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Films and Publications Act, 1996 (Act No. 65 of 1996)

Regulations

Films and Publications Regulations, 2022

Schedule 1

Part 3: Submission of Publications, Films and Games for classification and display requirements

13. Re-classification of publications, films or games

 

(1) An application for the re-classification of a publication, film or game in terms of section 18J of the Act, shall be made only after a period of 1 (one) year from the date when the publication, film or game was first classified, on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, and accompanied by the proof of payment of the prescribed fee.

 

(2) A request made in terms of section 18J(2) of the Act by a member of the public who is aggrieved or offended by a classification decision in respect of a publication, film or game, shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, together with proof of payment of the prescribed fee which application shall contain—
(a) the title of the publication, film or game;
(b) the full name and address, contact telephone, cellular phone and an e-mail address, if available, of the person making the request, unless that person wishes to remain anonymous; and
(c) the reasons for requesting the re-examination and re-classification of the publication, film or game, with reference where applicable to the portion/s of the content forming the subject of the report.

 

(3) The FPB shall, upon receipt of a request contemplated in sub-regulation (2), save where the person wishes to remain anonymous—
(a) acknowledge receipt of the request within 7 (seven) days of communication of the request;
(b) where the request does not meet all the requirements of sub-regulation (1), inform the requester in writing to submit the outstanding documents or information before the publication, film or game may be re-examined and re-classified or rated;
(c) if the request meets all the requirements of sub-regulation (1), inform and request the distributor of the publication, film or game to make representations; and
(d) if a decision has been made to reclassify the publication, film or game inform the requester and distributor of the time, date and venue when the publication, film or game will be re-examined for re-classification or rating.

 

(4) In the case of a film or game in a public-entertainment format, the applicant shall, where required to do so, at his or her own expense, make arrangements for the exhibition of the film, or a demonstration of the game, to the FPB on a date and at a time and venue appointed by the FPB.