| (1) |
The Act recognises three categories of publications: |
| (a) |
Those that are published by a member of the Press Council of South Africa or that are an advertisement that falls under the jurisdiction of the Advertising Regulatory Board of South Africa, which is being distributed in the Republic. These do not fall within the jurisdiction of the FPB; |
| (b) |
Publications, other than those contemplated in subsection (1)(a) above, that contain content that amounts to propaganda for war, incites imminent violence, or advocates hatred based on any identifiable group characteristic and that constitutes incitement to cause harm and imminent violence must be submitted by publishers before publication; and |
| (c) |
Publications about which requests for classification are received by the FPB. |
| (2) |
The classification of publications other than those referred to in sub-section (3) below of these guidelines is voluntary; but any publication must be classified upon the request of any interested person. |
| (3) |
Any person, except the publisher of a newspaper or magazine contemplated in subsection (1) above, who, for distribution or exhibition in the Republic creates, produces, publishes or advertises any publication that: |
| (a) |
Advocates propaganda for war; |
| (c) |
Advocates hatred based on any identifiable group characteristic and that constitutes incitement to cause harm; |
Shall submit, in the prescribed manner, such publication for examination and classification to the FPB before such publication is distributed, exhibited, offered or advertised for distribution or exhibition.
| (4) |
Compliance with the classification guidelines is mandatory for all relevant publications. |
| (5) |
All classification decisions must consider the context and impact of content. |
| (6) |
When considering context, the following factors may be taken into account: |
| (a) |
The expectations of the public in general and the target market of the content; |
| (b) |
The theme of the content; |
| (c) |
The manner in which an issue is presented; |
| (d) |
The literary, artistic, documentary or scientific merit of the publication, or its relevance to matters of public interest; |
| (e) |
The apparent intention of the creator, producer or publisher of a publication as reflected in its effect. |
Intellectual Property Rights from Publicly Financed Research and
