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Now broadcasters slam ‘censorship’ Bill

Publish date: 04 May 2007
Issue Number: 1817
Diary: Legalbrief Today
Category: Labour

Criticism of the Films and Publications Amendment Bill continued in Parliament’s Home Affairs Committee yesterday when the electronic media joined its print colleagues in claiming its provisions were unconstitutional and ‘of such severity that they would make broadcasting almost impossible’.

The Bill is designed to crack down on child pornography and abuse, but critics say the removal of exemptions from the existing Act will compel self-censorship or lengthy applications for classification of reports concerning sexual abuse. Yesterday, notes a Business Day report, the National Association of Broadcasting, which counts among its members all three television broadcasters in SA, as well as all licensed commercial radio stations, pointed out that the removal of the exemptions introduced self-censorship. They said it also ‘places an impossible duty’ on broadcasting in the categories mentions. Its submission said this was incompatible with the Constitution. Presenting the NAB submission, advocate Steven Budlender said clause 16 of the draft Bill would require anyone who intends to distribute any programme, including news bulletins, to first submit these to the board for examination. ‘The effect of the Bill on news and current affairs programmes will be particularly devastating. It will mean a delay in the broadcasting of every news bulletin.’ Full Business Day report

A way out was offered by the Publishers\' Association of SA, which told the committee that protecting children from sexual abuse and combating child pornography could be achieved without crippling the publishing industry. ‘If child-protection legislation is inadequate, then amendments should be made specifically under that heading to counter sexual abuse and the depiction or promotion of sexual abuse,’ said Pasa chairperson Nhlanhla Ngubane and executive director Dudley Schroeder. ‘The issue is therefore not one of \'classification\', but rather finding adequate and effective ways to eradicate this scourge,’ they argued, according to a Mail & Guardian Online report. Introducing the objective of combating child porn into the Act would not only prove insufficient and ineffective, but would adversely affect the other important objectives of the Act. Full report on Mail & Guardian Online site

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