South AfricaFilms and Publications Act, online distributor self-classification and age-restricted content offences
Films and Publications Act 65 of 1996 ss. 18C (self-classification) and 24A(4) (distribution of restricted content to a minor), as inserted and amended by the Films and Publications Amendment Act 11 of 2019
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- Film and Publication Board
- Audit expectation
- on_request
- Who audits it
- Registered or designated auditor, Regulator
- Where the report goes
- Filed with regulator, Produced on request
What it requires
- Do not distribute a film, game or publication in South Africa unless it has been classified and carries a clearly visible label showing its age limit and content nature next to the Film and Publication Board's logo.
- Do not distribute or exhibit an unclassified film, game or section 16(2) publication, or one classified 'refused classification' or 'XX'.
- Do not knowingly distribute or exhibit to a person under 18 a film, game or publication classified 'X18', or one containing explicit sexual conduct that would have justified an X18 classification, whether or not you hold the relevant registration or accreditation.
- Do not knowingly distribute, exhibit in public, or offer or advertise for sale or hire a film, game or publication classified 'X18' unless you hold an adult-premises licence or, for films and games, are registered with the Board as a distributor or exhibitor.
- If you are a commercial online distributor accredited by the Board to classify your own content, apply the Board's classification guidelines and inform the Board of every 'XX' and 'X18' classification you make, deferring to any classification the Board has already made.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Knowingly distributing or exhibiting to a person under 18 years a film, game, or publication classified X18, or content that would have justified an X18 classification, carries a fine of up to R750,000 or imprisonment of up to five years, or both (s. 24A(4)). The same penalty applies to a person who holds no adult-premises licence and, for films and games, is not a registered distributor or exhibitor, and who knowingly distributes, exhibits in public, offers or advertises for sale or hire X18 content (s. 24A(3)). Distributing unclassified or refused-classification content carries a fine of up to R500,000 or imprisonment of up to five years, or both (s. 24A(2)).
Penalty structure
Cap for knowingly distributing X18 or equivalent explicit content to a person under 18 (s. 24A(4)); a separate, lower R500,000 cap applies to distributing unclassified or refused-classification content generally (s. 24A(2)).
- Rule
- Fixed only
- As of
- Currency
- ZAR
- Fixed cap
- 750,000
What it reaches
Age threshold
18
Covered services
Commercial online distributors of films, games, and publications, and any other person who broadcasts, distributes, exhibits, offers for sale or hire, or advertises a film, game, or publication in South Africa
Obligation class
Age verification, Content labelling, Licensing
Verification methods
Self declaration
What it makes you log
Logging duty
A commercial online distributor accredited to classify its own films, games and publications must make all its classification decisions available to the Film and Publication Board on demand for auditing purposes and must tell the Board of every 'XX' and 'X18' classification it makes. Neither can be done without keeping the decisions, but the Act names no log, no contents, no retention period and no age check of a user.
- Kind
- Implicit
- As of
- Provision
- Films and Publications Act 65 of 1996, section 18C(4) and (2)(e), as inserted by the Films and Publications Amendment Act 11 of 2019
What this law does
Section 18C lets the Film and Publication Board accredit a commercial online distributor to classify its own films, games, or publications, on condition the distributor applies the Board's classification guidelines and informs the Board of every 'XX' and 'X18' classification it makes, deferring to any classification the Board itself has already made.
Section 18C(6) separately bars distributing any film, game, or publication in South Africa unless it has been classified and carries a clearly visible label showing its age limit and content nature next to the Board's logo. Section 24A(2) makes it an offence, carrying a fine of up to R500,000 or imprisonment of up to five years, to distribute or exhibit an unclassified film, game, or a section 16(2) publication, or one classified 'refused classification' or 'XX'.
Section 24A(3) separately makes it an offence, carrying a fine of up to R750,000 or imprisonment of up to five years, for a person who holds no adult-premises licence and, for films and games, is not registered with the Board as a distributor or exhibitor, to knowingly distribute, exhibit in public, offer for sale or hire, or advertise for sale or hire a film, game, or publication classified 'X18' or one that would have been so classified.
Section 24A(4) separately makes it an offence, carrying a fine of up to R750,000 or imprisonment of up to five years, to knowingly distribute or exhibit to a person under 18 years a film, game, or publication classified 'X18', or one containing explicit sexual conduct that would have justified an X18 classification, regardless of whether the distributor itself holds the relevant registration or accreditation.
When LexLint raises it
When your app profile says your app publishes adult content.
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