submit for examination and classification any film or game that has not been
classified, exempted or approved in terms of this Act or the Publications Act,
1974 (Act No. 42 of 1974).
(2) The Board shall refer any film or game submitted under subsection (1) (b) to a
classification committee for examination and classification.
(3) The classification committee shall in the prescribed manner, examine the film or game
referred to it and shall—
(a)
classify the film or game as a “refused classification” if the film or game—
(i)
contains child pornography, propaganda for war or incites imminent
violence; or
(ii)
advocates hatred based on any identifiable group characteristic and that
constitutes incitement to cause harm,
unless, judged within context, the film or game is, except with respect to child
pornography, a bona fide documentary, is of scientific, dramatic or artistic merit or
is on a matter of public interest;
(b)
classify the film or game as “XX” if it depicts—
(i)
explicit sexual conduct which violates or shows disrespect for the right to
human dignity of any person;
(ii)
bestiality, incest, rape, conduct or an act which is degrading of human
beings;
(iii)
conduct or an act which constitutes incitement of, encourages or promotes
harmful behaviour;
explicit infliction of sexual or domestic violence; or
explicit visual presentations of extreme violence,
(iv)
(v)
unless, in respect of the film or game, judged within context, the film or game is,
except with respect to child pornography, a bona fide documentary or is of
scientific, dramatic or artistic merit, in which event the film or game shall be
classified “X18” or classified with reference to the relevant guidelines relating to the
protection of children from exposure to disturbing, harmful or age-inappropriate
materials;
(c)
(d)
classify the film or game as “X18” if it contains explicit sexual conduct, unless,
judged within context, the film or game is, except with respect to child
pornography, a bona fide documentary or is of scientific, dramatic or artistic merit,
in which event the film or game shall be classified with reference to the relevant
guidelines relating to the protection of children from exposure to disturbing,
harmful or age-inappropriate materials; or
if the film or game contains a scene which may be disturbing or harmful to, or ageinappropriate for children, classify that film or game with reference to the relevant
guidelines issued by the Board 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.