LAW NO. 88/017 OF 16 DECEMBER 1988 ESTABLISHING THE GUIDELINES OF CINEMATOGRAPHIC ACTIVITY
The National Assembly deliberated and adopted, and the President of the Republic promulgates the following law:
CHAPTER I: GENERAL PROVISIONS
Article 1. – Film activity falls within the field of audiovisual communication and is subject to the special legislation relating to the arts, intellectual property, commerce, and industry.
Article 2. – (1) Film activity is defined as the production, distribution, or exhibition of cinematographic films by natural or legal persons holding prior authorization issued under conditions established by regulation.
(2) Production, distribution, and exhibition constitute distinct activities. They give rise, where applicable, to separate authorizations.
(3) The cessation of any of the activities listed above, as well as any change of company name, must be reported in advance to the Minister responsible for film affairs.
Article 3. – The exercise of cinematographic activity gives rise to the payment of duties and taxes, the rates and collection methods of which are established by law.
CHAPTER II:
PRODUCTION
Article 4. – (1) The production of a cinematographic work consists, for this law, of a natural or legal person, referred to as “the producer,” taking the initiative and financial responsibility for the creation of that work.
Article 5. – The authorization referred to in Article 2 above is valid for a single film.
This authorization is issued after consultation with a Commission whose composition and operation are established by regulation.
Article 6. – Foreign natural or legal persons applying for authorization to produce films in Cameroon must also comply with the regulations governing the conduct of business by foreigners.
Article 7. – If the development and editing of films are carried out in Cameroon, their export is subject to the producer or director obtaining authorization issued under conditions established by regulation.
Article 8. – If film development and editing cannot be carried out in Cameroon, they must take place in a country where Cameroon has diplomatic or consular representation.
After development and editing, the positive print must be submitted for inspection by the Cameroonian diplomatic or consular representative accredited to that country.
CHAPTER III:
DISTRIBUTION
Article 9. (1) For this law, a film distribution activity is defined as the act by which any natural or legal person delivers a film, whether produced, acquired, transferred, or licensed, to the distribution circuit, regardless of its genre or format.
(2) The act by which a film producer delivers their work to the distribution circuit does not constitute a distribution activity for this law.
Article 10. No film, regardless of its genre or format, may be distributed in Cameroon for public screenings, for commercial, educational, or cultural purposes unless it has obtained the authorization provided for in Article 2 above, except as otherwise provided by regulation.
CHAPTER IV:
EXPLOITATION
Article 11. – Cinematographic exploitation, as defined in this law, is the act by which a natural or legal person either projects or causes to be projected a cinematographic work in a public place, or makes this work available to the public.
Article 12. – This exploitation takes the following three forms:
– fixed location exploitation;
– videogram exploitation;
– mobile exploitation.
Article 13. – Fixed location exploitation, as defined in this law, is exploitation organized permanently in premises that comply with the general rules of hygiene, safety, and public order established by the relevant regulations. It applies to all film formats.
Article 14. – Videogram exploitation, as defined in this law, is the sale or rental of video cassettes.
Article 15. – Licenses for fixed location and videogram exploitation are valid for a single use only.
Article 16. (1) For this law, a mobile cinema is defined as one that is occasionally organized in premises not originally intended for that purpose.
(2) Film screenings carried out under the conditions stipulated in paragraph 1 above must be conducted using portable equipment with the authorization of the municipal authority within time limits set by regulation.
Article 17. (1) Tickets sold by any fixed or mobile cinema are those of the organization responsible for the development of the film industry. To this end, such cinemas are subject to daily and monthly revenue reporting.
(2) The organization for monitoring cinema revenue is established by regulation.
Article 18. Fixed or mobile cinema operators must take out insurance against fire, personal injury, and property damage that may be caused to third parties.
This insurance must be presented to the Local Hygiene, Safety and Police Commission for cinemas before they begin operating, or upon request.
Article 19. – Every film shown in Cameroon must first obtain the authorization stipulated in Article 2 above.
