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

Notices

Classification Guidelines for the Classification of Films, Interactive Computer Games and Certain Publications, 2019

3. Purpose of Guidelines

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To provide guidelines that allow for the classification of a film, game or publication in accordance with, amongst others, the following rights:

(1) Right to freedom of expression;
(2) Right of access to information;
(3) Right of children to be protected against maltreatment, neglect, abuse or degradation;
(4) Right to freedom of security, which includes being protected from unsolicited exposure;
(5) Right to equality; and
(6) Right to human dignity.

 

To recognise that no right is absolute, and that it may be limited in terms of the law of general application when it is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking relevant factors, including the nature of the right, the importance of the purpose of the limitation, the nature and extent of the limitation, the relation between the limitation and its purpose, and any other less restrictive means to achieve the purpose, into account.

 

Classifiers therefore must proceed from the least restrictive to more restrictive classifications in an endeavour to balance the various rights and freedoms in contention.

 

To provide general guidelines to ensure:

(1) The consistent classification of content;
(2) That no content that is prohibited in terms of this Act is classified;
(3) That content created through the commission of a criminal offence is appropriately channelled to the relevant authorities by the Film and Publication Board;
(4) That classification of content reflects public opinion; and
(5) That content does not cause any moral harm in the category in which it was classified.

 

To protect children from exposure to potentially disturbing or harmful contents and from premature exposure to adult experiences, as well as to provide such information as will allow adult South Africans to make informed viewing, gaming and reading choices, both for themselves and for children in their care.

 

In making their decisions, classification committees, consistent with the principle that in all matters concerning children, the best interests of children are paramount, must aim to strike a reasonable balance between competing interests and the protection of children from potentially disturbing, harmful and age-inappropriate content.

 

The guidelines provided for the consideration of artistic, dramatic or scientific merit are but one of the considerations in making a classification decision. Accordingly, it should not be elevated above other factors to be considered in making a classification decision.

 

When interpreting and applying these guidelines, cognisance shall be taken of the country’s diversity, and effect shall be given thereto.

 

When applying and interpreting these guidelines, classifiers must also take cognisance that classification guidelines cannot be comprehensive in identifying all potential disturbing and harmful content. In addition, there may be content or content that may not be disturbing or harmful, but that may be age inappropriate and unacceptable to the community in general.

 

3.1 Application of the guidelines

 

(1) These guidelines, to the extent indicated herein, apply to:
(a) The Industry – including without limitation, creators, distributors, publishers, importers, broadcasters, sellers, resellers, exhibitors, stockists and transmitters of certain films, games, publications and online content, as the content may dictate, within the Republic save for Broadcasters exempted through the application of section 54 (3) of the Electronic Communications Act, Act No. 36 of 2005, as may be amended;
(b) The General Public; and
(c) The Classification Committees of the Film and Publication Board.