On 28 August 2009, the protection of South African children against inappropriate media content and child pornography received a boost when the President of the country, Mr Jacob Zuma, signed the Films and Publications Amendment Bill 27 of 2006 into law.
The amendment Bill, first introduced in 2006 by the Department of Home Affairs created uproar and contestation within the media industry which viewed it as a hindrance to the freedom of expression. The decision of the President has provided the Film and Publication Board (FPB), and those involved in efforts aimed at protecting children against pornography and sexual abuse and exploitation with the assurance that the rights of children to be children as articulated in section 28 of the Constitution remain paramount. Also, the board has been empowered to enforce stricter regulations and ensure compliance by industry.
The amendments hold the owners and operators of all telecommunication channels targeted at and used by children responsible for the content created and distributed within those mediums. Evidence points to the fact that some of these mediums are used as platforms for sexual abuse, exploitation and grooming of children.
They (operators) are required to take the necessary steps in ensuring that their services are not used by any persons for committing offences on children. Failure by operators to display safety messages to children on advertisements for the services, failure to provide mechanisms to enable children to report suspicious behaviour by any user, and failure to report to the South African Police Services (SAPS) the behaviour which indicates commission of an offence against children is a punishable offence.
The amendments also allow for the establishment of a fully fledged council, which will be constituted by a different range of stakeholders, including representatives from industry and the non-governmental sector. This will strengthen the Board’s accountability and adherence to corporate governance. Consultations have already begun with different players within the industry and government, in order to agree amongst other on the framework for self regulation for those required to self regulate protocols on protection of children against pornography etc.
The FPB continuously strives to inform members of the public, so they are empowered to make decisive choices regarding what to watch and not watch.
For more information contact:
Sibo Myeni
Cell: 082 307 4708
Issued by: The Film and Publication Board
7 September 2009
Source: Film and Publication Board (http://www.fpb.gov.za/)
