4

(d)
(e)

(f)

(g)
(h)

(i)

(j)

(k)

(l)

[(iii)](c) showing or describing the body, or parts of the body, of such a
person in a manner or in circumstances which, within context,
amounts to sexual exploitation, or in such a manner that it is
capable of being used for the purposes of sexual exploitation;’’;
by the insertion after the definition of ‘‘consumer advice’’ of the following
definition:
‘‘ ‘Council’ means the Council established by section 3;’’;
by the substitution for the definition of ‘‘distribute’’ of the following
definition:
‘‘ ‘distribute’, in relation to a film or a publication, without derogating
from the ordinary meaning of that word, includes to sell, hire out or offer
or keep for sale or hire and, for purposes of sections [25(a), (b) and (c),
26(1)(a) and (b) and 28(1) and (2)] 24A and 24B, includes to hand or
exhibit a film, game or a publication to a person under the age of 18
years, and also the failure to take reasonable steps to prevent access
thereto by such a person;’’;
by the insertion after the definition of ‘‘distributor’’ of the following
definition:
‘‘ ‘domestic violence’ means depictions or descriptions of—
(a) physical abuse;
(b) sexual abuse; or
(c) emotional, verbal and psychological abuse,
and includes any other abusive behaviour involving persons who are or
have been in an intimate relationship or who are family members,
regardless of gender or sexual orientation;’’;
by the deletion of the definition of ‘‘executive committee’’;
by the insertion after the definition of ‘‘executive committee’’ of the
following definition:
‘‘ ‘explicit sexual conduct’ means graphic and detailed visual presentations or descriptions of any conduct contemplated in the definition of
‘‘sexual conduct’’ in this Act;’’;
by the substitution for the definition of ‘‘film’’ of the following definition:
‘‘ ‘film’ means[—
(a)] any sequence of visual images recorded [on any substance,
whether a film, magnetic tape, disc or any other material,]
in such a manner that by using such [substance] recording
such images will be capable of being seen as a moving
picture[;
(b) the sound track associated with and any exhibited illustration relating to a film as defined in paragraph (a);
(c)], and includes any picture intended for exhibition through [the]
any medium [of any mechanical, electronic] or [other]
device;’’;
by the insertion after the definition of ‘‘film’’ of the following definitions:
‘‘ ‘game’ means a computer game, video game or other interactive
computer software for interactive game playing, where the results
achieved at various stages of the game are determined in response to the
decisions, inputs and direct involvement of the game player or players;
‘identifiable group characteristic’ means a characteristic that identifies
an individual as a member of a group identified by race, gender, sex,
pregnancy, marital status, ethnic or social origin, colour, sexual
orientation, age, disability, religion, conscience, belief, culture, language, birth and nationality;’’;
by the substitution for the definition of ‘‘in public’’ of the following
definition:
‘‘ ‘in public’[, without derogating from the ordinary meaning of that
word,] includes any place to which admission is obtained for any
consideration, direct or indirect, or by virtue of membership of any
association of persons or contribution towards any fund;’’;
by the insertion after the definition of ‘‘in public’’ of the following definition:
‘‘ ‘matters of public interest’ means discussions, debates or opinions on
matters pertaining to the common well-being or general welfare of the
public or serving the interests of the public and includes discussions,

5

10

15

20

25

30

35

40

45

50

55

60

Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za

Select target paragraph3