Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 10: Adult Premises27. Application for exemption to distribute films, games and publications classified as "X18" at a physical premises |
| (1) | Any distributor who intends to apply for an exemption to exhibit or distribute a publication, film or game classified as "X18" in terms of section 24(1) of the Act at a physical premises,must 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 the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, and submit the application to the FPB, accompanied by— |
| (a) | a certified copy of the licence issued by the licensing authority; |
| (b) | proof of registration of the business of the applicant in terms of the applicable legislation; |
| (c) | a document confirming that the applicant's tax affairs are in order; |
| (d) | 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 undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; |
| (e) | proof of payment of the prescribed fee; |
| (f) | an illustration in the form of a photograph, of the prominent display at all entrances of the premises, prohibiting the entry of persons under the age of 18 (eighteen) years; and |
| (g) | an explanation indicating how the business shall ensure that children under the age of 18 (eighteen) would not be able to access the premises. |
| (2) | Notices stating that no persons under the age of 18 (eighteen) years may enter the licensed premises where films, games or publications classified as "X18" are distributed must be conspicuously displayed on the outer side of all entrances 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 social media; or |
| (c) | by any retail outlet other than adult premises. |