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(3) The Board shall refer any publication submitted to the Board in terms
of subsection (1) or (2) to a classification committee for examination and
classification of such publication.
(4) The classification committee shall, in the prescribed manner, examine
a publication referred to it and shall—
(a) classify that publication as a ‘‘refused classification’’ if the publication
contains—
(i) child pornography, propaganda for war or incitement of
imminent violence; or
(ii) the advocacy of hatred based on any identifiable group
characteristic and that constitutes incitement to cause harm,
unless, judged within context, the publication is, except with
respect to child pornography, a bona fide documentary or is a
publication of scientific, literary or artistic merit or is on a
matter of public interest;
(b) classify the publication as ‘‘XX’’ if it contains—
(i) explicit sexual conduct which violates or shows disrespect for
the right to human dignity of any person;
(ii) bestiality, incest, rape or 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, judged within context, the publication is, except with respect to
child pornography, a bona fide documentary or is a publication of
scientific, literary or artistic merit or is on a matter of public interest,
in which event the publication shall be classified ‘‘X18’’ or classified
with reference to the guidelines relating to the protection of children
from exposure to disturbing, harmful or age-inappropriate materials;
(c) classify the publication as X18 if it contains explicit sexual conduct,
unless, judged within context, the publication is, except with respect to
child pornography, a bona fide documentary or is a publication of
scientific, literary or artistic merit or is on a matter of public interest,
in which event the publication shall be classified with reference to the
guidelines relating to the protection of children from exposure to
disturbing, harmful and age-inappropriate materials; or
(d) if the publication contains material which may be disturbing or
harmful to or age-inappropriate for children, classify that publication,
with reference to the relevant guidelines, 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.
(5) Where a publication has been classified as a ‘‘refused classification’’
or has been classified ‘‘XX’’ or ‘‘X18’’, the chief executive officer shall
cause that classification decision to be published by notice in the Gazette,
together with the reasons for the decision.
(6) Where a publication submitted to the Board in terms of this section
contains child pornography, the chief executive officer shall refer that
publication to a police official of the South African Police Service for
investigation and prosecution.’’.
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Repeal of section 17 of Act 65 of 1996
20. Section 17 of the principal Act is hereby repealed.
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