The Film and Publication Board noted that the total number of fines issued, amounted to R16 175 000.
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The Enforcement Committee of the Film and Publication Board (FPB) has imposed heavy fines on 21 non-compliant film and game distributors in South Africa.
The acting Chief Executive Officer of the FPB, Makhosazana Lindhorst, said the total fines amounted to R16 175 000.
Fines imposed
The fines range from R150 000 for distributing films and games without registering as a distributor, to R750 000 for distributing unclassified adult films and for distributing such films without a licence to conduct the business of adult premises.
Speaking at the Indaba Hotel conference centre in Fourways yesterday, Lindhorst said the engagement focused on understanding the regulatory responsibilities that apply across the film and gaming industry.
“Our role in terms of the Films and Publications Act 65 of 1996 is to regulate the creation, production, possession, and distribution of games, films, and certain publications.”
Functions of the FPB
The FPB’s functions include providing consumer advice to help adults make informed viewing, reading, and gaming choices for themselves and for children in their care; protecting children from disturbing and harmful material and from premature exposure to adult experiences; making use of regulation by punishing those who expose children to pornographic content and to criminalise the possession, production and distribution of child pornography.
Non-compliance
Lindhorst further explained that, under the Act, any person who distributes, broadcasts, or exhibits any film or game in the Republic must register, submit for classification, and self-classify.
“Section 15A empowers the compliance officer to conduct inspections to monitor compliance.”
Adding that when non-compliance is detected, a compliance notice is issued and distributors are afforded 30 days to correct non-compliance.
Regulatory approach
“Where non-compliance persists, the matter is referred to the Enforcement Committee.”
Lindhorst explained that the Enforcement Committee has powers to adjudicate matters referred to it by imposing a fine and suspending a registration certificate.
Reiterating that it is about compliance with the law.
“These figures demonstrate the scale at which the law is being enforced.”
“Enforcement is not directed at a particular form of content or particular industry; it is about compliance with the law,” Lindhorst said.
How to prevent fines
Lindhorst said this action was necessary because it gives effect to a statutory mandate that recognises the importance of informed consumer choice, particularly the need to protect children from harmful and age-inappropriate content.
“We are not regulating for the sake of regulation.”
She emphasised that the message to the industry should be clear.
Warning to public
“Know your obligations, register, submit content for classification or self-classify.”
Lindhorst warned that accessing unclassified films/games could expose you and those under your care to inappropriate and harmful content.
“Always check the classification before viewing or allowing your children to access the content,” she concluded.
