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Table of Contents
Films and Publications Act, 1996 (Act No. 65 of 1996)
Notice No. 1811 of 1996
Act
Chapter 1 : Definitions
1. Definitions
Chapter 2 : Film and Publication Board : Film and Publication Appeal Tribunal
2. Object of Act
3. Establishment of Film and Publication Board, Council, Appeal Tribunal and Enforcement Committee
4. Composition of Council
4A. Powers and duties of Council
5. Composition of Appeal Tribunal
6. Members of Council and Appeal Tribunal to be appointed by Minister
6A. Composition of Enforcement Committee
6B. Powers and duties of Enforcement Committee
6C. Removal of members of Enforcement Committee from office
7. Disqualifications with regard to membership of Council, Appeal Tribunal or Enforcement Committee
8. Period of office of members of Council, Appeal Tribunal and Enforcement Committee
9. Removal from office
9A. Composition, functions and management of Board
10. Classification committees
11. Administrative support for Council, Appeal Tribunal and Enforcement Committee
12. Remuneration
13. Expenditure
14. Annual report
15. [Repealed] Functions of chief executive officer
15A. Functions and powers of compliance officers
Chapter 3 : Complaints and Applications concerning Publications
16. Classification of publications
17. [Repealed] Classification of publications
Chapter 4 : Classification of films and games, self-classification, accreditation, complaints and prohibited content
18. Classification of films and games
[Repealed] 18A. Display of classification decisions
[Repealed] 18B. Re-classification
18C. Self-classification
18D. Approval of accredited foreign or international classification systems by the Council
18E. Complaints against prohibited content
18F. Prohibition against distribution of private sexual photographs and films
18G. Prohibition against filming and distribution of films and photographs depicting sexual violence and violence against children
18H. Prohibition against propaganda for war, incitement of imminent violence and advocacy of hatred that is based on identifiable group characteristics, and that constitutes incitement to cause harm
18I. Display of classification decisions
18J. Re-classification
Chapter 5 : Right to appear and to appeal to Appeal Tribunal
19. Right to appear, to be represented, to adduce evidence, to address, to have case and arguments properly considered, and to be informed of grounds of decision
20. Right to appear and to appeal to Appeal Tribunal
21. [Repealed] Appeal to Supreme Court
Chapter 6 : Exemptions: Publications and Films
22. Exemption of persons from certain sections, and exclusions from application of this Act
23. Exhibition of films to distributor of films not prohibited by this Act
24. Exemption in respect of distribution of certain publications and films: Adult premises
24A. Prohibitions, offences and penalties on possessions of films, games and publications
24B. Offences and penalties in respect of child pornography and sexual exploitation of children
24C. Obligations of internet access and service providers
24D. Prohibition, offences and penalties for submission of false and misleading information to online submission system of Board
24E. Prohibitions, offences and penalties on distribution of private sexual photographs and films
24F. Prohibitions, offences and penalties on filming and distribution of films and photographs depicting sexual assault and violence against children
24G. Prohibitions, offences and penalties on propaganda for war, incitement of imminent violence, and advocacy of hatred based on an identifiable group characteristic and that constitutes incitement to cause harm
25. [Repealed] Prohibition of distribution of publications contrary to classifications
Chapter 7 : Prohibition of Conduct Contrary to Classifications
26. [Repealed] Prohibition relating to exhibition, distribution or advertisement of films
27. [Repealed] Possession of certain publications and films prohibited
27A. Registration and other obligations of Internet service providers
28. [Repealed] Distribution of certain publications prohibited
29. [Repealed] Advocating war, violence and hatred
30. [Repealed] Punishment
30A. Extra-territorial jurisdiction
30B. Presumptions and proof
Chapter 8 : Regulations, Amendment and Repeal of Laws
31. Regulations
31A. Procedure for making regulations
32. [Repealed] Review of certain decisions with regard to publications and films
33. Repeal of laws
34. Amendment of Act 71 of 1991
35. Short title and commencement
Schedules
