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 1

Part 1 1. Definitions

Purchase

In this Schedule, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned and, unless the context otherwise indicates—

“Act”

means the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended from time to time;

"adult content"

means content in publications, films and games that is classified as suitable for people of 18 (eighteen) years and above;

"adult premises"

means any premises—

(a)	at which the holder of a registration certificate to distribute or exhibit materials classified as "X18" may conduct business;

(b)	at which entry of any person under the age of 18 (eighteen) years, is prohibited; and

(c)	which is licensed to conduct the business of adult premises under the Businesses Act, 1991 (Act No. 71 of 1991);

"business of adult premises"

means a business contemplated in section 24(1) of the Act;

"certificate"

means a certificate issued by the FPB in terms of any applicable provision of the Act empowering the FPB to issue a licence or permit after receipt of an application;

“child”

means a person under the age of 18 (eighteen) years;

"classification guidelines"

means the classification guidelines contemplated in section 4A(1)(a) of the Act;

“commercial online distributor”

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

“commercial purposes”

means to sell or hire, offer to sell or hire, or cause to be sold or hire, in exchange for commercial consideration;

“day”

means any number of days prescribed in these Regulations and shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or official South African Public Holiday, in which case the last day shall be the next succeeding business day;

“FPB”

means the Film and Publication Board, established in terms of section 3 of the Act;

“non-compliant”

means a failure or refusal to comply with the Act, Regulations, Classification Guidelines or the terms and conditions contained in an online distribution agreement;

"prescribed fee"

means the applicable fee prescribed by regulation by the Minister, in consultation with the Minister of Finance, from time to time, under section 31(1)(a) of the Act;

“public holiday”

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);

"rating"

means the allocation of an appropriate age restriction on a film, game or publication to—

(a)	provide consumer advice to enable adults to make informed viewing, reading and gaming choices, both for themselves and for children in their care; and

(b)	protect children from exposure to disturbing and harmful materials and from premature exposure to adult experiences;

“reasonable period of time”

means the amount of time that is fairly required to do whatever is required to be done, conveniently under the permitted circumstances; and