| (1) | Publications are classified into categories on the basis of: |
| (b) | Impact of classifiable elements. |
| (2) | Both requirements must be considered and content that is rated in any category should fulfil all stated requirements. Should it not, classifiers should consider the higher or lower category, depending on the merits. |
| (a) | Themes of an adult nature should be treated discreetly, not be exploitative, and cause no moral harm; and |
| (b) | No significant single or cumulative occurrences of classifiable elements. |
| (a) | Themes of an adult nature should be treated discreetly, not be exploitative, and cause no moral harm. |
| (b) | Single or cumulative occurrences of classifiable elements; |
| (c) | Any textual reference to sexual violence must be treated discreetly; |
| (d) | No detailed descriptions of nudity, sexually-related activity, or violence; |
| (e) | The content contains no classifiable elements, or it has a low to mild impact language as set below: |
| (i) | Language 'L' – content may contain only occurrences of low to mild impact language; |
| (ii) | Nudity 'N' – content may contain only occurrences of low to mild impact nudity in non-sexual contexts; |
| (iii) | Prejudice 'P' – content may contain only occurrences of low to mild impact prejudice if it is clearly disapproved; |
| (iv) | Sexual conduct 'S' – content may not contain any occurrences of implied, verbal or actual sexual conduct but may contain occurrences of affection; |
| (v) | Sexual violence 'SV' – content may not contain any occurrences of implied, verbal or actual sexual conduct; |
| (vi) | Violence 'V' – content may contain occurrences of implied, verbal or actual low to mild impact violence; |
| (vii) | Criminal Techniques 'CT' – content may not contain any occurrences of implied, verbal or actual criminal techniques ; |
| (a) | Themes of an adult nature should not be exploitative or cause moral harm; |
| (b) | Single or cumulative occurrences of classifiable elements; |
| (c) | May have textual description and visual presentation of certain classifiable elements such as nudity, sexual conduct, or violence; |
| (d) | However, any textual description of sexual violence must be treated discreetly, and may not contain any visual presentation of sexual violence; |
| (e) | No details or close-ups of nudity, sexual conduct or violence; |
| (f) | Classifiable elements are not exploitative and gratuitous; |
| (g) | The content contains classifiable elements that have a moderate impact, with some elements having a strong impact, as set out below: |
| (i) | Language 'L' – content may contain only occurrences of implied, verbal or actual moderate impact language; |
| (ii) | Nudity 'N' – content may contain only occurrences of implied, verbal or actual moderate impact nudity; |
| (iii) | Prejudice 'P'– content may contain only occurrences of implied, verbal or actual moderate impact prejudice if it is clearly disapproved; |
| (iv) | Sexual conduct 'S'– content may contain only occurrences of implied, verbal or actual moderate impact sexual conduct; |
| (v) | Sexual violence 'SV' – content may not contain any occurrences of implied, verbal or actual sexual violence; |
| (vi) | Violence'V' – content may contain only occurrences of implied, verbal or actual moderate impact violence; and |
| (vii) | Criminal Techniques 'CT'– content may contain only limited occurrences of implied, verbal or actual criminal techniques. |
| (a) | May contain details and close-ups of classifiable elements; |
| (b) | Textual description or visual presentation of certain classifiable elements such as sexual conduct or violence; |
| (c) | Any textual description or visual presentation of sexual violence that does not contain explicit sexual violence which violates or disrespects the right to human dignity; |
| (d) | Publications with an age restriction of 18 must distrusted in an opaque wrapper that must clearly indicate the age restriction; |
| (e) | The content contains classifiable elements that have a moderate impact, with some elements having a strong or very strong impact, as set out below: |
| (i) | Language'L' – content may contain only occurrences of implied, verbal or actual strong to very strong impact language; |
| (ii) | Nudity 'N' – content may contain only occurrences of implied, verbal or actual strong impact nudity in sexual contexts; |
| (iii) | Prejudice 'P' – content may contain only occurrences of implied, verbal or actual strong impact prejudice; |
| (iv) | Sexual conduct 'S'– content may contain only occurrences of implied, verbal or actual strong impact sexual conduct; |