CHAPTER V:
ON THE REPRESSION OF OFFENSES
Article 20. – Judicial Police officers with general jurisdiction and agents designated by the ministerial department responsible for cinematography are authorized to investigate offenses against this law. Article 21. –
(1) Agents designated by regulation to investigate offenses, as provided for in Article 20 above, shall take an oath at the request of their administration before the Court of First Instance of the locality where they reside. This oath is renewable.
(2) Sworn agents of the administration concerned:
– are Judicial Police officers with special jurisdiction;
– may, in accordance with regulations, request the assistance of law enforcement in the performance of their duties;
– investigate offenses, seize the corpus delicti as well as objects used in the commission of the offenses;
– must carry their professional identification card and authorization when performing an act of their duties.
Article 22. – Offense reports drawn up pursuant to this law shall include the following information:
– the date of the offense in full;
– the full name of the sworn reporting officer and their rank, position, and place of duty;
– the date, time, and location of the offense, the full name of the accused, and a description of the offense;
– the statement and signature of the accused, or, where applicable, their refusal to make a statement or sign the report;
– the references to the articles of the laws prohibiting or punishing the act committed.
Article 23. – The first copy of each report shall be sent to the provincial head of the administration responsible for cinematography, and the second to the Minister responsible for cinematography.
Judicial Police officers with general jurisdiction shall also send a copy to the usual authorities.
Article 24. – (1) Violations of the provisions of Articles 2, 3 (b), 10, 13, 17, and
19 of this law shall be punishable by a civil fine of forty thousand (40,000) to ten million (10,000,000) francs, without prejudice to the victim’s right to claim damages before the competent courts.
(2) In addition, the following administrative sanctions may be imposed:
– closure of the cinema for a period of 5 (five) to 15 (fifteen) days;
– confiscation of the films and sound recordings in question;
– temporary withdrawal of the authorization for 1 (one) to 3 (three) months in the case of mobile screenings or video cassettes;
– the first two sanctions may be combined.
Article 25. – The sanctions provided for in Article 24 above shall be imposed by decision of the provincial head of the administration responsible for cinematography, who shall transmit a copy thereof, by any means leaving a written record, to the person concerned as an order for payment to the public treasury, to the territorially competent head of the Treasury services, and to the Minister responsible for cinematography.
Article 26. Fines are paid voluntarily to the Treasury services against a receipt by the offender, or, where applicable, give rise to the implementation of the forced recovery procedure for State debts, initiated by the Treasury services, three months after receipt of the corresponding decision.
Article 27. Seized items, except for those whose possession is unlawful, are returned to the owner after proof of payment of the full amount of the fine imposed, and possibly after the regularization or cessation of the unlawful situation.
In the absence of payment, the seized items may be auctioned by the Public Treasury, in accordance with the forced recovery procedure for State debts. In any event, the destruction of items whose possession is unlawful is ordered by decision of the Minister responsible for cinematography.
Article 28. (1) In the event of a repeat offense, or the commission of the offenses stipulated in Article 30 below, the Minister responsible for cinematography may, notwithstanding the imposition of a fine as provided for in Article 21 above, impose the following administrative sanctions:
– closure of the establishment for a period of one to three months;
– permanent withdrawal of the authorization.
(2) The individual subject to the sanction of withdrawal of authorization may not obtain a new authorization to carry out the activity in question for a period of three years, and the seized items are confiscated and then subject to public auction, as provided for in Article 23 above.
Article 29. – When the observed facts constitute a criminal offense, without prejudice to the rights of the victim or the powers of the Public Prosecutor’s Office, as defined by applicable law, the Minister responsible for cinematography shall order the provincial official in charge of cinematography to transmit the original report and the seized items to the territorially competent Public Prosecutor’s Office for legal proceedings.
A copy of this correspondence shall be sent to the Minister of Justice.
In this case, the competent courts shall rule in accordance with ordinary law, notwithstanding the administrative regulations issued pursuant to Articles 21 to 24 of this law.
