Intellectual Property Rights from Publicly Financed Research and
R 385
Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2022Schedule 1Part 4: Accreditation of Commercial Online Distributors' Classification System15. Accreditation of a Foreign or International Classification System |
| (1) | An application by a commercial online distributor for the accreditation of classification ratings issued by any foreign or international classification authority or body in relation to the classification of publications, where applicable, films or games in terms of section 18D of the Act shall be made on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website and accompanied by proof of payment of the prescribed fee. |
| (2) | The application referred to in sub-regulation (1) must indicate— |
| (a) | the accessibility by the FPB of the applicant’s online service for compliance, monitoring and auditing purposes; and |
| (b) | the alignment of the foreign or international ratings to the applicable ratings in terms of the Act and the Classification Guidelines of the FPB. |
| (3) | The FPB shall, upon receipt of an application contemplated in sub-regulation (1)— |
| (a) | acknowledge receipt of the application for the accreditation of classification ratings issued by any foreign or international classification authority or body in relation to the classification of films or games within 7 (seven) days; and |
| (b) | if the application meets all the requirements of sub-regulation (1), inform the applicant in writing of the outcome within 30 (thirty) days; or |
| (b) | where the application does not meet all the requirements of subregulation (1) , inform the applicant in writing to submit the outstanding documents or information before the application shall be considered. |
| (4) | On approval of the application, the FPB shall issue the applicant within 7 (seven) days a Notice of Accreditation of the classification ratings issued by any foreign or international classification authority or body in terms of section 18D of the Act. |
| (5) | Until such time that the application as contemplated in sub-regulation (1) is approved by the FPB, the distributor must— |
| (a) | submit the publication, where applicable, film or game to the FPB together with the relevant Form provided by the FPB, and the prescribed fee, for examination and classification; or |
| (b) | in line with the Permit issued in terms of regulation 17(4) undertake self-classification of its own publications, films or games in accordance with the Act, these Regulations and the Classification Guidelines of the FPB, before it may be distributed within the Republic. |
| (6) | The accreditation of classification ratings issued by any foreign or international classification authority or body approved by the FPB in terms of section 18D of the Act shall only be valid for 1 (one) year but may be renewed annually on payment of the annual prescribed fee. |
| (7) | Should the classification ratings issued by any duly approved foreign or international classification authority or body fail to meet all the requirements of sub-regulation (2) 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 accreditation shall be suspended pending the rectification or remedying of such noncompliance. |
