TELEVISION PROGRAMMES (CLASSIFICATION CERTIFICATES) [ S.L.350.01 1
SUBSIDIARY LEGISLATION 350.01
TELEVISION PROGRAMMES (CLASSIFICATION 
CERTIFICATES) REGULATIONS
8th April, 1994
LEGAL NOTICE 44 of 1994.
Citation. 
(Classification Certificates) Regulations.
Interpretation.
"the Authority" means the Broadcasting Authority established by
article 118 of the Constitution;
Cap. 350.
"broadcaster" means any person providing television
broadcasting services as provided for in the Broadcasting Act, and
also includes any person, body or authority providing such services
under licence from or under arrangements with, the Government;
"television broadcasting service" means all the items within a
single television service provided by a given broadcaster;
"work" means a cinematographic work or a work created by a
process analogous to cinematography and also includes any film
made for television and any creative audiovisual work.
Requirement of 
classification.
3. No work shall be broadcast as part of a television
broadcasting service unless it has been granted a classification
certificate in writing under these regulations and unless the
broadcaster complies with the conditions of such certificate.
Responsible 
person.
4. (1) Every broadcaster shall appoint a person or persons to
be responsible for the issue of classification certificates under these
regulations in respect of works broadcast as part of the television
broadcasting service provided by the said broadcaster.
(2) The broadcaster shall inform the Authority of the name,
surname, age, place of residence and identity card number of any
person appointed in terms of the previous subregulation
immediately upon appointment.
(3) The broadcaster shall keep all classification certificates
issued in respect of his television broadcasting service in terms of
these regulations for a period of ninety days after any work is last
broadcast and he shall hand over all or any of the said certificates
to the Authority immediately upon demand.
(4) The Authority shall have the right to disqualify any person
appointed in terms of subregulation (1) from being entitled to issue
classification certificates if, after giving opportunity to the
broadcaster, to the person appointed and to any other person as it
deems fit to make submissions to it on the matter, it is satisfied that
the said appointment was not made in good faith or that the person
appointed is manifestly unable to perform the duties of his office or
that he is guilty of serious misconduct in the performance of his
duties.
2 [ S.L.350.01 TELEVISION PROGRAMMES (CLASSIFICATION CERTIFICATES)
(5) No action for damages shall lie against the Authority for or
by reason of any decision taken by it to disqualify any person from
being entitled to issue classification certificates.
Classification 
certificates.
5. (1) A classification certificate issued under these
regulations shall contain:
( a ) a statement that the work concerned is suitable for
general viewing at any time (with or without advice as
to the desirability of parental guidance with regard to
the viewing of the work by young children or as to the
particular suitability of the work for viewing by
children); or
( b ) a statement that the work concerned is suitable for
viewing only after a time stated in the certificate.
(2) Responsibility to issue a classification certificate shall
include the power to refuse to issue such certificate when the
person responsible for the issue of the said certificate deems that a
work is not suitable for television broadcasting.
Exercise of 
functions.
Cap. 350.
6. Any person appointed in terms of regulation 4 shall
exercise his functions having regard to public morality, decency or
propriety, to the protection of the interests of minors, to the quality
of the audience likely to view the broadcast also taking into
account of the means of transmission, and to the provisions of the
Broadcasting Act and anything done thereunder.
Other 
responsibilities of 
the broadcaster.
7. Nothing in these regulations shall be construed as relieving
the broadcaster from any obligation, responsibility or liability
imposed upon him by or under any law.
