governed by the provisions of other pertinent laws.
 * /Article 2/ (later amended)


 * Article 3
 * The responsible person of a motion picture enterprise shall be a graduate from a secondary or tertiary school, or have equivalent qualifications. This limitation does not apply to those already registered as responsible persons of motion picture enterprises before this Law takes effect.
 * Article 4
 * The following persons shall not be the responsible person of a motion picture enterprise:
 * 1) Those who have committed sedition or treason and have been convicted, or whose arrest has been ordered and whose case is still pending.
 * 2) Those who have been sentenced to a prison term of one year or more for committing the offense of fraud, breach of faith, or misappropriation, or for violating the laws governing industrial and commercial activities, and who have completed their prison term less than two years ago.
 * 3) Those who have been sentenced to at least a fixed prison term for violating the law in the course of motion picture production, distribution or screening, and who have completed their prison term less than two years ago.
 * 4) Those who have been convicted of committing the offense of graft or malfeasance of office, and who have completed their prison term less than two years ago.
 * 5) Those who have been declared bankrupt and whose rights have not yet been restored.
 * 6) Those who have been declared incapable of conducting their affairs or as having limited capability to do so.
 * /Article 5/ (later amended)


 * /Article 5-1/ (later deleted)

Chapter 2 Motion Picture Production Enterprises

 * /Article 6/ (later amended)


 * Article 7
 * Except for enterprise that produce exclusively non- dramatic films, a motion picture production enterprise shall complete at least one feature- length film each year beginning in the second year of its registration. This provision may be waived upon the submission of proper reasons to the central authority in charge and on receiving its approval.

Chapter 3 Motion Picture Distribution Enterprises

 * /Article 8/ (later amended)


 * Article 9
 * A motion picture distribution enterprise shall distribute at least one motion picture each year beginning from the day of company registration.

Chapter 4 Motion picture Screening Establishments

 * /Article 10/ (later amended)


 * /Article 11/ (later deleted)


 * Article 12
 * A motion picture screening establishment shall screen films and slides promoting government policy and public service in accordance with the stipulations by the central authority in charge.
 * Article 13
 * A motion picture screening establishment shall follow the stipulations set by the central authority in charge regarding the number of movie screenings, the interval between screenings, and the length of time for cleaning and presenting advertisements.
 * /Article 14/ (later amended)


 * Article 15
 * A motion picture screening establishment shall conspicuously display the length of the film and the time of the screenings at the screening site during every film screening.
 * Article 16
 * A motion picture screening establishment shall not:
 * 1) Screen either in whole or in part a motion picture that has not been licensed for showing.
 * 2) Screen either in whole or in part a banned motion picture.
 * 3) Screen a motion picture that does not correspond with the reviewed and authorized title.
 * 4) Screening a motion picture the plot of which has been changed.
 * 5) Jointly monopolize the motion picture exhibition market.
 * 6) Use advertisements or promotional materials that have not been authorized.
 * /Article 17/ (later amended)

Chapter 5 Motion Picture Industrial Enterprises

 * /Article 18/ (later amended)


 * Article 19
 * Rules governing motion picture industrial enterprises shall be set by central authority in charge.

Chapter 6 Motion Picture Industry Workers

 * Article 20
 * A worker in the motion picture industry shall apply for a certificate of registration in accordance with the stipulations set by the central authority in charge.
 * Those who have not received a certificate of registration shall not participate in planning, scripting, directing, or acting in domestically- produced motion pictures.
 * Article 21
 * A worker in the motion picture industry shall not make any statement or engage in any action that harms the nation or motion picture enterprises.

Chapter 7 Motion Picture Export and Import

 * Article 22
 * The export and import of motion pictures shall undergo review and have a permit issued by the central authority in charge.
 * The rules governing the granting of permits mentioned in the preceding paragraph shall be determined by the central authority in charge.
 * Article 23
 * Imported foreign motion pictures shall be dubbed in standard Chinese or have Chinese subtitles superimposed during commercial screenings.

