ENG-2011 — Page 440

380 Communications, the Media and Information Technology

for themselves or their children. The age restriction is mandatory for Category III films.

In 2011, 1 581 films were submitted for classification, compared with 1 571 in 2010. Of these, 494 were classified Category I, 501 Category IIA, 403 Category IIB, and 183 Category ill. Film trailers, instructional films and cultural films intended for public exhibition can be exempted from classification. During the year, 9 625 such films were examined and exempted from classification.

Film classification standards are kept in line with society's expectations by regular surveys of community views and consultation with a statutory panel of advisers, comprising about 300 members drawn from different levels of society.

The Board of Review (Film Censorship), a statutory body established under the Film Censorship Ordinance, is empowered to review the film censors' decisions on film classifications upon request. The board comprises nine non-official members appointed by the Chief Executive, plus the Secretary for Commerce and Economic Development as an ex officio member.

Control of Obscene and Indecent Articles Ordinance

The policy objective in regulating obscene and indecent articles is to preserve public morals and protect young people from the harmful effects of obscene and indecent materials while preserving the free flow of information and safeguarding freedom of expression. The publication (including distribution, circulation and sale) and public display of obscene and indecent articles (including printed matter, sound- recordings, video-tapes, discs and electronic publications) is regulated by the Control of Obscene and Indecent Articles Ordinance.

The ordinance does not apply to films, film packaging and film advertising material covered under the Film Censorship Ordinance and television broadcasts governed by the Broadcasting Ordinance. Under the Control of Obscene and Indecent Articles Ordinance, 'obscenity' and 'indecency' include violence, depravity and repulsiveness. An article may be classified as Class I: Neither obscene nor indecent, Class : Indecent, and Class III: Obscene. The relevant enforcement agencies (i.e. Television and Entertainment Licensing Authority, the Police, and Customs and Excise Department) and the Secretary for Justice may submit articles to the Obscene Articles Tribunal for classification. Publishers, authors, printers, manufacturers, importers, distributors and copyright owners may also voluntarily submit articles to the Tribunal for classification rulings before publication if in doubt.

The Government embarked on a comprehensive review of the Control of Obscene and Indecent Articles Ordinance at the end of 2008. The report of the first round of public consultation was published in July 2009. The Government is considering how to follow up on the review of the Control of Obscene and indecent. Articles Ordinance.