FPB REGULATORY & COMPLIANCE ENVIROMENT

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Founding legislation

• Statutory body established in terms of the Films and Publications Act, No 65 of 1996.

• Mandate derived from the above Act.

• The statutory mandate is to regulate the creation, production, possession and distribution of films, games and certain publications to-

(a) Provide consumer advice to enable adults to make informed viewing, reading and gaming choices, both for themselves and for children in their care;

(b) Protect child from to disturbing and harmful material and from premature exposure to adult experiences; and

(c) Make the use of children in and the exposure of children to pornography punishable.

There are other relevant and applicable legislations that the FPB must comply with in order to fulfill its mandate.

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Other Mandate related legislation

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RELEVANT ACT KEY COMPLIANCE REQUIREMENTS

HOW FPB HAS ADDRESSED THESE

The Criminal Procedure Act, Sexual Offences Act, Act 32 of 2007,

Ensure alignment with FPB process when handling child pornography and the manner in which compliance monitors should handle distribution of illegal content by distributors.

FPB has put in place an SOP on how to handle child pornography. FPB has also concluded an MOU with SAPS(Child protection unit) to ensure joint cooperation with SAPS in combating child pornography.In compliance monitoring, FPB regulations to the Act and compliance monitoring SOP makes it a requirement for SAPS to obtain a search warrant on behalf of FPB compliance monitors before a compliance monitor can enter any business premises to search unclassified and illegal content.

Other related legislation

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RELEVANT ACT KEY COMPLIANCE REQUIREMENTS

HOW FPB HAS ADDRESSED THESE

Constitution of the Republic of South Africa

FPB to promote the spirit and purpose of the constitution in the interpretation and application of its legislation.

The FPB has gazetted classification guidelines, which strikes a balance between the right to freedom of expression, limitation clause and the rights of children not be subjected to disturbing and harmful content.

Labour Relations Act, Act 66 of 1995,

FPB to put in place a work place disciplinary code to ensure a legal frame work within which all labour related matters are dealt with.

FPB has a disciplinary code in place.FPB promotes and protect the right of freedom of association and to join a trade union. Trade Union called MWASA represent majority of the staff and the FPB has a standing collective agreement with the Union.

Cont...

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RELEVANT ACT KEY COMPLIANCE REQUIREMENTS

HOW FPB HAS ADDRESSED THESE

Basic Conditions of Employment Act, of 1997

Contract of employment and related benefits are defined and negotiated within this frame work.

All staff contracts and benefits are aligned to the BCA.

The Employment Equity Act, 55 of 1998,

FPB to have a policy on preferential procurement, employment equity, affirmative action and policy against sexual harassment.

FPB has all these policies in place

The Public Finance Management Act, Act 1 of 1999, as amended and Treasury regulations; and the Public Audit Act of South Africa (PAA), 2004

FPB to have an annual strategic plan outlining all the predetermined objectives and associated costs to curb wasteful and fruitless expenditure. FPB is also required to have a delegation of authority policy and the approval frame work.

At the beginning of each final year the FPB submits its annual plan to DHA for approval.Delegation of authority policy has been approved by Council.

Cont...

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RELEVANT ACT KEY COMPLIANCE REQUIREMENTS

HOW FPB HAS ADDRESSED THESE

Public Audit Act of South Africa (PAA), 2004

FPB to have its business, finances audited and to produced annual report and financial statements.

Annually the FPB publishes its financial statement and annual report which include its report on predetermined objectives and compliance with the Public Finance Management Act, Act 1 of 1999 as amended.

Promotion of Access to information Act, of 2000.

FPB is required to have on its website a manual in terms of this Act on how members of the public can access information on held by the FPB.

A manual is available on FPB website and also in the SAHR website.

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RELEVANT ACT KEY COMPLIANCE REQUIREMENTS

HOW FPB HAS ADDRESSED THESE

Inter governmental Frame work Act, 13 of 2005,

In all dealings with other state entities, FPB is required to comply with this Act, whose objective is to ensure that ensures that co-operation and the integration of actions in government depends on a stable and effective system of governance for regulating the conduct of relations and the settlement of disputes between the national government, provincial governments and local governments

FPB has MOUs with various state department on matters of mutual interest and co regulation

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