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‘Flawed’ publications Bill becomes law

1st September 2009

By: Sapa

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The Films and Publications Amendment Bill, described by critics as deeply flawed and unconstitutional, has been signed into law.

The measure was promulgated in the Government Gazette last week.

When it was introduced in 2006, the media industry protested that it paved the way for prepublication censorship and criminalised free expression.

Although a version was approved by Parliament, then President Kgalema Motlanthe in January this year decided not to sign it into law, and referred it back to the Legislature.

Raymond Louw
, deputy chair of the South African chapter of the Media Institute of Southern Africa, said on Monday that Parliament had not made any substantive changes to that version.

"We deplore the fact that the Bill has been signed into law, because it will bring a range of problems for the media generally," he said.

Head of the media freedom committee at the South African National Editors Forum Thabo Leshilo said he had not seen a gazetted version of the Act.

"We need to look at the published Act, thereafter, we will give a considered response," he said.

The Department of Home Affairs introduced the Bill partly in a bid to combat child pornography.

Critics said however it paved the way for pre-publication censorship, and that an exemption for newspapers who fell under the press ombudsman left more than 500 other newspapers and publications out in the cold.

Critics also expressed concerns at clauses aimed at limiting publication of propaganda for war, incitement to violence, and the depiction of sexual conduct.

The incitement to violence clause, they said, could be used to curtail reporting on service delivery protests.

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