| (1) |
The Board may, on application and upon payment of the prescribed fee, by a commercial online distributor approve and accredit such commercial online distributor to conduct classifications of films, games and publications. |
| (2) |
A commercial online distributor of films, games or publications contemplated in subsection (1) shall not be subject to section 1 S(1)(b) provided that— |
| (a) |
the commercial online distributor referred to in subsection (1) has been accredited by the Board to classify its own films, games or publications; |
| (b) |
the commercial online distributor applies the classification guidelines as determined by the Board in consultation with the Minister; |
| (c) |
the decisions of the commercial online distributor comply with the requirements as may be set by Board from time to time; |
| (d) |
the registered distributors remain subject to classifications which were issued before such commercial online distributor was approved and may apply for re-classification by the Board only after two years of a classification decision of the Board; |
| (e) |
the commercial online distributor informs the Board of all its 'XX'and 'X 18' classificat ions of films, games and publications and any other classification of films, games and publications so that the Board may publish these classifications in the Gazette, after which such classifi cations are deemed to have been made by the Board ; and |
| (f) |
if a film, game or publication is already classified, or is subsequently classified, by the Board the commercial online distributor may not classify or re-classify differently to the Board's classification of the said film, game or publication. |
| (3) |
The Board may provide training to commercial online distributors contemplated in subsection (1) in terms of this Act. |
| (4) |
The commercial online distributor shall upon demand by the Board make available all its classification decisions in relation to films, games and publications, for auditing purposes. |
| (5) |
The accreditation of a commercial online distributor may, after due inquiry, be suspended by the Board— |
| (a) |
if the commercial online distributor acts contrary to the provisions of this section; |
| (b) |
until the Board is satisfied that the commercial online distributor will comply with the provisions of this section in the future, and commercial online distributor may also be subject to prosecution for an offence in terms of this Act. |
| (6) |
No film, game or publication may be distributed in the Republic unless it has been classified in terms of section 16, section 18, this section or section 18D, and a clearly visible label indicating the age limit and the nature of content is displayed on or in connection with the film, game or publication and appearing next to the logo of the Board. |
[Section 18C inserted by section 19 of Proc 52, GG45959, dated 25 February 2022]
Public Service Commission Act, 1997
