20 (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; (iv) explicit infliction of sexual or domestic violence; or (v) explicit visual presentations of extreme violence, 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, in which event the publication shall be classified ‘‘X18’’ or classified with reference to the guidelines relating to the protection of children from exposure to disturbing, harmful or age-inappropriate materials; (c) classify the publication as X18 if it contains explicit sexual conduct, 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, in which event the publication shall be classified with reference to the guidelines relating to the protection of children from exposure to disturbing, harmful and age-inappropriate materials; or (d) if the publication contains material which may be disturbing or harmful to or age-inappropriate for children, classify that publication, with reference to the relevant guidelines, by the imposition of appropriate age-restrictions and such other conditions as may be necessary to protect children in the relevant age categories from exposure to such materials. (5) Where a publication has been classified as a ‘‘refused classification’’ or has been classified ‘‘XX’’ or ‘‘X18’’, the chief executive officer shall cause that classification decision to be published by notice in the Gazette, together with the reasons for the decision. (6) Where a publication submitted to the Board in terms of this section contains child pornography, the chief executive officer shall refer that publication to a police official of the South African Police Service for investigation and prosecution.’’. 5 10 15 20 25 30 35 40 45 50 Repeal of section 17 of Act 65 of 1996 20. Section 17 of the principal Act is hereby repealed. Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za