The Film & Publication Board and Online Content Regulation
We defend your rights passionately and expertly.
[24 April 2026]
On 24 April 2026, the Film and Publication Board (FPB) appeared before Parliament to outline its Annual Performance Plan. This strategic roadmap details the organization’s objectives and operational targets for the fiscal year beginning 1 April 2026 and concluding 31 March 2027.
Updated tariffs for the Film and Publication Board (FPB) have been officially published. Interestingly, while the Minister signed the notice in September and it was gazetted on 21 November 2025, the new rates only take effect on 1 April 2025. Under the new schedule, internet service providers must pay R867.25 for registration, while annual renewals are priced at R154.39 for online submissions and R117.57 for manual filings.
The Film and Publication Board has concluded the development of its comprehensive operational plans for the ensuing fiscal year and its strategic framework for the five-year period spanning 1 April 2025 to 30 March 2030.
The Financial Services Board (FSB) has increased the fees for various services, including registration, classification, and public interactions. The new tariffs, effective October 2024, are adjusted by the Consumer Price Index (CPI) plus 1%. One notable change is the increased registration fee for internet service providers, which is now R830.59.
The FPB has agreed to retract the notice that outlined the responsibilities of internet service providers, platforms, and others in relation to addressing misinformation and disinformation. This decision followed urgent legal action initiated by Media Monitoring Africa and other parties on 5 April 2024, which argued that the notice was unconstitutional on several grounds.
The Film and Publication Board (FPB) has issued a notice under sections 18H and 27A of the Films and Publications Act (“the FPA”), setting out the duties of internet service providers and social media platforms in combatting disinformation and misinformation leading up to the 2024 national elections in South Africa.
The FPB has identified misinformation, disinformation, and fake news as harmful or troubling due to their potential to incite violence, promote hate speech, or advocate for war. Such content is prohibited under the Act.
The Notice defines:
“Disinformation” as false information knowingly disseminated by the person.
“Misinformation” as false information shared by someone who believes it to be true.
The FPB asserts that misinformation and disinformation are harmful content and that it has the authority to take action to prevent their spread.
The Notice reiterates the prohibition under section 18H of the FPA against the distribution of content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics and constitutes incitement to cause harm.
Schedule 3 of the Notice outlines the obligations of internet service providers:
Knowledge of Service Usage: If an internet service provider is aware that its services are being used to host or distribute content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics, it must report to the FPB in writing within 30 days of the Notice’s publication, detailing:a) Measures implemented on their platforms to prevent the spread of prohibited content, particularly misinformation, disinformation, and fake news, before and during the 2024 National and Provincial Elections.b) Steps taken to restrict access to content that promotes war, incites imminent violence, or advocates hatred, such as misinformation and disinformation, ahead of and during the 2024 National and Provincial Elections.
The Notice confirms that failing to comply with sections 27A (1) and (2) of the FPA is an offense that may result in fines or imprisonment upon conviction.
Internet Service Providers, user-to-user services, including Social Media, Video Sharing platforms, and search engines, must ensure that their platforms are not used for content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics in line with section 18H of the Act.
Lastly, the Notice requires ISPs, social media, and video-sharing platforms, and search engines to report to the FPB on:
The measures put in place to prevent prohibited content before and during the 2024 National Elections in South Africa.
All steps taken to restrict access to or prevent the distribution of content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics during the election period.
The notice was published on 22 March 2024, and responses are due by 30 May 2024.
[Note: This notice is problematic as the FPB is attempting to exercise powers it does not possess, imposing an unjustifiable restriction on the right to freedom of expression.]
[20 February 2024]
The Film and Publication Board (FPB) has updated its Tariff Regulations 2020, adjusting tariffs upward by the consumer price index (CPI) + 1%.
These amendments are said to take effect from 1 April 2023, but a more accurate interpretation suggests that they would only become effective from their date of publication in the Government Gazette, i.e., 16 February 2024.
The registration fee for internet service providers (ISPs) is set at R779.84, but no renewal fee is specified.
The FPB has also issued a notice detailing the registration and classification requirements for distributors and exhibitors under sections 18(1) and 24A of the Films and Publications Act.
Submissions are due by 29 September 2023 and should be addressed to Mr. Andrew Sebapu. Submissions can be sent via email to clientsupport@fpb.org.za with the subject line “Draft Regulatory Instruments of the Film and Publication Board.”
[23 June 2023]
The Film and Publication Board has released a draft accreditation framework and a sample application form for public input.
Comments must be submitted by 4 August 2023 and addressed to Mr. Oupa Makhalemele at oupa.makhalemele@fpb.org.za with the subject line “Draft Accreditation Framework of the Film and Publication Board with Sample Application Form.”
[28 March 2023]
The Film and Publication Board has officially published the following regulatory instruments after considering public comments:
In accordance with section 31(1)(a)(c) and (f) of the Films and Publications Act, the Film and Publication Board has issued the following draft regulatory instruments for public comment:
Feedback is due by 17 February 2023 and should be sent to Mr. Pandelis Gregoriou at clientsupport@fpb.org.za with the subject line “Draft Regulatory Instruments of the Film and Publication Board.”
[1 November 2022]
The Film and Publication Board has issued a legal notice under sections 24C and 27A of the Films and Publications Act, directing ISPs to comply with various provisions of the Act.
This notice requires ISPs to report on the measures they have implemented to address the spread of Child Sexual Abuse Material (CSAM) and other harmful online content on their platforms or services.
ISPs must comply with the requirements outlined in the notice by 27 January 2023.
These guidelines outline the various classifiable elements, such as nudity, language, and violence, and describe how these elements are to be evaluated.
[9 May 2022]
The Film and Publication Board provided an update to Parliament on 3 May 2022 regarding the implementation of the amended Films and Publications Act.
After a three-year review process, the Film and Publication Board has finalized its revised tariff structure for interactions with distributors and other stakeholders.
Fees are applied in a tiered structure (e.g., 0-499 @ Rx, 500-999 @ Ry, etc.).
Online distributor annual license fees are capped at a maximum of ZAR2 million.
All tariffs will be adjusted annually based on the Consumer Price Index (CPI) plus 1%, effective from April 1 each year.
[30 October 2020]
The Minister has invited the public to submit nominations for potential candidates to the Council of the Film and Publication Board. Submissions are due by 14 November 2020 and should be sent to: nedappointmentfpb@dtps.gov.za, attention Ms. Precious Tsolo.
Comments on the Draft Films and Publications Amendment Regulations 2020 are due by 17 August 2020 (previously 3 August 2020). Submissions should be sent to: clientsupport@fpb.org.za, attention Mr. Pandelis Gregoriou, with ‘draft Film and Publication Regulations’ in the subject line. For inquiries, call 012 003 1400.
[4 October 2019]
The President has signed the Films and Publications Amendment Act 11 of 2019 into law. It will take effect on a date to be announced in the Government Gazette.
The Film and Publications Board (FPB) presented its Annual Performance Plan (APP) for the 2019/2020 government financial year to the Portfolio Committee for Communications on 3 July 2019.
The guidelines outline the various classifiable elements – such as nudity, language, and violence – and how they should be applied.
Unfortunately, the Board has once again overstated its jurisdiction:
All legitimate content that qualifies as a film, game, publication, or online content under the Act falls under the FPB’s jurisdiction. This includes films shown in cinemas, DVDs, Blu-rays, videos on demand, mobile content (as long as it does not constitute broadcast content), and the internet.
[20 March 2019]
The Films and Publications Amendment Bill 2019 has completed its parliamentary process and has been forwarded to the President for signature.
[17 March 2019]
The Portfolio Committee has adopted its report on the Bill and published what is likely the final version.
The Bill is nearing finalisation, with the amendments proposed by the National Council of Provinces (NCOP) approved by the Portfolio Committee for Communications on 26 February 2019.
[30 October 2018]
The Select Committee on Communications and Public Enterprises met on 24 October 2018 to finalise the Bill, which they have now done. The Bill will be sent to the President for signature.
