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Transformation, Gender and the Media Dialogue – Media Freedom Day

Transformation, Gender and the Media Dialogue – Media Freedom Day. Presented by: Yoliswa Makhasi Chief Executive Officer Film and Publication Board. 1. About the Film and Publication Board.

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Transformation, Gender and the Media Dialogue – Media Freedom Day

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  1. Transformation, Gender and the Media Dialogue – Media Freedom Day Presented by: Yoliswa Makhasi Chief Executive Officer Film and Publication Board

  2. 1. About the Film and Publication Board • Public entity established in term of Films and Publications Act 65, 1996; amended in 2004 (amended in 2009) • Formerly the Censorship Board under the Apartheid era, and transformed to the FPB • Executive Authority is the Department of Home Affairs • concerned with classification, not censorship “We inform, You choose” • We do not make a judgement call on the content of the material presented to us, but look at classifiable elements* • Child pornography and bestiality banned as per provisions of the Act.

  3. 2. Our mandate

  4. 3. A HIGHLIGHT OF KEY AMENDMENTS

  5. 3.1 Purpose of the Amendments • Amend the Film and Publication Act 65 of 1996, so as to insert, amend and delete certain definitions • Establish and provide for the powers of the Council • To provide for appointment and functions of compliance officers • To provide for the composition, functions and management of the Board • To repeal the schedules of the Act • To provide for matters connected therewith

  6. 3.2 Compliance and Classification • regulation of ISPs, chatrooms and related platforms. They are required to take responsibility for content transported through, or hosted by these channels. • Provides clarity on the role of compliance officers, however does not empower compliance officers with powers to seize materials that is non compliant, this can be done only by members of SAPS.

  7. 3.3 Compliance and Classification • Provides for classification requirements for publications (other than a bona fide newspaper, that is published by a body recognised by the Ombudsman) • Sect. 16 (1) ‘Any person may request, in the prescribed manner, that a publication, other than a bona fide newspaper that is published by a member of a body, recognised by the Press Ombudsman, which subscribes and adheres to a code of conduct that must be enforced by that body, which is to be or is being distributed in the Republic, be classified in terms of this section. • Sect. 16 (2) states that any person, except the publisher of a newspaper contemplated in subsection (1), who, for distribution or exhibition in the Republic creates, produces, publishes or advertises any publication that:

  8. 3.4 Compliance and Classification • Contains sexual conduct which: • Violates or shows disrespect for the right to human dignity of any person; • Degrades a person; • Constitutes incitement to cause harm b) advocates propaganda for war; c) incites violence; d) advocates for hatred based on any identifiable group characteristic and constitutes incitement to cause harm shall submit, in the prescribed manner, such publication for examination and Classification to the Board before such publication is distributed, exhibited offered or advertised for distribution.

  9. 3.5 Child Protection • Broadens definition of child pornography * • creates new offences against using information and communication technologies to “groom” children for sexual abuse and exploitation • separates the prohibitions (creation, possession and distribution) on child pornography into different offences, and • increases the maximum penalties for the different offences.

  10. 4. Implications of the Amendments • Encourages distributors (including publications) to be responsible in their day to day business • Protection; and empowerment of children in their engagement with new media platforms • Empowerment of parents (women) in engaging with new media platforms.*

  11. 5. Other matters • Provides for establishment of a fully fledged Council, which should bring together a variety of skills and expertise from the various sectors the FPB engages with, and regulates. These include the publications and films industry. • Establishes the Appeals Tribunal to replace the current existing Review Board

  12. 4. Way forward 1. Draft regulations stage 2. Engagement with stakeholders re: draft regulations (esp. the publications and ISPs) 3. Amendments will be implemented once the regulations are gazzeted. 4. Capacitate and strengthen the FPB classification systems and processes, including the Appeals Tribunal in order to respond to the Amendments

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