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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Films and Publications Act, No. 65 of 1996

Long title

To provide for the classification of certain films and publications; to that end to provide for the establishment of a Film and Publication Board and a Film and Publication Appeal Tribunal; to repeal certain laws; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
... [TABLE OF CONTENTS not contained in Act 1996_065_000_19961108]
CHAPTER 1. [sic - no title]
1. Definitions
CHAPTER 2. FILM AND PUBLICATION BOARD, COUNCIL, APPEAL TRIBUNAL AND ENFORCEMENT COMMITTEE [...Title amended by Act 2009_003_038_20090828 - was entitled "CHAPTER 2. FILM AND PUBLICATION BOARD: FILM AND PUBLICATION REVIEW BOARD"] [...Title amended by Act 2019_011_001_20191003 - was entitled "CHAPTER 2. FILM AND PUBLICATION BOARD: FILM AND PUBLICATION APPEAL TRIBUNAL"]
2. Objects of Act [...Title amended by Act 2009_003_038_20090828 - was entitled "Object of Act"]
3. Establishment of Film and Publication Board, Council, Appeal Tribunal and Enforcement Committee [...Title amended by Act 2009_003_038_20090828 - was entitled "Establishment of Film and Publication Board and Film and Publication Review Board"] [...Title amended by Act 2019_011_004(a)_20191003 - was entitled "Establishment of Film and Publication Board, Council and Appeal Tribunal"]
4. Composition of Council [...Title amended by Act 2009_003_004_20090828 by way of unmarked omission and marked insertionwas entitled "Constitution of Board"]
4A. Powers and duties of Council [...inserted by Act 2009_003_005_20090828]
5. Composition of Appeal Tribunal [...Title amended by Act 2009_003_006_20090828 by way of unmarked omission and unmarked insertion - was entitled "Constitution of Review Board"]
6. Members of Council and Appeal Tribunal to be appointed by Minister [...Title amended by Act 1996_065_006_19961108 by way of unmarked omission and unmarked insertion -  was entitled "Members of Board and Review Board to be appointed by President"] [...Title amended by Act 2009_003_007(a)_20090828 by way of unmarked omission and unmarked insertion - was entitled "Members of Board and Review Board to be appointed by Minister"]  
6A.Composition of Enforcement Committee [...inserted by Act 2019_011_006_20191003]
6B.Powers and duties of Enforcement Committee [...inserted by Act 2019_011_006_20191003]
6C. Removal of members of Enforcement Committee from office [...inserted by Act 2019_011_006_20191003]
7. Disqualifications with regard to membership of Council, Appeal Tribunal [ or ] Enforcement Committee [...Title amended by Act 2009_003_008(a)_20090828 - was entitled "Disqualifications with regard to membership of Board or Review Board"]  [... Title amended by Act 2019_011_007_20191003 - was entitled "Disqualifications with regard to membership of Council or Appeal Tribunal"]
8. Period of office of members of [ Council ] , Appeal Tribunal and Enforcement Committee [...Title amended by Act 2009_003_009(a)_20090828 - was entitled "Period of office of members of Board and Review Board"] [...Title amended by Act 2019_011_008(a)_20191003 - was entitled "Period of office of members of [ Council ] and [ Appeal Tribunal ] "] 
8A to 8J... [See Commentary on Act 1996_065_000 and Act 2008_033_011]
9. Removal from office [...Title amended by Act 1999_034_004_19990430 by way of unmarked omission and unmarked insertion - was entitled "Vacation of and removal from office"]
9A. Composition, functions and management of Board [...inserted by Act 2009_003_011_20090828]
10. Classification committees
11. Administrative support for Council, Appeal Tribunal and Enforcement Committee [...Title amended by Act 2009_003_013_20090828 - was entitled "Administrative staff of Board and Review Board"]  [... Title amended by Act 2019_011_010_20191003 - was entitled "Administrative support for Council and Appeal Tribunal"]
