ATC080520: Report Films & Publications Amendment Bill

NCOP Health and Social Services

1. Report of the Select Committee on Social Services on the Films and Publications Amendment Bill [B27B – 2006] (National Assembly – Section 75), dated 20 May 2008: 

The Select Committee on Social Services having considered the subject of the Films and Publications Amendment Bill [B27B – 2006] (National Assembly – Section 75), referred to it and classified by the JTM as a Section 75 Bill, reports the Bill with proposed amendments as follows:

CLAUSE 1

1. On page 3, in line 15, to omit “visual presentations or descriptions of any”.

CLAUSE 19

1. On page 9, in line 45, after the first “a”, to insert “bona fide”.

2. On page 9, from line 45, to omit “the Newspaper” and to substitute “Print Media”.

3. On page 9, from line 48, to omit subsection (2) and to substitute the following subsection:

"(2) Any person, except the publisher of a newspaper contemplated in subsection (1), who, for distribution or exhibition in the Republic creates, produces, publishes or advertises any publication that—

(a) contains explicit sexual conduct which—

(i) violates or shows disrespect for the right to human dignity of any person;

(ii) degrades a person;  or

(iii) constitutes incitement to cause harm;

(b) advocates propaganda for war;

(c) incites violence;  or

(d) advocates hatred based on any identifiable group characteristic and that constitutes incitement to cause harm,

shall submit, in the prescribed manner, such publication for examination and classification to the Board before such publication is distributed, exhibited, offered or advertised for distribution or exhibition.".

4. On page 10, from line 12, to omit "visual presentations, descriptions or representations of or amounting to".

5. On page 10, from line 22, to omit "visual presentations, descriptions or representations of or amounting to".

6. On page 10, in line 30, after "of", to omit "sexual or domestic" and to substitute "extreme".

7. On page 10, in line 34, after "merit", to insert "or is on a matter of public interest".

8. On page 10, from line 38, to omit "visual presentations, descriptions or representations of".

9. On page 10, in line 42, after "merit", to insert "or is on a matter of public interest".

10. On page 10, from line 46, after “contains”, to omit "visual presentations, descriptions or representations" and to substitute "material".

11. On page 10, from line 58, to omit "visual presentations, descriptions or representations of, or amounts to,”.

CLAUSE 21

1. On page 11, in line 20, after "contains", to omit "depictions or scenes of".

2. On page 11, in line 34, after "of", to omit "sexual or domestic" and to substitute "extreme".

3. On page 11, from line 43, to omit "visual presentations, descriptions or representations of".

4. On page 11, in line 51, after "contains", to omit "scenes" and to substitute "a scene".

5. On page 12, in line 4, after “contains”, to omit visual presentations, descriptions or representations of, or amounts to,”.

6. On page 12, after line 7, to insert the following subsection:

"(6) A broadcaster who is subject to regulation by the Independent Communications Authority of South Africa shall, for the purposes of broadcasting, be exempt from the duty to apply for classification of a game or film and shall, in relation to a film or game, not be subject to any classification or condition made by the Board in relation to that film or game.".

CLAUSE 27

1. On page 14, from line 24, to omit subsection (3).

CLAUSE 29

On page 16, from line 26, after “offence” to omit “and liable, upon conviction, to a fine or imprisonment for a period not exceeding 10 years or to both fine and such imprisonment”.

On page 16, from line 36, after “offence” to omit “and liable, upon conviction, to a fine or imprisonment for a period not exceeding 10 years or to both fine and such imprisonment”.

On page 16, from line 39, to omit subsections (3), (4) and (5).

On page 16, from line 59, after “offence”, to omit “and liable, upon conviction, to a fine or imprisonment for a period not exceeding 10 years or to both fine and such imprisonment”.