Schedule 1 : [Repealed] XX Classification for Publications
Schedule 2 : [Repealed] X18 Classification for Publications
Schedule 3 : [Repealed] Age Restrictions for Publications
Schedule 4 : [Repealed] F18 Classification for Periodical Publications
Schedule 5 : [Repealed] Art and Science Exemption for Publications
Schedule 6 : [Repealed] XX Classification for Films
Schedule 7 : [Repealed] X18 Classification for Films
Schedule 8 : [Repealed] Age Restriction for Films
Schedule 9 : [Repealed] Art and Science Exemption for Films
Schedule 10 : [Repealed] Promotion of Hatred
Schedule 11 : [Repealed] Sexual Conduct
Schedule 12 : Acts Repealed
Regulations
Films and Publications Regulations (Games), 1999
Notice No. R348 of 1999
Classification of Games
1. Definition
2. Application for classification of a game
3. Application for reclassification of a game
4. Application for exemption from certain sections of the Act
5. Notice of approval of game for distribution
6. Appeal to the Review Board
7. Application for copy of certificate of classification
8. Application for copy of report of the Review Board
9. Short title and commencement
Annexures
Annexure 1 : Prescribed form for classification of games
Annexure 2 : Prescribed form for reclassification of games
Annexure 3 : Prescribed form for application for exemption
Annexure 4 : Prescribed form for appeal to Review Board
Films and Publications Regulations (Games) (Fees), 1999
Notice No. R349 of 1999
1. Definitions
2. Fees
3. Short title
Annexure
Films and Publications Regulations (Adult Premises), 2001
Notice No. R163 of 2001
Films and Publications Regulations (Fees) 2006/2007
Notice No. 356 of 2006
Regulations on Fees for Registration, Renewal of Registrations for Distributors, ISP'S and Classification of Films, Games and Publications and Other Services
Notice No. 674 of 2010
[Repealed] Films and Publications Regulations, 2014
Notice No. R184 of 2014
Part 1 : Definitions
1. Definitions
Part 2 : Registration as Distributor or Exhibitor
2. Registration as distributor or exhibitor
3. Renewal of registration certificate as distributor or exhibitor
4. Display of registration certificate
Part 3 : Procedure for Appointment of Classification Committees
5. Appointment of classification committees
Part 4 : Submission of Publications, Films and Games for Classification and Display Requirements
6. Request for examination and classification of publications
7. Compulsory submission of publications
8. Display of certificate of classification on publications classified as "X18"
9. Display of publications containing adult content
10. Application for classification of films
11. Application for classification of exempted films
12. Classification of music DVDs, educational films and children's films
13. Display of certificate of classification on music DVDs, educational films and children's films
14. Display of classification decisions
15. Re-classification of film, game or a pubication
16. Application for classification of games
17. Application to appear before Board
Part 5 : Procedure for Classification of Films, Games and Publications
18. Procedure for classification of films, games and publications by classification committees
19. Films, games or publications containing child pornography
Part 6 : Adult Premises
20. Application for exemption to distribute films, games and publications classified as "X18"
Part 7 : Obligations of Internet Service Providers in relation to Duty to Register with Board and Online Submission of Films, Games and Publications for Classification
21. Internet service providers
22. Display of registration certificate
23. Submission of online content for classification
Part 8 : Exemption
24. Application to be exempted from the Act in respect of certain films, games and publications
25. Procedure for exemption of films intended for exhibition at film festivals
Part 9 : Appeals
26. Appeal against classification decision in respect of films or games
27. Appeal against decision in respect of complaint against publication referred to Board
Part 10 : General Provisions
28. Application for authorisation to screen trailers with higher ratings in same screening with films with non-restrictive ratings
29. Application for copy of classificaiton decision
30. Application for list of films classified by Board
31. Notice of contravention
32. Notice to remove from display
33. Conditions for films, games and publications removed from display
34. Repeal of Regulations
35. Short title
Annexures
Annexure A : Board/E
Annexure B : FPB/PB
Annexure C : Board/FL
Annexure D : Board/RC/P
Annexure E : Board/CM
