Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 6: Procedure for the Application by Commercial Online Distributors to Self-Classify Content17. Procedure for application for self-classification of films, games and publications |
| (1) | An application in terms of section 18C of the Act by a commercial online distributor for an annual Permit to conduct classifications of publications, where applicable, films or games, shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, and accompanied by— |
| (a) | proof of registration of the business of the applicant in terms of the applicable legislation; |
| (b) | a document confirming that the applicant's tax affairs are in order; |
| (c) | a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and with its obligations as a distributor of films or games and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (d) | proof of payment of the prescribed fee. |
| (2) | The FPB must, upon receipt of an application contemplated in sub-regulation (1)— |
| (a) | acknowledge receipt of the application for the annual Permit within 7 (seven) days; and |
| (b) | if the application meets all the requirements of sub-regulation (1) inform the applicant in writing of the outcome within 30 (thirty) days; or |
| (c) | where the application does not meet all the requirements of subregulation (1) inform the applicant in writing to submit the outstanding documents or information before the application shall be considered. |
| (3) | On approval of the application, the FPB must issue the applicant with a Permit in terms of section 18C of the Act within 7 (seven) days. |
| (5) | The Permit must accredit the applicant to be an authorised commercial online distributor and to undertake self-classification of publications, where applicable, films or games distributed by it on its own online distribution platform in accordance with the Act, these Regulations and— |
| (a) | the Classification Guidelines of the FPB; or |
| (b) | an accredited foreign or international classification system in terms of regulation 15(4) in respect of publications, films or games. |
| (6) | The commercial online distributor may provide the FPB on request and within a reasonable period of time a product list of all publications, films and games offered for sale or hire through the online medium. |
| (7) | The commercial online distributor must inform the FPB within 7 (seven) days after the Permit has been issued of its “XX” and “X18” classifications of publications, films or games to enable the FPB to publish these classifications in the Government Gazette, after which such classifications are deemed to have been made by the FPB. |
| (8) | Should any of the publications, films or games after due inquiry be in conflict with, or the commercial online distributor not classify publications, films or games in accordance with the Act, these Regulations and the Classification Guidelines of the FPB and the commercial online distributor fails to remedy any noncompliance within 30 (thirty) days of receipt of written notice from the FPB calling upon it to do so, the Permit shall be suspended pending the rectification or remedying of such noncompliance by the commercial online distributor. |
| (9) | Until such time that the application contemplated in sub-regulation 17(1) of Schedule 1 is approved by the FPB, the applicant must submit any publication, where applicable, film or game which is to be distributed by it on its own online distribution platform to the FPB together with the relevant Form provided by the FPB, and the prescribed fee, for examination and classification before it may be distributed within the Republic. |
| (10) | The Permit in terms of section 18C of the Act may be renewed annually on payment of the annual prescribed fee. |