| (1) | The Film and Publications Act No. 65 of 1996 recognises three categories of publications: |
| (a) | Publications that are bona fide newspapers or magazines published by a member of a body either recognised by the Press Ombudsman or another recognised self-regulatory authority, and that subscribe and adhere to a code of conduct. These do not fall within the jurisdiction of the FPB; and |
| (b) | Publications, other than those contemplated in subsection (1)(a) above, that contain content that advocates propaganda for war, incites violence, advocates hatred based on an identifiable group characteristic, and that constitutes incitement to cause harm, must be submitted by publishers before publication; and |
| (c) | Publications about which requests for classification are received by the FPB. |
| (2) | The classification of publications other than those referred to in sub-section (3) of these guidelines is voluntary; but any publication must be classified upon the request of any interested person. |
| (3) | Any person, except the publisher of a newspaper or magazine contemplated in subsection (1) above, who, for distribution or exhibition in the Republic creates, produces, publishes or advertises any publication that— |
| (a) | Advocates propaganda for war; |
| (c) | Advocates hatred based on any identifiable group characteristic and that constitutes incitement to cause harm; |
Shall submit, in the prescribed manner, such publication for examination and classification to the Board before such publication is distributed, exhibited, offered or advertised for distribution or exhibition.
| (4) | Compliance with the classification guidelines is mandatory for all relevant publications. |
| (5) | All classification decisions must consider the context and impact of content. |
| (6) | When considering context, the following factors may be taken into account: |
| (a) | The expectations of the public in general and the target market of the content; |
| (b) | The theme of the content; |
| (c) | The manner in which an issue is presented; |
| (d) | The literary, artistic, documentary or scientific merit of the publication, or its relevance to matters of public interest; |
| (e) | The apparent intention of the creator, producer or publisher of a publication as reflected in its effect. |