Chapter 8 Motion Picture Reviews

 * Article 24
 * Except for educational films that are approved and permitted by the competent educational administrative authorities, no other motion picture that has not been reviewed, approved, and issued a screening license may be screened.
 * Article 25
 * When applying for the review of a motion picture, a completed application shall be submitted along with the following documents and review fees to the central authority in charge:
 * 1) Certificate of copyright in the case of a domestic or domestically- produced motion picture, or certificate of distribution rights in the case of a foreign motion picture.
 * 2) Synopsis of said motion picture.
 * 3) Certificate of customs payment for an imported foreign motion picture.
 * 4) Other documents required by law.
 * Article 26
 * A motion picture shall not:
 * 1) Harm the national interest or ethnic dignity.
 * 2) Violate national policy or government laws and regulations.
 * 3) Incite others to commit crime or violate the law.
 * 4) Harm the physical and mental health of juveniles or children.
 * 5) Disrupt public order or adversely affect good social customs.
 * 6) Advocate unfounded fallacies or mislead the public.
 * 7) Slander ancient sages and virtuous historical figures distort historical facts.
 * The revision, cutting or banning of a motion picture shall be ordered if it is found by the central authority in charge during its review to violate any provisions of the preceding paragraph.
 * /Article 27/ (later amended)


 * Article 28
 * Application for review shall be made again for a motion picture in accordance with the provisions of article 25 in the event that :
 * 1) Its screening license has expired but it must still be screened.
 * 2) The plot of the motion picture has been altered during the valid period of the screening license.
 * 3) The reasons for its revision, cutting or banning no longer exist.
 * 4) A screening license has been issued after the first review of a motion picture and its title has been altered prior to its screening but during the effective period of the screening license.
 * Article 29
 * The central authority in charge may stop the screening of a motion picture that has been issued a screening license should the conditions indicated in any of the sections of Paragraph 1 of Article 26 arise due to a change in circumstances. The motion picture shall be reviewed again and new approval given.
 * /Article 30/ (later amended)


 * Article 31
 * The advertisements and promotional materials for a motion picture shall be submitted to the central authority in charge for review and approval prior to their use.
 * Article 32
 * During the screening of a motion picture, the authority in charge may dispatch personnel bearing identification documents to the screening site for inspection. Should they discover that the screening involves a matter wherein they should confiscate the motion picture according to this Law, it shall be confiscated by the authority in charge.
 * When a motion picture is confiscated by the authority in charge in a province, special municipality, county or city as called for in the preceding paragraph, the entire case shall be referred immediately to the central authority in charge for consideration and action.

Chapter 9 Incentives and Guidance

 * Article 33
 * A motion picture produced by a film production enterprise shall be cited for:
 * 1) Contributing to the dissemination of Chinese culture and coordination with national policy.
 * 2) Being greatly effective in inspiring patriotic sentiment and boosting the morale of the people.
 * 3) Being profoundly meaningful in advocacies of ethics and morality and establishing proper social practice.
 * 4) Contributing tremendously to the development of the market for domestically- produced motion pictures and the promotion of cultural exchange.
 * 5) Performing with distinction when entered in international film exhibitions and winning honor for the nation.
 * Article 34
 * A motion picture distribution enterprise shall be cited for:
 * 1) Frequently distributing motion pictures that disseminate Chinese culture, inspire patriotic sentiment, and promote ethics and morality.
 * 2) Making notable contributions by frequently distributing high- quality motion pictures.
 * 3) Making notable contributions by expanding the market for domestically- produced motion pictures and promoting cultural exchange.
 * Article 35
 * A motion picture screening establishment shall be cited for:
 * 1) Displaying activeness in matching government policy by screening promotional films on such policies.
 * 2) Frequently presenting motion pictures that disseminate Chinese culture, inspire patriotic sentiment, and promote ethics and morality.
 * 3) Maintaining good safety facilities, and a clean and orderly screening site.
 * Article 36
 * A motion picture industrial enterprise shall be cited for:
 * 1) Making tremendous contributions to the invention and manufacture of motion picture equipment.
 * 2) Making tremendous contributions to the improvement of motion picture production techniques.
 * 3) Having substantial achievements in the development of international business operations.
 * Article 37
 * A worker in the motion picture industry shall be cited for:
 * 1) Well-known meritorious accomplishments in the dissemination of Chinese culture, inspiration of patriotic sentiment, and promotion of ethics and morality.
 * 2) Performing in an outstanding and exemplary way by winning honor for the nation or furthering social education.
 * 3) Making contributions by the innovation of a motion picture style or achieving a breakthrough in cinematic o production techniques.
 * Article 38
 * Except for those cases in which other laws are applicable and thus shall be handled accordingly, the citations mentioned in the preceding five articles shall be conferred by the central authority in charge in the form of certificates, medals, trophies, or monetary awards.
 * /Article 39/ (later amended)


