TELEVISION PROGRAMMES (CLASSIFICATION CERTIFICATES) REGULATIONS

TELEVISION PROGRAMMES (CLASSIFICATION CERTIFICATES)

SUBSIDIARY LEGISLATION 350.01

TELEVISION PROGRAMMES (CLASSIFICATION

CERTIFICATES) REGULATIONS

8th April, 1994

LEGAL NOTICE 44 of 1994, as amended by Legal Notice 426 of 2012.

The title of these regulations is the Television Programmes

(Classification Certificates) Regulations.

In these regulations

"the Authority" means the Broadcasting Authority established by

article 118 of the Constitution;

"broadcaster" means any person providing television

broadcasting services as provided for in the Broadcasting Act, and

also includes any person, body or authority providing such services

under licence from or under arrangements with, the Government;

"television broadcasting service" means all the items within a

single television service provided by a given broadcaster;

"work" means a cinematographic work or a work created by a

process analogous to cinematography and also includes any film

made for television and any creative audiovisual work.

No work shall be broadcast as part of a television

broadcasting service unless it has been granted a classification

certificate in writing under these regulations and unless the

broadcaster complies with the conditions of such certificate.

(1) Every broadcaster shall appoint a person or persons to

be responsible for the issue of classification certificates under these

regulations in respect of works broadcast as part of the television

broadcasting service provided by the said broadcaster.

(2) The broadcaster shall inform the Authority of the name,

surname, age, place of residence and a legally valid identification

document number of any person appointed in terms of the previous

subregulation immediately upon appointment.

(3) The broadcaster shall keep all classification certificates

issued in respect of his television broadcasting service in terms of

these regulations for a period of ninety days after any work is last

broadcast and he shall hand over all or any of the said certificates

to the Authority immediately upon demand.

(4) The Authority shall have the right to disqualify any person

appointed in terms of subregulation (1) from being entitled to issue

classification certificates if, after giving opportunity to the

broadcaster, to the person appointed and to any other person as it

deems fit to make submissions to it on the matter, it is satisfied that

the said appointment was not made in good faith or that the person

appointed is manifestly unable to perform the duties of his office or

that he is guilty of serious misconduct in the performance of his

duties.

TELEVISION PROGRAMMES (CLASSIFICATION CERTIFICATES)

(5) No action for damages shall lie against the Authority for or

by reason of any decision taken by it to disqualify any person from

being entitled to issue classification certificates.

(1) A classification

certificate

issued

under

these

regulations shall contain

(a) a statement that the work concerned is suitable for

general viewing at any time (with or without advice as

to the desirability of parental guidance with regard to

the viewing of the work by young children or as to the

particular suitability of the work for viewing by

children); or

(b) a statement that the work concerned is suitable for

viewing only after a time stated in the certificate.

(2) Responsibility to issue a classification certificate shall

include the power to refuse to issue such certificate when the

person responsible for the issue of the said certificate deems that a

work is not suitable for television broadcasting.

Any person appointed in terms of regulation 4 shall

exercise his functions having regard to public morality, decency or

propriety, to the protection of the interests of minors, to the quality

of the audience likely to view the broadcast also taking into

account of the means of transmission, and to the provisions of the

Broadcasting Act and anything done thereunder.

Nothing in these regulations shall be construed as relieving

the broadcaster from any obligation, responsibility or liability

imposed upon him by or under any law.