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Publications Act, 1974
Act 42 of 1974
- Published in South African Government Gazette 4426 on 9 October 1974
- Assented to on 1 October 1974
- There are multiple commencements
- [This is the version of this document from 15 February 2023 and includes any amendments published up to 11 April 2025.]
Provisions | Status |
---|---|
Section 1; Chapter I (section 2–7); Chapter II, section 8–14, section 16–18; Chapter III, section 19–21, section 22–24, section 26–27, section 29; Chapter IV, section 30–32, section 34; Chapter V, section 35, section 36–37, section 38, section 39; Chapter VI, section 40–42, section 43–44, section 45–53 | commenced on 1 April 1975 by Proclamation R74 of 1975. |
Chapter II, section 15; Chapter IV, section 33 | commenced on 1 September 1975 by Proclamation R187 of 1975. |
Chapter III, section 25, section 28 | commenced on 1 October 1975 by Proclamation 229 of 1975. |
Chapter V, section 37A; Chapter VI, section 42A–42B | commenced on 15 June 1977 by Act 79 of 1977. |
Chapter V, section 35B, section 38A | commenced on 1 July 1978 by Act 109 of 1978. |
Chapter V, section 35A | commenced on 2 October 1978 by Act 109 of 1978. |
Chapter III, section 21A, section 29A; Chapter VI, section 44A | commenced on 1 January 1987 by Act 60 of 1986. |
- [Amended by Publications Amendment Act, 1977 (Act 79 of 1977) on 15 June 1977]
- [Amended by Publications Amendment Act, 1978 (Act 109 of 1978) on 1 July 1978]
- [Amended by Publications Proclamation, 1978 (Proclamation AG43 of 1978) on 3 July 1978]
- [Amended by Publications Amendment Act, 1978 (Act 109 of 1978) on 2 October 1978]
- [Amended by Publications Amendment Act, 1979 (Act 44 of 1979) on 9 May 1979]
- [Amended by Divorce Act, 1979 (Act 70 of 1979) on 1 July 1979]
- [Amended by Registration of Newspapers Amendment Act, 1982 (Act 98 of 1982) on 1 May 1983]
- [Amended by Publications Amendment Act, 1986 (Act 60 of 1986) on 1 January 1987]
- [Amended by First Law Amendment (Abolition of Discriminatory or Restrictive Laws for purposes of Free and Fair Election) Proclamation, 1989 (Proclamation AG14 of 1989) on 8 June 1989]
- [Amended by Customs and Excise Act, 1998 (Act 20 of 1998) on 1 August 1998]
- [Amended by Repeal of Obsolete Laws Act, 2022 (Act 12 of 2022) on 15 February 2023]
Certain powers under the Act were transferred to the Administrator-General by the Publications Proclamation, AG 43 of 1978 (OG 3776). However, this Proclamation did not seem to function as a transfer proclamation. Under section 2 of AG 43 of 1978, the Administrator-General was given the power to amend, set aside or substitute any decision made by any committee referred to in the principal Act, by the Publications Appeal Board, or by the Directorate of Publications. However, these bodies were still in a position to make decisions which were applicable to South West Africa if the Administrator-General did not intervene.][The Publications Proclamation, AG 43 of 1978 (OG 3776), which came into force on its date of publication, 3 July 1978, does not amend the Act but it supplements it by giving the Administrator-General of South West Africa certain powers in respect of its administration. The substantive provisions of this Proclamation are as follows:
“1. Interpretation
A reference in this Proclamation to a decision which was or may be given, shall be construed as including a reference to a prohibition, exemption, permit, condition, certificate, declaration or any other thing which was or, as the case may be, may be imposed, granted, issued or done.
2. Powers of Administrator-General in relation to Act 42 of 1974 in South West Africa
(1) The Administrator-General may amend or set aside any decision which was given under any provision of the Publications Act, 1974 (Act 42 of 1974), by a committee referred to in that Act or the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications so referred to, or substitute for such decision any other decision that may be so given.
