Child Online protection and curbing child pornography in South Africa

1. Child Online protection and curbing child pornography in South Africa Film and Publication Board 06th September 2011

2. FPB Mandate

3. Classification PUBLICATIONS MOVIES GAMES

4. Classification L :STRONG LANGUAGE Warns about swearwords, profanity and abusive or aggressive language usage V : VIOLENCE Indicates scenes of brutality, gore, physical abuse, torture or other forms of harm P : PREJUDICE Gender, religious and race issues may be explored in the film N: NUDITY S: SEX

5. Children and Technology in SA

6. FPB Research - overview • > 50% of youth own cellphones, (*smart phones *) (including rural communities) • Daily internet access, through cellphones • Internet Usage: access and post info, download content, play games, mostly at home or school • Cellphone usage: prepaid contracts, mostly at home, calls, messages, chat or internet access

7. Children and Cybersafety

8. Dangers in cyberspace • Creation, possession and distribution of child pornography by children (cellphones and social networks) • Exposure of children to inappropriate material through new technologies: (internet, cellphones, social networks, chatrooms, etc) • Sexual Exploitation of children in images on the internet & cellphones • ID Theft and Online safety • Cyber bullying (emails, social networks, websites e.g. Outoilet) • Addiction (Technology and pornography • Abduction • Grooming

9. Child Online Protection - Challenges • Easy accessibility of internet to children • Unmonitored use of internet by children • Culprits: Cellphones, social networks and chat services • Lack of awareness by children on safety issues • Children engage in dangerous behaviour on the internet • Easy distribution of User generated content by children including child pornography

10. Online Child protection - Challenges • Creation, access and distribution of inappropriate including pornographic content by children • Children posing as adults and consuming inappropriate content online • Generation gap (parents not coping with technological developments) • Cyber bulling (emerging challenge) • Disruption of school time (teachers and children)

11. Child Online Protection - Milestones

12. Milestones • Legislation in place, Entity focussing on online child protection (some gaps) • Online and telephonic Reporting Facility linked to police and international networks • Awareness programs for parents, learners and teachers (limited reach) • Research

13. Milestones (continued) • Partnerships with Law enforcement • Partnership with other government departments • Global partnerships • Partnerships with civil society • Partnership with industry

14. Child Online Protection – Regulatory Framework and international instruments

15. International Framework • UN Convention on the Rights of the Child • Spells out the human rights of children: • The right to survival, to develop to the fullest, to be protected against abuse and exploitation, to receive protection from harmful influence. • African Charter on the Rights and Welfare of the Child • African Nations have adopted this Charter, which commits them individually and collectively to take necessary steps and measures( legislative and others) to ensure the protection, survival and development of the African child in conformity with the provisions of this charter.

16. Legislative Framework • International Labour Organization(ILO) 182 on the Elimination of the worst forms of Child Labour: Ratifying governments have to take measure to abolish the worst forms of child labour. • Optional Protocol on child prostitution, child labour, child pornography: The Protocol focuses on the criminalization of serious violation of children's rights: the sale of children, illegal adoptions, child prostitution and pornography.

17. Legislative Framework : • The Constitution of the Republic of South Africa of 1996 The Bill of Rights entrenched in the Constitution provides for the protection, promotion and respect for the human rights of all South Africans. Section 28(1) deals particularly with the rights of children. • Children's Act 38 of 2005: The Act is the primary statute for the protection of children and young people. It provides for the investigation of cases of alleged abuse, neglect and exploitation

18. Legislative Framework • Sexual Offences Act 23 of 1957, as amended Act covers some specific aspects and forms of child sexual abuse. including child pornography and grooming. • Films and Publications Act 65 of 1996 , as amended The interest of the child are paramount in this Act. Protection of children from exposure to disturbing and harmful material. It also punishes the use of children to produce pornography

19. Films and Publications Act • Criminalizes the creation, possession and distribution of child abuse images (child-pornography) • Any image or description of a person who is under the age of 18 years or made to appear, look like or described as a person under that age, engaged in any form of sexual conduct. • The Act does not distinguish between images created by the use of real children and products of the imagination, including “virtual” child-pornography created by using sophisticated computer graphics.

20. Regulatory Framework: FP Act • Creation, possession and distribution of child pornography • Exposure of children to inappropriate material • ISPs – registrations • Sexual Exploitation of children in images on the internet • Social Networks – obligations to self regulate to ensure children are protected

21. Regulatory Framework: ISPs • ISPs, must do all in its powers and take reasonable steps to prevent its service being used for illegal processes • Must report internet address to SAPS • Preservation of evidence • Prevent access to the internet service referred to above

22. Law enforcement and reporting • National Online and telephonic hotlines • Established in 2008 (online) • Full member of INHOPE • Formalised relations with SAPS (draft MOU) • Approximately 200 cases received on online hotline

23. Law enforcement and Reporting • Role of hotline • (receive reports, report to police and other hotlines globally) • Information sharing • Cases Reported • Approximately 200 cases, not always child pornography, • Mainly hosted in other countries • Reported to police and police

24. CHILD ONLINE PROTECTION - Possible Future Interventions

26. THANK YOU Film and Publication Board 87 Central Street, Houghton, 2198 South Africa Tel: +27 (11) 483-0971 Fax: +27 (11) 483-1084 www.fpb.gov.za