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 10: Adult PremisesDistribution of Films or Games classified as "X18" Online28. Application for exemption to distribute publications, films and games classified as "X18" Online |
| (1) | An application for exemption by a registered film or game distributor to distribute a film or game classified as “X18” online in terms of section 24(3) 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— |
| (a) | proof of registration of the business of the applicant in terms of the applicable legislation; |
| (b) | a document confirming that the applicant's tax affairs are in order; |
| (c) | 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 undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained; and |
| (d) | proof of payment of the prescribed fee. |
| (2) | The application referred to in sub-regulation (1) must indicate how the distributor shall ensure— |
| (a) | that children under the age of 18 (eighteen) would not be able to access a film or game classified as “X18” online or any promotion of such a film or game; |
| (b) | that the classification and age restriction are clearly displayed on the screen of the user throughout the screening; |
| (c) | that the user has confirmed that he or she is 18 (eighteen) years or older prior to commencing viewing of the film, playing the game or viewing the promotion of the film or game; |
| (d) | that it shall not distribute any promotion of the film or game to be accessed without it being paid for by way of a credit card or another child secure method agreed to by the FPB; and |
| (e) | the keeping of a register, solely for the distributor’s private records and kept for 1 (one) year from the date on which distribution took place, indicating— |
| (i) | all instances where access was granted to a user; and |
| (ii) | the user’s name, address and verified age. |
| (3) | The FPB must, upon receipt of an application contemplated in sub-regulation (1)— |
| (a) | acknowledge receipt of the application for exemption by a registered film or game distributor to distribute a film or game classified as “X18” online in terms of section 24 (3) of the Act within 7 (seven) days; and |
| (b) | if the application meets all the requirements of sub-regulation 28(1) of Schedule 1, inform the applicant in writing of the outcome within 30 (thirty) days; or |
| (c) | where the application does not meet all the requirements of subregulation 28 (1) of Schedule 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 must issue the applicant with a Notice of Exemption in terms of section 24(3) of the Act within 7 (seven) days. |
| (5) | Until such time that the application as contemplated in sub-regulation (1) is approved by the FPB, the distributor shall not be exempted to distribute a film or game classified as “X18” online. |
| (6) | Should a distributor, knowingly or negligently, grant access to a film or game classified as “X18” to a child under the age of 18 (eighteen) then he or she shall be guilty of an offence as contemplated in section 24A(4) of the Act. |
| (7) | The exemption of a registered film or game distributor to distribute a film or game classified as “X18” online in terms of section 24(3) of the Act shall only be valid for 1 (one) year but may be renewed annually on payment of the annual prescribed fee. |
