explicit infliction of sexual or domestic violence; or
explicit visual presentations of extreme violence,
(iv)
(v)
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)
(d)
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
if the publication contains material which may be disturbing or harmful to or ageinappropriate 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.
[S. 16 substituted by s. 19 of Act No. 3 of 2009.]
Wording of Sections
Wording of Sections
s 16 of Act 65 of 1996 prior to amendment by Act 3 of 2009
17.
......
[S. 17 substituted by s. 6 of Act No. 18 of 2004 and repealed by s. 20 of Act No. 3 of 2009.]
Wording of Sections
CHAPTER 4
Applications for, and Classification of Films
Wording of Sections
s 17 of Act 65 of 1996 prior to amendment by Act 18 of 2004
s 17 of Act 65 of 1996 prior to amendment by Act 3 of 2009
18. Classification of films and games.—(1) Any person who distributes, broadcasts or
exhibits any film or game in the Republic shall in the prescribed manner on payment of the
prescribed fee—
(a)
(b)
register with the Board as a distributor or exhibitor of films or games; and