CINEMATOGRAPHY BILL 2025

WE ARE SHARING THIS BECAUSE YOU HAVE A SAY IN THIS!

CINEMATOGRAPH BILL 2025: MEMORANDUM

Botswana's parliament is reviewing the new Cinematograph Bill, 2025. This law will completely replace the old, "archaic" Act from 1970 (Cap. 60:02). The old law was made before the internet, before digital cameras, and before Botswana's creative industry began to boom.

This new Bill isn't just a small update; it's a total rewrite. It will decide how films are licensed, classified (rated), and exhibited in the country. More importantly, it includes new goals to actively promote and develop our local film industry. For us as filmmakers, this Bill brings massive opportunities... and a few serious risks.

A SUMMARY OF THE MEMORANDUM 2025

Our team at WIF Botswana have gone through the Bill being proposed and have come up with points we believe are quite important. Flip through our infographic for info on said points, the pros and some things to consider 👀

Of course, this is a summary, not a full analysis: we leave that to YOU. It is important to engage with the policies of our industry and read up on announcements such as these. Also, we are only human. There are points we may have missed that you believe are important. The only way we will know is if you read, so get to reading!

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THE OLD LAW

Focus: Control & Censorship
Tone: Restrictive
Relevance: Outdated (pre-digital, pre-internet)
Industry Support: None. No mention of development or funding.

THE NEW BILL (2025)

Focus: Regulation & Industry Promotion
Tone: Modernizing
Relevance: Covers digital films and modern distribution.
Industry Support: Explicitly aims to promote and develop local film.

THE FOUR MAIN PILLARS OF THE BILL:

Botswana Film Commission

A new central body to manage everything

Licensing

Permits for cinemas, distributors, and producers

Classification

Rating films for different audiences, and what can be authorised to be produced

Film Development

A mandate to promote and possibly fund local content

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THE PROS: A BOOST FOR THE INDUSTRY?

Industry Promotion

For the first time, the law will have a clear goal to promote and develop the local film industry, not just control it.

Modern Framework

A clear, modern law makes Botswana a more attractive place for international co-productions and investment.

Potential Film Fund

The new Authority may be tasked with creating a Film Fund, which could provide grants and support for local productions.

Central Authority

One single "Film Authority" is better than dealing with multiple confusing government departments. A one-stop-shop.

Repeals Archaic Law

It finally gets rid of the 1970 Act, which was completely unsuitable for the modern world.

Clear Classification

A standard rating system (like G, 16, 18) helps producers target audiences and helps cinemas exhibit films confidently.

THE BENEFITS OF THE BILL MEMORANDUM

The proposed bill strengthens the industry by establishing a unified, professional legislative framework that guarantees legal certainty necessary for attracting international investment and diversifying the economy.

Crucially, it mandates statutory gender equity and empowers local filmmakers through a requirement to give explicit preference to citizen-led productions. An Appeals Board also offers a vital safeguard against administrative overreach.

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THE CONS: POTENTIAL PITFALLS FOR CREATORS

Censorship Risk

Classification can be used as censorship. Vague phrases like "against public interest" could be used to ban sensitive or political films.

Licensing Barriers

If production licenses are expensive or complex, it could kill independent and new filmmakers before they even start.

Costs and Fees

Will indie producers have to pay high fees to get their films classified? This is a major barrier for low-budget projects.

Board Composition

Who sits on the Authority's Board? If it's all politicians and no industry experts, they won't understand our needs.

Bureaucracy

A new authority can mean new, slow paperwork. The bill requires permission for any and all changes. We need fast turnaround for classifications and licenses, not long delays.

Online Content Scope?

Is the Bill clear on what it regulates? Does it try to regulate YouTube or social media content? This could be a huge overreach.

THE CONCERNS OF THE BILL MEMORANDUM

Critical Check-In: Is the Bill too Ambiguous? 🛑

While we champion the new Bill, we must address its potential pitfalls.

The risk of double bureaucracy and cost barriers for independent filmmakers is high. User-generated content regulation is risky, and no mention of tax rebates or incentives.

The language used throughout the bill is too general; we need clear and specific directives!

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HOW TO MAKE IT BETTER: OUR SUGGESTIONS

We support a new Bill, but it must be the right Bill. We are lobbying for these key improvements:

Guarantee Industry Representation: Mandate in the law that at least 51% of the Film Authority Board and Classification Committee are active, nominated industry professionals (from guilds like ours!)
Tiered & Fair Licensing: Production licenses must be free or very low-cost for independent/student films. Don't use a "one-size-fits-all" fee that only big companies can afford.
Clear Classification Criteria: Remove vague terms like "public interest." Base classification *only* on clear, objective criteria (like the detailed guides used in South Africa or the UK).
Transparent Film Fund: If there is a Film Fund, its rules, application process, and decision-making panel must be public and transparent, with peer-review from industry experts.
Fast & Fair Appeals: Create a clear, fast, and low-cost appeals process for filmmakers who disagree with a classification or licensing decision.
Exclude Online User Content: Clearly state that the Bill applies to commercial distribution and exhibition, *not* to user-generated content on platforms like YouTube, TikTok, or social media.

GLOBAL CONTEXT: HOW ARE OTHERS DOING IT?

South Africa (FPB)

South Africa's Film and Publication Board (FPB) has a detailed, public set of classification guidelines. They've also struggled with "scope creep" in trying to regulate online content, showing how important it is to get the definitions right from the start.

New Zealand (Censor's Office)

New Zealand's system is well-regarded. It's legally independent from government and has a strong mandate to classify based on "harm minimization" rather than vague morality. It provides a clear model for an independent, expert-led classification body.

SOME RECCOMENDATIONS

This is Our Advocacy! 📣

We want the Cinematograph Bill to be a landmark success. To do that, the Women in Film Guild Botswana strongly recommends key amendments such as establishing clear directives for the possible film fund, inclusion of tax rebates and incentives, and supporting our Digital Creators with clear exemptions.

Help us spread the word!

YOU'RE UP, BATSWANA!

This legislation will shape our industry for decades. The ball is now in the hands of the public and policymakers. We urge all citizens and industry stakeholders to: