Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsRegulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022Schedule 2Part 6 : Distribution of Films or Games Classified as "X18" Online32. Application for exemption to distribute publications, films and games classified as "X18" online |
| (1) | An application to be for an exemption by a registered film or game distributor to distribute a film or game classified as “X18” online in terms of section 24 (3) of the Act must be made on the application and registration forms to be used when submitting applications or when registering, together with instructions and information as to the submission of such forms, whether in paper format or electronically, may be accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website. |
| (2) | The application referred to in sub-regulation 32 (1) of these Regulations must include— |
| (a) | proof of registration of the business of the applicant in terms of the applicable legislation; |
| (b) | a document confirming that the applicant's tax affairs are in order; |
| (c) | a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (d) | proof of payment of the prescribed fee. |
| (3) | The application referred to in sub-regulation 32 (1) of these Regulations must indicate how the distributor shall ensure— |
| (a) | that children under the age of 18 (eighteen) would not be able to access a film or game classified as “X18” online or any promotion of such a film or game; |
| (b) | that the classification and age restriction are clearly displayed on the screen of the user throughout the screening; |
| (c) | that the user has confirmed that he or she is 18 (eighteen) years or older prior to commencing viewing of the film, playing the game or viewing the promotion of the film or game; |
| (d) | that it shall not distribute any promotion of the film or game to be accessed without it being paid for by way of a credit card or another child secure method agreed to by the FPB; and |
| (e) | the keeping of a register, solely for the distributor’s private records and kept for 1 (one) year from the date on which distribution took place, indicating— |
| (i) | all instances where access was granted to a user; and |
| (ii) | the user’s name, address and verified age. |
| (4) | On approval of the application, the FPB must issue the applicant with a Notice of Exemption in terms of section 24 (3) of the Act. |