Child pornography images are part of a cycle of child sexual abuse and exploitation. In terms of the Films and Publications Act, as amended child pornography images is defined as any image or description of sexual conduct involving persons under the age of 18 years. Child pornography images are not a victimless offence, as some have argued. Every child abuse image is evidence of the commission of a serious crime. Apart from the child victim, parents and relatives are victimised as they suffer the knowledge of the abuse of their child. This activity therefore, has far reaching implications socially.
In addition to various child protection initiatives, the Films and Publications Act has been amended to make the investigation and prosecution of child pornography offenders more effective. According to the Act, it is also an offence to possess, create, produce, distribute, import, access, advertise or promote child pornography images. Each of these acts carries a maximum penalty of 10 years imprisonment. Failure to report knowledge of child pornography images to the police is also an offence. It is also an offence to expose children to pornography. The amendments have brought far-reaching jurisdictional implications. If one commits any of these acts related to child pornography outside South Africa, they may still be prosecuted when they return to the country.