Ah, privacy and data laws. The legislation that’s the reason we now open a web page and do the cookie tango. Accept cookies, decline notifications, click ‘No newsletter’, and immediately forget why we opened that page. This may be for our benefit, but some legislation is up for debate. We may soon do a whole other dance when sharing content online, due to proposed new guidelines by the FPB.

The Film and Publication Board (FPB) published new proposed guidelines on the classification of games, certain publications, and video content. The proposed draft classification guidelines supplement the Films and Publications Act (1996). In short, they mean you may have to think twice when sharing content on social media or online. There goes documenting your living-in-the-moment moments.

Take a closer look

The drafted guidelines are the same song we are used to, but with a small twist. Yes, you’ve got to watch what you’re posting online. That, presumably, includes the video you took after a few drinks and posted on Instagram. Whoops. If everyone did not give their consent to the video being published then, according to the new POPI Act, you could be in trouble. If the video goes against any FPB regulations, you might also be in trouble.

Mostly, though, the new document for the FPB is…. well, for the FPB. Once you wade past many, many pages of (mostly horrible) definitions, you’ll find that the document is about how the Film and Publications Board is supposed to implement its ratings. This includes the order they’re supposed to do their ratings in, and also how strict they’re supposed to be. Reviewers and raters are supposed to be cognisant of viewer (or player) freedoms, but only up to a point.

All media content falls under the jurisdiction of the FPB; “This includes films exhibited at cinemas, DVDs, Blu-Rays, video-on-demand, mobile content (in so far as it does not amount to broadcast content) and the internet,” states the FBP’s proposed guidelines.

The FBP will watch like Big Brother once the guidelines are in place. But then, they always have. However, these changes can impact online life more than the FPB envisions in their only-Disney-for-kids-guidelines, explains law firm Webber Wentzel.

What’s up with their video game obsession?

Ok new thread with my thoughts on the FPB guidelines:

The TL/DR nothing really new to see here. The MYBB article is a bit misleading nothing “new” is really added or changed by these guidelines.

— Nick Hall (@nickhallsa) February 22, 2022

The drafted guidelines mention stricter measures when classifying media content. If you don’t have time to read all fifty pages, they plunge pretty deep into game ratings. For instance, the proposed guidelines define terms such as “competitive intensity” (CI) in gaming, which accounts for the possibility that the CI could lead to addiction. The guidelines include these terms in their rating of games and publications.

Former lawyer Nick Hall confirmed this by tweeting, “Something I do find interesting is that clearly the FPB views games as a greater threat to our children than film. This is evident not only in the language they use when discussing the two but also in terms of how the classification guidelines are applied.”

What now?

The proposed guidelines are open for comment from its publication date, which was 4 February 2022. You have 30 days (from publication) to submit comment before these guidelines move on to replace the previous guidelines.

Webber Wentzel advised businesses who suspect the guidelines would affect them greatly to seek help. They could create problems for simple things, like a company’s digital marketing strategy — particularly those that cater to adult audiences. No, not that sort of adult audience. The other one.