Download
1 / 13
130 likes | 161 Views
Presentation to PC Justice & Constitutional Development Mr. Dumisani Rorwana Manager: Legal Affairs. Mandate. regulates the creation, production, possession and distribution of films, games and certain publications in order to;
E N D
Presentation to PC Justice & Constitutional Development Mr. Dumisani Rorwana Manager: Legal Affairs
Mandate • regulates the creation, production, possession and distribution of films, games and certain publications in order to; • Provide consumer advice to enable adults to make informed viewing, reading and gaming choices for themselves and children in their care. b) protects children from exposure to disturbing and harmful material and from premature exposure to adult material c) makes the use of children in and exposure of children to pornography punishable
classification • What is it? • Getting the Age Appropriateness in films right • Identification of established and researched elements in films • Which may have negative psychological effects on people of certain ages • Advice to consumers of films on content
Films X18 – Explicit Sexual Content XX – Child Porn, Violent Sexual Conduct, Bestiality etc. Sexual exploitation of children and women occurs during production of the XX category. Classification • How its done • An impact assessment process • Assess potential effect on viewers of; - different ages - levels of maturity • Impact of a classifiable element • Effect of a single element • Cumulative effect of a number of elements.
Common objective Combat use of women and children (TIP & FP acts) as well as men (SORMA) in the production of pornography for financial gain. Films, Exploitation & Trafficking • Sexual exploitation • Trafficking women and children for pornographic films • Definition of Sexual exploitation in the Sexual offences Act • Definition of Child Porn in the FP act. • One objective – To deal with sexual exploitation.
Forced Labour To adopt the definition of the International Convention on the Worst forms of Labour; All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage forced and compulsory labour Commercial sexual exploitation of children Involvement of children in other illicit activities such as drug trafficking Definitions – Section 1 • Exploitation • To be expanded to include • The removal and sale of body parts and organs • Illegal adoption
Trafficking Due to their vulnerability children may not necessarily be threatened to be trafficked Threats of harm or force may be difficult to prove when it comes to children Definitions – Section 1 • Trafficking • Include a provision relating to children, people under 18 years. • Trafficking of children may not necessarily involve any of the means in current definition. • Should be enough to prove that a child has been moved away from her usual place of stay • Subsequently exploited in any ways provided for in the act
S.3(1)(a) especially women and children and other vulnerable groups. S.3(1)(a)(iv) agencies and victim support services. Section 3 • Sub heading to read • Public Awareness and education. • S. 3(1) establish public awareness and educational programmes. • For the prevention, protection and suppression.
Section 3 • Additional clause 3(1)(d) – • Inform and educate law enforcement, social welfare, health, education, labour, immigration, border control, home affairs, justice, trade, municipal officials, practitioners, government on; • The phenomenon, nature, methodology and practise of trafficking in persons b) The forms of abuse and exploitation to which victims of trafficking may be subjected to • Law enforcement agencies and victim support services d) Measures to prevent, identify, report and manage trafficking in persons.
Section 3 • Public Awareness and Educational measures- • Trafficking phenomenon is fairly unknown • Awareness and training to be as wide as possible • Public officials also require training and awareness
Section 8 • S.8(2) Provision for ISP’s • Welcome provision • Far reaching, to hit them where it hurts the most at their pockets • Synergy between the ISP provision in the FP act
Conclusion • FPB welcomes and supports the overall intent and purpose of the Bill especially the victim rehabilitation approach the bill takes. • Bill is biased towards the victim and is a welcome departure from our criminal justice system which because of its adversarial nature looks at punishing the perpetrator and makes no provision for rehabilitation and compensation of the victim. Thank you.
