Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 11. Definitions |
In this Schedule, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—
means the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended from time to time;
means content in publications, films and games that is classified as suitable for people of 18 (eighteen) years and above;
means any premises—
| (a) | at which the holder of a registration certificate to distribute or exhibit materials classified as "X18" may conduct business; |
| (b) | at which entry of any person under the age of 18 (eighteen) years, is prohibited; and |
| (c) | which is licensed to conduct the business of adult premises under the Businesses Act, 1991 (Act No. 71 of 1991); |
means any visual or oral communication, representation, reference or notification of any kind—
| (a) | which is intended to promote the sale, leasing or use of any goods or services; or |
| (b) | which appeals for or promotes the support of any cause; |
means the Advertising Regulatory Board NPC, with registration number 2018/528875/08, and is the self-regulatory entity which regulates the content of advertising, or any entity that replaces it, but has the same functions;
means a business contemplated in section 24(1) of the Act;
means a person under the age of 18 (eighteen) years;
means the classification guidelines contemplated in section 4A(1)(a) of the Act;
means a person appointed in terms of section 4A(1)(e) of the Act to examine and classify any film, game or publication submitted to the FPB in terms of the Act;
means a distributor in relation to films, games and publications which are distributed for commercial purposes using the internet;
means to sell or hire, offer to sell or hire, or cause to be sold or hire, in exchange for commercial consideration;
means a member of staff of the FPB appointed to undertake the functions listed in section 15A of the Act;
means any number of days prescribed in these Regulations and shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or official South African Public Holiday, in which case the last day shall be the next succeeding business day;
means the Film and Publication Board, established in terms of section 3 of the Act;
means an organised, extended exhibition of films in one or more cinemas or screening venues, usually in a single locality showcasing international releases as well as films produced by film producers in the domestic film industry;
means an organised, extended exhibition of games in one or more screening venues, usually in a single locality showcasing international releases;
means a film intended for viewing in private, through any electronic, mechanical or other device;
means the Independent Communications Authority of South Africa, established in terms of section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);
means the Internet as defined in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);
means a failure or refusal to comply with the Act, Regulations, Classification Guidelines or the terms and conditions contained in an online distribution agreement;
means the applicable fee prescribed by regulation by the Minister, in consultation with the Minister of Finance, from time to time, under section 31(1)(a) of the Act;
means the explicit description or exhibition of sexual subjects or activity in films, games and publications in a manner intended predominantly to stimulate erotic rather than aesthetic feelings;
means a film that is intended for screening or exhibition to the public in cinemas, theatres and other public places;
means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);
means the allocation of an appropriate age restriction on a film, game or publication to—
| (a) | provide consumer advice to enable adults to make informed viewing, reading and gaming choices, both for themselves and for children in their care; and |
| (b) | protect children from exposure to disturbing and harmful materials and from premature exposure to adult experiences; |
means the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances;
means a certificate issued by the FPB in terms of section 18 of the Act to registered distributors of films or games in order to—
| (a) | distribute specified films or games; |
| (b) | exhibit specified films or games; or |
| (c) | distribute specified films or games contemplated in section 24 of the Act from adult premises; and |
means the Uniform Resource Locator, a protocol for specifying addresses on the Internet and an address that identifies a particular file on the internet, usually consisting of the protocol, as “http”, followed by the domain name.