Films and Publications Act, 1996 (Act No. 65 of 1996) Chapter 1 : Definitions 1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"Appeal Tribunal"

means the Appeal Tribunal established by section 3;

[Definition inserted by section 1(a) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"Board"

means the Film and Publication Board, established by section 3;

 

"certificate"

means in relation to a film or game, the certificate referred to in section 18, issued in respect of the classification of a film;

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(a) of Proc 52, GG 45959, dated 25 February 2022]

 

"chief executive officer"

means the chief executive officer of the Board referred to in section 4(1)(c);

[Definition substituted by section 1(b) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"child pornography"

means child pornography as defined in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(b) of Proc 52, GG 45959, dated 25 February 2022]

 

"classification"

means any decision by the Board in terms of this Act;

 

"classification committee"

means a classification committee referred to in section 10;

 

"commercial online distributor"

means a distributor in relation to films, games and publications which are distributed for commercial purposes using the internet;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(c) of Proc 52, GG 45959, dated 25 February 2022]

 

"computer software"

means a programme and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows interactive use;

 

"consumer advice"

means that part of the Board's decision with regard to a film which informs the public of the fact that certain sensitivities could be offended by a film;

 

"Council"

means the Council established by section 3;

[Definition inserted by section 1(d) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"degrade"

[Definition deleted by section 1(b) of Notice No. 1296, GG 26950, dated 2 November 2004]

 

"distribute"

in relation to a film, game or publication, without derogating from the ordinary meaning of that word, includes —

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(d) of Proc 52, GG 45959, dated 25 February 2022]

 

"distributor"

means a person who conducts business of distributing films, games or publications and includes a commercial online distributor;

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(e) of Proc 52, GG 45959, dated 25 February 2022]

 

"domestic violence"

means the explicit depictions or descriptions of—

and includes any other abusive behaviour involving persons who are or have been in an intimate relationship or who are family members, regardless of gender or sexual orientation;

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(e) of Proc 52, GG 45959, dated 25 February 2022]

 

"Enforcement Committee"

means the committee established in terms of section 3;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(f) of Proc 52, GG 45959, dated 25 February 2022]

 

"executive committee"

[Definition deleted by section 1(g) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"explicit sexual conduct"

means graphic and detailed visual presentations or descriptions of any conduct contemplated in the definition of "sexual conduct" in this Act;

[Definition inserted by section 1(h) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"film"

means any sequence of visual images recorded in such a manner that by using such recording such images will be capable of being seen as a moving picture and includes any picture intended for exhibition through any  medium, including using the internet, or device;

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(h) of Proc 52, GG 45959, dated 25 February 2022]

 

"game"

means a computer game, video game or other interactive computer software for interactive game playing, including games accessed or played using the internet, where the results achieved at various stages of the game are determined in response to the decisions, inputs and direct involvement of the game player or players;

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(i) of Proc 52, GG 45959, dated 25 February 2022]

 

"harmful"

means causing emotional, psychological or moral distress to a person, whether it be through a film, game or publication through any on or offline medium, including through the internet and 'harm' has the corresponding meaning;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(j) of Proc 52, GG 45959, dated 25 February 2022]

 

"hate speech"

includes any speech, gesture, conduct, writing, display or publication, made using the internet, which is prohibited in terms of section 16(2) of the Constitution of the Republic of South Africa, 1996, which propagates, advocates or communicates words against any person or identifiable group, which words could reasonably be construed to demonstrate a clear intention to be harmful, to incite harm and promote or propagate hatred against the said person or identifiable group.

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(j) of Proc 52, GG 45959, dated 25 February 2022]

 

"identifiable group characteristic"

means a characteristic that identifies an individual as a member of a group identified by race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and nationality;

[Definition inserted by section 1(j) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"Independent Communications Authority of South Africa"

means the body established in terms of section 3 of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(k) of Proc 52, GG 45959, dated 25 February 2022]

 

"internet"

means the Internet as defined in section 1 of the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002);

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(k) of Proc 52, GG 45959, dated 25 February 2022]

 

"in public"

includes any place to which admission is obtained for any consideration, direct or indirect, or by virtue of membership of any association of persons or contribution towards any fund;

[Definition substituted by section 1(k) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"magazine"

includes an online publication of a magazine;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(l) of Proc 52, GG 45959, dated 25 February 2022]

 

"Internet address"

means a website, a bulletin board service, an Internet chat-room or newsgroup or any other Internet or shared network protocol address;

[Definition inserted by section 1(d) of Notice No. 1296, GG 26950, dated 2 November 2004]

 

"Internet service provider"

means any person who carries on the business of providing access to the Internet by any means.

