Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2014Part 6 : Adult Premises20. Application for exemption to distribute films, games and publications classified as "X18" |
| (1) | Any person who intends to apply for an exemption to distribute a film, game or publication classified as "X18" in terms of section 24(1) of the Act, shall first obtain a licence to conduct the business of adult premises, issued by a licensing authority in terms of the Businesses Act, 1991 (Act No. 71 of 1991), before submitting an application for an exemption on Form BOARD/AD, attached as Annexure "H", and submit the application to the Board, accompanied by— |
| (a) | the licence issued by the licensing authority; |
| (b) | proof of payment of the prescribed fee; |
| (c) | an original valid tax clearance certificate issued by the South African Revenue Service; |
| (d) | proof of registration of the business in terms of the applicable legislation; and |
| (e) | an illustration in the form of a photograph, of the prominent display at the entrance of the premises, prohibiting the entry of persons under the age of 18 years. |
| (2) | Notices stating that no persons under the age of 18 years may enter the licensed premises where films or publications classified as "X18" are distributed shall be conspicuously displayed on the outer side of the entrance to such premises. |
| (3) | A film, game or publication classified as "X18" may not be distributed on any of the platforms listed here, namely— |
| (a) | by mail order; |
| (b) | on the internet; |
| (c) | on mobile phones; |
| (d) | on social networking sites; |
| (e) | through the use of multimedia electronic devices, or any other means in conflict with the provisions of the Act; |
| (f) | through public broadcasting by a free-to-air service; or |
| (g) | by any retail outlet other than adult premises. |