Films and Publications Act, 1996 (Act No. 65 of 1996)

The Films and Publications Act, Act No. 65 of 1996 ("the Act") requires certain films, games, publications and online content ("classifiable content") to be classified by the Film and Publication  ("FPB"). Once classified, the distribution is subject to the conditions imposed by the FPB. "Distribution" includes screening in public, selling, hiring out, offering or keeping for sale or hire, handing, or exhibiting such content to a person under the age of 18 years in certain circumstances, and the failure to take reasonable steps to regulate access to films, games or certain publications.

The FPB Act makes it a criminal offence to possess and distribute child pornography.

Sexually explicit content that is classified X18 cannot be distributed to persons under the age of 18. However, if sexually explicit content, in the assessment of the Board, amounts to a bona fide documentary, is of scientific, literary or artistic merit, or is on a matter of public interest (hereafter referred to "the proviso" from the Act)1, then the Board may determine an appropriate classification.

The purpose of classification is to provide consumer advice to enable individuals to make informed viewing, reading and gaming choices for themselves and for children in their care; and to protect children from exposure to disturbing, and harmful contents and from premature exposure to adult experiences.

All legitimate content that meets the criteria of a film, game, publication or online content as defined in the Act falls within the jurisdiction of the FPB. This includes films exhibited at cinemas, DVDs, Blu Rays, videos on demand, mobile content (in so far as it does not amount to broadcast content) and the internet.

All 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, do not fall within the jurisdiction of the FPB.

All publications other than those referred to in the preceding paragraph fall within the jurisdiction the FPB.

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1 This proviso appears for the first time in Section 16(4)(b) of the Act, as amended, and is repeated in Section 18(3)(a).