Films and Publications Act, 1996 (Act No. 65 of 1996) Notices Classification Guidelines for the Classification of Films, Games and Certain Publications, 2022 2. Definitions and Classifiable Elements

 

 

Words or expressions used in these Guidelines have the same meaning assigned to them in the Act, unless the context indicates otherwise.

 

"actual"

means a real act that does not merely exist potentially;

 

"action"

means a film genre in which characters are thrust into a series of challenges that typically include violence, extended fighting, physical feats, and frantic chases;

 

"affection"

means kissing or embracing in non-sexual contexts;

 

"abuse"

means to treat in a wrong, harmful or improper way or to misuse;

 

"artistic"

means conforming to the standards of art and satisfying aesthetic requirements;

 

"bestiality"

means a person who commits an act which causes penetration to any extent whatsoever by the genital organs of, into or beyond the mouth, genital organs or anus of an animal, or an animal into or beyond the mouth, genital organs or anus of, or of masturbation of an animal, or of masturbation with an animal, unless such act is committed for scientific reasons or breeding purposes;

 

"child"

means a person under the age of 18 years;

 

"child pornography"

means any image, however created, or any description or presentation of a person, real or simulated, who is, or who is depicted or described or presented as being, under the age of 18 years, of an explicit or sexual nature, whether such image or description or presentation is intended to stimulate erotic or aesthetic feelings or not, including any such image or description of such person—

any act contemplated in paragraphs (a) to (j); or

 

"classifiable element"

means a specific consideration, as set out in these Guidelines, which may influence the age restriction or other classification of content if it is present, based on the impact it has within a specific context;

 

"competitive intensity"

means the degree to which a player gets personally involved, and the level of excitement created in the player, as he or she engages with the various game levels in order to gain incentives and rewards (this includes the compulsive nature of gaming that could lead to addiction).

 

"context"

means the circumstances or background of content that should be viewed as a whole to understand the full meaning; in specific cases, it is the circumstances or background that come before and/or after a particular incident that contribute to understanding its full meaning;

 

"cumulative impact"

means the increase in quantity, degree, or force by successive additions of classifiable elements, the increase in the degree, intensity or force of a single classifiable element (sum of the effect of a single classifiable element having reached its highest intensity) or the impact of themes;

 

"domestic violence"

means depictions or descriptions of—

 

where such conduct harms, or may cause imminent harm to, the safety, health or wellbeing of the victim;

 

Between persons in a domestic relationship that includes where:

 

 

"dramatic"

means the serious presentations or stories with settings or life situations that portray realistic characters in conflict with either themselves, others, or forces of nature;

 

"educational"

means the act or process of imparting or acquiring knowledge, developing the powers of reasoning and judgement, and or generally preparing for mature life;

 

"explicit"

means—

 

"explicit sexual conduct"

means graphic and detailed visual presentation or descriptions of any conduct contemplated in the definition of "sexual conduct" in the Act;

 

"exploitative"

means making use of someone or something for selfish or improper reasons;

 

"extreme"

means to the greatest or utmost degree, extending significantly beyond the norm;

 

"extreme violence"

means exceptionally intense, graphic or prolonged scenes of violence;

 

"first-person game play"

means the player is the main character, and viewing is through the player’s eyes; it may mean the player is not seen in action but can view surroundings as in real life, and will be regarded as such even if views from other perspectives are also possible;

 

"flicker vertigo"

means an imbalance in brain-cell activity cause by exposure to low-frequency flickering (or flashing) of a relatively bright light;

 

"FP Act"

means the Films and Publications Act, 1996 (Act No. 65 of 1996) as amended;

 

"FPB"

means the Films and Publications Board;

 

"Gazette"

means the relevant Government Gazettes applicable at the time;

 

"game"

means a computer game, video game or other interactive computer software for interactive game playing, including games accessed or played using the internet, where the result achieved at various stages of the games are determined in response to the decisions, inputs and direct involvements of the game player or players;

 

"gratuitous"

means contextually unwarranted, uncalled for, or included without justification;

 

"harmful paraphilia"

is a condition in which a person's sexual arousal and gratification depend on fantasising about and engaging in sexual behaviour that is atypical and extreme. It may cause distress or serious problems for the paraphiliacs or persons associated with them;

 

"horror"

means the use of frightening elements to scare or unsettle the audience;

 

"identifiable group characteristic"

means group identification by race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth or nationality or any other ground where discrimination based on that other ground—

 

"impact"

means the potential effect of a single classifiable element or the cumulative effect of a number of classifiable elements;

 

"implied"

means to involve or indicate by inference, association, or necessary consequence rather than by direct statement;