12. Remuneration
13. Expenditure
14. Annual report
15. ... [...repealed by Act 2009_003_017_20090828 - was entitled "Functions of chief executive officer"]
15A. Functions and powers of compliance officers [...inserted by Act 2009_003_018_20090828] [... Title amended by Act 2019_011_014_20191003 - was entitled "Functions of compliance officers"] 
CHAPTER 3. COMPLAINTS AND APPLICATIONS CONCERNING PUBLICATIONS
16. Classification of publications [...Title amended by Act 2009_003_019_20090828 by way of unmarked omission and unmarked insertion - was entitled "Complaints concerning, and applications for classification and reclassification of, publications"]
17. ... [... Title amended by Act 2004_018_006_20041102 by way of unmarked omission and unmarked insertion - was entitled "Classification committee shall consider publication and shall classify or refuse to classify publication"] [...repealed by Act 2009_003_020_20090828 - was entitled, last first, "Classification of publications"] 
CHAPTER 4. CLASSIFICATION OF FILMS AND GAMES, SELF-CLASSIFICATION, ACCREDITATION, COMPLAINTS AND PROHIBITED CONTENT [...Title amended by Act 2019_011_016_20191003 by way of unmarked omission and marked insertion - was entitled "APPLICATIONS FOR, AND CLASSIFICATION OF FILMS"]
18. Classification of films and games [...Title amended by Act 2009_003_021_20090828 by way of unmarked omission and unmarked insertion - was entitled "Applications for classification, and classification of films"]
18A. ... [...inserted by Act 2009_003_022_20090828]  [...repealed by Act 2019_011_018_20191003 - was entitled "Display of classification decisions"]
18B. .. [...inserted by Act 2009_003_022_20090828]  [...repealed by Act 2019_011_018_20191003 - was entitled "Re-classification"]
18C. Self-classification [...inserted by Act 2019_011_019_20191003]
18D. ... [...inserted by Act 2019_011_019_20191003]
18E. ... [...inserted by Act 2019_011_019_20191003]
18F.... [...inserted by Act 2019_011_019_20191003]
18G. ... [...inserted by Act 2019_011_019_20191003]
18H. ... [...inserted by Act 2019_011_019_20191003]
18I. ... [...inserted by Act 2019_011_019_20191003]
18J. ... [...inserted by Act 2019_011_019_20191003]
CHAPTER 5. RIGHT TO APPEAR, AND TO APPEAL TO REVIEW BOARD AND SUPREME COURT
[...Title amended by Act 2009_003_038_20090828 - was entitled "CHAPTER 5. Right to Appear, and to Appeal to Review Board and Supreme Court"] [...Title amended by Act 2019_011_020_20191003 - was entitled "CHAPTER 5. Right to Appear and to Appeal to Appeal Tribunal and Supreme Court, now capitalisation amended to "CHAPTER 5. Right to appear and to appeal to Appeal Tribunal"]
19. Right to appear, to be represented, to adduce evidence, to address, to have case and arguments properly considered, and to be informed of grounds of decision
20. Appeal to Review Board
21. ... [...repealed by Act 2009_003_025_20090828 - was entitled "Appeal to Supreme Court"]
CHAPTER 6. EXEMPTIONS: PUBLICATIONS AND FILMS
22. Exemption of persons from certain sections, and exclusions from application of this Act
23. Exhibition of films to distributor of films not prohibited by this Act
24. Exemption in respect of distribution of certain publications and films: Adult premises
24A. Prohibitions, offences and penalties on possession of films, games and publications [...inserted by Act 2009_003_029_20090828] [...Title amended by Act 2019_011_024_20191003 - was entitled "Prohibitions, offences and penalties on distribution and exhibition of films"]
24B. Offences and penalties in respect of child pornography and sexual exploitation of children [...inserted by Act 2009_003_029_20090828] [...Title amended by Act 2019_011_025_20191003 - was entitled "Prohibitions, offences and penalties on possession of films, games and publications"]