Annexure F : Board/GM
Annexure G : Board/RC
Annexure H : Board/AD
Annexure I : Board/EX
Annexure K: Board/AP
Annexure : Board/CN
Annexure M : Board/CP
Annexure N : Board/LF
Annexure O : Board/NC
Annexure P : Board/NR
Amended Films and Publications Tariff's Regulations, 2022
Notice No. 1174 of 2020
Schedule 1 : Physical Content and Distributor Size
Schedule 2 : Online Distribution
Schedule 3 : Payments in respect of Annual Licence Fees
Schedule 4 : Interest on Overdue Accounts and Consumer Price Index Increase
Films and Publications Regulations, 2022
Notice No. R. 2436 of 2022
Schedule 1
Part 1
1. Definitions
Part 2: Registration as Distributor
2. Registration as a distributor
3. Renewal of registration certificate as distributor
4. Display of registration certificate
Part 3: Submission of Publications, Films and Games for classification and display requirements
5. Request for examination and classification of publications
6. Compulsory submission of publications
7. Display of certificate of classification on publications classified as "X18"
8. Display of publications containing adult content
9. Application for classification of films
10. Application for classification of exempted films
11. Application for classification of games
12. Display of classification decisions
13. Re-classification of publications, films or games
14. Application to appear before FPB
Part 4: Accreditation of Commercial Online Distributors' Classification System
15. Accreditation of a Foreign or International Classification System
Part 5: Submission of Online Content for Classification
16. Submission of online content for classification
Part 6: Procedure for the Application by Commercial Online Distributors to Self-Classify Content
17. Procedure for application for self-classification of films, games and publications
18. Classification by the Distributor and Display of FPB logo
19. Training on the Act, Regulations and Classification Guidelines of the FPB
20. Compliance Monitoring by the FPB
Part 7: Procedure for Appointment of Classification Committees
21. Appointment of classification committees
Part 8: Procedure for Classification of Publications, Films and Games
22. Procedure for classification of publications, films and games by classification committee
23. Publications, films or games containing child pornography
Part 9: Exemptions
24. Application to be exempted from the Act in respect of certain publications, films and games
25. Procedure for exemption of films intended for exhibition at film festivals
26. Procedure for exemption of games intended for exhibition or distribution at game festivals
Part 10: Adult Premises
27. Application for exemption to distribute films, games and publications classified as "X18" at a physical premises
Distribution of Films or Games classified as "X18" Online
28. Application for exemption to distribute publications, films and games classified as "X18" Online
Part 11: Obligations of Internet Service Providers in relation to the Duty to Register with the FPB and Display Registration Certificates
29. Internet Service Providers
30. Display of registration certificate
Part 12: Complaints against prohibited content, distribution of private sexual photographs and films and filming and distribution of films and photographs depicting sexual violence and violence against children
31. Complaints by any person about unclassified, prohibited content, or potential prohibited content in terms of services being offered online, the distribution of private sexual photographs and films and filming, and distribution of films and photographs
Part 13: General Provisions
32. Version of a publication, film or game submitted for classification
33. Application for authorisation to screen trailers with higher ratings in same screening with films with non-restrictive ratings
34. Application for copy of classification decision
35. Application for list of films classified by FPB
36. Notice of contravention
37. Notice to remove from display
38. Conditions for publications, films and games removed from display
Schedule 2
Part 1
1. Definitions
Part 2: Appeal Tribunal Office Functions
2. Office hours and address of Appeal Tribunal
3. Condonation of time limits
3. Registrar
Delivery of Documents
4. Delivery of Documents
5. Filing documents
6. Fees
7. Form of notices and applications
8. Access to information
Appeal Tribunal Procedures
9. Initiating appeal procedures
10. Form of appeal
11. Answer
12. Reply
13. Amending documents
14. Completion of complaint file
15. Pre-hearing conferences
16. Other powers of member at pre-hearing conference
