Establishment of National Film Authority
(1) There is established by this Act a body corporate with perpetual succession to be known as the National Film Authority. (2) For the performance of its functions, the Authority may acquire and hold movable and immovable property, dispose of property and enter into a contract or any other transaction. (3) Where there is hindrance to the acquisition of property, the property may be acquired for the Authority under the State Lands Act, 1962, (Act 125) and the cost shall be borne by the Authority.
Objects of the Authority
The objects of the Authority are to (a) evolve a dynamic, economically self-sustaining and culturally conscious film industry in the country in the national interest; (b) promote the creation of a conducive environment for the local production, distribution, exhibition and marketing of films; (c) encourage the use of films to project the identity and image of the Republic and its people within and outside the country; (d) promote and facilitate co-production between local and foreign producers; (e) regulate foreign participation in the Ghanaian film industry; and (f) promote the moral ethical and aesthetic values of Ghanaian society.
Functions of the Authority
To achieve the objects the Authority shall (a) advise the Minister on matters affecting the film industry; (b) facilitate the establishment of a circuit for the distribution and marketing of Ghanaian films throughout the country and internationally; (c) promote the use of films for public education on national integration, unity and cohesion and the mobilisation of the people for behavioural and attitudinal change toenhance national development; (d) represent the country in its relations with other countries in matters related to the film industry; (e) ensure: (i) the development and administration of a code of ethics for the film industry; (ii) the establishment and maintenance of a National Film Archive; (iii) the maintenance of optimal technical standards for productions; and (iv) compliance with the laws regulating copyright and disbursement of royalties in conjunction with the Copyright Administrator; (f) conduct or commission research that is necessary on films and the film industry in the country and the world at large; (g) set standards for training and accreditation of practitioners in the film industry; (h) oversee the Film Development Fund; (i) act as an arbiter in disputes related to the production, distribution, exhibition and marketing of films; (j) promote the distribution, exhibition and marketing abroad of local films; (k) establish a committee to pass and classify films before the films are distributed, exhibited or marketed; (l) register and license (i) premises intended for the exhibition of films; and (ii) libraries and shops which sell or rent out films; (m) determine the registration and licensing fees to be paid with the approval of Parliament; (n) discourage the exhibition of films that expose children and other vulnerable groups to physical or moral hazards; (o) ensure that films do not portray any race, nationality, ethnic, religious or vulnerable groups like persons with disability, the aged, women or children in a demeaning manner; (p) ensure that films do not offend the sensibilities of any section of the society or arouse ethnic, social or religious misunderstanding or hostility; (q) regulate the importation, distribution and marketing of foreign films; (r) take steps to safeguard the interests of authors and rights owner[sic] in respect of the downloading and use of their films and related products on the internet; and (s) exploit the potential of films as an awareness-building medium to encourage the creation of a common identity for Ghanaians, Africans and people of African descent, throughout the world by (i) ensuring that scripts and productions reflect the dignity and pride of African people and promote the positive aspects of their culture, (ii) inculcating in citizens and the African, the spirit of heroism in persons who can serve as role models for people in different areas of human endeavour, (iii) encouraging the use of local and African languages, customs, music, dance and other national symbols in film production, (iv) making training institutions link up with second cycle and tertiary institutions in film education, (v) facilitating the training of film practitioners [sic]; and (vi) supporting the making of films that take cognisance of our positive cultural practices and Traditions.
Governing body of the Authority
(1) The governing body of the Authority is a Board consisting of (a) a chairperson, who is a well-qualified film practitioner with notable experience and an expert in the Ghanaian film industry; (b) one representative of the Copyright Office nominated by the Attorney-General and Minister for Justice; (c) one representative from each of the following nominated by the Minister of the relevant sector, (i) Ministry of Tourism, Culture and Creative Arts, (ii) Ministry of Communications, and (iii) National Film and Television Institute; (d) one representative from each of the following nominated by the organisations (i) Ghana Actors' Guild, (ii) Film Producers' Association of Ghana, (iii) Ghana Academy of Film and Television Arts, (iv) Women in Film and Television, (v) Collective Management Organisation of Audio Visual Rights Owners, (vi) Film Distributors and Marketers, and (vii) Film Crew Association of Ghana; (e) one representative nominated by the television stations; and (f) the Executive Secretary. (2) The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution. (3) The Board shall perform the functions of the Authority.
Tenure of office of members of the Board
(1) A member of the Board shall hold office for a period of not more than three years and is eligible for re-appointment but a member shall not be appointed for more than two terms. (2) Subsection (1) does not apply to the Executive Secretary. (3) A member of the Board may at any time resign from office in writing addressed to the President through the Minister. (4) A member of the Board, other than the Executive Secretary of the Authority, who is absent from three consecutive meetings of the Board without sufficient cause ceases to be a member of the Board. (5) The President may by letter addressed to a member revoke the appointment of that member on the written advice of a majority of members of the Board, (6) Where a member of the Board is, for a sufficient reason, unable to act as a member, the Minister shall determine whether the inability would result in the declaration of a vacancy. (7) Where there is a vacancy (a) under subsection (3) or (4) or section 7 (2), (b) as a result of a declaration under subsection (6), or (c) by reason of the death of a member, the Minister shall notify the President of the vacancy and the President shall appoint a person nominated by the representative body, to fill the vacancy.
Meetings of the Board
(1) The Board shall meet at least once every three months for the dispatch of business at the times and in the places determined by the chairperson. (2) The chairperson shall at the request in writing of not less than one-third of the membership of the Board, convene an extraordinary meeting of the Board at the place and time determined by the chairperson. (3) The quorum at a meeting of the Board is nine members of the Board or a greater number determined by the Board in respect of an important matter. (4) The chairperson shall preside at meetings of the Board and in the absence of the chairperson, a member of the Board elected by the members present from among their number shall preside. (5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote. (6) The Board may co-opt a person to attend a Board meeting but that person shall not vote on a matter for decision at the meeting.
Disclosure of interest
(1) A member of the Board who has an interest in a matter for consideration (a) shall disclose the nature of the interest and the disclosure shall form part of the record of the consideration of the matter; and (b) shall not participate in the deliberations of the Board in respect of that matter. (2) A member ceases to be a member of the Board, if that member has an interest in a matter before the Board and that member (a) fails to disclose that interest, or (b) is present at or participates in the deliberations of the matter.
Establishment of committees
(1) The Board may establish committees consisting of members of the Board or non-members with identifiable expertise or both to perform a function. (2) Without limiting subsection (1), the Board shall have a Film Classification Committee consisting of (a) the Minister or a representative of the Minister as chairperson; and (b) one representative from each of the following: (i) the Information Services Department, (ii) the National Commission on Culture, (iii) the National Film and Television Institute, (iv) the Film Producers Association of Ghana, (v) the Ghana Police Service, not below the rank of Assistant Superintendent of Police, (vi) the Copyright Office, (vii) the Christian Council of Ghana, (viii) Federation of Muslim Councils, (ix) Traditional Religious Authorities, (x) the Ministry of Gender, Children and Social Protection, and (xi) one representative of the National House of Chiefs (4) The Committee may co-opt other individuals for the purpose of pre-viewing films for Classification. (5) Section 7 applies to members of committees of the Board.
Allowances for members of the Board
Members of the Board and members of a committee of the Board shall be paid the allowances approved by the Minister in consultation with the Minister responsible for Finance.