Article 30.- Any person who distributes, projects or causes to be projected in a public place or place open to the public during a public screening, or makes available to the public, shall be liable to imprisonment for a term of 6 months to 2 years and a fine of 400,000 to 10,000,000 francs (four hundred thousand francs to ten million francs), or to one of these penalties only:
– prohibited films;
– films lacking regulatory authorization;
– films prohibited to those under 13 (thirteen) years of age, or to those under 18 (eighteen)
years of age, when such minors have been admitted to the screening room;
– one or more censored parts of a film.
CHAPTER VI: MISCELLANEOUS PROVISIONS
Article 31. Natural or legal persons carrying out their activities in Cameroon shall have a period of 12 (twelve) months from the date of promulgation of this law to regularize their situation.
Article 32. Specific texts shall, as necessary, establish the other implementing provisions of this law.
Article 33. All provisions contrary to this law are hereby repealed, and in particular those of Law No. 71/1 of September 6, 1971, concerning the suppression of the screening of prohibited or unauthorized films.
Article 34. This law shall be registered, promulgated, and then published in the
Official Gazette in French and English.
Yaoundé, December 16, 1988
The President of the Republic, Paul Biya
DECREE No. 89/493 OF MARCH 20, 1989 ESTABLISHING GENERAL RULES OF HYGIENE, SAFETY AND POLICE IN CINEMATOGRAPHIC THEATERS
The President of the Republic,
Having regard to the Constitution;
Having regard to Law No. 80/017 of December 16, 1988 establishing the guidelines for cinematographic activity,
Decrees:
CHAPTER ONE: GENERAL PROVISIONS
Article 1. No public film screening, whether paid or free, may be given in a venue that does not comply with the general hygiene, safety, and public order regulations prescribed by this decree.
Article 2. (1) Notwithstanding the preceding article, occasional film screenings may be organized in premises occasionally used as performance venues, subject to authorization from the municipal authority.
(2) “Premises occasionally used as performance venues” means any building which, while not primarily intended for cinema use, is used for this purpose for no more than sixty days per year, and for fewer than three consecutive days.
CHAPTER II:
HYGIENE REGULATIONS
Article 3. Premises intended for film screenings must comply with the regulations issued by public authorities concerning the cleanliness and hygiene of public places.
They must be equipped with sanitary facilities and running water that are constantly maintained in good working order.
They may not be located adjacent to unsanitary establishments.
Article 4. – A decree of the Minister responsible for public health, issued at the initiative of the Minister responsible for cinematography, shall specify in detail the health regulations referred to in the preceding article.
CHAPTER III:
SAFETY REGULATIONS
Article 5. – The location and construction of cinemas, the layout of exits, staircases and seating, the lighting system and electrical and technical installations must be carried out in a manner conducive to preventing fires, facilitating firefighting, and promoting smoke evacuation.
A decree of the Minister responsible for construction shall specify in detail the technical characteristics and rules necessary for the application of the provisions of the paragraph above.
Article 6. – In order to facilitate firefighting, each cinema must be equipped with equipment capable of fighting a small fire, which must be maintained in good working order at all times.
This equipment must be placed in easily accessible locations near the walls of the auditorium and at a maximum distance of 18 meters. The manager of the venue designates a person responsible for it, who must be present in the auditorium for every film screening.
The venue’s fire safety personnel must be trained in the operation of the equipment and must be able to present, upon request, a certificate issued for this purpose by the relevant authorities.
Article 7. In towns with a water distribution network, fire hoses and hydrants must be provided. The pipe cross-section must be proportional to their length, the number of hydrants to be supplied, and the static pressure of the town’s water mains.
There must be a complete separation between the emergency water supply and the supply for the establishment’s specific water service.
Article 8. Where there is no water distribution network, the Local Safety and Hygiene Commission may require the installation of water tanks near the venue. Precautions must then be taken to protect these water tanks from mosquitoes.
Article 9. In towns with a fire department, the department must be consulted before the installation of firefighting equipment. The Fire Chief may, at any time, verify the proper functioning of the installation and, if necessary, request modifications to it for better public protection.
Article 10. – Cinemas may not be located adjacent to dangerous establishments.
