27 June 2018, Centurion. Judgement between Indigenous Film Distribution (Pty) Ltd and Another vs. Film and Publication Board and other; will be handed on Thursday, 28 June 2018 at the Pretoria High Court. The judgement hearing will commence at 10:00am and the allocated court will be found on the day roll.
Heads of argument were presented on the 28th March 2018. Judge Justice Raulinga heard the heads of argument and upheld his judgement to give himself time to deliberate on the head of arguments.
A classification committee of the Film and Publication Board (FPB) rated the film in July 2017 and gave it a rating of 16 accompanied by consumer advisories stating that that the film contains scenes with strong Language, Sex and Nudity (16LSN).
The Appeal Tribunal overturned the classification rating of 16 LSN and gave a rating of X18 with the classifiable elements of Sex, Language, Nudity, Violence and Prejudice.
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Notes to the editor
The objective of the Act of 1996 is to regulate the creation, production, possession and distribution of films, games and certain publications, and more recently certain online content. This is done to provide consumer advice to enable adults to make informed viewing, reading and gaming choices for themselves and children in their care; to protect children from exposure to disturbing and harmful material and from premature exposure to adult experiences, and to make the use of children in, and the exposure of children to pornography, punishable.
Paramount to the mandate of the FPB is the protection of children. Protecting children under the Act is a proportional balancing of the rights afforded in the South African Constitution and Bill of Rights against the right of the child. The protection of children as enshrined in the Constitution and Bill of Rights includes physical, mental, emotional, spiritual or moral harm to be protected from maltreatment, neglect, abuse or degradation. It further ensures that children’s best interest is of paramount importance in every matter concerning a child.