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(4) Where a film or game has been classified as a ‘‘refused classification’’
or has been classified as ‘‘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.
(5) Where a film or game submitted to the Board in terms of this section 5
contains child pornography, the chief executive officer shall refer that film
or game to a police official of the South African Police Service for
investigation and prosecution.
(6) A broadcaster who is subject to regulation by the Independent
Communications Authority of South Africa shall, for the purposes of 10
broadcasting, be exempt from the duty to apply for classification of a film
or game and, subject to section 24A (2) and (3), shall, in relation to a film
or game, not be subject to any classification or condition made by the Board
in relation to that film or game.’’.
Insertion of sections 18A and 18B in Act 65 of 1996
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22. The following sections are hereby inserted in the principal Act after section 18:
‘‘Display of classification decisions
18A. (1) Where a film, game or publication has been classified or
exempted from classification in terms of this Act it must—
(a) if it is a film or game approved for sale or hire, display the following
certificate conspicuously and clearly visible on or through the cover or
packaging of the cassette or holder of the film or game:
CERTIFICATE OF CLASSIFICATION
Certificate of Classification No.:
Classification and Consumer Advice:
Any other condition imposed;
(b) if it is a publication, display either on the front of the cover or on the
wrapper of the publication, where applicable display the following
information—
(i) classification and consumer advice; or
(ii) any other condition aimed at the protection of children; or
(c) if it is a film approved for exhibition in public, display on all
advertisements and illustrated exhibitions associated with that film the
classification, consumer advice and any other condition imposed by
the Board with respect to the exhibition of that film in public.
(2) The format, including size and design, as well as the manner of the
display of certificates of classification on films, games and publications
approved for distribution or exhibition, may be prescribed.
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Re-classification
18B. Any person may, after a period of two years from the date when a 40
film, game or publication was first classified in terms of this Act, apply, in
the prescribed manner, for a less restrictive classification of that film, game
or publication.’’.
Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za