CHAPTER IV:
POLICE MEASURES
Article 11. – The construction of a cinema must not be authorized within 250 meters of a school, hospital, or place of worship.
However, these regulations do not apply to cinemas existing before the publication of this decree.
Article 12. – Children under six years of age, even when accompanied by adults, must not be admitted to film screenings.
Specific regulations govern the conditions of entry to cinemas for minors over six years of age.
Article 13. – At each film screening, law enforcement officers are stationed at the entrance of the cinemas and ensure, in particular, compliance with the regulations enacted or referred to in the preceding article.
They draw up, where applicable, reports of observed violations and transmit them to the competent authorities.
Article 14.- In establishments subject to the provisions of this decree, a register is kept in which the following information is recorded:
– the names of the personnel responsible for fire safety;
– the various general and specific instructions established in case of fire;
– the dates of the various inspections and verifications as well as the observations resulting from them.
Article 15. – Throughout the duration of the performance, the venue owner or manager must be on duty. They must be assisted by a sufficient number of security personnel, including at least one officer for each exit. All security personnel must be on duty for the entire duration that the premises remain open or accessible to the public.
CHAPTER V:
MEANS OF CONTROL
Article 16. – In each municipality where the need arises, a Local Hygiene, Safety, and Police Commission, responsible for monitoring compliance with the provisions of this decree, shall be established by prefectoral decree.
Article 17. – (1) This Commission shall be composed as follows: Chair: the local administrative authority, or their representative. Members:
– a representative of the municipal authority;
– a representative of the Ministry responsible for cinematography;
– a representative of the local building department;
– a representative of the local public health department;
– a representative of the fire department;
– a representative of the National Gendarmerie;
– a representative of the National Security Service.
(2) The secretariat is provided by the representative of the Ministry responsible for cinematography.
Article 18. – The Local Hygiene, Safety and Police Commission meets at least twice a year, convened by its Chairperson, to conduct a general inspection of all cinemas.
It may also, if necessary, carry out unannounced inspections of specific cinemas.
Each meeting results in the drafting of minutes which record the compliance of the inspected cinemas with the rules established by this decree, or, where applicable, any violations thereof.
When a violation is found, the Commission issues a formal notice to the operator concerned to remedy it within a period not exceeding two months. This formal notice is recorded in the minutes, a copy of which is given to the inspected operator or their manager. The latter must countersign the inspection report. In case of refusal, this is noted in the minutes.
If an operator who has been formally notified fails to comply with the Commission’s observations by the expiry of the prescribed period, the Chairman forwards the minutes, noting the failure to comply, to the Prefect who appointed the Commission.
CHAPTER VI: SANCTIONS
Article 19. – Violations of the provisions of this decree are punishable by the penalties provided for in Article 24 of the law governing the direction of film activity.
CHAPTER VII: FINAL PROVISIONS
Article 20. – Orders of the Minister responsible for cinematography shall, as needed, establish the implementing procedures for this decree.
Article 21. – All prior conflicting provisions are hereby repealed, in particular Decree No. 84/1083 of August 23, 1984, establishing the general rules of hygiene, safety, and policing in cinemas.
Article 22. – This decree shall be registered and then published in the Official Gazette in French and English.
Yaoundé, March 20, 1989
The President of the Republic, Paul Biya
DECREE No. 90/1462 OF NOVEMBER 9, 1990 CONCERNING THE OBTAINING OF AUTHORIZATIONS TO EXERCISE CINEMATOGRAPHIC ACTIVITY
The President of the Republic,
Having regard to the Constitution;
Having regard to Law No. 88/017 of December 16, 1988, establishing the guidelines for cinematographic activity;
Having regard to Law No. 88/013 of December 16, 1988, establishing the rights and taxes allocated to the development of the cinematographic industry;
It is hereby decreed:
TITLE I: GENERAL PROVISIONS
Article 1. This decree establishes the conditions and procedures for obtaining authorizations to engage in cinematographic activity.
Article 2. (1) Cinematographic activity includes the production, distribution, and exhibition of cinematographic films.