[20 October 2018]
The Select Committee for Communications and Publications has released a list of proposed amendments to the Film and Publications Amendment Bill as received from the Portfolio Committee for Communications.
There are three proposed changes: two are technical, and the third removes the requirement for members of the new Enforcement Committee to have qualifications and extensive experience. The only remaining requirement is that the chairperson be a retired judge.
[4 September 2018]
The Film and Publications Board has published revised Classification Guidelines for public comment, as per the Film and Publications Act. Written comments are invited until 26 October 2018 and can be sent to Phuti.Moyaha@fpb.org.za, with ‘draft Classification Guidelines’ in the subject line. For inquiries, contact 012 003 1400.
The National Council of Provinces has scheduled meetings on the Bill. A formal briefing from the Department of Communications will take place on 15 August 2018, followed by the consideration of written submissions on 22 August. Based on the written submissions, the Select Committee may request oral presentations, which will be heard on 5 September 2018.
The Committee Secretary has indicated that further written submissions on the B version of the Bill can be made until 22 August 2018.
The Bill was confirmed to have lapsed under Rule 333 of the Joint Rules of Parliament, which provides for the lapsing of Bills at the end of the annual session or term of the National Assembly or when the Assembly is dissolved.
The Bill was revived through a motion passed on 27 February 2018 and will now proceed to the National Assembly for debate on 6 May.
[21 February 2018]
It appears that the Film and Publications Amendment Bill 2017 has “lapsed.”
[16 February 2018]
The FPB has released a discussion document on the review of classification guidelines, which are reviewed every five years. Stakeholders, including the public, are invited to submit written input by emailing ClassificationGuidelines@fpb.org.za by 27 March 2018. Public consultations will be held nationwide from 19 February to 13 March 2018.
The Portfolio Committee is scheduled to discuss the adoption of the report on the public hearings for the Bill on 20 February 2018. It is expected that the Bill will then proceed to the National Assembly for debate.
[26 November 2017]
The Portfolio Committee adopted the Bill in the form linked below on 14 November 2017. The Bill will now move to the National Assembly.
Currently, additional discussions on the Films and Publications Amendment are set for 24 October and 14 November, with the Minister expected to brief the Committee on the status of the Films and Publications Board on 28 November 2017.
[2 October 2017]
The FPB has released new draft tariffs related to its various registration and classification services.
Submissions are due by 10 November 2017 and should be sent to tariffs.submissions@fpb.org.za, addressed to Tshepo Mogale.
[28 September 2017]
The Portfolio Committee is scheduled to convene on 10 October 2017 for further deliberations on the Bill.
[10 June 2017]
The “Report of the Portfolio Committee on Communications on its deliberations on Budget Vote 3: Communications, and its Entities, Dated 16 May 2017” indicates that while the Committee acknowledges the delay in finalizing the Bill, its priority is to ensure that the Bill is constitutionally sound and serves its intended purpose.
The Committee has requested, via an Interim report on the Bill, permission from the National Assembly to amend additional provisions of the Films and Publications Act that were not initially covered under the Films and Publications Amendment Bill.
“During the inquiry into the Bill and through public hearings and discussions, the Committee identified the need to amend additional provisions of the principal Act beyond the scope of the Bill. As per NA Rule 286(4)(c), when a Committee intends to amend other provisions of a principal Act not covered by the Bill, it must seek the Assembly’s approval.
In accordance with NA Rule 286(4)(c), the Committee is now seeking the National Assembly’s permission to explore and amend additional provisions of the principal Act.”
The Committee specifically highlighted section 4A, which outlines the duties of the Council of the Film and Publications Board, and the definitions section.
[16 May 2017]
Deliberations on the Film and Publications Amendment Bill continued today in Parliament with a brief clause-by-clause review. Below is a link to the Department of Communications’ presentation.
The Portfolio Committee on Communications has released its draft program for the Parliamentary term running from 2 May 2017 to 30 June 2017. The following meetings are relevant to the Films and Publications Amendment Bill 2015:
Tuesday, 23 May (09h30 – 13h00): Briefing by the Department of Planning, Monitoring and Evaluation on the compliance of the Films and Publications Amendment Bill [B37 – 2015] with the Socio-Economic Impact Assessment System (SEIAS) & further deliberations on the Bill.
Tuesday 30 May (09h30 – 13h00): Adoption of the report on public hearings and final deliberations on the Bill.
[10 March 2017]
Below are links to documents presented by the Department of Communications and the Film and Publications Board during their appearance before the Portfolio Committee on 7 March 2017.
Based on the current schedule for Parliamentary Portfolio Committee meetings, the Portfolio Committee on Communications is expected to continue discussions on the Films and Publications Amendment Bill on 28 February 2017.
Please note that the schedule is subject to change.
No decision has been made yet on whether to continue with the Bill or refer it back to the Department of Communications for revisions. The introduction of the Cybercrimes and Cybersecurity Bill into the Parliamentary process adds weight to the argument for a referral, as the latter Bill includes provisions that overlap with the Films and Publications Bill, such as “revenge pornography” and cyberbullying, and removes the jurisdiction of the Film and Publications Board regarding child sexual abuse material.
[3 November 2016]
We have been informed that a final decision on the Films and Publications Amendment Bill 2015 will be made at a Portfolio Committee meeting scheduled for 2 December 2016. There is a strong possibility that the Bill may be referred back to the Department of Communications.
[29 October 2016]
The Films and Publications Board has commenced a review of the tariffs and classifications applicable to online content distributors and Internet service providers. The tender for this review has been awarded to “Enterprises at University of Pretoria” with a contract value of R 1 637 179,08.
The Board is expected to engage with stakeholders in early 2017 before finalizing the review.
[18 October 2016]
Following the completion of public hearings, the Films and Publications Board and the Department of Communications have released a revised version of the Bill for further comments from interested parties.
The Bill is set for further discussion by the Portfolio Committee on 25 October 2016. At this point, the Bill faces several challenges…
A note from a Senior State Law Advisor is critical in its evaluation:
Conclusion
The Films and Publications Act, enacted in 1996, was developed when the constitutional process was not yet finalized. Since its enactment, it has undergone four amendments, many of which addressed constitutional judgments deeming parts of the Act unconstitutional.
The absence of a socio-impact assessment (RIA) is a significant concern, especially in light of court judgments and public opinions expressed during hearings.
There is uncertainty about whether the Bill will effectively address these issues. A thorough impact assessment would have greatly assisted all stakeholders in determining the best way forward.
The Films and Publications Board presented its Annual Report for the 2015/16 financial year to the Portfolio Committee on Communications on 12 October 2016.
The Portfolio Committee for Communications met on 20 and 21 September to review the submissions made on the Films and Publications Amendment Bill 2015. Below are links to two presentations made by the Department of Communications in response to these submissions:
Hearings on the Films and Publications Amendment Bill [B37-2015] will take place from 30 August 2016 to 2 September 2016 in the Old Assembly Chamber in the Parliamentary Precinct.
The schedule for the three days as provided by the Portfolio Committee:
We note from a recently released schedule of Parliamentary committee meetings that public consultations regarding this Bill are set for 30 August to 1 September 2016 in the Old Assembly Chamber within the Parliamentary Precinct.
The Committee has allocated an additional three days, from 20 September to 22 September 2016, for its discussions on the Bill.
[8 May 2016]
This is the final version of the document, which will take effect on a date to be announced by the Minister of Communications in the Government Gazette.
In response to numerous requests citing the insufficient consultation period, the Portfolio Committee has extended the deadline for submissions on the Films and Publications Amendment Bill 2015 to 12h00 on 26 May 2016. Public hearings will be scheduled after the local government elections on 3 August 2016.
[19 April 2016]
The Films and Publications Board presented its strategic plan for the period 2016–2020 to the Portfolio Committee on Communications on 16 April 2016.
The Board outlined its priorities for this period, including:
Technology-driven content classification.
Consumer education (empowering adults and safeguarding children).
Legislative review (creating a platform-neutral legal framework).