| (v) | Sexual violence 'SV' – content may contain only occurrences of implied, verbal or actual strong impact sexual violence; |
| (vi) | Violence 'V' – content may contain only occurrences of implied, verbal or actual strong to very strong impact violence; and |
| (vii) | Criminal Techniques'CT' – content may contain only limited occurrences of implied, verbal or actual criminal techniques. |
| (7) | Refused Classification |
| (a) | Publications must be classified as a “refused classification” if the publication contains – |
| (i) | child pornography, propaganda for war or incitement of imminent violence; or |
| (ii) | the advocacy of hatred based on any identifiable group characteristic and that constitutes incitement to cause harm, unless, judged within context, the publication is a bona fide documentary or is a publication of scientific, literary or artistic merit or is on a matter of public interest in which event the publication shall be classified with reference to the guidelines relating to the protection of children from exposure to disturbing harmful or age inappropriate materials. |
| (b) | Where a publication has been classified as a “refused classification”, the chief executive officer shall cause that classification decision to be published by notice in the Gazette, together with the reasons for the decision. |
| (c) | Where a publication submitted to the FPB in terms of this section contains child pornography, the chief executive officer shall refer that publication to a police official of the South African Police Service for investigation and prosecution. |
| (8) | Presumptively Harmful Content – XX |
| (a) | Publications must be classified as ‘XX’ if they depict the following, as set out in section 16 of the Act: |
| (i) | Explicit sexual conduct which violates or shows disrespect for the right to human dignity of any person; |
| (ii) | Bestiality, incest, rape, or conduct or an act which is degrading of human beings; |
| (iii) | Explicit infliction of domestic violence |
| (iv) | Explicit visual presentations of extreme violence; |
Unless, judged within context, the publication is a bona fide documentary, or is of scientific, dramatic or artistic merit, or is on a matter of public interest, in which case a publication that contains explicit sexual conduct which violates or shows disrespect for the right to human dignity shall be classified ‘X18’, and other publications classified with reference to the relevant guidelines relating to the protection of children from exposure to disturbing, harmful or age inappropriate content, except with respect to child pornography.
| (b) | The interpretation of (8)(a)(i)-(iv) above includes instances of: |
| (i) | Detailed instruction in or promotion of matters of crime or violence; |
| (ii) | Gratuitous, exploitative or offensive depictions of sexual conduct, including harmful paraphilias; |
| (iii) | Any content including depictions or dialogue likely to encourage an interest in harmful paraphilias or sexual violence; |
| (iv) | Gratuitous, exploitative or offensive depictions of violence that are presumptively harmful, or that are excessively frequent or detailed, or that depict cruelty to humans and animals, or occurrences of real violence that are presumptively harmful; |
| (v) | Detailed instruction in the use of proscribed drugs and content promoting or encouraging their use; |
| (vi) | Instances where participants are legally incapable of consenting to participate in sexual conduct or explicit sexual conduct and who appear to be non compos mentis (not of sound mind-i.e. in a drug- or alcohol-induced state, or mentally ill, and the like); |
| (c) | Any content that has been classified as 'XX' must be reported to the Chief Executive Officer for publication in the Gazette, together with the reasons for the decision. |
| (9) | Restricted Distribution Content – X18 |
| (a) | Publications must be classified as ‘X18’ if it contains explicit sexual conduct, unless, judged within context, the publication is a bona fide documentary or is a publication of scientific, literary or artistic merit or is on a matter of public interest, in which event the publication shall be classified with reference to the guidelines relating to the protection of children from exposure to disturbing, harmful and age inappropriate materials. |
| (b) | Publications classified as X18 contain one or more classifiable elements of strong or very strong impact. |
| (c) | Any publication which has been classified as ‘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. |