(2) All production, distribution, and exhibition of cinematographic films, regardless of genre or format, are subject to the issuance of prior authorization.
Article 3. (1) The authorizations provided for in Article 2 above are granted subject to specific regulations. They are personal and non-transferable.
(2) Authorizations are subject to the payment of fees stipulated by Law No.
88/013 of December 16, 1988, establishing the fees and taxes allocated to the development of the film industry.
TITLE II:
AUTHORIZATION FOR THE PRODUCTION, FILMING, AND DISTRIBUTION OF CINEMATOGRAPHIC FILMS AND SOUND RECORDINGS
Article 4.- (1) The production of cinematographic films and sound recordings is authorized by the Minister responsible for cinematography.
(2) Authorization is granted only once.
(3) Obtaining authorization to produce cinematographic films and sound recordings is contingent upon the submission of a file containing the following documents:
a) a stamped application stating:
– the provisional title of the film;
– the film format and the technical specifications of its production;
– the filming location(s);
– the name of the film processing laboratory;
– the scheduled start date for filming.
b) an extract from the director’s criminal record;
c) the articles of incorporation of the production company if it is a legal entity.
Article 5.- (1) The file referred to in Article 4 above shall be submitted to the Ministry responsible for cinematography, against receipt.
(2) The Minister responsible for cinematography has sixty (60)
days to make a decision.
In all cases, the Minister responsible for cinematography’s reasoned approval or refusal must be issued within ninety (90) days of the date of submission of the file to the Ministry responsible for cinematography. After this period, the production authorization is deemed granted.
CHAPTER II:
FILMING AUTHORIZATION
Article 6.- (1) Filming and sound recording, with the exception of fiction films and advertising films which fall under ministerial jurisdiction, is authorized by the Provincial Delegate of the Ministry responsible for cinematography.
(2) The authorization, valid for a single film, is renewable once.
(3) Obtaining authorization for filming is subject to the submission of a file containing the following documents:
a) a stamped application stating:
– the title of the film;
– the film format and the technical conditions planned for its production;
– the filming locations, as well as the itinerary and schedule of operations, indicating the filming points;
– the name of the film processing laboratory;
– the planned start date for filming;
b) three copies of the screenplay and, if applicable, the shooting script;
c) the contract(s) of the author(s) and director;
d) a list of the technical roles envisaged and a list of the technicians and principal actors considered;
e) the production authorization for fiction films, or advertising and commissioned films;
f) the usual personal information of the director, producer, and filmmaker.
Article 7. (1) The file referred to in Article 6 above shall, as the case may be, be submitted to the territorially competent Provincial Delegation or to the Ministry responsible for cinematography, against receipt.
(2) The Provincial Delegate or, where applicable, the Minister responsible for cinematography shall have a period of sixty (60) days to make a decision.
In all cases, the Minister responsible for cinematography must issue a reasoned approval or refusal within ninety (90) days of the date the application is submitted to the provincial delegation or, in the case of fiction or advertising films, to the Ministry responsible for cinematography. After this period, filming authorization is deemed granted.
Article 8.- (1) The provisions of Articles 6 and 7 above do not apply to films produced by the official information services of the Government of the Republic of Cameroon, nor, subject to specific regulations, to films produced exclusively by amateurs.
CHAPTER III:
DISTRIBUTION AUTHORIZATION
Article 9.- (1) The distribution of cinematographic films and sound recordings is authorized by the Minister responsible for cinematography.
(2) Obtaining distribution authorization for cinematographic films is subject to the submission of a file containing the following documents:
– a stamped application;
– an extract from the criminal record or a copy of the articles of incorporation if the applicant is a legal entity.
(3) The application referred to in the preceding paragraph shall be submitted to the Ministry responsible for cinematography, against receipt.
(4) The Minister responsible for cinematography shall have sixty (60)
days to make a decision.
In all cases, the Minister responsible for cinematography’s reasoned approval or refusal must be issued within ninety (90) days of the date of submission of the application to the Ministry responsible for cinematography. After this period, the filming authorization shall be deemed granted.
