The Film and Publications Board (FPB) is getting the run-around in its efforts to police electronic pornography on the Internet and mobile phones.
In September last year, the FPB gave content providers selling DVDs, or other adult material, online until 31 December to stop trading.
"Distribution of adult material on the Internet is in contravention [of] section 24 of the Films and Publications Act. Anyone distributing after the above set date will be punished accordingly, as stipulated in the Act," the FPB said at the time.
FPB national coordinator for compliance monitoring Yewande Langa says the clampdown was one of a series of measures to keep porn out of the hands of children.
A study last year showed that up to 70% of teens who had access to the Internet had been exposed to pornography. Research conducted for the US Department of Justice last year found 1.1% of Internet content was pornographic.
SA`s Film and Publication Act restricts access to adult content to those 18 years and older. Many experts consider exposing children to adult content as a form of abuse and some argue those doing so could be charged with indecent assault.
No enforcement
The law also requires adult content sold over the Internet or mobile platform to be pre-approved for distribution by the FPB. Failure to do so is also an offence. One Webmaster, previously associated with such sites, says, to his knowledge, there is still no mechanism in place for content providers to have material approved for distribution, effectively meaning it cannot be done lawfully.
However, a quick search of the Internet this morning found several sites with .za domain names are still active and selling adult material online. The Webmaster says the deadline came and went, and 10 months later he is not aware of any prosecutions.
Langa says the FPB has so far met the IT division of the police`s specialised commercial crime unit to ask it to close down sites selling pornography in contravention of Section 24. "They advised us to meet with platform providers such as Vodacom, MTN and ask them to close down pornography sites hosted on their platforms," she says.
"We have since met with the said platform providers and the challenge is that they are not allowed to check the content of whoever wants to use their platform. And further to that, the board needs to advise them of the sites selling pornography."
Langa says the FPB has also met the country`s commercial banks to discourage them from facilitating payments for such sites.
The FPB`s trouble in enforcing existing law comes as an amendment to the Film and Publication Act winds its way through Parliament. The Amendment Bill seeks to fight child pornography and keep porn out of the hands of children, but opponents say it is "overkill" and amounts to the re-imposition of censorship.
Related stories:
Adult sites face prosecution
Steamy cellphone pics could mean cell time
NPA ambiguous on adult sites
Share