The Laws of Fiji
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Last Updated: 21 March 2018
AN ACT TO REPEAL THE PENAL CODE AND MAKE COMPREHENSIVE PROVISION IN RELATION TO THE ELEMENTS OF CRIMINAL RESPONSIBILITY AND TO PRESCRIBE A RANGE OF CRIMINAL OFFENCES, AND FOR RELATED PURPOSES
[CR 377] Traffic in obscene publications377
377
- (a)for the purpose of or by way of trade or for the purpose of distribution or public exhibition, makes, produces or has in his or her possession any one or more obscene writing, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films, or any other obscene objects, or any other object tending to corrupt morals; or
- (b)for any of the purposes stated in paragraph (a), and in relation to any matters or things described in paragraph (a) —
- (i)imports, conveys or exports; or
- (ii)causes to be imported, conveyed or exported; or
- (iii)or in any manner puts any of them in circulation; or
- (c)in relation to any matters or things described in paragraph (a) —
- (i)carries on or takes in any business (whether public or private) concerned with any such matters or things; or
- (ii)deals in any such matters or things in any manner; or
- (iii)distributes any of them or exhibits any of them publicly; or
- (iv)makes a business of lending any of them; or
- (d)advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic in any matters or things described in paragraph (a), that a person is engaged in any of the acts referred to in this section, or advertises or makes known how, or from whom, any such matters or things can be procured (either directly or indirectly); or
- (e)publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals.
Penalty — Imprisonment for 5 years or a fine of $4,000, or both.
[subs (1) am Act 31 of 2016 s 193, effective 1 December 2016]
(2) If, in respect of any of the offences specified in subsection (1)(a), (b), (c), or (d) any constituent element of the offence is committed in Fiji, such commission shall be sufficient to render the person accused of such offence triable in Fiji for the offence.
(3) A court, on convicting any person of an offence against this section, may order that any matter or thing made, possessed or used for the purpose of such offence be destroyed.
(4) A court may, on the application of the prosecution, order the destruction of any obscene matter or thing to which this section relates, whether any person may or may not have been convicted under the provisions of this section in respect of the obscene matter or thing.