Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 3: Submission of Publications, Films and Games for classification and display requirements5. Request for examination and classification of publications |
| (1) | A request made in terms of section 16(1) of the Act that a publication which is to be or is being distributed in the Republic be referred to a committee for classification or rating in terms of section 16(4) of the Act, shall be submitted in writing to the FPB and shall contain— |
| (a) | the title of the publication, the date and number of the edition or issue, the name and address of such publisher's South African distributor; |
| (b) | the publication or a copy thereof or, where it is impractical to submit the publication or a copy thereof, the full address of the place where the FPB may examine the publication; |
| (c) | the full name and address, contact telephone, cellular phone and an e-mail address, if available, of the person making the request, unless that person wishes to remain anonymous; and |
| (d) | the reasons for requesting the examination and classification of the publication, with reference to the page numbers and specific paragraphs or lines forming the subject of the report. |
| (2) | The FPB shall, upon receipt of a request contemplated in sub-regulation (1) and save for where the person wishes to remain anonymous— |
| (a) | acknowledge receipt of the request and, if the request meets all the requirements of sub-regulation (1) , inform the requester of the time, date and venue when the publication will be examined for classification or rating and of his or her rights in terms of section 19 of the Act; |
| (b) | where the request does not meet all the requirements of sub-regulation (1), inform the requester in writing to submit the outstanding documents or information before the publication may be examined and classified or rated; and |
| (c) | where the person requesting classification or rating is not the publisher or distributor, provide a copy of the completed request to— |
| (i) | the publisher or distributor of the publication forming the subject of the request; or |
| (ii) | any person whose financial interests could be detrimentally affected by a decision of the FPB on such application, and inform such person concerned of his or her rights in terms of section 19 of the Act. |
| (3) | The exemption of a publication in terms of section 16(1) and (2) of the Act in instances where a person requests the FPB for a publication to be classified in terms of section 16 of the Act shall only apply to either publications that are published by a member of the Press Council of South Africa or an advertisement that falls under the jurisdiction of the Advertising Regulatory Board as defined in these Regulations. |