SA PLAN TO BAN INTERNET PORN

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Dep. Minister of Home Affairs Malusi Gigaba

The South African government is considering a proposed draconian bill to block all adult material on the internet and cell-phones in South Africa.

This according to the Department of Home Affairs, which said that it met with the Justice Alliance of South Africa (JASA) last week.

The JASA describes itself as “a coalition of corporations, individuals and churches committed to upholding and fighting for justice and the highest moral standards in South African society”.

In a statement, the department announced that the JASA presented the Deputy Minister of Home Affairs, Malusi Gigaba, with the “Internet and Cellphone Pornography Bill” which proposes that pornography be filtered out at tier one service providers to avoid it entering the country.

“The current legislation, particularly the Film and Publication Act, provide of the ban (sic) of child pornography whereas the proposed Internet and Cellphone Pornography Bill provides for the total ban of pornography on these electronic channels using the wider definition of pornography already available in the Sexual Offence Act,” said the department.

It added: “There is clear evidence of the constitutionality of such an exercise as expressed in the constitution that, ‘A child’s best interests are of paramount importance in every matter concerning the child.’ Hence other rights such as freedom of expression cannot be seen to be absolute. They have to be weighed against the interests of children.”

The Deputy Minister has already requested the Law Reform Commission (LRC) to provide advice on the legal and constitutional implications of such legislation and is awaiting the LRC’s response.

Gigaba said, “Cars are already provided with brakes and seatbelts, it is not an extra that consumers have to pay for. There is no reason why the internet should be provided without the necessary restrictive mechanisms built into it.”

It was agreed at the meeting that the JASA will have further meetings with the Film and Publication Board (FPB) to explore the draft bill.

If South Africa were to ban access to pornographic sites on the internet it would join a number of totalitarian states and territories that impose restrictions on their citizens’ online freedom including China, Yemen, Saudi Arabia, Singapore, the United Arab Emirates, Vietnam and the Gaza Strip.

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