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 9: Exemptions24. Application to be exempted from the Act in respect of certain publications, films and games |
| (1) | Any person or institution may, in respect of publications, which are required to be classified in terms of section 16 of the Act, or films or games, which are required to be classified in terms of section 18 of the Act, that, include educational or cultural materials endorsed by learning institutions, films on skills demonstrations or instructions, music, sports, physical exercise, design and spiritual events, content of a public interest, children’s educational content, documentaries which may have not been exhibited on a broadcasting platform, or content that promotes gender equality, on the relevant Form provided by the FPB or submitted through an electronic system accessible on its website, apply for exemption from full classification and from section 24A of the Act by submitting— |
| (a) | the full name and surname of the applicant or, in the case of a registered business, full names and surnames of all those directly connected with the business and the nature of the business; |
| (b) | the physical address of the person or institution applying for exemption; |
| (c) | the contact details of the person or institution applying for exemption; |
| (d) | the occupation of the person, if applicable; |
| (e) | a document confirming that the applicant's tax affairs are in order; |
| (f) | 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; |
| (g) | proof of payment of the prescribed fee; and |
| (h) | detailed reasons for the application for exemption. |
| (2) | If the FPB decides not to grant an exemption to the publication, film or game submitted in terms of sub-regulation (1) the FPB shall submit such film, game or publication for classification in terms of section 18 of the Act. |
| (3) | Where the FPB submits any publication, film or game for full classification in terms of sub-regulation (2) the applicant shall be liable for the full classification fee. |
| (4) | Every application for exemption of a publication, film or game must be considered separately and on its own merit. |