Establishing local and international partnerships (to enhance web regulation).
The Board also defined its Strategic Outcomes (SOs) for this period:
SO 1: Effective and visible monitoring of films, games, and specific publications across the entire value chain (content creators, producers, and distributors) to protect children and inform the public.
SO 2: Educating consumers, the public, and industry about the FPB’s mandate.
SO 3: Efficient and effective management of FPB operations.
SO 4: Ensuring innovative and effective regulation of online, mobile, and related content to protect children and inform the public.
SO 5: Expanding the FPB’s presence through partnerships and stakeholder engagement to support its mandate.
The Board is also considering additional strategic outcomes, such as:
An anti-piracy initiative.
Cybersecurity measures.
Community media strategies.
Provincial stakeholder engagement forums.
The Board expressed its concerns about the impact of digital migration on its operations, its capacity to fulfill its mandate, revenue generation, funding, and its preparedness for regulating online content.
The following are expenditure trends for SO2 and SO4 from 1 April 2012 to 31 March 2019:
2012/13*
2013/14*
2014/15*
2015/16**
2016/17***
2017/18***
2018/19***
SO 2
7 851 000
9 507 000
10 541 000
10 891 000
9 611 000
10 822 000
11 393 000
SO 4
926 000
1 838 000
7 906 000
8 168 000
686 000
7 467 000
7 793 000
*Audited figure
** Revised estimate
*** Estimate
[7 April 2016]
An advert calling for submissions on the Bill has been published: the deadline for written submissions is 12h00 on 29 April 2016.
[4 April 2016]
Public hearings for the Film and Publications Amendment Bill 2015 are set for May 24-25, from 9:30 AM to 6:00 PM. The Bill is currently under review, and a revised version will be released for public input.
[21 March 2016]
National Treasury has published the Expected National Expenditure (ENE) for all government departments, including the Department of Communications, which oversees the Films and Publications Board (FPB).
Key points from the ENE regarding the FPB (pages 28-31):
Over the medium term, the FPB will focus on public education to empower adults and protect children from harmful content; implement compliance, monitoring, and evaluation; develop advanced technology for online content regulation; classify content for films, games, and adult publications; and conduct research on content impact.
This will involve outreach and public campaigns encouraging adults to promote responsible viewing, gaming, and reading habits. Workshops for parents and industry stakeholders will focus on child safety online.
R31.8 million over the medium term is allocated to public awareness and education initiatives, aiming to reach 10 million South Africans.
The FPB will also address the illegal use of children in pornography, focusing on combating distribution via physical and online platforms.
R22.2 million is allocated over the medium term to develop and implement a content regulation framework to ensure 100% classification and labeling of content across online, mobile, and related platforms, with completion targeted for 2017/18.
R22.9 million is allocated over the medium term for additional workshops, meetings, and consultant engagement. Approximately 60% of this funding will be spent on travel costs for campaigns and outreach in various regions.
“In response to economic pressures, the board introduced a licensing fee for online content distribution in 2015/16. Further research is being conducted to ensure this fee structure supports the board’s financial sustainability.”
Transfers from the Department of Communications are projected to grow at an average annual rate of 5.6%, from R86.5 million in 2016/17 to R97 million in 2018/19.
[16 March 2016]
On 14 March 2016, the Film and Publications Board (FPB) and the Independent Communications Authority of South Africa (ICASA) signed a memorandum of understanding (MoU) to address joint regulatory responsibilities in a cohesive and cooperative manner.
According to an ICASA media release, the MoU aims to establish a formal partnership between ICASA and the FPB, creating a framework to address:
Uniform content classification and labeling by the industry, including wireless application service providers, electronic communications service providers, and broadcasters;
Raising awareness about compliance with applicable laws;
Information sharing and joint research on matters of mutual interest in content regulation;
Promoting the roles of ICASA and FPB in safeguarding children from inappropriate content.
The concept of an MoU between the two entities was first discussed in Parliament on 18 August 2015, where ICASA noted that a collaborative framework for content regulation had been agreed upon.
The Department of Communications is scheduled to brief the Portfolio Committee on Communications on the Films and Publications Board Amendment Bill from 9:30 AM to 12:30 PM on 23 February 2016.
Of note, the licensing fee for “online distribution” has increased from R750,000 per annum to R795,000 per annum. Unlike the previous fee, the new one is not subject to the discretion of the FPB executive committee.
[5 November 2015]
The CEO of the Film and Publications Board, responding to a query during a presentation to the Portfolio Committee for Communications on 20 October 2015, indicated that the FPB is still reviewing responses to its draft online content regulation policy. The presentation addressed the Board’s performance during the 2014/2015 government year, as reported in its Annual Report.
The Board expects to finalize this process by 31 March 2016.
In the same meeting, the Board reported 169 cases of suspected child sexual abuse materials identified by its classifiers.
A brief Gazette Notice has clarified that the title of the Bill to be introduced is the Films and Publications Amendment Bill 2015 rather than the Films and Publications Amendment Bill 2014 (link updated below).
[23 October 2015]
The Department of Communications has announced its intention to introduce a Films and Publications Amendment Bill into Parliament during November 2015.
Establish the Penalty Committee, define its structure, and outline its powers and responsibilities;
Regulate the online distribution of digital films and games;
Expand the FPB’s role to include compliance oversight for online distributors;
Further regulate compliance officers’ duties in inspecting premises where films or games are sold, rented, or exhibited;
Enhance the regulation of publications, films, and games;
Establish and accredit independent industry classification bodies through the FPB;
Allow for the recognition of foreign classification systems by the FPB;
Permit the use of classification ratings from approved foreign bodies;
Provide for an appeals process against classifications issued by independent bodies;
Outline exemptions for online film and game distribution;
Strengthen obligations for internet service providers in addressing the use of their platforms for promoting racism and hate speech;
Revise and enhance penal provisions;
Address other related matters.
[14 August 2015]
The South African Cabinet has given the go-ahead for the introduction of the Films and Publications Amendment Bill into Parliament. While the FPB’s draft online content regulation policy may have been seen as a preliminary step, the introduction of this Bill signifies the official beginning of the content regulation discussion in South Africa.
4.1. Cabinet has approved the submission of the Films and Publications Amendment Bill, 2015 to Parliament. The Bill seeks to amend the Films and Publications Act, 1996 (Act 65 of 1996). These amendments address technological developments, particularly concerning online and social media platforms, to protect children from exposure to harmful and inappropriate media content across all platforms, both physical and digital.
The Bill also enhances the responsibilities of mobile networks and Internet service providers to safeguard the public, especially children, when using their services. The Independent Communications Authority of South Africa (ICASA) will not issue or renew licenses without confirmation from the Film and Publication Board that there is full compliance with the applicable legislation.
[27 July 2015]
The deadline for submissions on the Film and Publication Board’s draft online content regulation policy closed on 15 July 2015. We will endeavor to publish as many of the submissions as we are able to locate…
The Film and Publication Board (FPB) has announced the dates for its national public consultations on the Draft Online Regulation Policy. The public is encouraged to participate and share their views.
Public consultations will be held as follows:
KwaZulu-Natal: 9 April 2015, 09:30-11:00 – Media briefing, GCIS Sage Life House, 21 Slovo Street, Durban (open to all media)
KwaZulu-Natal: 10 April 2015, 17:00-19:00 – Public meeting, Durban ICC, Inkosi Albert Luthuli ICC Complex, 45 Bram Fischer Rd, Durban (open to the public)
Western Cape: 23 April 2015, 17:00-19:00 – Artscape Theatre, DF Malan Street, Foreshore, Cape Town
Limpopo: 6 May 2015, 17:00-19:00 – Library Auditorium, 71 Hans van Rensburg Street, Library Gardens, Polokwane
Eastern Cape: 14 May 2015, 17:00-19:00 – City Hall, Govan Mbeki Avenue, Port Elizabeth
Mpumalanga: 21 May 2015, 17:00-19:00 – Kanyamazane Community Hall, Sunbird Street, Kanyamazane, Mbombela
Gauteng: 28 May 2015, 17:00-19:00 – Turbine Hall (The Glass House), 65 Ntemi Piliso Street, Johannesburg
Of particular interest is the anticipated increase in expenditure on Strategic Outcome 4 – Online and Mobile Content Regulation, from 3.2% to 8.6% of total expenditure for the period 1 April 2015 to 31 March 2017. Spending on this item rose from ZAR 926,000 in 2012/3 to ZAR 7,906,000 in 2013/4 and is expected to peak at ZAR 8,210,000 during 2016/7.
