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

Regulations

Films and Publications Regulations, 2014

Part 5 : Procedure for Classification of Films, Games and Publications

18. Procedure for classification of films, games and publications by classification committees
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(1) Every member of a classification committee shall, in respect of every film, game or publication referred to that classification committee for classification—
(a) examine such film, game or publication in its entirety, except with respect to child pornography, having regard to sections 16(4), 16(6), 18(3) and 18(5) of the Act and the classification guidelines;
(b) immediately after the examination of such film, game or publication, record his or her opinion in the classification report about the appropriate classification and rating of that film, game or publication, with reference to the classification guidelines and the relevant sections of the Act; and
(c) immediately after completion of the classification report contemplated in paragraph (b), together with other members of the classification committee, discuss such opinion with the chief classifier on the appropriate classification or rating of that film, game or publication in order to reach consensus or make a majority decision regarding the final classification and rating of that film, game or publication.

 

(2) When the members of the classification committee have reached consensus or made a majority decision, the chief classifier shall record the consensus or majority decision of the classification committee in the final classification committee report, specifying the reasons for that decision with reference to the classification guidelines and the relevant sections of the Act.

 

(3) Where a classification committee fails to reach consensus or make a majority decision, the chief classifier shall request the Board, in writing in the final classification committee report, to appoint an additional classifier to that classification committee.

 

(4) Where the Board, in response to a request by the chief classifier, appoints an additional classifier to the classification committee, the film, game or publication to be classified shall be regarded as not having been classified or rated and the procedures set out in subregulations (1) and (2) shall apply afresh to that film, game or publication.

 

(5) Where, in the opinion of a classification committee, an expert opinion may be required for the proper classification or rating of a film, game or publication, the chief classifier shall request the Board, in writing, to appoint an expert to assist the classification committee in the classification or rating of a film, game or publication.

 

(6) An expert appointed to assist the classification committee shall not be entitled to vote on the appropriate classification or rating of that film, game or publication, but may express his or her opinion, in writing, for the benefit of the classification committee.

 

(7) Where, in the opinion of a classification committee, a demonstration of a game containing contentious material is necessary for the proper classification or rating of that game, the chief classifier shall request the Board, in writing, to arrange for such demonstration of that game to that classification committee.

 

(8) The chief classifier shall, at the end of a meeting of a classification committee—
(a) collate all the reports of classifiers;
(b) ensure that every report has been duly signed by the relevant classifier; and
(c) submit all the reports to the classification office of the Board, accompanied by the film or game, if it is in a home-entertainment format, or publication.

 

(9) Every member of a classification committee shall, treat as confidential all discussions, notes and reports related to the examination and classification of a film, game or publication referred to the classification committee and shall not divulge any such information to the public or the applicant.

 

(10) If, after examination by the classification committee, the committee is satisfied that a film, game or publication contains material contemplated in section 16(4)(a) or (b) or section 18(3)(a) or (b) of the Act and a report containing such classification decision has been compiled, the classification decision must be referred to the chief executive officer of the Board to deal with the matter in terms of section 16(5) or (6) or section 18(4) or (5) of the Act, as the case may be.

 

(11) Where a film, game or publication has been classified, the person who applied for the classification of that film, game or publication shall provide a classified copy thereof to the Board, free of charge, in the format in which it will be distributed.