Article 10. Subject to reciprocity, the provisions of Article 9 above shall not apply to diplomatic missions or to public cultural institutions accredited or established in Cameroon.
TITLE III:
OPERATING AUTHORIZATION
CHAPTER I:
OPERATING AUTHORIZATION FOR A FIXED LOCATION
Section I:
Authorization for the Construction of a Cinema Hall
Article 11.- (1) The construction, transformation, or development of a cinema hall by any natural or legal person is granted by the Governor of the territorially competent province, after mandatory consultation with the Provincial Operating Commission, whose composition is set out below:
– the provincial delegate of the Ministry responsible for cinematography (President);
– the departmental representative of the Ministry responsible for construction
(Member);
– the departmental representative of the Ministry responsible for public health
(Member);
– the departmental representative of the Ministry responsible for hazardous establishments (Member);
– a representative of the National Order of Architects (Member);
– a representative of the professional organization of cinema operators (Member). (2) A copy of the order issued by the Governor must be sent to the Ministry responsible for cinematography
within ten (10) days of its signature. (3) The building permit is valid for a period of two (2) years from the date of its signature. Unless a special exemption is granted by the Minister responsible for cinematography upon a reasoned request from the developer, it becomes invalid upon the expiry of the period stipulated in the paragraph above. (4) The building permit is personal and non-transferable. Article 12. – Obtaining authorization for the construction, conversion, or renovation of a cinema is subject to the submission of a file containing the following documents: – a stamped application; – an extract from the criminal record; – A certified copy of the national identity card or valid residence permit; – Proof of ownership of the land on which the construction is to be carried out, including the land title number, or, if applicable, a copy of the lease agreement; – A building permit issued by the municipality where the establishment is to be located; – A complete set of plans for the construction to be erected, signed by an architect registered with the Order of Architects; – A detailed descriptive specification and cost estimate for the proposed construction. Article 13.- (1) The file referred to in Article 12 above shall be submitted in six (6) copies to the provincial delegation of the Ministry responsible for cinematography, against receipt. (2) The provincial delegate of the Ministry responsible for cinematography shall forward one copy of the file to each member of the Provincial Exploitation Commission within ten (10) days of the date of submission of the file. (3) The Provincial Exploitation Commission must issue its decision within forty-five (45) days of the date the application was filed. (4) In all cases, the administration’s reasoned approval or refusal must be issued within ninety (90) days of the date the application was filed. After this period, the building permit is deemed granted. Section II: Operating Permit
Article 14. (1) The operation of a cinema, which cannot begin before the completion of construction, is granted by the Minister responsible for cinematography after mandatory consultation with the Local Commission for Safety, Hygiene, and Police in cinemas, whose organization and operation are governed by specific regulations.
(2) The opinion of the Local Commission for Safety, Hygiene, and Police, accompanied by a certified copy of the original cinema insurance policy, must be submitted to the Minister responsible for cinematography within forty-five (45) days of the developer notifying the provincial delegate of the completion of construction.
(3) The Minister responsible for cinematography has thirty (30) days to issue a decision.
In all cases, the Minister responsible for cinematography’s approval or reasoned refusal must be issued within ninety (90) days of the date the application was submitted. After this period, the operating permit is deemed granted.
CHAPTER II:
ON THE MOBILE OPERATION PERMIT
Article 15.- (1) The mobile operation permit for cinematographic shows, valid only for the province concerned, is granted by the provincial delegate of the Ministry responsible for cinematography.
(2) Obtaining the mobile operation permit is subject to the submission of a file containing the following documents:
a) for natural persons
– a stamped application;
– a copy of the national identity card;
– an extract from the criminal record;
– a description of the operating equipment and materials.
b) for legal entities
– a stamped application;
– the company’s articles of association;
– a description of the operating equipment and materials or an extract from the criminal record of the operations manager or the manager.
(3) The application referred to in paragraph 2 above shall be submitted to the provincial delegation of the
Ministry responsible for cinematography, against receipt.