The following points are highlighted in the associated text:
The FPB aims to develop and implement a content regulation framework over the medium term to ensure 100% classification and labeling of content distributed on online, mobile, and related platforms by 2017.
Spending priorities over the medium term will focus on:
Implementing advanced technology for content classification of films, games, and adult publications.
Educating and informing the public to empower adults and protect children from harmful content.
Reviewing existing legislation to align with technological advancements.
Conducting research, compliance, monitoring, and evaluation.
The FPB has reallocated funds from its current budget to support these initiatives.
[4 March 2015]
The Film and Publications Board (FPB) has initiated a public consultation process regarding its Draft Online Content Regulation Policy.
The FPB has also shared research conducted by Deloittes on informal trading and online regulation, as well as results from the FPB’s public survey on online regulation and classification:
Anyone wishing to submit comments or representations should do so by 16:00 on 8 July 2015. Submissions can be sent to policy.submissions@fpb.org.za or delivered to the FPB head office at ECO Glade 2, 420 Witch Hazel Street, ECO Park, Centurion, 0169, addressed to Ms. Tholoana Ncheke.
Proposed amendments to the Films and Publications Act have been forwarded to the State Law Advisers for review. The FPB expects a response by March 2015 and hopes to finalize amendments to the Act within the year.
However, we believe it will be fortunate if these are completed before Q1 2017.
Additionally, the FPB has issued a Request for Tender (RFT07/2014) for a service provider to offer Public Relations, Media Relations, Marketing, and Communication support to the Film and Publication Board (FPB) to assist with public consultations and media engagements for the adoption of the draft Online Content Regulation Policy.
Deadline for response: 11:00, on Friday, 27 March 2015.
The FPB has informed Parliament that amendments to the Film and Publications Act of 1996 will be introduced to improve the classification of online content. In a presentation to the Portfolio Committee for Communications, the FPB noted that “a legislative amendment process is underway to enhance regulation of online content distribution.”
The Strategic Outcomes (SOs) for the FPB up to 2017/18 are:
SO1: Effective monitoring of the industry across the value chain to protect children and adults through information.
SO2: Educating consumers, the public, and industry about the FPB’s mandate.
SO3: Efficient management of FPB operations.
SO4: Updated and innovative regulation of content distributed online, on mobile, and related platforms to protect children and adults.
SO5: Expanding the FPB’s presence through partnerships and stakeholder engagement to fulfill its mandate.
Current challenges include:
Lack of empirical research and industry-specific expertise.
An increase in content across various platforms (local and international) accessible to South African citizens, particularly online.
Rise in illegal content and user-generated content (notably child pornography).
Cyber-safety concerns related to children.
Insufficient regulatory tools for online content distribution (pending legislative changes, Online Strategy implementation, ICT tools).
Limited enforcement capabilities under the FP Act (insufficient enforcement provisions).
Decreased funding sources in light of an expanding mandate (reduced revenue due to the shift from physical to online distribution).
Under SO1, the FPB reported conducting 579 online inspections, 88 ISP inspections, and 65 social network inspections between October and December 2013, and noted improvements in its monitoring capabilities.
Under SO4, during the same period:
A draft Online and Mobile Content Regulation Strategy was developed and awaits Council approval, although the cost of the strategy is still pending.
The FPB joined the International Age Rating Coalition (IARC), a global initiative led by top content rating authorities aimed at streamlining the age classification process for digitally delivered games and apps, and is implementing its framework.
Four industry workshops and two parent workshops on child online protection were held.
Revenue analysis for this period indicated:
A grant subsidy of R55,631,000 was received from the Department of Home Affairs, disbursed in quarterly installments of R20,669,000.
Classification fees totaled R6,375,750 during the first three quarters of the financial year, representing only 30% of projected fees due to a decline in materials submitted for classification.
Registration fees collected amounted to R339,919 during the first three quarters, only 24% of projected fees.
Annual renewal fees generated were R195,149, accounting for 26% of projected fees, attributed to an increase in distributors shutting down operations.
Interest income of R15,848 was earned from short-term investments in the current financial year.
Other income for the quarter, including staff recoveries and Tender purchases, totaled R6,200.
Overall, 70% of the budgeted income had been received by the end of the third quarter.
[7 April 2014]
The Film and Publications Board (FPB) has released updated regulations concerning fees and tariffs for its activities.
The registration fee for Internet Service Providers (ISPs) has increased to R529. Additionally, a “licensing fee” of up to R750,000 may be imposed at the discretion of the executive committee for “online distribution.” The term “online distribution” is not defined in the Film and Publications Act, creating ambiguity regarding its coverage (though the broad definition of “distribute” suggests it encompasses a wide range of activities).
ISP Registration with the FPB
All ISPs are required to register with the FPB, and the latest regulations specify that applications must include (a) proof of payment of the registration fee (currently R529), (b) a valid tax clearance certificate, and (c) the South African registration number of the business.
ISPs must also indicate in their application what measures are in place to prevent children from being exposed to child pornography and pornography, with the FPB having the right to request evidence of the effectiveness of these measures.
The regulations clearly state that “No person may host any website or provide access to the internet as an internet service provider unless registered with the Board in accordance with section 27A of the Act.”
[30 October 2013]
The Portfolio Committee on Home Affairs has recommended enhanced collaboration with ICASA regarding online content classification, as outlined in its Budgetary Review and Recommendations Report dated 22 October 2013.
10. RECOMMENDATIONS
Among the issues highlighted by the committee during the review year, the following were noted for prioritization by the Minister of Home Affairs in future planning and budget allocations:
10.1. ……
10.13. Improved collaboration between the FPB and the Independent Communications Authority of South Africa (ICASA) is essential to ensure compliance with the Film and Publications Act for content that is broadcast and privately posted online.
It appears unlikely that either organization, whether operating independently or under a memorandum of understanding, is adequately prepared to handle online content classification—especially concerning “privately posted” content. This matter is under review by the ICT Policy Review Panel, with content regulation topics expected to be addressed in the forthcoming Green Paper on ICT Policy, anticipated for release in late 2013.
4. Ensure effective and innovative regulation of the content distributed on online, mobile and related platforms to protect children and inform the general public.
Online and mobile content regulation
1. Development and implementation of a content regulation framework that ensures 100% classification2.Labelling of classifiable content distributed on online, mobile and related platforms, by 2017.
Develop and implement an Internet content regulation strategy and framework. Electronic content labelling Online child protection
This intention to regulate online content must be weighed against the following remark from the FPB CEO during the presentation: “The Board acknowledged that it was unfortunately unfeasible to regulate internet content, noting the significant distribution of pornography online. The industry is very litigious, with substantial amounts spent on legal fees.”
The Film & Publication Board and Online Content Regulation
[24 April 2026]
On 24 April 2026, the Film and Publication Board (FPB) appeared before Parliament to outline its Annual Performance Plan. This strategic roadmap details the organization’s objectives and operational targets for the fiscal year beginning 1 April 2026 and concluding 31 March 2027.
Film and Publication Board Annual Performance Plan 2026 – 2027
[26 November 2025]
Updated tariffs for the Film and Publication Board (FPB) have been officially published. Interestingly, while the Minister signed the notice in September and it was gazetted on 21 November 2025, the new rates only take effect on 1 April 2025. Under the new schedule, internet service providers must pay R867.25 for registration, while annual renewals are priced at R154.39 for online submissions and R117.57 for manual filings.
