On 2 September 2022, the “Films and Publications Amendment Regulations, 2022” came into effect. The Regulations provide guidance on the implementation of the Films and Publications Amendment Act. In particular, the Regulations establish that any distributor who wishes to distribute online any publication is required to submit such publication for classification. Under the Regulations, a “commercial online distributor” is expressly defined as a distributor in relation to films, games and publications which are distributed for commercial purposes using the internet. The Regulations specify the procedure to apply for a registration certificate by the Film and Publication Board and regulate the classification process. In addition, the Regulations regulate the obligations of Internet Service Providers in relation to the duty to register with the Films and Publications Board and display registration certificates.
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