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Media / Communications Law

Media / Communications Law. Censorship. Outcomes. Define “censorship” Discuss the various forms of censorship Self-regulation State censorship Prior restraint Discuss how pornography is regulated in South Africa Discuss how indecent, obscene & pornographic matter is regulated in SA.

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Media / Communications Law

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  1. Media / Communications Law Censorship

  2. Outcomes • Define “censorship” • Discuss the various forms of censorship • Self-regulation • State censorship • Prior restraint • Discuss how pornography is regulated in South Africa • Discuss how indecent, obscene & pornographic matter is regulated in SA

  3. What is censorship? • The inspection of works before publication to ensure they do not contain anything immoral, heretical, offensive or injurious

  4. Types of censorship • State censorship • Film & Publications Act 65 of 1996 • Self-regulation • Press Code • Prior restraint • Administrative action • Only films subject to prior approval

  5. State Censorship • State imposed censorship • Publications Act of 1974 (now repealed) • Film & Publications Act 65 of 1996

  6. Film & Publications Act of 1996 • Allows for restrictions on distribution or possession of certain material • If materials falls with classification of Schedule 1 it may be banned • Child pornography, visual representations of violent sex, bestiality, degrading sex • What constitutes violent sex or degrading sex? • Courts will have to interpret.

  7. Self Regulation • Self regulation by the individual or organisation • Examples: • Press Code • Code of Advertising Practice • Voluntary compliance

  8. Prior Restraint • The restriction of speech or expression before it enters the public domain • Government order or interdict • No prior restraint in SA • Only restriction is that all films submitted to Film & Publications Board before screening • The problems with prior restraint

  9. Pornography • Is it the problem (or duty) of the State? • Is there a connection between pronography and sex crimes? • Debate centres around the (potential) harm caused by pornography

  10. Pornography and harm • Has been argued that there are three types of harm that may be caused by pornography related to women • Actual physical harm (during production) • The harm done by legitimising discrimination • The harm caused by the ‘dehumanising” effect

  11. The regulation of pornography in SA • Films & Publications Act 65 of 1996 • Regulate by way of classification • Impose age restrictions • Give consumer advice • Make exploitive use of children in pornographic publications punishable • Wide definition of publication

  12. Film & Publications Review Board • Classification of publications • (except for films) only done on receipt of a complaint • Four categories • XX – Schedule 1 • X18 – Soft porn (Schedule 2) • R18 – restricted to adults • F18 – where 6 or more consecutive R18 publications • If unclassified – no restriction

  13. Exemptions • Scientific, documentary, literary or artistic works • Child pornography excluded from exemption • Publication – includes printed matter, drawings, pictures, soundtracks, computer programmes, figures, carvings etc …

  14. Films • All films must be submitted for classification before release • XX – no public distribution or exhibition • X18 – only by adult premises licensee • 18/16/13 etc • Refused classification – no release or possession

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