 * /Article 40/ (later deleted)


 * Article 41
 * Rules governing the awarding and guidance of motion picture enterprises and workers in the motion picture industry shall be set by the central authority in charge.

Chapter 10 Penal provisions

 * Article 42
 * Those who produce, distribute, screen, or supply equipment, facilities and techniques without filing an application for a permit in accordance with the provisions of Articles 6, 8, 10 and 18, shall be fined more than NT$30,000 but less than NT$180,000, the motion picture or equipment and facilities shall be confiscated and the business closed.
 * Article 43
 * If a motion picture production enterprise violates the provisions of Article 7 and does not produce a motion picture within six months of written notification by the central authority in charge, its permit shall be revoked.
 * Article 44
 * A motion picture distribution enterprise that violates the provisions of Article 9 shall have its license revoked.
 * /Article 45/ (later amended)


 * /Article 46/ (later amended)


 * Article 47
 * The central authority in charge shall not accept an application to review a film production by a motion picture production enterprise that employs a person without a certificate of registration in the planning, scripting, directing or acting of said film.
 * Article 48
 * A worker in the motion picture industry who violates the provisions of Article 21 shall be issued a warning or barred from participating in the planning, scripting, directing or acting in a domestic or domestically- produced motion picture for more than three months but less than six months. Serious offenders shall have their certificates of registration revoked.
 * Article 49
 * A person who forges, illegally changes the contents of, or uses anther's screening license shall be fined more than NT$60,000but less than NT$6000,000, the motion picture shall be confiscated and his business operation suspended for a minimum of five days but not more ten days. His criminal responsibility shall be dealt with in accordance with pertinent laws.
 * Article 50
 * A motion picture that is confiscated in accordance with Article 42, Paragraph 2 of Article 45, or Article 46 or 49 shall be expropriated if it is found to involve any of the situations prescribed in Paragraph 1 of Article 26. If it is not found to violate Paragraph 1 of Article 26, the motion picture shall be returned after punitive action has taken.
 * /Article 50-1/ (later added)


 * Article 51
 * In the event of violation of the provisions of Article 16 by a motion picture screening establishment or an exhibitor, whose motion picture, advertisements and promotional materials are provided by the motion picture possessor for screening o use, said motion picture owner who does not provide a screening license shall be similarly fined.
 * Article 52
 * The penalties provided for in this Law shall be executed by the central authority in charge. But the penalty prescribed in Section 3 of Paragraph 1 of Article 45 shall be executed by the authority in charge in a special municipality, county or city.
 * Article 53
 * If a fine imposed in accordance with this Law is not paid within the specified period of time as notified, the case shall be referred to the courts for compulsory enforcement.
 * Article 54
 * In the event that a party incurring a penalty refuses to comply with a suspension or closing of business in accordance with this Law, the assistance of the local police shall be requested to help enforce the penalty.

Chapter 11 Supplementary Provisions

 * Article 55
 * A motion picture enterprise established before the enactment of this Law that does not conform to this Law shall be required to comply with this Law within a specific period of time set by the central authority in charge. Those which do not comply within the specified period of time shall have their permits or licenses revoked.
 * Article 56
 * Applications for the issuance of permits, certificates of registration, screening license or for motion picture review in accordance with this Law shall be submitted with a license fee or review fee. The fees shall be set by the central authority in charge.
 * Article 57
 * The Enforcement Rules of the Motion Picture Law shall be set by the central authority in charge.
 * Article 58
 * The Law shall come into force on the day of its promulgation.