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(b) ensuring that all films and games offered for sale or hire by a
distributor have been classified in terms of this Act and that all such
films and games display, in the prescribed manner, the classification
reference number, the age restriction, consumer advice and such other
conditions as may have been imposed on the distribution of such films
and games by the Board,
enter any premises, with the consent of the person in charge of such
premises, on or in which the business of the sale, hire or exhibition of films
or games is being conducted.
(2) Upon entry of any premises contemplated in subsection (1), the
compliance officer may—
(a) request the production of a certificate of registration as a distributor or
exhibitor of films or games issued by the Board and, where relevant, a
licence to conduct the business of adult premises issued by a licensing
authority contemplated in section 24 of this Act;
(b) examine or inspect any premises being used to conduct the business of
adult premises for compliance with the conditions contemplated in
section 24(2) of this Act;
(c) examine or inspect any film or games being offered for sale or hire for
compliance with the requirements of this Act with regard to the
distribution of that film or game; and
(d) instruct that films, games and publications being offered for sale or
hire that do not comply with the requirements of this Act or any
decision of the Board with regard to the distribution of that film, game
or publication be removed from any display or offer for sale or hire
until such products comply with the requirements of this Act or any
decision of the Board with regard to their distribution.
(3) When performing any function in terms of this section, a compliance
officer may request the assistance of a police official of the South African
Police Service.’’.
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Substitution of section 16 of Act 65 of 1996
19. The following section is hereby substituted for section 16 of the principal Act:
‘‘Classification of publications
16. (1) Any person may request, in the prescribed manner, that a
publication, other than a bona fide newspaper that is published by a member
of a body, recognised by the Press Ombudsman, which subscribes, and
adheres, to a code of conduct that must be enforced by that body, which is
to be or is being distributed in the Republic, be classified in terms of this
section.
(2) Any person, except the publisher of a newspaper contemplated in
subsection (1), who, for distribution or exhibition in the Republic creates,
produces, publishes or advertises any publication that—
(a) contains sexual conduct which—
(i) violates or shows disrespect for the right to human dignity of
any person;
(ii) degrades a person; or
(iii) constitutes incitement to cause harm;
(b) advocates propaganda for war;
(c) incites violence; or
(d) advocates hatred based on any identifiable group characteristic and
that constitutes incitement to cause harm,
shall submit, in the prescribed manner, such publication for examination
and classification to the Board before such publication is distributed,
exhibited, offered or advertised for distribution or exhibition.
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Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za