17. Settlement conference
18. Appeal record
19. Heads of argument
20. Appeal hearing
21. Urgent appeals
Representation of Parties, Intervenors, Witnesses, and Interpreters
22. Representation of parties
23. Joinder or substitution of parties
Withdrawals, Postponements, Set-Down and Matters Struck-Off
24. Withdrawals and postponements
25. Set down of matters
26. Matters struck-off
27. Default orders
Procedures Generally
28. Late filing, extension and reduction of time
29. Conduct of hearings
30. Guidelines
31. Record of hearing
32. Pending matters
Schedule 3
Part 1
1. Definitions
Part 2: Repeal of Regulations and Short Title
2. Repeal of Regulations
3. Short title
Part 3: Transitional Arrangements
4. Continuation of pre-existing online distribution agreements
5. General preservation of regulations, rights, duties, notices and other instruments
Regulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022
Notice No. 2922 of 2023
Schedule 1
Part 1
1. Definitions
Part 2 : General Provisions
2. General provisions applicable to applications for licences and permits, and registrations for licences and permits
3. Prohibitions, offences, penalties, tariffs, and standard terms and conditions
4. Amendment of licences and permits
5. Renewal of licences and permits
6. Transfer of licences and permits, and changes in ownership and control
7. Surrender of licences and permits
8. Temporary registration
9. Compliance
Schedule 2
Part 1 : Registration as Distributor
10. Registration as a distributor
11. Renewal of registration as distributor
12. Standard terms and conditions
13. Additional terms and conditions
Part 2 : Accreditation of a Foreign or International Classification System
14. Accreditation of a Foreign or International Classification System
15. Renewal of the accreditation of a Foreign or International Classification System
16 - 18. Suspension of the accreditation of a Foreign or International Classification System
Part 3 : Procedures for Application for Self-Classification of Films, Games and Publications
19. Procedure for application for self-classification of films, games and publications
20. Renewal of the annual Permit to self-classify films, games and publications
21. Suspension of the annual Permit to conduct classifications of publications, where applicable, films or games
22. Standard terms and conditions
23. Additional terms and conditions
Part 4 : Exemption Applications
24. Application to be exempted from the Act in respect of certain publications, films and games
25. Standard terms and conditions
26. Additional terms and conditions
Part 5 : Adult Premises
27. Application for exemption to distribute films, games and publications classified as "X18" at a physical address
28. Renewal of the licence to conduct the business of an adult premises
29. Suspension of the licence to conduct the business of an adult premises
30. Standard terms and conditions
31. Additional terms and conditions
Part 6 : Distribution of Films or Games Classified as "X18" Online
32. Application for exemption to distribute publications, films and games classified as "X18" online
33. Renewal of the licence to distribute publications, films and games classified as "X18" online
34. Suspension of the licence to distribute publications, films and games classified as "X18" online
35. Standard terms and conditions
36. Additional terms and conditions
Part 7 : Internet Service Providers
37. Internet Service Providers
38. Renewal of the registration as an internet service provider
40. Suspension of the registration as an internet service provider
41. Standard terms and conditions
42. Additional terms and conditions
Schedule 3 - Transitional Arrangements
43. Continuation of pre-existing online distribution agreements
44. Short title
Notices
Change of Applicable Tarriffs 2012
Notice No. 524 of 2012
[Repealed] Classification Guidelines for the Classification of Films, Interactive Computer Games and Certain Publications, 2019
Notice No. 539 of 2019
1. Introduction and Application of Guidelines
2. Definitions
3. Purpose of Guidelines
Part A - Films and Trailers
4. Guiding Principles
5. Classification Categories of Films
6. General Consideration for the Classification of Trailers
7. General Considerations for Films of Educational Value
Part B - Games
8. Guiding Principles
9. Classification Categories of Games
Part C - Publications
10. Guiding Principles
11. Classification Categories of Publications
12. Effective Date
13. Repealed Guidelines
Classification Guidelines for the Classification of Films, Games and Certain Publications, 2022
