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Comments on the Consultative Document on Cinema and Video Entertainment in Trinidad and Tobago.
Section 8 (Pg 6): (1) The current mechanism for censorship of material is unwieldy and impractical in the contemporary setting. In the interest of encouraging personal choice of the
consumer, the Government proposes to introduce a rating classification system
which will guide the content of the motion picture and video entertainment product.
How is the rating system going to encourage personal choice? It’s just a rating system - films exist for choosing whether there is a rating system or not.
Section 8 (2) Accordingly the framework should be focused on content regulation
and/or management in the interest of protecting the citizenry (and especially
minors) from unwanted or unexpected exposure to harmful, distasteful or socially
malignant content. Such regulation shall include all forms of motion picture (film,
videocassette, DVD, etc.) and/or video entertainment products (commercials,
electronic games etc.), and auxiliary materials associated with the marketing and
release of such products.
Who is going to test the games? Are these people on the board good at gaming? Most games do not reveal all of their graphics other than level by level? Are they going to play all the games to the final conclusion of the game?
Section 8 (3) In an environment of continued convergence of information and
communications technologies, and the new channels and media thereby facilitated,
it is essential that the framework is technology neutral;
What framework is being referred to?
Section 8 (Pg 7): (5) The framework will support easy entry into the industry of video
entertainment sales or rental service providers, reducing regulatory overhead as
much as possible in this area of activity which has neither control of supply nor
market dominance, considering the multiple channels by which these products can
be obtained. In that regard, regulation will be limited to that which is sufficient
to ensure compliance with the content management provisions pursuant to (2)
above.
How does this provide easy entry, when the bill requires every video / film /game media be scrutinized? What is the size of the infrastructure of the board(s)? Will there be provisions made for enough people to screen all the material at the rate that it enters the country? If not, then this bill may be stymying businesses rather than encouraging them.
Section 8(6): To facilitate this function, the Government proposes to convert the Film
Censors Board to a sectoral regulatory body:- the Film and Video Review
Authority...
I would suggest the name Visual Arts Review Authority, which can then also handle games as well as theatre plays.
Section 8(6):
b. Licence Exhibitors;
c. Licence Exhibition Venues
Provision must be made for non-permanent exhibitors and venues, such as groups who wish to make a video presentation for only a day, a week, or another such short period.
Section 9.1.1 and 9.1.2 (pg 8):
What constitutes illegal? Many films including ones considered classics, contain violence or suggestive scenes. Even the daily TV news contains scenes of war and violence.
Also regarding this comment:
“In Trinidad and Tobago, where the culture of industry codes has not taken
“In Trinidad and Tobago, where the culture of industry codes has not taken
root,...”
Most video and games vendors advise their clients based on the rating established by the foreign rating systems. Many people already understand the differences among “G”, “PG”, and “R” ratings.
Section 9.1.3: Consistent with established principles of corporate governance, the Board
shall manage its own affairs, meeting as necessary to achieve its objectives, with
the requirement that they should meet no less than twelve (12) times annually.
Further, to ensure the appropriate transparency in its operations, the Board shall
make available minutes of its meetings to the Minister upon request.
Is 12 times a year enough, given the number of films, games and other visual material entering the country, and especially in the first year or two, when the board will have to look at the visual material that already exists in the country?
Section 9.2(d): ensure that all proprietors offering video entertainment products for sale
or rental provide these services while complying with principles of public
decency and in recognition of intellectual property rights;
No more pirating? I have seen police officers buying what were clearly illegal copies of DVDs at a store that offered such merchandise. How will this section be enforceable in a culture of habitual intellectual property theft?
Consultation points 4 & 5: Yes, the scheme is a good one, but is not significantly different from the existing schemes in other countries - we must guard against a “me too” syndrome, and really decide whether to confuse the issue by having a scheme that is similar to, yet distinguishable from, already set standards. In other words, is it really necessary to do this?
Section 9.3.5: (1) Cognisant of the diversity of cultures in Trinidad and Tobago and the
nature of cultural works in this regard, the Authority may forebear from the
classification of sport, music, religious and educational works under this Policy.
Does this mean that all forms of sport presented in video form will be acceptable? Including blood sports like dog (or other animal) fights?
What about religions whose tenets include murder and blood sacrifices? Is this acceptable?
Section 9.5 (pg 14) (ii) The licenced Exhibitor should be limited to natural persons...
Define “natural person”.
Section 9.5.2 (page 15) (1) To facilitate the monitoring and evaluation of Exhibitor’s compliance with the provisions of this Policy, it is proposed that such exhibitors may be obliged to keep records of admissions and access. The form of the record-keeping mechanism will be subject to direction by the Authority.
Is every single person going to the cinema going to have to present their ID to be recorded? This would be a nightmare for cinema owners. What happens in the case of minors, who are not required to have an ID?
Section G (pg 33) 50.
(1) Any person who facilitates the admission of a minor to an exhibition
film or access to video entertainment, without the appropriate authorization and
accompaniment of the minor’s legal guardian in contravention of the classification
schema defined by the Authority commits an offence and is liable on summary
conviction to a fine of $120,000;
(2) An Exhibitor who is found to have facilitated such access may also be
subject to a revocation of licence.
In item (2), I might suggest that it should be added into the law that this will apply only if the exhibitor has accurate knowledge of the minor’s age, yet still allowed access. It may be required to show an ID in order to determine age. Several young people look much older than their age, thus the ID should be a requirement in such cases.
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