(4) The provincial delegate of the Ministry responsible for cinematography shall have thirty (30) days to make a decision. After this period, the operating permit shall be deemed granted.
(5) Any rejection of the application must be justified and notified to the applicant.
Article 16.- (1) Mobile cinema screenings shall be organized occasionally in premises not originally intended for this purpose. Screenings carried out under these conditions must take place with equipment for a maximum of sixty (60) days per year, and for fewer than three (3) consecutive days, with the authorization of the municipal authority.
(2) Mobile exhibitors must take out insurance against fire damage to the premises and against material and bodily injury that may be caused to third parties during the days of screenings authorized by the municipal authority.
CHAPTER III:
AUTHORIZATION TO EXPLOIT VIDEOGRAMS
Article 17.- (1) Authorization to operate a videogram for commercial or public purposes is granted by the provincial delegate of the Ministry responsible for cinematography.
(2) The authorization is valid for fixed or mobile operations, subject to the provisions of Articles 11 to 14 above.
(3) Obtaining authorization to operate a videogram is contingent upon the submission of a file containing the following documents:
– a stamped application;
– a copy of the national identity card;
– an extract from the criminal record of the director or, if applicable, the manager;
– the articles of association of the company, if it is a legal entity.
(4) The file referred to in paragraph 3 above shall be submitted to the provincial delegation of the
Ministry responsible for cinematography against receipt.
(5) The provincial delegate of the Ministry responsible for cinematography shall have thirty (30) days to issue a decision. After this period, the operating permit shall be deemed granted.
TITLE IV:
CONTROL OF CINEMATOGRAPHIC FILMS AND SOUND RECORDINGS
CHAPTER I:
EXPLOITATION CERTIFICATE
Article 18.- (1) No cinematographic work, regardless of its genre or format, may be released for public screening, commercial, educational, or cultural purposes, unless it has obtained the regulatory certificate issued by the Minister responsible for
cinematography, after mandatory consultation with the National Commission for the Control of Cinematographic Films, as provided for in Article 23 below.
(2) The provisions of paragraph 1 above shall also apply to fiction films shown to the public by official services as part of their educational or cultural activities.
(3) No copy of the film may be given to an exhibitor unless it is accompanied by a duplicate of the visa duly certified as a true copy of the original. The duplicate affixed to the first reel of the film must be presented upon request.
Article 19.- (1) Obtaining an exhibition visa is subject to the submission of a file containing the following documents:
– a stamped application;
– the film scripts and the corresponding information sheet including, among other things, the names of the director and principal actors, the country of production, the format, and the duration or length of the film;
– the related posters, and, at the request of the National Film Control Commission, the film itself;
– a contract for the acquisition, assignment, or licensing of the film’s exploitation rights, signed with the producer or their legal representatives.
(2) Diplomatic missions and public cultural institutions accredited or established in Cameroon are, subject to reciprocity, exempt from producing the acquisition contract.
Article 20.- (1) The file referred to in Article 19 above shall be submitted to the Ministry responsible for cinematography, against receipt.
(2) The Minister responsible for cinematography shall immediately convene the National Film Control Commission, which must, within a maximum period of ten (10) days following the date of submission of the file, issue its opinion.
(3) The reasoned approval or refusal of the Minister responsible for cinematography shall be notified to the applicant within five (5) days following the meeting of the National Film Control Commission.
In all cases, the administration’s decision must be issued within twenty-one (21) days of the date the application was filed.
Article 21. – The advertising facades of theaters showing films prohibited to minors under 13 or under 18 years of age, or any other means of advertising films prohibited to the same minors, shall only prominently display images or reproductions extracted from or directly issued from posters and photographs approved by the National Commission for the Control of Cinematographic Films and Sound Recordings.
(2) The visa number and, where applicable, the prohibition to minors under 13 or under 18 years of age, must appear on the posters and programs, whether illustrated or not.
(3) Similarly, the statement “FILM PROHIBITED TO MINORS UNDER
18 YEARS OF AGE” or “FILM PROHIBITED TO MINORS UNDER 13 YEARS OF AGE” must be clearly displayed at the ticket counters during screenings of said films.
