Films and Publications Act, 1996 (Act No. 65 of 1996)NoticesClassification Guidelines for the Classification of Films, Games and Certain Publications, 20223. Purpose and Application of the Guidelines |
| 3.1 | Purpose of the Guidelines |
| (1) | The purpose of the Guidelines is to provide general rules to ensure: |
| (a) | That information is provided that will allow adults to make informed viewing, gaming and reading choices, both for themselves and for children in their care; |
| (b) | That will protect children from exposure to potentially disturbing or harmful contents and from premature exposure to adult experiences; |
| (c) | That the use of children in and the exposure of children to pornography punishable; and |
| (d) | The possession, production and distribution of child pornography is criminalised. |
| (2) | In making their decisions, classification committees, consistent with the principle that in all matters concerning children, the best interests of children are paramount, must aim to strike a reasonable balance between competing interests and the protection of children from potentially disturbing, harmful and age-inappropriate content. |
| (3) | The Guidelines provide for the consideration of artistic, dramatic or scientific merit which are but one of the considerations in making a classification decision. Accordingly, it should not be elevated above other factors to be considered in making a classification decision. |
| (4) | When interpreting and applying these Guidelines, cognisance shall be taken of the country’s diversity, and effect shall be given thereto. |
| (5) | Classifiers must also take cognisance that Guidelines cannot be comprehensive in identifying all potential disturbing and harmful content. In addition, there may be content or content that may not be disturbing or harmful, but that may be age inappropriate and unacceptable to the community in general. |
| 3.2 | Application of the Guidelines |
| (1) | These Guidelines, to the extent of content which falls within the legislative scope of the Act, apply to: |
| (a) | Distributors who in terms of the definitions provided in section 1 of the Act conducts the business of selling, hiring out or exhibition of such content and distributes by selling, hiring out or offering or keeping for sale or hire of such content; and |
| (b) | Classification committees constituted by the FPB to the extent that same have been directed to classify the content which has been submitted to for such purposes. |
| (2) | The definitions of the words distributor and distribute are broad enough to encompass the streaming of content through the internet, social media or other electronic mediums. |