| (1) | Any person or institution may, in writing, on Form BOARD/EX attached as Annexure "I", accompanied by proof of payment of the prescribed fee, apply to the Board for exemption from classification and from section 24A(2)(a) of the Act in respect of films intended for exhibition at a film festival, by submitting 30 days prior to the date of the festival— |
| (a) | an application for exemption in writing and a detailed statement stating the basis of the application; |
| (b) | a list and copies of all films to be exhibited at the film festival; |
| (c) | a brief synopsis of each film indicating the various classification elements in respect of each film as prescribed in Board's classification guidelines; |
| (d) | an affidavit by the applicant to the effect that there is or has been no contravention of chapter 1, 2 and 3 of the Criminal Law (Sexual Offences Act and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) and section 24B of the Act. |
| (2) | Upon receipt of the application and supporting documents, the Board shall make a decision whether to grant an exemption or not. |
| (3) | In the event that the Board decides not to grant an exemption to a film submitted in terms of subregulation (1), the Board shall submit such film for classification in terms of section 18 of the Act. |
| (4) | Where the Board submits any film for classification in terms of subregulation (3) the applicant shall be liable for the full classification fee. |
| (5) | No exemption shall be granted in respect of a film which if submitted for classification, would be classified as "X18". |
| (6) | No application for exemption that is submitted less than 30 days prior to the film festival shall be considered by the Board. |
| (7) | Where the application for an exemption is approved, the applicant shall ensure that before screening the film at the relevant film festival or cinema, he or she displays a cautionary message indicating that the film— |
| (a) | was exempted from classification at the request of the applicant; |
| (b) | was not classified by the Board in terms of section 18 of the Act; and |
| (c) | may not be screened without a classification at any other event or venue. |
| (8) | The applicant may not beyond the exemption period publicly screen or distribute such film. |
| (9) | The cautionary notice contemplated in subregulation (7) shall be as follows: |
WARNING
"This film has not been classified in terms of the Films and Publications Act, 1996, and has been exempted from such classification for the purposes of this film festival which begins on [insert date] and ends on [insert date].This film may not be screened at any venue or event without submission for classification to the Board."
| (10) | The notice contemplated in subregulation (9) shall be displayed for not less than 10 seconds. |