FPB CPI Adjusted Tariffs for 2025 – 2026
[24 April 2025]
The Film and Publication Board has concluded the development of its comprehensive operational plans for the ensuing fiscal year and its strategic framework for the five-year period spanning 1 April 2025 to 30 March 2030.
Film and Publication Board Annual Performance Plan 2025-26
Film and Publication Board Strategic Plan 2025 to 2030
[11 October 2024]
The Financial Services Board (FSB) has increased the fees for various services, including registration, classification, and public interactions. The new tariffs, effective October 2024, are adjusted by the Consumer Price Index (CPI) plus 1%. One notable change is the increased registration fee for internet service providers, which is now R830.59.
FPB Tariff Amendments October 2024
[13 May 2024]
The Film and Publication Board (FPB) has released its Annual Performance Plan (APP) for the period from 1 April 2024 to 31 March 2025.
FPB Annual Performance Plan 2024/5
[17 April 2024]
The FPB has announced the withdrawal of a notice on its website.
Withdrawal of Notice to ISPs and Platforms outlining obligations regarding the 2024 elections
[7 April 2024]
The FPB has agreed to retract the notice that outlined the responsibilities of internet service providers, platforms, and others in relation to addressing misinformation and disinformation. This decision followed urgent legal action initiated by Media Monitoring Africa and other parties on 5 April 2024, which argued that the notice was unconstitutional on several grounds.
Details of the legal proceedings are available on the powerlaw.africa website: Media Monitoring Africa Trust and Others v Film and Publication Board and Others (2024/037092).
[24 March 2024]
The Film and Publication Board (FPB) has issued a notice under sections 18H and 27A of the Films and Publications Act (“the FPA”), setting out the duties of internet service providers and social media platforms in combatting disinformation and misinformation leading up to the 2024 national elections in South Africa.
FPB Notice ISP and Platform obligations regarding the 2024 elections
The FPB has identified misinformation, disinformation, and fake news as harmful or troubling due to their potential to incite violence, promote hate speech, or advocate for war. Such content is prohibited under the Act.
The Notice defines:
The FPB asserts that misinformation and disinformation are harmful content and that it has the authority to take action to prevent their spread.
The Notice reiterates the prohibition under section 18H of the FPA against the distribution of content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics and constitutes incitement to cause harm.
Schedule 3 of the Notice outlines the obligations of internet service providers:
The Notice confirms that failing to comply with sections 27A (1) and (2) of the FPA is an offense that may result in fines or imprisonment upon conviction.
Internet Service Providers, user-to-user services, including Social Media, Video Sharing platforms, and search engines, must ensure that their platforms are not used for content that promotes war, incites imminent violence, or advocates hatred based on identifiable group characteristics in line with section 18H of the Act.
Lastly, the Notice requires ISPs, social media, and video-sharing platforms, and search engines to report to the FPB on:
Reports should be sent to clientsupport@fpb.org.za.
The notice was published on 22 March 2024, and responses are due by 30 May 2024.
[Note: This notice is problematic as the FPB is attempting to exercise powers it does not possess, imposing an unjustifiable restriction on the right to freedom of expression.]
[20 February 2024]
The Film and Publication Board (FPB) has updated its Tariff Regulations 2020, adjusting tariffs upward by the consumer price index (CPI) + 1%.
FPA Amendments to Tariff Regulations 16 February 2024
These amendments are said to take effect from 1 April 2023, but a more accurate interpretation suggests that they would only become effective from their date of publication in the Government Gazette, i.e., 16 February 2024.
The registration fee for internet service providers (ISPs) is set at R779.84, but no renewal fee is specified.
The FPB has also issued a notice detailing the registration and classification requirements for distributors and exhibitors under sections 18(1) and 24A of the Films and Publications Act.
FPA Schedules under s18 and 24A 16 February 2024
[15 October 2023]
Film and Publication Board Annual Report 2022/23
[21 August 2023]
The Board has released a series of draft regulatory documents for public review.
FPB Draft Industry Code on Prevention of Online Harm – August 2023
Draft Guidelines to Determine Whether Content is Harmful – August 2023
FPB Draft Guideline for Peer-to-Peer Video Sharing – August 2023
Draft Regulatory Instruments of the Film and Publication Board – 18 August 2023
(This notice consolidates the documents listed above.)
Submissions are due by 29 September 2023 and should be addressed to Mr. Andrew Sebapu. Submissions can be sent via email to clientsupport@fpb.org.za with the subject line “Draft Regulatory Instruments of the Film and Publication Board.”
[23 June 2023]
The Film and Publication Board has released a draft accreditation framework and a sample application form for public input.
Draft Accreditation Framework
Comments must be submitted by 4 August 2023 and addressed to Mr. Oupa Makhalemele at oupa.makhalemele@fpb.org.za with the subject line “Draft Accreditation Framework of the Film and Publication Board with Sample Application Form.”
[28 March 2023]
The Film and Publication Board has officially published the following regulatory instruments after considering public comments:
Notice of Publication
Enforcement Committee Rules
Complaints Handling Procedures
[6 January 2023]
In accordance with section 31(1)(a)(c) and (f) of the Films and Publications Act, the Film and Publication Board has issued the following draft regulatory instruments for public comment:
Feedback is due by 17 February 2023 and should be sent to Mr. Pandelis Gregoriou at clientsupport@fpb.org.za with the subject line “Draft Regulatory Instruments of the Film and Publication Board.”
[1 November 2022]
The Film and Publication Board has issued a legal notice under sections 24C and 27A of the Films and Publications Act, directing ISPs to comply with various provisions of the Act.
This notice requires ISPs to report on the measures they have implemented to address the spread of Child Sexual Abuse Material (CSAM) and other harmful online content on their platforms or services.
ISPs must comply with the requirements outlined in the notice by 27 January 2023.
Notice in terms of sections 24C and 27A of the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended
Press Release
[2 September 2022]
The Films and Publications Amendment Regulations, 2022, have been enacted following their publication in the Government Gazette.
Films and Publications Amendment Regulations, 2022
[6 July 2022]
The Council of the Film and Publication Board has released updated classification guidelines for films, publications, and interactive computer games.
Classification Guidelines for Films, Interactive Computer Games, and Certain Publications
These guidelines outline the various classifiable elements, such as nudity, language, and violence, and describe how these elements are to be evaluated.
[9 May 2022]
The Film and Publication Board provided an update to Parliament on 3 May 2022 regarding the implementation of the amended Films and Publications Act.
FPB 2022-2023 Annual Performance Plan Presentation
[1 March 2022]
The President of South Africa has announced that the Films and Publications Amendment Act 11 of 2019 will come into effect from 1 March 2022.
Proclamation Notice for the Films and Publications Amendment Act 11 of 2019
Films and Publications Amendment Act 11 of 2019
[6 November 2020]
After a three-year review process, the Film and Publication Board has finalized its revised tariff structure for interactions with distributors and other stakeholders.
Films & Publications Tariff Regulations 2020
The new tariffs for physical distribution and registration, as outlined in section 1 of the Regulations, will be effective from 1 February 2021.
The new tariffs for online distribution and registration, as outlined in section 2 of the Regulations, will be effective from 1 December 2020.
Most tariffs are determined based on the distributor’s size, though clarification on the third column is pending.
Physical Distributor and ISP registration fees
Online Distributor Annual Licence Fees (Films / Games)
Fees are applied in a tiered structure (e.g., 0-499 @ Rx, 500-999 @ Ry, etc.).
Online distributor annual license fees are capped at a maximum of ZAR2 million.
All tariffs will be adjusted annually based on the Consumer Price Index (CPI) plus 1%, effective from April 1 each year.
[30 October 2020]
The Minister has invited the public to submit nominations for potential candidates to the Council of the Film and Publication Board. Submissions are due by 14 November 2020 and should be sent to: nedappointmentfpb@dtps.gov.za, attention Ms. Precious Tsolo.
Invitation to Nominate
[30 August 2020]
The Minister has announced an extension for submissions on the Draft Film and Publications Regulations 2020. The new deadline is 12 October 2020.