Notice No. 2281 of 2022
1. Introduction and Application of Guidelines
2. Definitions and Classifiable Elements
3. Purpose and Application of the Guidelines
Part A - Films and Trailers
4. Films and Trailers
4.1 Guiding Principles
4.2 Classification Categories of Films
4.3 General Consideration for the Classification of Trailers
4.4 General Considerations for films of Educational Value
Part B - Games
5. Games
5.1 Guiding Principles
5.2 Classification Categories of Games
Part C - Publications
6. Publications
6.1 Guiding Principles
6.2 Classification Categories of Publications
7. Effective Date
8. Repealed Guidelines
Notice in terms of Section 24C and Section 27A of the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended
Notice No. 2682 of 2022
Schedule 1
1. Definitions
Schedule 2 - Obligations of Internet Access and Service Providers
2. Obligations by Internet Access and Service Providers
3. Offence and liability for non-compliance
Schedule 3
4. Registration and other obligations of internet service providers
5. Knowledge of the use of services of an internet service provider
6. Particulars of users
7. Offence and liability for non-compliance
Schedule 4
8. Complaints against prohibited content
Schedule 5
9. Details of where responses should be communicated
Notice in terms of Section 18(1) and Section 24A of the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended
Notice No. 4383 of 2024
Schedule 1
1. Definitions
Schedule 2 : Registration as Distributors or Exhibitors of Films and Games in the Republic of South Africa
2. Obligations of distributors or exhibitors
3. Compliance by distributors not required to submit film or game for classification
4. Offence and liability for non-compliance
Schedule 3
5. Registration as a distributor
6. Self-classification
7. Referral to the Enforcement Committee
Schedule 4
8. Details on registration as a distributor
Rules
Enforcement Committee Rules, 2022
Notice No. R. 2922 of 2023
Schedule 1
Part 1
1. Definitions
Part 2 : Enforcement Committee Office Functions
2. Functions, office hours and address of Enforcement Committee
3. Condonation of time limits
4. Enforcement Registrar
Delivery of Documents
5. Delivery of Documents
6. Filing documents
7. Fees
8. Access to information
Part 3 : Enforcement Committee Procedures
9. Initiating proceedings
10. Defective notices
11. Power to strike out
12. Amendments to notice
13. Withdrawal
Response to Enforcement Committee Proceedings
14. Acknowledgment and notification
15. Answer
16. Reply to answer
17. Further pleadings
Additional Parties and Additional Cases
18. Additional parties
19. Additional cases
20. Powers on receipt of an additional case
Summary Disposal
21. Default judgment
22. Summary judgment
Offers to Settle
23. Settlement offers
24. Clarification of a settlement offer
25. Withdrawing or changing a settlement offer
26. Costs consequences of acceptance of a settlement offer
27. Costs consequences following judgment
Case Management
28. Directions
29. Case management and pre-hearing conferences
30. Evidence
Interim Orders and Measures
31. Power to make interim orders and to take interim measures
Part 4 : The Hearing
32. Hearing to be in public
33. Quorum
Confidentiality
34. Requests for confidential treatment
35. Subsequent use of documents provided in proceedings
Decision of the Enforcement Committee
36. Delivery of the decision
37. Costs
38. Interest
39. Consent orders
40. Quarterly report by the Enforcement Committee
Part 5 : Short Title and Commencement
41. Short title
42. Commencement
Procedures
Film and Publication Board Complaints Handling Procedures
Notice No. 2932 of 2023
Chapter 1 : Purpose of Procedures
1. Purpose
Chapter 2 : Definitions
2. Definitions
Chapter 3 : Lodging Complaints
3. Complaints which may be investigated by the FPB
4. Complaints not dealt with by the FPB
5. Place of lodging a complaint
6. Who can lodge a complaint
7. Information required when lodging a complaint
8. Confidentiality
9. Format of lodging a complaint
Chapter 4 : Processing of Complaints
10. Procedure followed after lodging a complaint
Chapter 5 : Conclusion of Complaints
11. Conclusion of complaints
12. Institution of legal proceedings before the Enforcement Committee
13. Repeal or amendment of Procedures
14. Short title and commencement
Annexure A : Film and Publication Board Complaint Form
Proclamations
Commencement of Films and Publications Amendment Act 2019
Proclamation Notice 52 of 2022
Board
means the Film and Publication Board, established by
section 3
;
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