Film and Publications Act

Film and Publications Act, Law n. 65/1996
Document type
Legislation
Country

According to Article 2:

The object of this Act shall be to regulate the distribution of certain publications and the exhibition and distribution of certain films, in the main by means of classification, the imposition of age restrictions and the giving of consumer advice, due regard being had to the fundamental rights enshrined in the Constitution of the Republic.

According to Article 25:

Any person who knowingly- (a) distributes or advertises for distribution a publication classified as XX in terms of a decision of the Board which has been published in the Gazette; (b) distributes a publication classified as X18 in terms of such a decision so published; (c) distributes a publication, classified as R18 or F18 in terms of such a decision so published, in conflict with a condition referred to in section 17(1)(c) or (d), imposed in respect of the distribution of such publication; (d) publishes any publication without having printed in such publication his or her name and the prescribed particulars of his or her business address, shall be guilty of an offence.

According to Article 29:

(1) Any person who knowingly distributes a publication which, judged within context- (a) amounts to propaganda for war; (b) incites to imminent violence; or (c) advocates hatred that is based on race, ethnicity, gender or religion, and which constitutes incitement to cause harm, shall be guilty of an offence.

(2) Any person who knowingly broadcasts, exhibits in public or distributes a film which, judged within context- (a) amounts to propaganda for war; (b) incites to imminent violence; or (c) advocates hatred that is based on race, ethnicity, gender or religion, and which constitutes incitement to cause harm, shall be guilty of an offence.

(3) Any person who knowingly presents an entertainment or play in public which, judged within context- (a) amounts to propaganda for war; (b) incites to imminent violence; or (c) advocates hatred that is based on race, ethnicity, gender or religion, and which constitutes incitement to cause harm, shall be guilty of an offence.

(4) Subsections (1), (2) and (3) shall not apply to- (a) a bona fide scientific, documentary, dramatic, artistic, literary or religious publication, film, entertainment or play, or any part thereof which, judged within context, is of such nature; (b) a publication, film, entertainment or play which amounts to a bona fide discussion, argument or opinion on a matter pertaining to religion, belief or conscience; or (c) a publication, film, entertainment or play which amounts to a bona fide discussion, argument or opinion on a matter of public interest.

Country
Topic, claim, or defense
Obscenity or Morality
Hate Speech
Dangerous Speech/Violent Extremism
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Issues addressed
Other
OSP obligation considered
Monitor or Filter
Type of liability
Primary
Type of law
Criminal
General effect on immunity
Weakens Immunity