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

Regulations

Films and Publications Regulations, 2022

Schedule 1

Part 8: Procedure for Classification of Publications, Films and Games

23. Publications, films or games containing child pornography

 

(1) If the classification committee discovers an image or scene of child pornography during any classification process, the publication, film or game classification process must be handled as follows—
(a) The classification process must be stopped, unless the classification committee is satisfied that the image or scene evokes predominantly aesthetic rather than erotic feelings where the image or scene depicts a person, real or simulated, who is, or who is depicted or described or presented as being, under the age of 18 (eighteen) years—
(i) engaged in an act that constitutes a sexual offence;
(ii) engaged in an act of sexual penetration;
(iii) engaged in an act of sexual violation;
(iv) engaged in an act of self-masturbation;
(v) displaying the genital organs of such person in a state of arousal or stimulation;
(vi) unduly displaying the genital organs or anus of such person;
(vii) displaying any form of stimulation of a sexual nature of such person's breasts;
(viii) engaged in sexually suggestive or lewd acts;
(ix) engaged in or as the subject of sadistic or masochistic acts of a sexual nature;
(x) engaged in any conduct or activity characteristically associated with sexual intercourse;
(xi) showing or describing such person—
(aa) participating in, or assisting or facilitating another person to participate in; or
(bb) being in the presence of another person who commits or in any other manner being involved in, any act contemplated in sub-regulation (1)(a) (i) to (x) ; or
(xii) showing or describing the body, or parts of the body, of such person in a manner or in circumstances which, within the context, violate or offend the sexual integrity or dignity of that person or any category of persons under 18 or is capable of being used for the purposes of violating or offending the sexual integrity or dignity of that person, any person or group or categories of persons.
(b) In the event that the classification committee stops the classification process as envisaged in sub-regulation (1)(a) the members of the committee shall compile their classification reports noting the page, time or scene, in the publication, film or game respectively at which child pornography appeared and submit such reports to a certified content analyst at the FPB who shall analyse the page, time or scene of the publication, film or game respectively in order to determine whether the content contains child pornography.
(c) In the event that the certified content analyst of the FPB confirms that the page, time or scene of the publication, film or game respectively identified by the members of the committee contains an image or scene of child pornography, the classification report in question together with the assessment by the certified content analyst of the FPB must be submitted to the Chief Executive Officer of the FPB.
(d) The Chief Executive Officer of the FPB must hand to the South African Police Service and National Director of Public Prosecutions—
(i) copies of the classification reports;
(ii) the assessment by the certified content analyst of the FPB;
(iii) an affidavit recording the chain of events; and
(iv) the publication, film or game containing child pornography.
(e) The Chief Executive Officer of the FPB must, in writing, inform the applicant who submitted the publication, film or game for classification of the decision, in terms of section 16(4)(a) of the Act, to refuse to classify the publication, film or game and of his or her right to appeal to the Appeal Tribunal within 30 (thirty) days from the date of such notification.

 

(2) Subject to the applicant pursuing the appeal to the Appeal Tribunal referred to in sub-regulation 23 (1)(e), where if the appeal is heard and the decision of child pornography is confirmed, or where the applicant fails to launch an appeal to the Appeal Tribunal, the FPB shall advise the applicant or distributor to surrender all publications, films or games and other material that contain child pornography to the FPB for handing over thereof, to the South African Police Service for criminal investigation or prosecution.