Extension Notice
[15 August 2020]
The FPB is engaging with various stakeholders on the Draft Film and Publications Regulations 2020 based on the presentations below:
[3 July 2020]
Comments on the Draft Films and Publications Amendment Regulations 2020 are due by 17 August 2020 (previously 3 August 2020). Submissions should be sent to: clientsupport@fpb.org.za, attention Mr. Pandelis Gregoriou, with ‘draft Film and Publication Regulations’ in the subject line. For inquiries, call 012 003 1400.
[4 October 2019]
The President has signed the Films and Publications Amendment Act 11 of 2019 into law. It will take effect on a date to be announced in the Government Gazette.
Films and Publications Amendment Act 11 of 2019
[4 July 2019]
The Film and Publications Board (FPB) presented its Annual Performance Plan (APP) for the 2019/2020 government financial year to the Portfolio Committee for Communications on 3 July 2019.
NDP 2030 and FPB Targets 2019-20 (FPB APP Presentation 3 July 2019)
[7 April 2019]
The Council of the Film and Publications Board has released updated classification guidelines for films, publications, and interactive computer games.
Classification Guidelines for Films, Interactive Computer Games, and Publications
The guidelines outline the various classifiable elements – such as nudity, language, and violence – and how they should be applied.
Unfortunately, the Board has once again overstated its jurisdiction:
All legitimate content that qualifies as a film, game, publication, or online content under the Act falls under the FPB’s jurisdiction. This includes films shown in cinemas, DVDs, Blu-rays, videos on demand, mobile content (as long as it does not constitute broadcast content), and the internet.
[20 March 2019]
The Films and Publications Amendment Bill 2019 has completed its parliamentary process and has been forwarded to the President for signature.
[17 March 2019]
The Portfolio Committee has adopted its report on the Bill and published what is likely the final version.
Films and Publications Amendment Bill B37C-2015 (This document sets out the changes proposed by the NCOP.)
Films and Publications Amendment Bill B37D-2015 (This is the full version incorporating the latest amendments.)
Report of PC Communications on Film and Publications Amendment Bill, 7 March 2019
[27 February 2019]
The Bill is nearing finalisation, with the amendments proposed by the National Council of Provinces (NCOP) approved by the Portfolio Committee for Communications on 26 February 2019.
[30 October 2018]
The Select Committee on Communications and Public Enterprises met on 24 October 2018 to finalise the Bill, which they have now done. The Bill will be sent to the President for signature.
[20 October 2018]
The Select Committee for Communications and Publications has released a list of proposed amendments to the Film and Publications Amendment Bill as received from the Portfolio Committee for Communications.
Films and Publications Amendment Bill Select Committee Proposed Amendments
There are three proposed changes: two are technical, and the third removes the requirement for members of the new Enforcement Committee to have qualifications and extensive experience. The only remaining requirement is that the chairperson be a retired judge.
[4 September 2018]
The Film and Publications Board has published revised Classification Guidelines for public comment, as per the Film and Publications Act. Written comments are invited until 26 October 2018 and can be sent to Phuti.Moyaha@fpb.org.za, with ‘draft Classification Guidelines’ in the subject line. For inquiries, contact 012 003 1400.
Notice
Revised Guidelines
[6 August 2018]
The National Council of Provinces has scheduled meetings on the Bill. A formal briefing from the Department of Communications will take place on 15 August 2018, followed by the consideration of written submissions on 22 August. Based on the written submissions, the Select Committee may request oral presentations, which will be heard on 5 September 2018.
The Committee Secretary has indicated that further written submissions on the B version of the Bill can be made until 22 August 2018.
[19 April 2018]
Film and Publication Board Presentation: 2018/2019 Annual Performance Plan
[2 March 2018]
Report of the Portfolio Committee on Communications following public hearings on the Films and Publications Amendment Bill B37 – 2015 held on 20 February 2018.
[28 February 2018]
The Bill was confirmed to have lapsed under Rule 333 of the Joint Rules of Parliament, which provides for the lapsing of Bills at the end of the annual session or term of the National Assembly or when the Assembly is dissolved.
The Bill was revived through a motion passed on 27 February 2018 and will now proceed to the National Assembly for debate on 6 May.
[21 February 2018]
It appears that the Film and Publications Amendment Bill 2017 has “lapsed.”
[16 February 2018]
The FPB has released a discussion document on the review of classification guidelines, which are reviewed every five years. Stakeholders, including the public, are invited to submit written input by emailing ClassificationGuidelines@fpb.org.za by 27 March 2018. Public consultations will be held nationwide from 19 February to 13 March 2018.
Discussion Document on the Review of Classification Guidelines
[14 February 2018]
The Portfolio Committee is scheduled to discuss the adoption of the report on the public hearings for the Bill on 20 February 2018. It is expected that the Bill will then proceed to the National Assembly for debate.
[26 November 2017]
The Portfolio Committee adopted the Bill in the form linked below on 14 November 2017. The Bill will now move to the National Assembly.
List of Amendments to the Film and Publications Amendment Bill [B37A-2015]
Films and Publications Amendment Bill as adopted by Portfolio Committee for Communications [B37B-2015]
[10 November 2017]
The deadline for comments on the Film and Publications Board’s Draft Tariffs Review has been extended to 16h00 on 22 December 2017.
[22 October 2017]
Currently, additional discussions on the Films and Publications Amendment are set for 24 October and 14 November, with the Minister expected to brief the Committee on the status of the Films and Publications Board on 28 November 2017.
[2 October 2017]
The FPB has released new draft tariffs related to its various registration and classification services.
Film and Publications Board Draft Tariffs Review
Submissions are due by 10 November 2017 and should be sent to tariffs.submissions@fpb.org.za, addressed to Tshepo Mogale.
[28 September 2017]
The Portfolio Committee is scheduled to convene on 10 October 2017 for further deliberations on the Bill.
[10 June 2017]
The “Report of the Portfolio Committee on Communications on its deliberations on Budget Vote 3: Communications, and its Entities, Dated 16 May 2017” indicates that while the Committee acknowledges the delay in finalizing the Bill, its priority is to ensure that the Bill is constitutionally sound and serves its intended purpose.
The Committee has requested, via an Interim report on the Bill, permission from the National Assembly to amend additional provisions of the Films and Publications Act that were not initially covered under the Films and Publications Amendment Bill.
Interim report PCC on the Films and Publications Amendment Bill B 37 – 2015, 23 May 2017
“During the inquiry into the Bill and through public hearings and discussions, the Committee identified the need to amend additional provisions of the principal Act beyond the scope of the Bill. As per NA Rule 286(4)(c), when a Committee intends to amend other provisions of a principal Act not covered by the Bill, it must seek the Assembly’s approval.
In accordance with NA Rule 286(4)(c), the Committee is now seeking the National Assembly’s permission to explore and amend additional provisions of the principal Act.”
The Committee specifically highlighted section 4A, which outlines the duties of the Council of the Film and Publications Board, and the definitions section.
[16 May 2017]
Deliberations on the Film and Publications Amendment Bill continued today in Parliament with a brief clause-by-clause review. Below is a link to the Department of Communications’ presentation.
DoC Presentation FP Amendment Bill 16 May 2017
[16 May 2017]
The Film and Publications Board presented its annual performance plan for 1 April 2017 to 31 March 2018 to the Portfolio Committee on 3 May 2017.
FPB Strategy and Annual Performance Plan Presentation 3 May 2017
[25 April 2017]
The Portfolio Committee on Communications has released its draft program for the Parliamentary term running from 2 May 2017 to 30 June 2017. The following meetings are relevant to the Films and Publications Amendment Bill 2015:
[10 March 2017]
Below are links to documents presented by the Department of Communications and the Film and Publications Board during their appearance before the Portfolio Committee on 7 March 2017.
Department of Communications Presentation
Annexure A – Review of Tariffs for Content Distribution in South Africa Close-Out Presentation
Annexure B – Final Impact Assessment: Film and Publications Amendment Bill, 2015
Annexure C – Clause-by-Clause Narrative Report
[26 January 2017]
Based on the current schedule for Parliamentary Portfolio Committee meetings, the Portfolio Committee on Communications is expected to continue discussions on the Films and Publications Amendment Bill on 28 February 2017.
