UNCLASSIFIED FILM PROMOTION: REGULATORY RISKS UNDER THE NATIONAL FILM AND VIDEO CENSORS BOARD ACT 1993

Introduction  

In a press release on 26^th August 2026, the management of the National Film and Video Censors Board (NFVCB), hereinafter referred to as ‘the Board ’, informed the public of its awareness of a media press call and movie premiere of a film titled ‘Living in Colors’. The Board categorically stated that the film has neither been submitted, vetted, nor classified by the NFVCB, rendering any public exhibition or promotion completely illegal. The NFVCB stated that preliminary investigations and reports indicated that the movie trailer depicted explicit pornography and portrayed promotion for same-sex relationships, in breach of section 4(2) and 5(2) Same-Sex Marriage (Prohibition) Act 2013.  

The National Film and Video Censors Board classifies every film and video work shown in Nigeria and licences those who distribute and exhibit them with the aim of protecting the viewing public.  

This newsletter highlights the legal framework governing film licenses, censorship, and the risk of film censorship in the entertainment industry.  

The Legal Framework  

The National Film and Video Censors Board (NFVCB) Act 1993, hereinafter referred to as ‘the Act’, is the primary legislation governing the registration, licensing and censorship of film and video works in Nigeria. The functions of the Board as stated in section 2 of the NFVCB Act 1993 include: 

(2) It shall be the duty of the Board- 

a. to licence-

• a person to exhibit films and video works;
• a premises for the purposes of exhibiting films and video works;

b. to censor films and video works;

c. to regulate and prescribe safety precautions to be observed in licensed premises;

d. to regulate and control cinematographic exhibitions; and

e. to perform such other functions as are necessary or expedient for the full discharge of all or any of the functions conferred on it by this Act.

The Act empowers the Board to function through the establishment of Zonal Film Censors Committees (hereinafter referred to as ‘the committee’) in all zonal regions of Nigeria to ensure that film content submitted to the Board and intended for public exhibition and consumption is properly examined. They are also responsible for approving film and video works while considering their classifications and censorship criteria. However, where a person is not satisfied with the decisions of the committee, an aggrieved applicant may appeal the decision by giving a notice of appeal as prescribed by the Act.  

According to section 34 NFVCB Act 1993, certain category of films is exempted from censorship and approval including the following;  

a. to any film for exhibition in premises to which the public is not admitted;

b. to any documentary film imported, produced or issued by or on the direction of-

• the Federal or State Government;
• the diplomatic representative of a Commonwealth or foreign country,
• the United Nations Organisation or any organ of that organisation, or any other regional or global organisation;
• an educational, scientific or cultural body or society including any broadcasting and television organisation.

Other forms of films not included may be exempted upon application to the Board. 

Exempted video or recording: the law provides via section 53 NFVCB Act 1993 that no person shall distribute, exhibit or supply in Nigeria a video work or recording unless such work or recording is an exempted work. For this purpose, a work is exempted where:

c. depicts explicit sexual activities or acts of force or restraint associated with such activities;

d. depicts mutilation or torture of, or other acts of gross violence towards humans or animals;

e. depicts human genital organs or human urinary or excretory functions; or

f. is designed to stimulate or encourage anything falling within paragraph (a) of this subsection or, in the case of anything falling within paragraph (b), it is designed to any extent to do so;

g. is religious and contravenes ethnic prejudices either by word or action.

For exhibition & distribution to take place the Act provides that upon application for censorship and approval(classification) of a film, the following is required 

1. That the exhibitor or distributor is proper licensed by the Board. Section 25 NFVCB Act 1993

2. That the sample copy of the poster for advertisement is approved by the Board and exhibited in the form in which it was submitted without alteration. Section 47 NFVCB Act 1993

3. The exhibition of the advertisement poster shall state the classification of the film. Section 48 NFVCB Act 1993

Furthermore, in exercise of the powers conferred by Section 65 of the NFVCB Act 1993 and with the approval of the Honourable Minister of Art, Culture, Tourism and the Creative Economy, the Board has issued updated Regulations and Scale of Charges for Film Distribution and Exhibition 2025, which govern the following: 

1. Community Exhibition Premises Licensing

2. Community Exhibitor Licensing

3. Mobile Exhibition Licensing

4. Regional and National Mobile Exhibitor Licensing

5. Exhibition Premises Licensing (Major, Medium, Small Hall, Drive-In, Mobile)

6. Regional and National Exhibitor Licensing

7. Online Exhibitor Licensing (Multi-National, Medium, Small, YouTube)

8. Suburban Exhibitor Licensing

9. Film Distribution Licensing (National, Regional, Suburban, Community, Online)

Classification Guidelines 

Pursuant to section 41 of the NFVCB Act 1993, the Act provides for various classifications of registered and approved film and video works including the following:  

1. “G” to indicate for general exhibition. Suitable for all audiences. Content contains nothing that would harm or disturb any age group, including young children;

2. “C” to indicate intended particularly for children;

3. “NC” to indicate not recommended for children;

4. “J 8” to indicate for mature audiences;

5. “RE” to indicate for restricted exhibition settings only, such as licensed adult venues. Not for general public distribution.; and

6. such other classification as may be prescribed by regulations made by the Board including

• “PG” Parental Guidance. General viewing, but some scenes may be unsuitable for young children. Parents are advised to watch with younger children.

• “12” 12 years and above. Suitable only for persons of 12 years and over.

• “12A” 12 Years and Above (Accompanied) Suitable for 12 years and above, but younger children may watch when accompanied by a responsible adult who has deemed the content appropriate.

• “15” 15 Years and Above. Suitable only for persons of 15 years and over.

• “18” 18 Years and Above. Suitable only for adults aged 18 and over.

Risk of Breaching the Provisions of the Act  

According to the Board, exhibition centres and venue providers are warned against hosting exhibitions of unclassified film as a direct breach of digital and theatrical content laws. Thus, the risks and effects of breaching the licensing, censorship and exhibition provisions as contained in the Act are as follows: 

1. Film censorship

2. Revocation of Approved films subject to conditions

3. Withdrawal of a film for further censorship

4. Revocation of operational licenses

5. Criminal liabilities against film studios, producers and promoters in form of terms of imprisonment.

6. Monetary liabilities, including payment of fines.

7. Personal liability of a consenting or attributable director, manager or any officer of a boy corporate. (Section 61 NFVCB Act 1993)

Conclusion  

In its press release, the NFVCB stated that its response reflected its commitment to safeguarding what it described as Nigeria’s moral, cultural and constitutional values. 

Producers, distributors, exhibitors, venue operators and online platforms should determine the licences applicable to their activities and ensure that each non-exempt film or video work is submitted for registration, censorship and classification before public exhibition, distribution or supply. Promotional materials should also comply with the Act’s approval and advertising requirements. Where the Board refuses, restricts or withdraws approval, affected parties should obtain legal advice regarding the statutory review process. 

It is also important to note that the board retains the right to reject classification of a film or video work, where it is believed that such a project is in breach of the law.  

This newsletter is provided for general information purposes only and does not constitute legal, regulatory, or professional advice. While reasonable care has been taken in preparing this publication, readers are advised not to rely on its contents as a substitute for specific legal advice. Institutions and individuals are encouraged to consult their legal, compliance, or other professional advisers before acting on any information contained in this publication.