Film and Publication Board Presentation to the Portfolio Committee on Communications 09 September 2014 1
Presentation Outline • Vision, Mission & Values • Historical Perspective • Legal Framework • Regulatory Tools • Governance Structures • FPB Management • Strategic Outcomes • Strategic Priority Programmes 2014-2019 • FPB Successes • Current Challenges • Employment Equity • Staff Misconduct Matters • Performance Information Report Quarter 3 • Revenue and Expenditure Report: 3 rd Quarter 2013-14 2
FPB Visi sion, Miss ssion and Values Vision Mission Values “A Leading and “Ensure efficient • Accountability Credible Content and effective • Fairness Classification consumer Authority in protection South Africa” • Integrity through regulation of • Transparency media content,, while • Professionalism empowering the public especially children, through information sharing” 3
Historical Perspective • Previous Censor Board within the Department of Internal Affairs • Governed by the Publications Act of 1974 to Censor undesirable content • 1994 shift from Censorship to Content Classification • Task Group established to draft legislation to replace Publications Act • Film and Publications Act no 65 of 1996 • FP Act allowed for content classification and age ratings, only child pornography and bestiality prohibited from distribution 4
Legisl slative Frame mework Statute Area of Governance Constitution of the Republic of South Bill of Rights, Rights of Children and Africa 1996 child protection Film and Publications Act no. 65 of Creation, possession and distribution 1996 as amended of films, games and certain publications Makes Child Pornography punishable by law (Section 24 (c) ) Public Administration and Justice Act Public Administration (PAJA) Classification Guidelines Classification process and age ratings 5
Evolution of FP Act • Enacted in 1996 to establish the FPB and regulate the creation, possession and distribution of films, games and certain publications. • Amended in 2009 to among others: – Insert and delete certain definitions – Establish and provide for the powers and duties of a Council – Provide for the appointment of functions of compliance officers – Provide for the compositions, functions and management of the Board – Repeal certain schedules to the Act • Currently a legislative amendment process is underway to allow for better regulation of online content distribution 6
FPB Regulatory Tools Constitution 1996 FILMS AND PUBLICATIONS ACT 1996 A P P E A L S REGULATIONS Classification Guidelines Registration of Consumer education Compliance distributors and outreach monitoring 7
Governance Structures Executive Authority Appeals Council Tribunal HR & OPTICOM REMCO Committee A&RC of Chairs Fincom CEO 8
FPB Management CEO Chief Chief Operations Shared Services Chief Financial Information Officer Executive Officer Officer 9
FPB Strategic Outcome mes: s: 13/14 – 17/18 Strategic Outcome Description (SO1) Effective and visible monitoring of industry throughout the entire value chain for the protection of children and adults through information (SO2) Consumers, general members of the public and industry informed about the mandate of the FPB (SO3) Effective and efficient management of FPB Operations (SO4) Revised, effective and innovative regulation of the content distributed online, mobile and related platforms for the protection of children and adults through information SO5) Expand FPB footprint through effective partnerships and stakeholders in pursuance of our Mandate 10
ST STRATE TEGIC PR PRIORITY TY PR PROGRAMMES ES 2014/2 /2019 1. Research, Compliance Monitoring & Evaluation (SO1) 2. High Visibility-High Impact Communications, Stakeholder Engagement & Consumer Education (SO2) 3. Resourcing and Financing Plans and Institutional Reform (SO3) 4. ICT , Connectivity and Digitisation Strategy (SO3) 5. Technology driven content classification (SO4) 6. Legislative review (SO4) 7. Regional, Continental and International Partnerships (SO5) 11
FPB Successes • National, Regional, International visibility • Online Regulation – Agreements with distributors in place (Altech, Apple, Google) • Our classification processes and governance are more rigorous and effective due to online submission of games • Financial systems are sound, we had 5 years of unqualified audit reports. • Reduced the % of appeals to classified material due to improved operational efficiencies and training of Classifiers • We have developed a training manual for the classifiers which will be accredited through UNISA as a formal training programme
