that must be enforced by that body, which is to be or is being distributed in the Republic, be
classified in terms of this section.
(2) Any person, except the publisher of a newspaper contemplated in subsection (1), who,
for distribution or exhibition in the Republic creates, produces, publishes or advertises any
publication that—
(a)
contains sexual conduct which—
violates or shows disrespect for the right to human dignity of any person;
degrades a person; or
constitutes incitement to cause harm;
(b)
(c)
(d)
(i)
(ii)
(iii)
advocates propaganda for war;
incites violence; or
advocates hatred based on any identifiable group characteristic and that constitutes
incitement to cause harm,
shall submit, in the prescribed manner, such publication for examination and classification to the
Board before such publication is distributed, exhibited, offered or advertised for distribution or
exhibition.
(3) The Board shall refer any publication submitted to the Board in terms of subsection (1)
or (2) to a classification committee for examination and classification of such publication.
(4) The classification committee shall, in the prescribed manner, examine a publication
referred to it and shall—
(a)
classify that publication as a “refused classification” if the publication contains—
(i)
child pornography, propaganda for war or incitement of imminent violence; or
(ii)
the advocacy of hatred based on any identifiable group characteristic and that
constitutes incitement to cause harm, unless, judged within context, the
publication is, except with respect to child pornography, a bona fide
documentary or is a publication of scientific, literary or artistic merit or is on a
matter of public interest;
(b)
classify the publication as “XX” if it contains—
(i)
explicit sexual conduct which violates or shows disrespect for the right to
human dignity of any person;
(ii)
bestiality, incest, rape or conduct or an act which is degrading of human
beings;
(iii)
conduct or an act which constitutes incitement of, encourages or promotes
harmful behaviour;