Please note that the schedule is subject to change.
No decision has been made yet on whether to continue with the Bill or refer it back to the Department of Communications for revisions. The introduction of the Cybercrimes and Cybersecurity Bill into the Parliamentary process adds weight to the argument for a referral, as the latter Bill includes provisions that overlap with the Films and Publications Bill, such as “revenge pornography” and cyberbullying, and removes the jurisdiction of the Film and Publications Board regarding child sexual abuse material.
[3 November 2016]
We have been informed that a final decision on the Films and Publications Amendment Bill 2015 will be made at a Portfolio Committee meeting scheduled for 2 December 2016. There is a strong possibility that the Bill may be referred back to the Department of Communications.
[29 October 2016]
The Films and Publications Board has commenced a review of the tariffs and classifications applicable to online content distributors and Internet service providers. The tender for this review has been awarded to “Enterprises at University of Pretoria” with a contract value of R 1 637 179,08.
The Board is expected to engage with stakeholders in early 2017 before finalizing the review.
[18 October 2016]
Following the completion of public hearings, the Films and Publications Board and the Department of Communications have released a revised version of the Bill for further comments from interested parties.
Films and Publications Amendment Bill 10 October 2016
The Bill is set for further discussion by the Portfolio Committee on 25 October 2016. At this point, the Bill faces several challenges…
A note from a Senior State Law Advisor is critical in its evaluation:
Conclusion
The Films and Publications Act, enacted in 1996, was developed when the constitutional process was not yet finalized. Since its enactment, it has undergone four amendments, many of which addressed constitutional judgments deeming parts of the Act unconstitutional.
The absence of a socio-impact assessment (RIA) is a significant concern, especially in light of court judgments and public opinions expressed during hearings.
There is uncertainty about whether the Bill will effectively address these issues. A thorough impact assessment would have greatly assisted all stakeholders in determining the best way forward.
Additional discussion points on the Films and Publications Amendment Bill
[15 October 2016]
The Films and Publications Board presented its Annual Report for the 2015/16 financial year to the Portfolio Committee on Communications on 12 October 2016.
Films and Publications Board Annual Report 2015/16
Presentation of Films and Publications Board Annual Report 2015/16
[26 September 2016]
The Portfolio Committee for Communications met on 20 and 21 September to review the submissions made on the Films and Publications Amendment Bill 2015. Below are links to two presentations made by the Department of Communications in response to these submissions:
DOC Responses to Submissions 20 September 2016
FPA Bill: Critical Inputs from Hearings
The Committee will reconvene on 13 October 2016. An amended version of the Bill is expected by 25 October 2016.
[31 August 2016]
Below are links to presentations made to the Portfolio Committee during the public hearings on the Films and Publications Amendment Bill 2015:
[29 August 2016]
The hearings have been reduced to two days: final schedule below.
Programme_FPB_Public Hearings 30 August 2016
Programme_FPB_Public Hearings 31 August 2016
[24 August 2016]
Hearings on the Films and Publications Amendment Bill [B37-2015] will take place from 30 August 2016 to 2 September 2016 in the Old Assembly Chamber in the Parliamentary Precinct.
The schedule for the three days as provided by the Portfolio Committee:
[21 August 2016]
We note from a recently released schedule of Parliamentary committee meetings that public consultations regarding this Bill are set for 30 August to 1 September 2016 in the Old Assembly Chamber within the Parliamentary Precinct.
The Committee has allocated an additional three days, from 20 September to 22 September 2016, for its discussions on the Bill.
[8 May 2016]
This is the final version of the document, which will take effect on a date to be announced by the Minister of Communications in the Government Gazette.
FPB Online Regulation Policy 2016
Ellipses Summary:
Overview of the Films and Publications Board Online Regulation Policy 2016
[19 April 2016]
Ellipses have endeavored to create an accessible summary of the Bill…
Overview of the Films and Publications Amendment Bill 2015
Films and Publications Amendment Bill 2015 [B37-2015]
[19 April 2016]
In response to numerous requests citing the insufficient consultation period, the Portfolio Committee has extended the deadline for submissions on the Films and Publications Amendment Bill 2015 to 12h00 on 26 May 2016. Public hearings will be scheduled after the local government elections on 3 August 2016.
[19 April 2016]
The Films and Publications Board presented its strategic plan for the period 2016–2020 to the Portfolio Committee on Communications on 16 April 2016.
FPB Strategy 2016 Presentation DoC Strategy Session March 2016
The Board outlined its priorities for this period, including:
The Board also defined its Strategic Outcomes (SOs) for this period:
The Board is also considering additional strategic outcomes, such as:
The Board expressed its concerns about the impact of digital migration on its operations, its capacity to fulfill its mandate, revenue generation, funding, and its preparedness for regulating online content.
The following are expenditure trends for SO2 and SO4 from 1 April 2012 to 31 March 2019:
*Audited figure
** Revised estimate
*** Estimate
[7 April 2016]
An advert calling for submissions on the Bill has been published: the deadline for written submissions is 12h00 on 29 April 2016.
[4 April 2016]
Public hearings for the Film and Publications Amendment Bill 2015 are set for May 24-25, from 9:30 AM to 6:00 PM. The Bill is currently under review, and a revised version will be released for public input.
[21 March 2016]
National Treasury has published the Expected National Expenditure (ENE) for all government departments, including the Department of Communications, which oversees the Films and Publications Board (FPB).
Key points from the ENE regarding the FPB (pages 28-31):
Over the medium term, the FPB will focus on public education to empower adults and protect children from harmful content; implement compliance, monitoring, and evaluation; develop advanced technology for online content regulation; classify content for films, games, and adult publications; and conduct research on content impact.
This will involve outreach and public campaigns encouraging adults to promote responsible viewing, gaming, and reading habits. Workshops for parents and industry stakeholders will focus on child safety online.
R31.8 million over the medium term is allocated to public awareness and education initiatives, aiming to reach 10 million South Africans.
The FPB will also address the illegal use of children in pornography, focusing on combating distribution via physical and online platforms.
R22.2 million is allocated over the medium term to develop and implement a content regulation framework to ensure 100% classification and labeling of content across online, mobile, and related platforms, with completion targeted for 2017/18.
R22.9 million is allocated over the medium term for additional workshops, meetings, and consultant engagement. Approximately 60% of this funding will be spent on travel costs for campaigns and outreach in various regions.
“In response to economic pressures, the board introduced a licensing fee for online content distribution in 2015/16. Further research is being conducted to ensure this fee structure supports the board’s financial sustainability.”
Transfers from the Department of Communications are projected to grow at an average annual rate of 5.6%, from R86.5 million in 2016/17 to R97 million in 2018/19.
[16 March 2016]
On 14 March 2016, the Film and Publications Board (FPB) and the Independent Communications Authority of South Africa (ICASA) signed a memorandum of understanding (MoU) to address joint regulatory responsibilities in a cohesive and cooperative manner.
According to an ICASA media release, the MoU aims to establish a formal partnership between ICASA and the FPB, creating a framework to address:
The concept of an MoU between the two entities was first discussed in Parliament on 18 August 2015, where ICASA noted that a collaborative framework for content regulation had been agreed upon.
MoU
[3 February 2016]
The Department of Communications is scheduled to brief the Portfolio Committee on Communications on the Films and Publications Board Amendment Bill from 9:30 AM to 12:30 PM on 23 February 2016.
FPB Presentation to the Portfolio Committee on the Film and Publications Amendment Bill 2015
[1 February 2016]
An opinion piece by the Minister of Communications on online content regulation, published on Daily Maverick, is recommended for reading.
Regulating offensive comments online, addressing racism
[30 November 2015]
As formally introduced into Parliament:
Films and Publications Amendment Bill 2015 [B37-2015]
[24 November 2015]
A copy of the Films and Publications Amendment Bill 2015 has been received. Note that this is not the gazetted version.
