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[1] At the heart of this urgent application is the issue of diversity, triggered by the publication and viewing of the film lnxeba ("the Wound") in cinemas. The Film and Publication Board ("the Board") had previously classified the film as 16LS. On appeal, the Film and Publication Tribunal ("the Tribunal") classified the film as X18 SLNVP. All this was done in terms of the Films and Publications Act, 65 of 1996 ("the Act").

[2] The term diversity may be categorised along the lines of race, religion and sexual orientation, and the list is not exhaustive. In the context of this application, diversity relates to culture and sexual orientation in the form of homosexual and heterosexual relationships.