18 (b) ensuring that all films and games offered for sale or hire by a distributor have been classified in terms of this Act and that all such films and games display, in the prescribed manner, the classification reference number, the age restriction, consumer advice and such other conditions as may have been imposed on the distribution of such films and games by the Board, enter any premises, with the consent of the person in charge of such premises, on or in which the business of the sale, hire or exhibition of films or games is being conducted. (2) Upon entry of any premises contemplated in subsection (1), the compliance officer may— (a) request the production of a certificate of registration as a distributor or exhibitor of films or games issued by the Board and, where relevant, a licence to conduct the business of adult premises issued by a licensing authority contemplated in section 24 of this Act; (b) examine or inspect any premises being used to conduct the business of adult premises for compliance with the conditions contemplated in section 24(2) of this Act; (c) examine or inspect any film or games being offered for sale or hire for compliance with the requirements of this Act with regard to the distribution of that film or game; and (d) instruct that films, games and publications being offered for sale or hire that do not comply with the requirements of this Act or any decision of the Board with regard to the distribution of that film, game or publication be removed from any display or offer for sale or hire until such products comply with the requirements of this Act or any decision of the Board with regard to their distribution. (3) When performing any function in terms of this section, a compliance officer may request the assistance of a police official of the South African Police Service.’’. 5 10 15 20 25 30 Substitution of section 16 of Act 65 of 1996 19. The following section is hereby substituted for section 16 of the principal Act: ‘‘Classification of publications 16. (1) Any person may request, in the prescribed manner, that a publication, other than a bona fide newspaper that is published by a member of a body, recognised by the Press Ombudsman, which subscribes, and adheres, to a code of conduct 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— (i) violates or shows disrespect for the right to human dignity of any person; (ii) degrades a person; or (iii) constitutes incitement to cause harm; (b) advocates propaganda for war; (c) incites violence; or (d) 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. 35 40 45 50 Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za