by Thinus Ferreira
Netflix has bowed under pressure from the Film and Publication Board (FPB) and will now classify the content on the video streaming service according to South Africa's local content classification rules and pay the classification body.
Unlike MultiChoice's Showmax subscription video-on-demand (SVOD) service, Nu Metro, Ster-Kinekor and Apple TV+, Netflix refused for four years to refuse to register its content for FPB classification, to abide by its rules and to pay for local content classification since it launched in January 2016 in South Africa and across sub-Saharan Africa.
In October 2017 Yann Lafargue, manager for technology and corporate communications at Netflix for the Europe, Middle East and Africa (EMEA) region, told TVwithThinus that Netflix won't submit to local classification of its content which it does itself and "doesn't have to pay those fees".
"We do believe that we do not have to do that. And that's the same case in many countries in the world where they have content regulation and there's questions about ratings, or censorship."
"There's always a wish from a regulator to try to get power from things like video streaming services, and we're trying to move away from that because we do think that the content matters and we try not to censor content in general."
Yann Lafargue said "We want the freedom to regulate ourselves. When there's layers of complexities it's never good; it's just slowing the technology; everything. Imagine if you have that [process of screening] and then you need to wait 6 months because they don't have the capacity or the bandwidth to watch all the content of 650 shows - not even talking about the licensed shows we have there, then you become again a second-ranked citizen because of your own regulator. And then there's again the issue of piracy."
Now Netflix has bowed under FPB pressure and will have to pay a licensing fee of R795 000 per year for the local classification of its content after it signed a FBP deal last week.
Netflix won't be paying anything for the period between 2016 and 2020 where its service was available in South Africa without content classification.
Netflix's deal with the Film and Publication Board comes as the streamer realised that it will run into growing problems if it doesn't pay for local content classification as it increases local South African productions like Queen Sono that it released last week, as well as with upcoming South African series and elsewhere in Africa like Nigeria where it has plans to do more scripted programming.
"Netflix joins the likes of Showmax, Google and Apple to become the 9th online distributor to contract with the FPB, ensuring compliance with the Film and Publications Act, and the classification guidelines."
"These classification guidelines are aligned with social norms and values as tested with the South African public, aimed at providing advisories and age ratings that protect children and other vulnerable consumers."
Abongile Mashele says that "the signing of this contract is the culmination of a series of discussions on the prioritisation of safe content consumption for our citizens, where materials distributed in the country are accompanied by ratings that prepare the consumer for the type of content they are about to view. This allows parents and caregivers to make informed choices on the content to which their children are exposed."
The Film and Publication Amendment Act requires all distributors of films, games, and certain publications to register with the FPB to ensure that their materials are classified prior to reaching the consumer.
South African consumers then see a FPB classification triangle with an age rating, as well as a consumer advisory notification, for instance "S" for sex, "V" for violence, "N" for nudity and so on.
"Following the signing of the distributor contract the FPB will engage Netflix in intensive training on the classification guidelines and the methodology of self-classification before the ratings can be applied," the FPB says.
"The public can rest assured that the films they view on Netflix will be aligned to South African rating standards."
Netflix in a statement says "Our work with the Film and Publications Board is part of our wider efforts to give our members more control and choice. We want our members in South Africa to have the information they need to make informed entertainment choices for themselves and their families".
