Films and Publications Act, 1996 (Act No. 65 of 1996)

Chapter 6 : Exemptions: Publications and Films

24A. Prohibitions, offences and penalties on possession of films, games and publications
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[Section 24A heading substituted by section 24 of Proc 52, GG 45959, dated 25 February 2022]

 

(1) Any person who knowingly distributes or exhibits in public a film or game without first having been registered with the Board as a distributor or exhibitor of films or games shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R150 000 or to imprisonment for a period not exceeding eight months or to both a fine and such imprisonment.

 

(2)Any person who knowingly broadcasts, distributes, exhibits in public, offers for sale or hire or advertises for exhibition, sale or hire any film, game or a publication referred to in section 16(2) which has, except with respect to broadcasters that are subject to regulation by the Independent Communications Authority of South Africa and except with regard to a publication contemplated in section 16(1)—
(a)not been classified by the Board;
(b) been classified as a "refused classification"; or
(c) been classified as "XX" or would have been so classified had it been submitted for classification,

shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R500 000 or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(3) Any person, not being the holder of a licence to conduct the business of adult premises and, with regard to films and games, not being registered with the Board as a distributor or exhibitor of films or games, and who knowingly broadcasts, distributes, exhibits in public, offers for exhibition, sale or hire or advertises for sale or hire any film, game or a publication which has been classified "X18", or would have been so classified had it been submitted for classification, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R750 000 or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(4) Any person who knowingly distributes or exhibits any film, game or publication—
(a) classified as "X18"; or
(b) which contains depictions, descriptions or scenes of explicit sexual conduct, which would have justified an 'X18' classification,

to a person under the age of 18 years, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R750 000 or imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(5) Any person who knowingly distributes a film, game or publication which has been classified by the Board without displaying, clearly and conspicuously and in the prescribed manner, the classification reference number, the age restriction, consumer advice and any other condition imposed on the distribution of that film, game or publication shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R50 000 to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.

 

(6) Any person who knowingly advertises a film or game in any medium without indicating, clearly and conspicuously so as to be plainly visible to the public, the age restriction, consumer advice and any other condition imposed on the film or game being advertised, shall be guilty of an offence and liable, upon conviction, to be a fine not exceeding R50 000 or to imprisonment for a period not exceeding eight months or to both a fine and such imprisonment.

 

(7) Any person who knowingly, or who ought to have reasonably known and without the prior written approval of the Board exhibits in public during the same screening session, or distributes on the same cassette or disc of a film or game, a trailer advertising a film or a game with a more restrictive classification than the featured film or game, shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R100 000 or to imprisonment for a period not exceeding eight months or to both a fine and such imprisonment.

 

[Section 24A substituted by section 24 of Proc 52, GG 45959, dated 25 February 2022]