(4) No sequence from a film prohibited to minors under 18 or under 13 years of age may be shown as an advertisement during a screening open to the general public.
Article 22. The provisions of Articles 18, 19, 20, and 21 above do not apply to amateur films, provided they are used directly during family screenings. Otherwise, anyone who makes a public showing, whether for a fee or free of charge, of this type of film must apply for the required authorization.
CHAPTER II:
ON THE NATIONAL COMMISSION FOR THE CONTROL OF CINEMATOGRAPHIC FILMS AND SOUND RECORDINGS
Article 23. A National Commission for the Control of Films, Cinematographic Footage, and Sound Recordings is hereby established. This commission is responsible for issuing opinions on applications submitted for the operating license provided for in Article 18 above, issued by the Minister responsible for cinematography.
Article 24. (1) The National Commission is composed as follows: Chairman: The Minister responsible for cinematography or their representative. Members: Two representatives, one full member and one alternate, from the
following Ministries and Organizations:
– Cinematography;
– Justice;
– Territorial Administration;
– National Education;
– Youth and Sports;
– Internal Security;
– Three representatives of the principal religions practiced in Cameroon;
– Three representatives of the professional organization of cinema operators.
(2) The Chairman may invite any other individuals with expertise in cinematographic matters to attend Commission meetings.
(3) The members of the Commission are appointed by order of the Minister responsible for cinematography upon the proposal of the Ministries or organizations concerned.
Article 25. The Secretariat of the Commission is provided by the relevant Directorate of the Ministry responsible for cinematography.
Article 26. (1) The meetings of the Commission are not public, and its members are bound by confidentiality regarding its deliberations.
(2) Voting is by secret ballot, with each represented organization having only one vote; in the event of a tie, the President’s vote is decisive.
(3) The Commission can only validly meet if three-quarters of its members are present. Proxy voting within the Commission is prohibited.
(4) The minutes are signed by the President and the Secretary of the
Commission.
Article 27. The Commission’s opinion is issued either immediately upon review of the screenplay, posters, and programs, or after the film has been screened for it.
Article 28. (1) The Commission shall issue its opinion within fifteen (15) days of its meeting, taking into account the national interests at stake, the interest of morality, the preservation of customs and traditions, and the possible influence on youth.
(2) It shall also ensure that a minimum level of plausibility is maintained to avoid giving a false representation of Cameroon.
Article 29. (1) The National Commission for the Control of Cinematographic Films and Sound Recordings shall issue its opinion on cinematographic films, videograms, soundtracks, and advertising posters as follows:
– approval for all audiences;
– visa prohibiting import and export;
– visa prohibiting minors under 13 or under 18 years of age.
(2) The Commission may make its opinions subject to modifications or omissions.
(3) Films or sound recordings remain under customs control until the required visa is issued. Those for which a visa is refused may not be released through customs.
Article 30. Each authorization issued by the Commission results in the issuance of a visa in a receipt book, the original of which is given to the applicant. This visa must be presented upon request by any administrative authority or law enforcement.
Article 31. If one of the Ministerial Departments or bodies provided for in Article 24 is not represented at four consecutive meetings without valid reason, its representatives must be replaced.
Article 32. Members of the Commission have free access, upon presentation of an official pass issued by the Minister responsible for cinematography, to venues where paid or free film screenings are held.
TITLE V:
SANCTIONS
Article 33. Violations of the provisions of this decree are punishable by the penalties provided for by the law governing cinematographic activity.
TITLE VI:
MISCELLANEOUS PROVISIONS
Article 34. All prior conflicting provisions are hereby repealed, in particular those of Decree 89/191 of March 20, 1989, establishing the conditions for obtaining authorizations to conduct cinematographic activities.
Article 35. The Minister responsible for cinematography is charged with the implementation of this decree, which shall be registered, published according to the emergency procedure, and then inserted in the Official Gazette in French and English.
Yaoundé, November 9, 1990
The President of the Republic, Paul Biya