24C. Obligations of internet access and service providers [...inserted by Act 2009_003_029_20090828]
24D.Prohibition, offences and penalties for submission of false and misleading information to online submission system of Board  [...inserted by Act 2019_011_027_20191003]
24E.Prohibitions, offences and penalties on distribution of private sexual photographs and films   [...inserted by Act 2019_011_027_20191003]
24F. Prohibitions, offences and penalties on filming and distribution of films and photographs depicting sexual assault and violence against children   [...inserted by Act 2019_011_027_20191003]
24G. Prohibitions, offences and penalties on propaganda for war, incitement of imminent violence, and advocacy of hatred based on an identifiable group characteristic and that constitutes incitement to cause harm   [...inserted by Act 2019_011_027_20191003]
CHAPTER 7. PROHIBITION OF CONDUCT CONTRARY TO CLASSIFICATIONS
25. ... [...repealed by Act 2009_003_030_20090828 - was entitled "Prohibition of distribution of publications contrary to classifications"]
26. ... [...repealed by Act 2009_003_030_20090828 - was entitled "Prohibition relating to exhibition, distribution or advertisement of films"]
27. ... [...repealed by Act 2009_003_030_20090828 - was entitled "Possession of certain publications and films prohibited"]
27A. Registration and other obligations of internet service providers [...inserted by Act 2004_018_000_20041102] [...Title amended by Act 2019_011_032_20191003 - was entitled "Registration and other obligations of Internet service providers"
28. ... [...repealed by Act 2009_003_032_20090828 - was entitled "Distribution of certain publications prohibited"]
29. ... [...repealed by Act 2009_003_032_20090828 - was entitled "Advocating war, violence and hatred"]
30. ... [... repealed by Act 2019_011_029_20191003 - was entitled "Punishment "]
30A. Extra-territorial jurisdiction [...inserted by Act 2004_018_000_20041102]
30B. Presumptions and proof [...inserted by Act 2004_018_000_20041102]
CHAPTER 8. REGULATIONS, AMENDMENT AND REPEAL OF LAWS
31. Regulations
31A.Procedure for making regulations [... inserted by Act 2019_011_031_20191003]
32. ... [...repealed by Act 2009_003_036_20090828 - was entitled "Review of certain decisions with regard to publications and films"]
33. Repeal of laws
34. Amendment of Act 71 of 1991
35. Short title and commencement
Sch. 1. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 1. XX CLASSIFICATION FOR PUBLICATIONS"]
Sch. 2. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 2. X18 CLASSIFICATION FOR PUBLICATIONS"]
Sch. 3. ... [...repealed by Act 2009_003_037_20090828 - was entitled, last first,  "SCHEDULE 3. AGE RESTRICTIONS FOR PUBLICATIONS'  "R18 CLASSIFICATION FOR PUBLICATIONS"]
Sch. 4. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 4. F18 CLASSIFICATION FOR PERIODICAL PUBLICATIONS"]
Sch. 5. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 5. ART AND SCIENCE EXEMPTION FOR PUBLICATIONS"]
Sch. 6. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 6. XX CLASSIFICATION FOR FILMS"]
Sch. 7. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 7. X18 CLASSIFICATION FOR FILMS"]
Sch. 8. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 8. AGE RESTRICTION FOR FILMS"]
Sch. 9. ... [...repealed by Act 2009_003_037_20090828 - was entitled "SCHEDULE 9. ART AND SCIENCE EXEMPTION FOR FILMS"]
Sch. 10. ... [...repealed by Act 2009_003_037_20090828 - was entitled, last first, "SCHEDULE 10. PROMOTION OF HATRED"; "PROMOTION OF RELIGIOUS HATRED"]
Sch. 11. ... [...repealed by Act 2004_018_022_20041102 - was entitled "SCHEDULE 11. SEXUAL CONDUCT"]
Sch. 12. SCHEDULE 12. ACTS REPEALED (SECTION 33) [s33]

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