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

Regulations

Films and Publications Regulations, 2014

Part 1 : Definitions

1. Definitions

Purchase

In these Regulations, 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);

"adult content"

means content in films, games and publications that is classified as suitable for people of 18 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 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).

"BOS system"

means the Board Online Submission system, a secure online submission and registration system accessed through a pin code allocated by the Board to films and games distributors;

"business of adult premises"

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

"chief classifier"

means a classifier from the panel of classifiers appointed in terms of section 4A(1)(e) of the Act, and designated to chair a meeting of a classification committee;

"classification guidelines"

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

"classifier"

means a person appointed in terms of section 4A(1)(e) of the Act to examine and classify any film, game or publication submitted to the Board in terms of the Act;

"film festival"

means an organised, extended exhibition of films in one or more cinemas or screening venues, usually in a single locality showcasing international releases as well as films produced by film producers in the domestic film industry;

"free-to-air-service"

has the meaning assigned to it in section 1 of the Electronic Communications Act, 2005 (Act No. 36 of 2005);

"home-entertainment format"

means a film in a format intended for viewing in private, through any electronic, mechanical or other device;

"ICASA"

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

"Press Ombudsman"

means the Ombudsman appointed in terms of the Constitution of the Press Council of South Africa;

"prescribed fee"

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

"public-entertainment format"

means a film that is intended for screening or exhibition to the public in cinemas, theatres and other public places;

"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;

"registration certificate"

means a certificate issued by the Board in terms of section 18 of the Act to registered distributors or exhibitors of films or games in order to—

(a) distribute specified films or games;

(b) exhibit or broadcast films; or