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(b) (c) the Council; and an Appeal Tribunal, which shall perform the functions, exercise the powers and carry out the duties assigned to, conferred on or imposed upon them in terms of this Act or any other law. (2) The Board and the Appeal Tribunal shall be independent and function without any bias. (3) The seat of the Board shall be determined by the Council in consultation with the Minister. [S. 3 substituted by s. 3 of Act No. 3 of 2009.] Wording of Sections Wording of Sections s 3 of Act 65 of 1996 prior to amendment by Act 3 of 2009 4. Composition of Council.—(1) The Council shall consist of— (a) (b) (c) a chairperson and a deputy chairperson, appointed by the Minister; such number of members, not exceeding seven, as the Minister may appoint having regard to the need to ensure that the membership of the Council is broadly representative of the South African community and relevant stakeholders; and the chief executive officer appointed by the Council in consultation with the Minister. (2) (a) In the absence of the chairperson the deputy chairperson shall act as chairperson. (b) In the absence of the chairperson and the deputy chairperson at a meeting, the Council shall elect one of the members present to act as the chairperson of that meeting. (3) Decisions of the Council shall be taken by a majority of votes, and in the case of an equality of votes, the chairperson of the meeting shall have the casting vote. (4) A quorum of the Council is constituted by fifty per cent plus one of its total number of members. [S. 4 amended by s. 2 of Act No. 18 of 2004 and substituted by s. 4 of Act No. 3 of 2009.] Wording of Sections Wording of Sections s 4 of Act 65 of 1996 prior to amendment by Act 18 of 2004 s 4 of Act 65 of 1996 prior to amendment by Act 3 of 2009 4A. Powers and duties of Council.—(1) The Council shall— (a) (b) (c) (d) in consultation with the Minister, issue directives of general application, including classification guidelines, in accordance with matters of national policy consistent with the purpose of this Act; determine and issue a Code of Conduct for members of the Council; in consultation with the Minister, appoint the chief executive officer;

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Films and Publications Act 1996

Law

Status of Law: Final/Active/Current

Country

South Africa

Country Location

Latitude: -28.58043087631903

Longitude: 24.820993917210945

Country Location (linked Law): South Africa

Keywords

Censorship
Child Pornography
Consumer Protection
Content Moderation
Freedom of Expression
Media/Press

Adoption Date: 1 de jun. de 1998

Type of Law: Legislation

Research Category: Sectoral Laws

Institution that Established this Law: Parliament of South Africa

Institution Established by this Law: Film Publication Board, Council and Appeal tribunal

Is this the Official Copy?: Yes

Date of Most Recent Amendment: 4 de jun. de 2009

Source Name and URL: saps.gov.za

Notes: Purpose of the Act The Films and Publications Act regulates the creation, production, possession, and distribution of films, games, and certain publications. It aims to provide consumer advice, protect children from harmful materials, and make the use of children in pornography punishable.

Key Provisions Establishment of Regulatory Bodies

The Act establishes the Film and Publication Board, Council, and Appeal Tribunal to oversee and implement the provisions of the Act. Functions of Compliance Officers

Compliance officers are authorized to advise distributors and exhibitors on legal requirements, ensure all films and games for sale or hire are classified, and enter premises for inspections with consent. Classification Committees

The Act outlines the formation and duties of classification committees responsible for evaluating and classifying films, games, and publications. Exemption and Permits

Certain films, games, and publications can be exempted from classification under specific conditions set by the Board. Exemptions can be granted by permit or notice in the Gazette and can be withdrawn upon due inquiry. Right to Appeal

The Act provides individuals the right to appear, be represented, adduce evidence, and appeal decisions to the Appeal Tribunal and the Supreme Court. Protection of Children

The Act includes stringent measures to protect children from exposure to harmful content and prohibits their involvement in the production of pornography. Consumer Advice and Information

It mandates the provision of consumer advice regarding the age-appropriateness and content of films, games, and publications, enabling informed decisions. Administrative Support

Administrative support for the Council and Appeal Tribunal is provided by the staff of the Board to facilitate their functions. Significance The Films and Publications Act plays a crucial role in maintaining societal standards regarding media content, safeguarding children from inappropriate materials, and ensuring that media distributors comply with established guidelines. It balances the freedom of expression with the need to protect vulnerable populations and uphold public morality.

Related Law (self)

Collection

CIPIT

Complete Name: Film and Publications Act N0.65 of 1996

Primary Documents

films_publications_act.pdf
English
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CYRILLA: Global Digital Rights Law

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Films and Publications Act 1996

Primary Documents

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