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Substitution of section 18 of Act 65 of 1996
21. The following section is hereby substituted for section 18 of the principal Act:
‘‘Classification of films and games
18. (1) Any person who distributes, broadcasts or exhibits any film or
game in the Republic shall in the prescribed manner on payment of the
prescribed fee—
(a) register with the Board as a distributor or exhibitor of films or games;
and
(b) submit for examination and classification any film or game that has not
been classified, exempted or approved in terms of this Act or the
Publications Act, 1974 (Act No. 42 of 1974).
(2) The Board shall refer any film or game submitted under subsection
(1)(b) to a classification committee for examination and classification.
(3) The classification committee shall in the prescribed manner, examine
the film or game referred to it and shall—
(a) classify the film or game as a ‘‘refused classification’’ if the film or
game—
(i) contains child pornography, propaganda for war or incites
imminent violence; or
(ii) advocates hatred based on any identifiable group characteristic
and that constitutes incitement to cause harm,
unless, judged within context, the film or game is, except with respect
to child pornography, a bona fide documentary, is of scientific,
dramatic or artistic merit or is on a matter of public interest;
(b) classify the film or game as ‘‘XX’’ if it depicts—
(i) explicit sexual conduct which violates or shows disrespect for
the right to human dignity of any person;
(ii) bestiality, incest, rape, conduct or an act which is degrading of
human beings;
(iii) conduct or an act which constitutes incitement of, encourages
or promotes harmful behaviour;
(iv) explicit infliction of sexual or domestic violence; or
(v) explicit visual presentations of extreme violence,
unless, in respect of the film or game, judged within context, the film
or game is, except with respect to child pornography, a bona fide
documentary or is of scientific, dramatic or artistic merit, in which
event the film or game shall be classified ‘‘X18’’ or classified with
reference to the relevant guidelines relating to the protection of
children from exposure to disturbing, harmful or age-inappropriate
materials
(c) classify the film or game as ‘‘X18’’ if it contains explicit sexual
conduct, unless, judged within context, the film or game is, except
with respect to child pornography, a bona fide documentary or is of
scientific, dramatic or artistic merit, in which event the film or game
shall be classified with reference to the relevant guidelines relating to
the protection of children from exposure to disturbing, harmful or
age-inappropriate materials; or
(d) if the film or game contains a scene which may be disturbing or
harmful to, or age-inappropriate for children, classify that film or
game with reference to the relevant guidelines issued by the Board by
the imposition of appropriate age restrictions and such other conditions as may be necessary to protect children in the relevant age
categories from exposure to such materials.
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