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Films and Publications Act, 1996 (Act No. 65 of 1996)

Regulations

Regulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022

Schedule 2

Part 3 : Procedures for Application for Self-Classification of Films, Games and Publications

19. Procedure for application for self-classification of films, games and publications

 

(1) An application for the annual Permit to conduct classifications of publications, where applicable, films or games, in terms of section 18C of the Act must be made on the application and registration forms to be used when submitting applications or when registering, together with instructions and information as to the submission of such forms, whether in paper format or electronically, may be accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website.

 

(2) The application referred to in sub-regulation 19 (1) of these Regulations must include—
(a) proof of registration of the business of the applicant in terms of the applicable legislation;
(b) a document confirming that the applicant's tax affairs are in order;
(c) 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 with its obligations as a distributor of films or games and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and
(d) proof of payment of the prescribed fee.

 

(3) The applicant must ensure that it commits to undertake self-classification of publications, where applicable, films or games distributed by it on its own online distribution platform in accordance with the Act, the Films and Publications Regulations, 2022, and the Classification Guidelines of the FPB.

 

(4) The commercial online distributor must inform the FPB within 7 (seven) days after the Permit has been issued of its “XX” and “X18” classifications of publications, films or games to enable the FPB to publish these classifications in the Government Gazette, after which such classifications are deemed to have been made by the FPB.

 

(5) Should any of the publications, films or games after due inquiry be in conflict with, or the commercial online distributor not classify publications, films or games in accordance with the Act, these Regulations and the Classification Guidelines of the FPB and the commercial online distributor fails to remedy any noncompliance within 30 (thirty) days of receipt of written notice from the FPB calling upon it to do so, the Permit shall be suspended pending the rectification or remedying of such noncompliance by the commercial online distributor.

 

(6) Until such time that the application contemplated in sub-regulation 19 (1) of these Regulations is approved by the FPB, the applicant must submit any publication, where applicable, film or game which is to be distributed by it on its own online distribution platform to the FPB together with the relevant Form provided by the FPB, and the prescribed fee, for examination and classification before it may be distributed within the Republic.