(2) A decision given under subsection (1) by the Administrator-General, shall in the application of the said Act in the territory of South West Africa, be deemed to be a decision of a committee, the Publications Appeal Board, the chairman of that appeal board or the Directorate of Publications, as the case may be, that could have given that decision under the relevant provisions of the said Act: Provided that –
(a) in such application a reference in the said Act to the Gazette, shall be construed as a reference to the Official Gazette
(b) there shall be no appeal to the Publications Appeal Board against such a decision.”]ACTTo provide for the control of certain publications or objects, films and public entertainments; to amend the Post Office Act, 1958; to repeal the Publications and Entertainments Act, 1963; to amend the Customs and Excise Act, 1964, and the Indecent and Obscene Photographic Matter Act, 1967; and to provide for incidental matters.(Afrikaans text signed by the State President)BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
1. Recognition of Christian view of life
In the application of this Act the constant endeavour of the population of the Republic of South Africa to uphold a Christian view of life shall be recognized.Chapter I
Directorate Committees and Advisory Committees
2. Directorate of Publications
3. Functions of directorate
4. Committees
5. Persons eligible for appointment as members of committees
6. Coloured Advisory Committee
7. Indian Advisory Committee
Chapter II
Publications or Objects
8. Production, distribution, importation or possession of certain publications or objects prohibited
9. Powers of committees relating to publications or objects
10. Applications for decisions by committees to be submitted to directorate
11. Directorate to cause applications and publications or objects to be submitted to committees
12. Duties of director relating to decisions of committees
13. Appeals against certain declarations, prohibitions or decisions of committees
14. Reconsideration by appeal board of decisions that publications or objects are not undesirable
15. Review after lapse of two years of decisions that publications or objects are undesirable
16. Director to publish lists of certain publications or objects in the Gazette
17. Powers of entry, examination and seizure
18. Duties of publishers
Chapter III
Films
19. Prohibition of exhibition or publication of films which have not been approved
20. Applications for approval of films
21. Examination of and decision on films by committees
21A. Prohibition of possession of certain films
22. Certificate of approval
The approval of a film under this Act shall be made known by means of a certificate furnished by the director in the form and manner prescribed.23. Appeal to appeal board against rejection or conditions of approval of films
24. Reconsideration of decisions of committees in terms of which films have been approved
25. Review of certain decisions on films after lapse of two years
26. Prohibited films
27. Performance of certain acts in relation to films prohibited
28. Certain films to be sent to director
29. Registration of persons conducting business of maker, distributor or exhibitor of films
29A. Director shall compile and keep up to date list of certain films
Chapter IV
Public Entertainments
30. Committee may prohibit giving of certain public entertainments or may impose conditions
31. Appeal against prohibition of giving of public entertainment or condition imposed in respect of giving thereof
32. Reconsideration of decision of committee that public entertainment is or will not be undesirable
33. Review of certain decisions on certain public entertainments after lapse of two years
34. Giving of certain public entertainments prohibited
Chapter V
Publications Appeal Board
35. Publications Appeal Board
35A. Committees of experts
35B. Persons eligible for appointment as members of committees
36. Procedure of appeal board
37. Contempt of appeal board
37A. Influencing of directorate or committees
38. Decisions of committees, directorate or appeal board not appealable
A decision of a committee, the directorate or the appeal board shall not be subject to appeal to a court of law.38A. Statement of question of law for opinion of Supreme Court
39. Review of decisions of appeal board by Supreme Court
Chapter VI
Miscellaneous Provisions
40. Representations to appeal board in relation to applications for permits and exemptions
41. Admission of certain persons free of charge at exhibitions of films and at public entertainments
42. Undue influence of committee, directorate or appeal board prohibited
42A. Copies of certain editions shall not be taken into account for purposes of fixing certain amounts
42B. Prohibition of publication of certain advertisements
43. Penalties
44. Regulations
44A. Allowances payable to certain persons
There shall be paid to any person referred to in sections 3(1)(b) and (2), 17 and 35(8), the allowances determined by the Minister in consultation with the Minister of Finance.[section 44A inserted by Act 60 of 1986]45. Exclusion of other laws in respect of exhibition or publication of films
The provisions of any other law in respect of the exhibition or publication of films shall not apply with reference to any matter in connection with such exhibition or publication provided for in this Act.46. Application of Act to South West Africa
This Act and any amendment thereof shall apply also in the territory of South West Africa, including the Eastern Caprivi Zipfel.47. Definitions
48. Amendment of section 29 of Act 44 of 1958, as amended by section 21 of Act 26 of 1963
Section 29 of the Post Office Act, 1958 (Act No. 44 of 1958), is hereby amended by the substitution for the proviso to subsection (2) of the following proviso:“Provided that whenever in the application of the provisions of this subsection the question arises as to whether any profane, blasphemous, indecent, obscene or offensive matter appears on the outside of any postal article or is enclosed therein, the Postmaster-General shall not take any decision in regard to that question except in consultation with a committee as defined in section 47 of the Publications Act, 1974, and designated by the directorate referred to in that section, for the purposes of this section, either generally or in any particular case.”.[The Post Office Act 44 of 195 has been replaced by the Posts and Telecommunications Act 19 of 1992,]49. ***
[section 49 deleted by Act 20 of 1998]50. ***
[section 50 repealed by section 1 of Act 12 of 2022]51. ***
[section 51 repealed by section 1 of Act 12 of 2022]52. Repeal of laws
The Publications and Entertainments Act, 1963 (Act No. 26 of 1963), the Publications and Entertainments Amendment Act, 1969 (Act No. 85 of 1969), the Publications and Entertainments Amendment Act, 1971 (Act No. 32 of 1971), and sections 26, 27 and 28 of the General Law Amendment Act, 1973 (Act No. 62 of 1973), are hereby repealed.53. Short title and commencement
History of this document
15 February 2023 this version
Amended by
Repeal of Obsolete Laws Act, 2022
01 August 1998
Amended by
Customs and Excise Act, 1998
Read this version
01 January 1987
Amended by
Publications Amendment Act, 1986
01 May 1983
01 July 1979
Amended by
Divorce Act, 1979
09 May 1979
Amended by
Publications Amendment Act, 1979
02 October 1978
Amended by
Publications Amendment Act, 1978
03 July 1978
Amended by
Publications Proclamation, 1978
01 July 1978
Amended by
Publications Amendment Act, 1978
15 June 1977
Amended by
Publications Amendment Act, 1977
01 October 1975
01 September 1975
01 April 1975
Commenced by
Publications Act, 1974: Commencement
09 October 1974
01 October 1974
Assented to
Cited documents 2
Act 2
1. | General Law Amendment Act, 1973 | 11 citations |
2. | Newspaper and Imprint Registration Act, 1971 | 2 citations |
Documents citing this one 10
Act 4
1. | Customs and Excise Act, 1998 | 146 citations |
2. | Posts and Telecommunications Companies Establishment Act, 1992 | 64 citations |
3. | Namibian Broadcasting Act, 1991 | 47 citations |
4. | Namibia Film Commission Act, 2000 | 7 citations |
Gazette 4
Law Reform Report 1
1. | Report on the Repeal of Obsolete Laws |
Proclamation 1
1. | Executive Powers (Interior) Transfer Proclamation, 1978 |