Control of publications, films and public entertainment was regulated by the Publications Act, 1974 (Act No 42 of 1974). The Act came into operation on 1 April 1975 and replaced and repealed the Publications Entertainment Act, 1963. The Act provided for the control of certain publications and objects, films and public entertainments.
The Act sat up three bodies for the carrying out of its objects: The Directorate of Publications, Committees of Publications and the Publications Appeal Board.
The Directorate of Publications was appointed by the Minister of the Interior (later Home Affairs). It was basically an administrative body and did not itself decided upon the undesirability of publications, objects, films and public entertainments. Its task was to refer such matters to committees for consideration. The Directorate was empowered to grant exemptions from the Act and had the right to appeal to the Publications Appeal Board if dissatisfied with a decision of a committee.
The persons appointed by the Minister of the Interior as committee members had to persons who in the opinion of the Minister were by reason of their educational qualifications and knowledge fit to perform the functions entrusted to committees under the Act. In the case of a publication or object, the appointed committee examined it without hearing any evidence and decided whether it is undesirable within the framework of the Act. In the case of films the committee had to examine them and either approve or reject them. In the case of public entertainments the appointed committee made such enquiries as it deems necessary and thereupon approved (conditionally if necessary) or rejected them. Committees in all cases had to furnish reasons for their decisions to the Director of Publications who in turn was obliged to inform interested parties, on request, of such reasons.
In case of an appeal against a decision of a committee, its reasons had to be made available to the Publications Appeal Board. As soon as a decision of undesirability of a publication or object was published in the Government Gazette, it could no longer be imported or distributed. In some cases the possession of publications or objects could also be prohibited by a committee, but such decisions had to confirmed by the Publications Appeal Board.
In the case of publications and objects any person may on application to the Director obtain a decision of a committee as to their undesirability or otherwise. All films which were intended to be exhibited in public first had to be approved by a committee appointed by the Directorate. The Directorate was not obliged to refer public entertainments to committees unless directed to do so by the Minister of the Interior It would usually also do so if complaints about it were received from the public.
Decisions of a committee, the Directorate or the Appeal Board were not subject to appeal to a court of law.
The Act applied to publications, objects, films and public entertainments, but excluded from its operation newspapers published by a publisher who was a member of the Newspaper Press Union of South Africa, and films imported or made by the SABC or any Government department.
Section 47(2) of the Act provided that any publication, object, film, public entertainment or intended public entertainment shall be deemed undesirable if it or any part of it (a) is indecent or obscene or is offensive or harmful to public morals; (b) is blasphemous or is offensive to the religious convictions or feelings of any section of the inhabitants of the Republic; (c) brings any section of the inhabitants of the Republic into ridicule or contempt; (d) is harmful to the relations between any sections of the inhabitants of the Republic; (e) is prejudicial to the safety of the State, the general welfare or peace and good order; (f) discloses with reference to any judicial proceedings any of the above.
The Film and Publication Board was established in 1996 under the Films and Publications Act, 1996 (Act 65 of 1996).
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