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(4) Any person who knowingly distributes or exhibits any film, game or
publication—
(a) classified as ‘‘X18’’; or
(b) which contains depictions, descriptions or scenes of explicit sexual
conduct, unless such film, game or publication is a bona fide
documentary or is of scientific, literary or artistic merit or is on a
matter of public interest,
to a person under the age of 18 years, shall be guilty of an offence and liable,
upon conviction, to a fine or imprisonment for a period not exceeding five
years or to both a fine and such imprisonment .’’.
(5) Any person who knowingly distributes a film, game or publication
which has been classified by the Board without displaying, clearly and
conspicuously and in the prescribed manner, the classification reference
number, the age restriction, consumer advice and any other condition
imposed on the distribution of that film, game or publication shall be guilty
of an offence and liable, upon conviction, to a fine or to imprisonment for
a period not exceeding six months or to both a fine and such imprisonment.
(6) Any person who knowingly advertises a film or game in any medium
without indicating, clearly and conspicuously so as to be plainly visible to
the public, the age restriction, consumer advice and any other condition
imposed on the film or game being advertised, shall be guilty of an offence
and liable, upon conviction, to be a fine or to imprisonment for a period not
exceeding six months or to both a fine and such imprisonment.
(7) Any person who knowingly and without the prior written approval of
the Board exhibits in public during the same screening session, or
distributes on the same cassette or disc of a film or game, a trailer
advertising a film or a game with a more restrictive classification than the
featured film or game, shall be guilty of an offence and liable, upon
conviction, to a fine or to imprisonment for a period not exceeding six
months or to both a fine and such imprisonment.
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Prohibition, offences and penalties on possession of films, games and
publications
24B. (1) Any person who—
(a) unlawfully possesses;
(b) creates, produces or in any way contributes to, or assists in the creation
or production of;
(c) imports or in any way takes steps to procure, obtain or access or in any
way knowingly assists in, or facilitates the importation, procurement,
obtaining or accessing of; or
(d) knowingly makes available, exports, broadcasts or in any way
distributes or causes to be made available, exported, broadcast or
distributed or assists in making available, exporting, broadcasting or
distributing, any film, game or publication which contains depictions,
descriptions or scenes of child pornography or which advocates,
advertises, encourages or promotes child pornography or the sexual
exploitation of children,
shall be guilty of an offence.
(2) Any person who, having knowledge of the commission of any offence
under subsection (1) or having reason to suspect that such an offence has
been or is being committed and fails to—
(a) report such knowledge or suspicion as soon as possible to a police
official of the South African Police Service; and
(b) furnish, at the request of the South African Police Service, all
particulars of such knowledge or suspicion,
shall be guilty of an offence.
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