| (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 – content may only contain instances of low to mild impact language; |
| (ii) | Nudity – content may only contain instances of low to mild impact nudity in non-sexual contexts; |
| (iii) | Language that is prejudiced – content may not contain any language of prejudice unless clearly disapproved of; |
| (iv) | Prejudice – content may contain language of prejudice of low to mild impact if it is clearly disapproved of, in which case the ‘P’ advisory should be used; |
| (v) | Sexual conduct – content may not contain any depictions or language of actual or implied sexual conduct but may contain depictions of affection. Textual description, but no visual presentation, of sexual conduct; |
| (vi) | Sexual violence – content may not contain any depictions or language of actual or implied sexual conduct or sexually-related activity, but may contain depictions of affection; |
| (vii) | Violence – content may contain language or depictions of low to mild impact violence. Textual description, but no visual presentation, of violence; |
| (viii) | Criminal Techniques – content may not contain any depictions or explanations of 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, sexually-related activity, 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, sexually related activity, 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 – content may only contain instances of moderate impact language; |
| (ii) | Nudity – content may contain instances of moderate impact nudity; |
| (iii) | Prejudice – content may contain language of prejudice of moderate impact if it is clearly disapproved of, in which case the ‘P’ advisory should be used; |
| (iv) | Sexual conduct – content may contain moderate descriptions of sexual conduct, but no visual presentations of sexual conduct; |
| (v) | Sexual violence – content may not contain any depictions or language of actual or implied sexual violence, unless it is of educational value and clearly contextually disapproved of; |
| (vi) | Violence – content may contain moderate impact depictions and strong impact language related to violence; and |
| (vii) | Criminal Techniques – content may contain limited depictions or explanations of criminal techniques. |
| (a) | May contain details and close-ups of classifiable elements; |
| (b) | Textual description or visual presentation of certain classifiable elements such as sexually-related activity, 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 – content may contain instances of strong to very strong language; |
| (ii) | Nudity – content may contain instances of nudity in sexual contexts; |
| (iii) | Prejudice – content may contain language of prejudice of strong impact; |
| (iv) | Sexual conduct – content may contain language and depictions of strong impact sexual conduct; |
| (v) | Sexual violence – content may not contain depictions or descriptions of explicit sexual violence, unless it is a bona fide documentary, or is of scientific, dramatic or artistic merit, or is on a matter of public interest; |
| (vi) | Violence – content may contain strong to very strong language or depictions of violence; and |
| (vii) | Criminal Techniques – content may contain limited depictions or explanations of criminal techniques. |
| (7) | Refused Classification |
| (a) | Any publication that contains propaganda for war or incitement of imminent violence, or that advocates hatred based on any identifiable group characteristic, and that constitutes incitement to cause harm, must be refused classification 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. |
If the publication is refused classification, it must be reported to the Chief Executive Officer for publication in the Government Gazette.
| (b) | Any content that is deemed to constitute child pornography must be reported to the South African Police Services by Chief Executive Officer immediately. There are no exceptions to the possession, distribution, sale or hire of child pornography, which regarded as illegal under all circumstances. |
| (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 Films and Publications Act: |
| (i) | Explicit sexual conduct which violates or shows disrespect for the right to human dignity; |
| (ii) | Bestiality, incest, rape (sexual violence), or conduct or an act which is degrading of human beings; |
| (iii) | Conduct or an act which constitutes incitement of, encourages or promotes harmful behaviour; |
| (iv) | Explicit infliction of sexual or domestic violence, or 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 sexually-related activity, sexual conduct or explicit sexual conduct and who appear to be non composmentis (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) | Any content that contains explicit sexual conduct between consenting adults must be classified as X18 (pornography), unless it is judged within context to be a bona fide documentary, or is of scientific, dramatic or artistic merit, or on a matter of public interest, in which case it must be classified from exposure to disturbing, harmful or age-inappropriate contents, except with respect to child pornography. |
| (b) | Publications classified as X18 contain one or more classifiable elements of strong or very strong impact. |
| (c) | Any content that is classified as X18 must be notified to the Chief Executive Officer to be published by notice in the Gazette, together with reasons for the decision. |
