FPB looking into Showmax classification after public outcry over ‘The Wife’ sex scene

The  Film and Publication Board (FPB) announced that it is in the process of reviewing Shoxmax’s self-classification rating applied to their content after public concern regarding a recent episode of the Showmax series, The Wife, in which characters engaged in a somewhat graphic sex scene.

The concern came after an over two-minute scene in episode 11 of season two when the characters Zandile (Khanyi Mbau) and Nkosana (Mondli Makhoba) made love in a manner never-before-seen on mainstream South African television.

The scene saw the show trend for days with many having filmed the scene on their phones and sharing it on social media.

The FPB acknowledged the public outcry in a recent statement outlining what they plan to do about the matter.

“As the FPB, we are worried about the distribution and wider circulation of this clip by members of the public via social media,” said FPB Acting Chief Executive Officer, Dr Mashilo Boloka. 

“These clips have the potential to cause harm if accessed by children on unregulated online platforms”.

“The Films & Publications Amendment Act does not in any way limit the sharing of content by members of the public as long as the content is not harmful, illegal and/or prohibited by the Act”. 

The airing of the scene and its subsequent viral status on social media resulted in complaints being filed about The Wife with both the Broadcasting Corporation of South Africa (BCCSA) and the FPB which is a South African content regulator that classifies films, games and certain publications.

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“The FPB is aware of online public concern regarding an episode of the Showmax series, The Wife. Showmax currently has an Online Distribution Agreement with FPB, which accredits them to use the FPB Classification Guidelines to self-classify, by aligning the ratings of their content to the FPB rating system,” explained the content regulator. 

The FPB further explained that the rating issued to the show by Showmax is based on their correct implementation of the FPB Classification system.

That would then be the rating the FPB would also apply to The Wife overall to the extent that it is correctly aligned with the FPB Classification system.

“Notwithstanding the self-classification provisions provided for in section 18C of the Films & Publications Amendment Act (no.11 of 2019), FPB still has the power, as required by the same Act to regularly audit the distributor’s compliance with its rating system and hear and/or adjudicate public complaints regarding classified material, if formally raised with the organization’s Classification Committee in a prescribed manner.”

As a preliminary step, the FPB has brought the public complaints regarding the sex scene in The Wife to the attention of Multichoice Support Services to allow them an opportunity to respond in writing with seven days. 

“The Films and Publications Amendment Act (2019) allows for a co-regulation system with online content distributors, where the distributor assigns an age rating and classifiable elements to alert sensitive viewers to these scenes within the content, enabling them to make an informed decision whether to watch or not.”

Furthermore, the FPB states that the current 16 VSNL classification assigned by Showmax to The Wife will be compliance checked against the justification given by Showmax in the classification report that all distributors with online distributor agreements to self-classify need to complete. 

“Should the review of the classification rating of the episode be found to [be] incorrect, the FPB has the powers in terms of section 18J of the FP Amendment Act to reclassify any material that was previously classified in terms of the Act.”

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Thereafter, the findings of the compliance check will be shared with the media and public.

With regards to the distribution of the clip online, the FPB also plans to publish guidelines relating to the sharing of content via digital platforms to the members of the public so that they know what is permissible within the new laws related to the Films & Publications Amendment Act.

“The spread of this material on social media platforms underlines the need for vigilance by the FPB to curb the illegal distribution of harmful and prohibited materials so as to protect the public, including children.”

In order to more effectively monitor this, Dr Boloka said the organisation is also putting systems in place to monitor non-compliance with the new act, including the Online Rapid Response Team and the Enforcement Committee.

Should the public wish to lodge complaints regarding the distribution or circulation of harmful or prohibited content, and or seek more information relating to what is permissible regarding the sharing or distribution of content, they may contact the FPB at the following email address clientsupport[at]fpb.org.za or hotlin[at]fpb.org.za and/or 012 003 1400 (during Office Hours).