[Definition inserted by section 1(d) of Notice No. 1296, GG 26950, dated 2 November 2004]

 

"matters of public interest"

means discussions, debates or opinions on matters pertaining to the common well-being or general welfare of the public or serving the interests of the public and includes discussions, debates and opinions on matters pertaining to religion, belief or conscience;

[Definition inserted by section 1(l) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"Minister"

means the Minister to whom the administration of this Act has been assigned;

 

"newspaper"

[Definition deleted by the Films and Publication Amendment Act, 2019, by section 1(m) of Proc 52, GG 45959, dated 25 February 2022]

 

"non-commercial online distributor"

means any person who distributes content using the internet, or enables content to be distributed by a user of online services, for personal or private purposes;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(n) of Proc 52, GG 45959, dated 25 February 2022]

 

"online medium"

means any website, communication or messaging system, social media facility or similar facility which is connected to the publicly available internet, and any public telecommunications messaging system;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(n) of Proc 52, GG 45959, dated 25 February 2022]

 

"permit"

means the permit issued by the Board pursuant to section 23(2) to an online distributor wherein the online distributor is exempted from submitting films and games to the Board for classification, subject to such terms and conditions as the Board may deem fit;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(n) of Proc 52, GG 45959, dated 25 February 2022]

 

"possession"

in relation to a film or publication, without derogating from its ordinary meaning, includes keeping or storing in or on a computer or computer system or computer data storage medium and also having custody, control or supervision on behalf of another person;

[Definition inserted by section 1(e) of Notice No. 1296, GG 26950, dated 2 November 2004]

 

"prescribed"

means prescribed by regulation;

[Definition inserted by section 1(n) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"Press Council of South Africa"

means a voluntary independent self-regulatory body established in terms of the Constitution of the Press Council of South Africa and which has adopted the Press Council Constitution, which includes the Code of Ethics and Conduct for South African Print and Online Media;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(o) of Proc 52, GG 45959, dated 25 February 2022]

 

"prohibited content"

means content which amounts to propaganda for war, incitement of imminent  violence, advocacy of hatred that is based on an identifiable group characteristic, and that constitutes incitement to cause harm, or is prohibited in sections 16(2), 16(4) and 18(3);

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(o) of Proc 52, GG 45959, dated 25 February 2022]

 

"publication"

means, and includes, where applicable, any of the following, published using the internet—

[Words preceding paragraph (a) substituted by the Films and Publication Amendment Act, 2019, by section 1(p) of Proc 52, GG 45959, dated 25 February 2022]

[Paragraph (a) substituted by the Films and Publication Amendment Act, 2019, by section 1(q) of Proc 52, GG 45959, dated 25 February 2022]

[Paragraph (e) substituted by section 1(o) of Notice No. 876, GG 32534, dated 28 August 2009]

[Paragraph (i) substituted by the Films and Publication Amendment Act, 2019, by section 1(r) of Proc 52, GG 45959, dated 25 February 2022]

 

"Review Board"

[Definition deleted by section 1(p) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"self-classification"

for the purposes of a permit contemplated in section 23(2), means the rating and classification of films, games and publication with regard to the suitability for audiences in terms of the Board's classification guidelines and the Act;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(s) of Proc 52, GG 45959, dated 25 February 2022]

 

"sexual conduct"

includes—

[Definition substituted by the Films and Publication Amendment Act, 2019, by section 1(t) of Proc 52, GG 45959, dated 25 February 2022]

 

"sexual violence"

means conduct or acts contemplated in the definitions of ‘‘sexual conduct’’ and ‘‘explicit sexual conduct’’ that are accompanied either by force or coercion, actual or threatened, or that induces fear or psychological trauma in a victim;

[Definition inserted by section 1(q) of Notice No. 876, GG 32534, dated 28 August 2009]

 

"social media"

includes the various online technology tools and forms electronic communication via the internet, such as websites for social networking and micro blogging through which users create online communities to share information, ideas, personal messages and other content;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(u) of Proc 52, GG 45959, dated 25 February 2022]

 

"streaming"

means the delivery of films by an online distributor or broadcaster, including the online streaming or downloading of films and catch-up services that enable time-shifted viewing of a film online, to the end user of an online delivery medium, including the internet;

[Definition inserted by the Films and Publication Amendment Act, 2019, by section 1(u) of Proc 52, GG 45959, dated 25 February 2022]

 

"this Act"

includes the regulations made in terms of section 31;

 

"visual presentation"

means—