Soon after the episode became available on the MultiChoice-owned Showmax streaming service, it started receiving attention on social media. Smartphone-shot recordings of the scene were soon circulated on platforms like Twitter and WhatsApp. Following “online public concern” regarding the episode, the FPB has said it will review Showmax’s self-assigned rating of 16 VSNL for The Wife. This comes after President Cyril Ramaphosa put the Film and Publications Amendment Act into operation two weeks ago, on 1 March 2022.

Known as the “Internet Censorship Bill”, the new law aims to give the FPB sweeping powers over online content in South Africa. One of these powers is that anyone can complain to the board about potential prohibited content. The FPB may then issue a take-down notice to have the offending content removed. The Act defines prohibited content as material that amounts to propaganda for war, incitement of imminent violence, advocacy of hatred that is based on an identifiable group characteristic and that constitutes incitement to cause harm, or child pornography.

Explicit sexual conduct which violates or shows disrespect for the right to the human dignity of any person is also included in this definition, as is explicit depictions of extreme violence, including domestic violence. The scene from The Wife is none of these things, with viewers describing it as a “South African 50 Shades of Grey”. Regardless, the FPB has said it will review Showmax’s age classification of the show.

According to the FPB, it has the power under the newly-proclaimed Amendment Act to regularly audit a distributor’s compliance with the FPB’s rating system, and hear and adjudicate public complaints regarding classified material. “The FPB has, as a preliminary step, brought these to the attention of MultiChoice Support Services (Pty) Ltd to allow them an opportunity to respond to these in writing within seven days,” the FPB stated. The FPB’s questioning of Showmax’s 16 VSNL rating for The Wife is curious, considering its previous approach to classifying films like 50 Shades of Grey. In 2015, the FPB issued a statement defending its decision to give 50 Shades of Grey’s cinema-friendly release a 16 LNS rating and refused to increase its age restriction to 18.

“As the FPB, we are worried about the distribution and wider circulation of this clip by members of the public via social media,” stated FPB acting chief executive officer Dr Mashilo Boloka. “These clips have the potential to cause harm if accessed by children on unregulated online platforms”. Boloka said the FPB would, in due course, 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 law. “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,” Boloka continued. “We are putting in systems to monitor non-compliance with the new act, including the Online Rapid Response Team and the Enforcement Committee.’