A Look at Recent Regulatory Shifts Across African Film Industries: South Africa

Recent film industry-related regulatory reforms in key African regions.

South Africa:

1. Launch of Revised Film and Television Production Incentive Guidelines

In September 2023, the Department of Trade, Industry, and Competition launched revised film and television production incentive guidelines. The guidelines broadly aim to support the film industry by aligning with South Africa’s national priorities and creating a sustainable industry.

2. Repositioning of the Film and Publication Board (FPB)

The FPB unveiled a brand repositioning strategy, redefining it as a “Content Regulatory Authority of South Africa.” The strategy emphasizes the FPB’s mandate to protect the public, especially children, from what it deems harmful and prohibited content in films, games, and publications.

3. Amendments to Films and Publications Regulations

The amendments expanded the regulatory authority of the FPB to include digital platforms, including streamers like Netflix and Amazon Prime Video. This expansion signifies a shift from traditional classification authority to a regulator of digital content.

4. Notices to Internet Service Providers

The FPB in South Africa issued a notice to all Internet Service Providers, requiring them to comply with specific sections of the Films and Publications Act. This includes moderating services aimed at children and preventing their platforms from being used to host or distribute what is deemed illegal or harmful content​

5. National Film and Video Foundation (NFVF) Policies and Legislation

The NFVF continues to adapt its policies to respond to industry changes. Revisions cover areas like marketing, distribution, production, and development funding. The NFVF also offers support for festival hosting and attendance, education and training, and has guidelines for co-productions and film incentives.

These regulatory updates reflect the South African government’s efforts to adapt to the evolving landscape. However, as in Kenya’s focus, they also bring challenges such as potential impacts on artistic freedom due to content classification regulations​.