Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 12: Complaints against prohibited content, distribution of private sexual photographs and films and filming and distribution of films and photographs depicting sexual violence and violence against children31. Complaints by any person about unclassified, prohibited content, or potential prohibited content in terms of services being offered online, the distribution of private sexual photographs and films and filming, and distribution of films and photographs depicting sexual violence and violence against children |
| (1) | A complaint regarding unclassified, prohibited content, or potential prohibited content in relation to services being offered online by any person in terms of section 18E and section 18H of the Act, the distribution of private sexual photographs and films, and filming in terms of section 18F of the Act, and distribution of films and photographs depicting sexual violence and violence against children in terms of section 18G, shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website. |
| (2) | The FPB shall, upon receipt of a complaint contemplated in subregulation (1)— |
| (a) | acknowledge receipt of the complaint within 7 (seven) days; and |
| (b) | inform the applicant in writing of the outcome of the investigation of the complaint within 30 (thirty) days. |
| (3) | Should the FPB establish after investigation that there is merit in the complaint and/or that the prohibited content or content being hosted or distributed using the internet constitutes prohibited content in terms of the Act or has not been submitted for examination and classification as required in terms of section 16, 18, 18C or 18D, the FPB may subject to due process of law— |
| (a) | compel the internet service provider concerned to furnish the FPB or a member of the SAPS with information of the identity of the person who published the prohibited content; and |
| (b) | in the case of either a non-commercial online distributor or internet service provider, issue a take-down notice in accordance with the procedure in section 77 of the Electronic Communications and Transactions, 2002 (Act No. 25 of 2002). |
| (4) | Should the FPB establish after investigation that there is merit in the complaint, the FPB may subject to due process of law compel the internet service provider concerned to furnish the FPB or a member of the SAPS with information of the identity of the person who published the private sexual photograph or film, or a film or photograph depicting sexual assault and violence against children. |
| (5) | A non-commercial online distributor or internet service provider that receives either a notice to compel the provision of information of the identity of the person who published the private sexual photograph or film, or a film or photograph depicting sexual assault and violence against children in terms of sub-regulation 31(3)(a) and 31(4) of Schedule 1 respectively, or a take-down notice in terms or sub-regulation 31(3)(b) of Schedule 1 shall be provided with an opportunity to respond to the complaint before being required to either furnish information or comply with the take-down notice. |
| (6) | In the event that the certified content analyst of the FPB confirms that content, which is hosted outside the Republic, contains child pornography, the complaint report shall be submitted to the Chief Executive Officer of the FPB who shall hand a copy of the report to the SAPS or the law enforcement officials in the country concerned. |