Films and Publications Amendment Bill 2015
[6 November 2015]
The Minister of Communications has published a Gazette Notice detailing new Films and Publications tariffs, effective from 9 November 2015.
Film and Publications Board Tariffs November 2015
Of note, the licensing fee for “online distribution” has increased from R750,000 per annum to R795,000 per annum. Unlike the previous fee, the new one is not subject to the discretion of the FPB executive committee.
[5 November 2015]
The CEO of the Film and Publications Board, responding to a query during a presentation to the Portfolio Committee for Communications on 20 October 2015, indicated that the FPB is still reviewing responses to its draft online content regulation policy. The presentation addressed the Board’s performance during the 2014/2015 government year, as reported in its Annual Report.
The Board expects to finalize this process by 31 March 2016.
In the same meeting, the Board reported 169 cases of suspected child sexual abuse materials identified by its classifiers.
Film & Publications Board Annual Report 2014/15
[29 October 2015]
A brief Gazette Notice has clarified that the title of the Bill to be introduced is the Films and Publications Amendment Bill 2015 rather than the Films and Publications Amendment Bill 2014 (link updated below).
[23 October 2015]
The Department of Communications has announced its intention to introduce a Films and Publications Amendment Bill into Parliament during November 2015.
Notice of Introduction of Films and Publications Amendment Bill 2015
The notice states that the Bill aims to:
[14 August 2015]
The South African Cabinet has given the go-ahead for the introduction of the Films and Publications Amendment Bill into Parliament. While the FPB’s draft online content regulation policy may have been seen as a preliminary step, the introduction of this Bill signifies the official beginning of the content regulation discussion in South Africa.
Cabinet Statement Following Yesterday’s Meeting
4. Bills
4.1. Cabinet has approved the submission of the Films and Publications Amendment Bill, 2015 to Parliament. The Bill seeks to amend the Films and Publications Act, 1996 (Act 65 of 1996). These amendments address technological developments, particularly concerning online and social media platforms, to protect children from exposure to harmful and inappropriate media content across all platforms, both physical and digital.
The Bill also enhances the responsibilities of mobile networks and Internet service providers to safeguard the public, especially children, when using their services. The Independent Communications Authority of South Africa (ICASA) will not issue or renew licenses without confirmation from the Film and Publication Board that there is full compliance with the applicable legislation.
[27 July 2015]
The deadline for submissions on the Film and Publication Board’s draft online content regulation policy closed on 15 July 2015. We will endeavor to publish as many of the submissions as we are able to locate…
Organizations that have submitted include:
[21 April 2015 – Updated Venues]
The Film and Publication Board (FPB) has announced the dates for its national public consultations on the Draft Online Regulation Policy. The public is encouraged to participate and share their views.
Public consultations will be held as follows:
[16 March 2015]
Budget details for the FPB can be found in the Expected National Expenditure for the Department of Communications for the 2015/2016 fiscal year (refer to page 28 of the document and beyond).
Of particular interest is the anticipated increase in expenditure on Strategic Outcome 4 – Online and Mobile Content Regulation, from 3.2% to 8.6% of total expenditure for the period 1 April 2015 to 31 March 2017. Spending on this item rose from ZAR 926,000 in 2012/3 to ZAR 7,906,000 in 2013/4 and is expected to peak at ZAR 8,210,000 during 2016/7.
The following points are highlighted in the associated text:
The FPB aims to develop and implement a content regulation framework over the medium term to ensure 100% classification and labeling of content distributed on online, mobile, and related platforms by 2017.
Spending priorities over the medium term will focus on:
The FPB has reallocated funds from its current budget to support these initiatives.
[4 March 2015]
The Film and Publications Board (FPB) has initiated a public consultation process regarding its Draft Online Content Regulation Policy.
Documents Available:
The FPB has also shared research conducted by Deloittes on informal trading and online regulation, as well as results from the FPB’s public survey on online regulation and classification:
Anyone wishing to submit comments or representations should do so by 16:00 on 8 July 2015. Submissions can be sent to policy.submissions@fpb.org.za or delivered to the FPB head office at ECO Glade 2, 420 Witch Hazel Street, ECO Park, Centurion, 0169, addressed to Ms. Tholoana Ncheke.
Proposed amendments to the Films and Publications Act have been forwarded to the State Law Advisers for review. The FPB expects a response by March 2015 and hopes to finalize amendments to the Act within the year.
However, we believe it will be fortunate if these are completed before Q1 2017.
Additionally, the FPB has issued a Request for Tender (RFT07/2014) for a service provider to offer Public Relations, Media Relations, Marketing, and Communication support to the Film and Publication Board (FPB) to assist with public consultations and media engagements for the adoption of the draft Online Content Regulation Policy.
Deadline for response: 11:00, on Friday, 27 March 2015.
Terms of Reference for PR Agencies: Online Regulation Policy
[2 March 2015]
[13 September 2014]
The FPB has informed Parliament that amendments to the Film and Publications Act of 1996 will be introduced to improve the classification of online content. In a presentation to the Portfolio Committee for Communications, the FPB noted that “a legislative amendment process is underway to enhance regulation of online content distribution.”
Presentation to PC Communications, 9 September 2014
The Strategic Outcomes (SOs) for the FPB up to 2017/18 are:
Current challenges include:
Under SO1, the FPB reported conducting 579 online inspections, 88 ISP inspections, and 65 social network inspections between October and December 2013, and noted improvements in its monitoring capabilities.
Under SO4, during the same period:
Revenue analysis for this period indicated:
[7 April 2014]
The Film and Publications Board (FPB) has released updated regulations concerning fees and tariffs for its activities.
FPB Tariff Regulations, April 2014
The registration fee for Internet Service Providers (ISPs) has increased to R529. Additionally, a “licensing fee” of up to R750,000 may be imposed at the discretion of the executive committee for “online distribution.” The term “online distribution” is not defined in the Film and Publications Act, creating ambiguity regarding its coverage (though the broad definition of “distribute” suggests it encompasses a wide range of activities).
ISP Registration with the FPB
All ISPs are required to register with the FPB, and the latest regulations specify that applications must include (a) proof of payment of the registration fee (currently R529), (b) a valid tax clearance certificate, and (c) the South African registration number of the business.
Film and Publications Regulations 2014
ISPs must also indicate in their application what measures are in place to prevent children from being exposed to child pornography and pornography, with the FPB having the right to request evidence of the effectiveness of these measures.
The regulations clearly state that “No person may host any website or provide access to the internet as an internet service provider unless registered with the Board in accordance with section 27A of the Act.”
[30 October 2013]
The Portfolio Committee on Home Affairs has recommended enhanced collaboration with ICASA regarding online content classification, as outlined in its Budgetary Review and Recommendations Report dated 22 October 2013.
10. RECOMMENDATIONS
Among the issues highlighted by the committee during the review year, the following were noted for prioritization by the Minister of Home Affairs in future planning and budget allocations:
10.1. ……
10.13. Improved collaboration between the FPB and the Independent Communications Authority of South Africa (ICASA) is essential to ensure compliance with the Film and Publications Act for content that is broadcast and privately posted online.
It appears unlikely that either organization, whether operating independently or under a memorandum of understanding, is adequately prepared to handle online content classification—especially concerning “privately posted” content. This matter is under review by the ICT Policy Review Panel, with content regulation topics expected to be addressed in the forthcoming Green Paper on ICT Policy, anticipated for release in late 2013.
[13 April 2013]
The Film & Publications Board (FPB) presented its annual performance plan, strategic plan for 2013/14 – 2017/18, and budget for 2013/14 to the Portfolio Committee on Home Affairs on 29 March 2013.
Of interest is strategic objective 4:
This intention to regulate online content must be weighed against the following remark from the FPB CEO during the presentation: “The Board acknowledged that it was unfortunately unfeasible to regulate internet content, noting the significant distribution of pornography online. The industry is very litigious, with substantial amounts spent on legal fees.”
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