Public Complaints

Who can complain to the FPB?

Any member of the public may complain to the Board. The FPB is a public service institution. Its decisions regarding age restrictions are legally enforceable. Consumer information is advisory. It is provided so that the viewer can make informed choices of what he/she wants to view or read

What can you complain about?

1. In the case of films, videos, DVDs and computer games
a. Decisions on classification and age restrictions are legally enforceable. You can complain about, for example:

• non-compliance with respect to a classification or age restriction on the part of a distributor and/or exhibitor. For example, a cinema allowing a 10-year old child to watch a film with a 16 age restriction. Or a video distributor handing a video with an age restriction of 18 to a person under the age of 18. Or a retailer selling a computer games with a 16 age restriction to someone much younger.
• failure on the part of a distributor and/or exhibitor to display, clearly and conspicuously, the classification and age restriction imposed on a film, video or computer game in terms of a decision of the Board
• the distribution and/or exhibition of a film classified X18 by a person without a licence to conduct the business of adult premises ("pornographic’ or ‘adult only" films/videos may only be distributed from licensed " adult/sex shops")
• an inappropriate classification or age restriction given by the FPB to a particular film, video, DVD or computer game

b. Consumer information is advisory and is intended to enable you to make choices about what films, for example, to see or to allow your children to see. You can complain about :

• inadequate and/or misleading consumer information
• the failure on the part of a distributor and/or exhibitor to display consumer information with respect to a film or video in terms of a decision of the Board 

2. In the case of publications, the position is a little different. According to the new Films and Publications Act (note), books, magazines etc no not have to be sent to the FPB for classification before they go onto the market. Publishers may do so voluntarily but rarely do. In the main, the FPB only classifies a publication is when it receives a complaint from the public. Thus the FPB is reliant on you to lodge a complaint if you think a publication on a retailer’s shelf is contravening sections of the Films and Publications Act. These are :

• Schedule 1 which states that no publication can be distributed in South Africa if it contains child pornography, bestiality, and explicit violent sexual conduct that degrades a person, and/or incites to cause harm
• Schedule 2 which states that any publication containing depictions of explicit sexual acts with visuals of genitals should exclusively be available in adult/sex shops for adults only
• Schedule 10 which states that a publication which advocates hatred that is based on religion cannot be distributed in South Africa. Exemptions are made for bona fide scientific, documentary, dramatic, literary or religious publications

Note that in the case of complaints about publications, the publisher has the right to present his/her case, either in writing or orally to the FPB classification committee considering the complaint

How does one lodge a complaint with the FPB?

There are no special forms for the lodging of complaints about a film, video, DVD or computer game. All it takes is a letter, either mailed, faxed or e-mailed to the Chief Executive Officer of the Board. It is important, if you want the FPB to follow up any complaint, to give as much information as possible. The following information is especially required :

• the title of the film or video or DVD or computer game
• the name of the cinema or theatre where the film was seen; or the name of the video outlet or retailer where the video, DVD or computer game was rented/bought
• the date and time of the exhibition , in the case of a cinema or theatre, or the date of the rental or purchase of the video, DVD or computer game
• a brief summary of the complaint

In the case of a complaint about a publication, a special form (Form FPB 1/C) is available. An original copy of the publication must be submitted with the complaint. If it is not practical to submit an original copy, the full address of the place where the publication may be examined by the FPB should be specified

FAQ

Frequently asked questions

What type of complaints can the FPB not deal with?

Programmes on the TV channels and radio programmes – this is the responsibility of the BCCSA (Broadcasting Complaints Commission of South Africa). Their contact details are :

BCCSA PO Box 412365
Craighall 2024
Tel : 011 – 7812955
Fax : 011 – 7870280
E-mail : bccsa@nabsa.co.za

Complaints about advertising – these are dealt with by the ASA (Advertising Standards Authority of South Africa). Their contact details are :

ASA PO Box 41555 Craighall 2024
Tel : 011 – 7812006
Fax : 011 – 7811616
E-mail : asasa01@iafrica.com

Complaints about articles in the press and other publications – these are dealt with by the Press Ombudsman. The contact details are :

Press Ombudsman of South Africa
P O Box 47221
Parklands 2121
Tel : 011 – 7884837/29
Fax : 011 – 7884990
E-mail : mailto:ombudsman@ceg.co.za

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