 

"incitement to violence/incites imminent violence/incitement to cause harm"

means unconstitutional content that has a clear intention to provoke, encourage or propagate violence in terms of propaganda for war; inciting imminent violence or advocating hatred based on any identifiable group characteristics and constitutes incitement to cause harm;

 

"incest"

means a person within the following degrees of consanguinity (blood relationship), namely, ascendants and descendants in the direct line, or collaterals, if either of them is related to their common ancestor in the first degree of descent, or the prohibited degrees of affinity are relations by marriage in the ascending and descending line, or an adoptive relationship, who unlawfully and intentionally engages in an act of sexual penetration with another, despite their mutual consent to engage in such act.

 

"intensity"

means the strength of the treatment of, or engagement with, the classifiable elements in classifiable content;

 

"interactivity"

means the ability of a user to participate and control user action, data input and commands so as to influence outcomes that may affect what options are available for subsequent interaction;

 

"mature"

refers to relative cognitive (systematic, logical and abstract thought), moral (fairness, justice and, sense of right and wrong) and emotional maturity (able to regulate emotions);

 

"matters of public interest"

means discussions, debates or opinions on matter pertaining to the common well-being or general welfare of the public or serving the interests of the public, and includes discussions, debates and opinions on matters pertaining to religion, belief or conscience;

 

"menace"

means an intention to inflict psychological harm, a source of danger or threat, and the act of threatening and arousing fear; "menacing" has the same meaning;

 

"moral harm"

means desensitising to the effects of violence, diminished empathy, encouraging a dehumanised view of others, suppressing pro-social attitudes, encouraging anti-social attitudes, reinforcing unhealthy fantasies, or eroding a sense of moral responsibility, retarding social and moral development in children, distorting a child’s sense of right and wrong, and limiting a child’s capacity to compassion;

 

"nudity"

means the state or fact of being naked;

 

"parental guidance"

means that the content may contain classifiable elements that may be disturbing or harmful for young viewers, and that parents or caregivers are in the best position to decide whether or not a child in their care may access content classified as "PG" subject to the specified rating applicable to such content;

 

"prejudice"

means a pre-conceived judgement, or an adverse opinion or inclination, formed without just or rational grounds or before sufficient knowledge is gained, or that is based on group (such as race, ethnicity, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language; birth or other identifiable group characteristics) stereotypes, and that is degrading of human dignity;

 

"prohibited content"

means content which amounts to propaganda for war, incitement of imminent violence, advocacy of hatred that is based on an identifiable group characteristic, and that constitutes incitement to cause harm, or is prohibited in sections 16(2), 16(4) and 18(3) of the Act;

 

"realistic"

means representing things in a way that is accurate and true to life;

 

"scientific"

means content based on or characterized by the methods and principles of science;

 

"sexual conduct"

includes:

 

"sexual violence"

means any conduct or acts contemplated in the definitions of ‘sexual conduct’ and ‘explicit sexual conduct’ that are accompanied by force or coercion, actual or threatened, or that induce fear or psychological trauma in a victim;

 

"simulated"

in the context of "sexual intercourse" means the explicit depiction of sexual conduct that creates the appearance of actual sexual conduct and during which a person engaging in the said conduct exhibits any uncovered portion of the breasts, genitals, or buttocks;

 

"stereotype"

means a set of inaccurate, simplistic generalisations about a group that allow others to categorise them and treat them accordingly;

 

"strong language"

means crude words, threats, abuse, profanity or language that amounts to prejudice;

 

"stylised"

means using artistic forms and conventions to create effects that are unrealistic or not spontaneous;

 

"substance"

means chemical, psychoactive substances that are prone to be abused, including tobacco, alcohol, over-the-counter drugs, prescription drugs and substances enlisted in the Drug and Drug Trafficking Act (No. 140 of 1992) as amended, or proscribed (illicit) by the Minister of Health after consultation with the Medicines Control Council;

 

"substance abuse"

means the real or simulated:

 

"theme"

means the message or central idea that is conveyed through the narrative, genre, character development, cumulative effect of the classifiable elements, directing and cinematic techniques and which convey universal ideas or moral lessons;

 

"third person game play"

means the player is seen as a visible character on the screen, and the surrounding environment can be viewed; but the game will, however, only be regarded as such if there is no option for first-person game play;

 

"threat"

means an indication of impending physical or psychological harm;

 

"visual presentation"

means—

 

"violence"

means any physical harm, or psychological, emotional or verbal abuse, whether self-inflicted, interpersonal or collective, including gender-based violence and threats of violence.