Vol. 405, No. 19848, 15 March 1999
Regulation Gazette, No. 6458
No. R. 348
GOVERNMENT NOTICE
DEPARTMENT OF HOME AFFAIRS
FILMS AND PUBLICATIONS ACT, 1996 (ACT NO. 65 of 1996)
FILMS AND PUBLICATIONS REGULATIONS
The Film and Publication Board has, in terms of section 31(2) of the Films and Publications Act, 1996 (Act No. 65 of 1996), made the regulations in the following Schedule:
SCHEDULE
Classification of Games
Arrangement of Regulations
Annexure 1: Prescribed form for classification of games
Annexure 2: Prescribed form for reclassification of games
Annexure 3: Prescribed form for application for exemption
Annexure 4: Prescribed form for appeal to Review Board
(a) In these Regulations, any meaning assigned to any word or phrase in the Act, will have that meaning and, unless the context indicates otherwise
"the Act" means the Films and Publications Act, 1996 (Act No. 65 of 1996), and all other words and phrases shall have the same meaning as defined in section 1 of the Act;
"game" means a computer programme or software and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game, but does not include business, accounting, professional, scientific or educational computer software unless the software includes a game that contains contentious material
"contentious material", in relation to a game, means material in the game that would fall within the definitions of Schedules 6, 7, 8 or 10 of the Act
"interactive game" means a game in which the way the game proceeds and the results achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player
(b) Any form referred to in these Regulations will be the form as prescribed in the annexures to the English text of these Regulations.
Application for classification of a game
An application for the classification of a game, in terms of section 18 of the Act, shall be submitted to the Board on Form FPB/16/CC, completed in all details, together with the prescribed fee.
Where the game contains contentious material, a video tape recording of the game play, in VHS format, must also be submitted with the application.
Where the game does not contain any contentious material, a full description of the game, together with a copy of any advertisement that is proposed to be used to advertise and promote the game, and a statement to the effect that the game does not contain any contentious material, must be submitted with the application.
Where the Board decides that a demonstration of the game is necessary for the proper consideration of any application, the applicant shall, at a time and place to be mutually agreed upon by the applicant and the Chief Executive Officer, demonstrate the game to a committee of the Board.
Where a game has been classified, or exempted, under the Act, the person who applied for the classification, exemption, of that game, shall provide a copy thereof to the Board, free of charge, in the format in which it will be distributed, to be kept or disposed of by the Board at its discretion.
Every applicant for the classification and/or exemption of a game shall also furnish, to the satisfaction of the Executive Committee of the Board, confirmation of her or his right to distribute that game in the Republic. In the absence of such confirmation, the Board may refuse to classify or exempt that game and may revoke any certificate of classification or exemption which may have been issued with respect to that game.
Application for reclassification of a game
- Where there have been changes to the game since it was last classified, the provisions of subsections (b), (c), (d) and (e) of section 2 of these Regulations shall apply to every application for reclassification.
Application for exemption from certain sections of the Act
The provisions of subsections (b), (c), (d) and (e) of section 2 of these Regulations shall apply to any application for exemption.
Any exemption granted under these Regulations may be subject to such conditions as the Executive Committee of the Board may, at its sole discretion, determine, having regard to the objects of the Act. Any breach of a condition may result in the cancellation of an exemption by a decision of the Executive Committee.
Notice of approval of game for distribution
Classification:
Consumer Advice:
Where the Review Board decides that a demonstration of the game is necessary for the proper consideration of the appeal, the applicant shall, at a time and place to be mutually agreed upon by the applicant and the Chairperson of the Review Board, demonstrate the game to the Review Board.
Application for a copy of me certificate of classification
An application for a copy of certificate of classification may only be made by, or under He written authority of, the holder of the original certificate, on Form FPB 12/CC, together with the prescribed fee.
Application for copy of me report of the Review Board
An application for a copy of a report of the Review Board shall be made to the Board on Form 141CRB, together with the prescribed fee.
These regulations shall be called the Films and Publications Regulations (Garret), 1~9 and shall come into operation on the day and date of its publication in the Gazette.
Annexure
1: Prescribed form for classification of games
Annexure 2:
Prescribed form for reclassification of games
Annexure 3:
Prescribed form for application for exemption
Annexure 4:
Prescribed form for appeal to Review Board