In terms of the amended Film and Publications Act, all films and videos must be submitted for classification. There are four main classification codes, which are explained below, but the classification committee may also impose an age restriction on a film or video if it feels it is necessary to protect children in the relevant age group against harmful or disturbing material in the film. It will be an offence to exhibit or distribute a film which has not been classified. Once it has been classified, it will be an offence to fail clearly to indicate the classification in an advert and on the cover and packaging of the film. A publication may be classified following a complaint from a member of the public or a publisher may voluntarily seek a classification for a specific publication.
WHEN: If the film or publication depicts:
IMPLICATIONS: It will be an offence to distribute, advertise for distribution, exhibit or possess a film or publication classified as XX.
EXEMPTIONS: This classification will not apply to:
With regard to the promotion of religious hatred, in addition to the above, exemption from this classification will be granted to films or publications which:
If a film has been classified as XX, the distributors or those applying for the classification may agree to certain cuts in the film which will allow the film to be distributed and exhibited under a lower classification.
PUNISHMENT: A fine or imprisonment of up to 2 years, or if aggravating factors are predominant, both. The court can also cancel the licence of an adult premise for 12 months if aggravating factors are predominant. If it is proved that a person knowingly failed to observe the implications of this classification, the films or publications subject of the charge may be declared forfeited to the State.
WHEN: If the film or publication describes or depicts explicit sexual conduct, including the explicit visual presentation of erect genitals.
IMPLICATIONS: A film or publication classified as X18 can only be distributed or exhibited on premises licenced as "Adult Premises". Only persons older than 18 may enter such premises. A trailer of an X18 film may not be screened during the same screening session or on the same video as a film or video with a lower age restriction. The X18 classification must be clearly indicated in advertisements for the film and on the cover and packaging of the film.
EXEMPTIONS: An X18 restriction shall not apply to a bona fide technical, professional, educational, documentary, literary or artistic publication.
PUNISHMENT: A fine or imprisonment of up to 2 years, or if aggravating factors are predominant, both. If a person knowingly fails to comply with the implications of this classification, the films or publications subject of the charge may be declared forfeited to the state.
WHEN: If the classification committee feels it necessary to protect minors against exposure to any harmful or disturbing material contained in a publication.
IMPLICATIONS: A publication classified as R18 can only be distributed to persons older than 18 or older than a specified younger age. The publication should bear a distinct notice of this restriction. It can only be distributed in a sealed and, where necessary, opaque wrapper.
EXEMPTIONS: None
PUNISHMENT: A fine or imprisonment of up to two years or if aggravating factors are predominant, both. If a person knowingly contravenes the implications, the publications subject of the charge may be declared forfeited to the state.
WHEN: If the following six issues of the periodical are likely to contain material which may be harmful or disturbing for children. The publisher must consent to such an order.
IMPLICATIONS: The same as for R18.
EXEMPTIONS: None
PUNISHMENT: A fine or imprisonment of up to two years or if aggravating factors are predominant, both. If a person knowingly contravenes the implications, the publications subject of the charge may be declared forfeited to the state.