The President of South Africa has proclaimed that the Film and Publications Amendment Act commences on 1 March 2022. The Act gives the Film and Publications Board (FPB) more power to enforce the Act. Now that the Film and Publications Amendment Act has commenced, you may have questions like: what does the law mean to me? who does it impact? how will the FPB perform their mandate?
We have the answers to your questions.
What does the Film and Publications Amendment Act mean to me and who does it impact?
The law impacts everyone in South Africa. The Film and Publications Amendment Act considers everyone a distributor once they post content on online mediums. The Act creates two distinct categories of distributors, namely a non-commercial online distributor and a commercial online distributor. A non-commercial online distributor only posts content intended for private use. The FPB confirmed in a media briefing on 4 March 2022 that non-commercial online distributors do not need to classify their content. You are a non-commercial distributor if you are posting content on social media for example, and you do not generate any form of income from it. We anticipate that the FPB will provide guidance around how the Act will affect everyone at a later stage.
When do I need to worry about the FPB as a non-commercial distributor?
The FPB may take action against you if:
- you decide to post anything that falls within the realms of prohibited content, and
- a member of the public reports you to them.
How will the FPB perform their mandate?
The Act gives the FPB the power to act as a regulator of content in South Africa. This means that they can take action against anyone who breaches the provisions of the Act.
Actions to take
- Read our analysis to learn about the practical impact of the Film and Publications Amendment Act.
- Ask us to provide you with a legal opinion on the Act and the legal implications for your organisation.
