| (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) | register with the Board as a distributor or exhibitor of films or games; and |
| (b) | 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 |
unless, judged within context, the film or game is a bona fide documentary, is of scientific, dramatic or artistic merit or is on a matter of public interest, in which event the film or game shall be classified with reference to the guidelines relating to the protection of children from exposure to disturbing, harmful or age-inappropriate materials;
[Words following Section 18(3)(a)(ii) substituted by section 17(a) of Proc 52, GG 45959, dated 25 February 2022]
| (b) | classify the film or game as "XX" if it contains— |
| (ii) | bestiality, incest, rape, conduct or an act which is degrading of human beings; |
| (iii) | [Section 18(3)(b)(iii) deleted by section 17(b) of Proc 52, GG 45959, dated 25 February 2022 - subsequent paragraphs have been renumbered] |
| (iv) | explicit visual presentations of extreme violence, |
unless, in respect of the film or game, judged within context, the film or game is 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
[Section 18(3)(b) substituted by section 17(b) of Proc 52, GG 45959, dated 25 February 2022]
| (c) | classify the film or game as "X18" if it contains explicit sexual conduct, unless, judged within context, the film or game is 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 |
[Section 18(3)(c) substituted by section 17(b) of Proc 52, GG 45959, dated 25 February 2022]
| (d) | if the film or game contains a scene which may be disturbing or harmful to, or age-inappropriate 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. |
| (4) | Where a film or game has been classified as a "refused classification" or has been classified as "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. |
| (5) | Where a film or game submitted to the Board in terms of this section contains child pornography, the chief executive officer shall refer that film or game to a police official of the South African Police Service for investigation and prosecution. |
| (6) | A broadcaster who is subject to regulation by the Independent Communications Authority of South Africa shall, for the purposes of broadcasting and online streaming, be exempt from the duty to apply for classification of a film or game and shall in relation to a film or game, not be subject to any classification or condition made by the Board in relation to that film or game |
[Section 18(6) substituted by section 17(c) of Proc 52, GG 45959, dated 25 February 2022]
