Child Pornography
Unite Against Child Pornography
The absolute prohibitions on, and the criminalisation of, the creation,
production, distribution and possession of child pornography, as well as the
exposure of images or descriptions of sexual conduct to children, is provided
for in the Films and Publications Act, No 65 of 1996 (the Act). The Film and
Publication Board, which is responsible for the effective implementation of the
Act, is therefore directly involved in the protection of children from sexual
abuse and exploitation in films, games and publications. However, given that
most, if not all, child pornography is distributed via the Internet and mobile
cellular phones, and given the volume of traffic involved on a 24/7 basis, the
Board, even with more resources, cannot monitor the Internet and mobile
cellular phones. It is important, therefore, that the public become involved in
this war to protect all children from the scourge of Internet predators.
The discovery of the crime being perpetrated against our children must become
part of our conscious awareness. What we do must have a single aim: to make the
protection of children from sexual abuse and exploitation everyone’s business.
No individual can delegate to anyone else this responsibility that each one of
us must acknowledge, accept and act upon wherever we may find ourselves. For
the crime is not only the sexual abuse and exploitation of children: it is also
the silence from those who should speak out but choose to avoid the sense of
horror which should form the basis of everyone’s perception of the world we are
creating for our children. In the words of Professor Paulo Pinheiro (UN Study
on Violence Against Children): “The global community has no excuse for saying
that ‘we didn’t know’ or ‘we couldn’t forsee’ the exponentially increasing
violence caused to children in relation to new information and communication
technologies.” Silence is a betrayal of all children. Any compromise by any one
of us in this war will comprise all children.
What is child pornography?
Child pornography is defined in the Act as any image or description of a person
who is under the age of 18 years or made to appear, look like or described as a
person under that age, engaged in any form of sexual conduct. It is important
to note that the Act does not distinguish between child pornography created by
the use of real children and products of the imagination, including “virtual”
child pornography created by using sophisticated computer graphics. An illegal
image does not become legal simply because it is created by a different means.
Child pornography is not a victimless crime. Children are sexually brutalised,
tortured and even murdered in the creation of child pornography. Apart from the
child-victims, others in close relationship with the child become victims and
suffer the trauma of knowing that that child has been sexually brutalised. And
the child-victim has to endure the psychological trauma, long after she or he
has passed into adulthood, of the knowledge that an image of her, or him, being
sexually abused is still being circulated and viewed by paedophiles.
How has Government responded?
Government has responded by ensuring that there are legislative and other
measures in place to give practical effect to the constitutional principle
that, in all matters concerning the child, the best interests of the child are
paramount. Government has extended the scope of the Films and Publications Act
to make the creation, production, distribution, possession, advocacy,
advertising or promotion of child pornography a criminal offence, and has
increased the maximum prison sentence for any person convicted of any child
pornography offence to 10 years. Government has also initiated a national
campaign to increase awareness among the public of this terrible crime against
children and has encouraged a partnership between government child protection
agencies and civil society to maintain constant vigilance to ensure a healthy
social and educational environment for all children. Government has also
introduced legislation to make the failure to report knowledge or suspicion of
the commission of any child pornography offence a criminal offence. It is also
an offence to expose children to pornography, as well as to fail to take
reasonable steps to ensure that children do not have access to potentially
harmful materials. The Film and Publication Board has also been encouraged and
supported by the Department of Home Affairs to increase its direct
participation in child protection initiatives. The Board has initiated an
ongoing campaign to equip teachers, parents and learners, through workshops,
seminars and publications, with the necessary skills to identify and respond
appropriately to the risks posed to children by information and communication
technology. The Board has also responded to invitations by various governmental
and non-governmental organisations to conduct workshops and participate in
seminars on issues related to the protection of children. The Board also
collaborates with the National Prosecuting Authority to ensure that prosecutors
and police are trained in all aspects relevant to increased effectiveness in
the investigation and prosecution of child pornography offenders.
What can you do?
Children are not only the most vulnerable members of society but, for most of
their childhood, are completely dependent on adults for protection and normal
development. The starting point, therefore, is acceptance of our nurturing
responsibility towards all children. Children are entitled to their childhood
innocence. Remaining deaf to the cries of children is a betrayal of everything
that makes us human and humane. All of us must become involved, in whatever
ways open to us, in this war against child pornography. If you know, or
suspect, someone involved in child pornography, in any way, report that
knowledge or suspicion to the police. If you come across child porngraphy, or
know of a website that contains child pornography, report all details to the
Board’s Hotline at 0800 148 148. The Board will respect, where requested, the
confidentiality of those who provide such information.
Parents, teachers and care-givers must take whatever steps are necessary to
protect children in their care from exposure to harmful materials, especially
on the Internet and on mobile cellular phones. Most importantly, children
should feel safe and secure from paedophiles and child molesters in the
knowledge that their welfare is all our concern.
Please report any child pornography activities to this:
TOLL FREE NUMBER 0800 148 148
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