Arts legislation

White Paper

A term used to refer to proposals for governmental legislation. See Legislation on Theatre and the Arts.

Various Bills on the Arts in South Africa

Publications Act (1974)

Provides for right of appeal to the Supreme Court.

This law supplanted the 1963 Publications and Entertainment Act.

Publications and Entertainment Act no. 26 (1963)

While retaining the strict provisions and criterion of ‘undesirability’, it closed some loopholes and replaced the right of appeal to the Supreme Court with an inhouse Publications Appeal Board.

Prior to 1963, censorship was exercised by Customs, which meant locally-produced works were not subject to any censorship. This Act - which stayed in operation up to the passing of the Publications Act of 1974 - founded the first Censorship Board in South Africa, consisting of nine members, of which six were in charge of art, language and literature, allowing also for domestic censorship of ‘undesirable’ works. Although a provision was made for an appeal to the Supreme Court, this option was seldom exercised in practice. In all, an average of about 70 films per year, and 7000 publications were banned in the decade in which this Act was in operation. **

The Censorship Board

Founded with the Publications and Entertainment Act no. 26 (1963) it consisted of nine members, of which six were in charge of art, language and literature, allowing also for domestic censorship of ‘undesirable’ works.

Publications Appeal Board

This was a higher authority called into being by the Publications Act of 1974. This body handled appeals against bannings previously referred to the Supreme Court and sat in camera with interested parties.

Sources

Gosher, 1988 [JH]

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