Current Challenges • Inadequate empirical research and industry-specific expertise • Proliferation of content on various platforms (local and international), accessible to South African citizens, especially online • Increase of illegal content and user generated content (especially Child Pornography) • Cyber-safety as it relates to children • Inadequate regulatory tools for online content distribution (pending legislative amendments, Online Strategy implementation, ICT tools) • Limited enforcement of FP Act provisions (inadequate enforcement provisions) • Reduced funding sources to meet an expanding mandate (Decreased revenue generation due to shift from physical to online distribution) 13
Employment Equity Male Female Occupational TOTAL African Coloured Indian Whit African Coloure India White Categories e d n Support Staff 24 2 1 1 37 0 1 1 67 Senior 4 0 0 1 3 0 0 0 8 Management Executive 3 0 0 0 2 0 0 0 5 Management TOTAL 31 2 1 2 42 0 1 1 80 Persons with 2 0 0 0 0 0 0 0 2 disabilities 14
Staff Misconduct Matters 1. Misrepresentation of Qualifications – Gross Dishonesty: – Detected through a credential verification process – Investigated and referred to a Disciplinary Hearing – Employee found Guilty and Dismissed 2. Failure to relocate as per Contractual Obligation + Absenteeism + Misconduct at an Official FPB Function: – Investigated and referred to a Disciplinary Hearing – Dismissal Finding, employee lodged an appeal and the finding was upheld – Employee referred the matter to CCMA for arbitration – settled “ out -of- arbitration” on provision that employee receives full pension benefit. 3. Classifier’s Failure to Comply with Requirements for Content Classification at an External Viewing Venue: – Disciplinary hearing was held , finding was that the FPB was unable to provide evidence to support the allegations – Ruling – Classifier found Not Guilty of charges
Staff Misconduct Matters...continued 1. Theft of Material submitted to the FPB for Classifications + Accessing Viewing Facilities and Utilising Equipment and Materials without Authorisation:(2 Operations Staff) – Two employees suspended while allegations were investigated – They were charged and disciplinary hearing was held on the 05 – 22 August 2014 – Employees were found guilty on all charges and dismissed with effect from the 25 August 2014 2. Collusion with a service provider + Conflict of interest + Contravention of FPB Fraud Prevention Plan: (Senior Manager & Operations Staff) – Allegations reported to FPB from a whistle-blower – Allegations currently being investigated through forensic auditors – Outcome still to be determined 3. Non-compliance with SCM procedures and regulations as accountable FPB Official + Irregular expenditure (Executive) – Investigation report tabled with FPB Council Task Team – Responsible Executive was suspended with effect from 8 August 2014 – Charges are being formulated .
Performance Information Report 2013/2014 Quarter 3 17
SO 1 :Effective and visible regulation of films game and certain publications throughout the entire value chain to protect children and inform the public Outstanding deliverables Challenges and (Milestones) Corrective measures Overall Comment – Achievement on some of the quarterly performance targets with much emphasis improved rates on compliance and inspections Draft Regulations implemented On going refinements to the Regulations 75% non- compliance letters issued Lack of capacity 100% non-compliant distributors Lack of capacity referred to SAPS 18
SO: 3 Effective and efficient management of FPB procedures Outstanding deliverables Challenges/ Corrective measures Overall Comment : Partial Achievement of targets regarding the governance due to approval processes • Awaiting approval of new Regulations. Implement new tariffs • Awaiting approval of new Regulations. Regulation fees: 2% of total revenue generated • Investigation of the cancelled Vodacom Automation project (Turn Around strategy APN. • Delay with quotes for IS VPN service implementation) 19
SO4: Ensure effective and innovative regulation of the content distributed on online, mobile and related platforms to protect children and inform the general public Outstanding deliverables Challenges/ Corrective measures Overall Comment : Partial Achievement of targets regarding the governance due to approval processes • Lack of Internal Capacity to develop a Implement training manual manual 20
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