Date: 19/02/2004
Source: Ministry of Home Affairs
Title: N Mapisa-Nqakula: Debate on Film & Publication Amendment Bill, NA
SPEECH BY MS N MAPISA-NQAKULA, SOUTH AFRICA'S DEPUTY MINISTER FOR HOME AFFAIRS, ON THE OCCASION OF THE SECOND READING DEBATE FOR THE FILM AND PUBLICATION AMENDMENT BILL, NATIONAL ASSEMBLY, 19 February 2004
Madame Speaker
Honourable Minister of Home Affairs
Honourable Members
Friends
In July last year James McNeal was found guilty and sentenced to five years in prison for possession of 4 200 images of child pornography and ten video clips of the same material in the much publicised "Father Christmas" case. He is now serving his sentence at the Pollsmore prison, where at least for five years he will not have anything to do with our children.
The case of McNeal, who was 72 at the time of his sentencing, shows the seriousness of the problem that we are encountering in dealing with the abuse of children through the medium of the Internet. That a man old enough to become the grandfather of even most of us could be involved in these acts of cruelty, shows the level of sickness by certain people in our society. It means the danger is real and the solution can no longer continue to be only academic. The many cases that have been reported recently also bring to the fore another reality, that this problem is well and alive in South Africa. It is not just something that is happening many miles away across the sea, but child pornography is a crime with real victims who are South African and therefore the law needs to make it possible for us to protect these children.
After many years and repeated public outcry, the work that has been done has finally resulted in this Bill being presented before the house today. This work has involved consultations with the law enforcement agencies (the prosecutors and the child protection units of the police), the academics, community activists, non-governmental organisations (NGOs), the Internet service providers (ISPs), and before it was finalised, the Bill itself had to go through many versions and redrafting. We are certain that the product that is presented before you today is the one that takes into account all the contributions and that every role player is satisfied that this is the best way we can approach the problem.
As it has already been hinted, the Bill itself aims to make it much more easier for the law enforcers to bring to book those who are online paedophiles. It seeks to bring under the regulation of the Act the ISPs and to create liability and obligations on their part to help reduce the scourge of child abuse online. We intend through this Bill, to increase the maximum sentence for such crimes from five years to ten years, while at the same time removing child pornography from any category of classifiable material both in film and the Internet, so that it is purely regarded as criminal in terms of the law. In line with the recommendations of the King report, we also intend to make structural changes in the composition of the Film and Publication Board.
Additional to fighting child pornography on the Internet, we will also ensure that children are protected from harmful material. In this regard we will make punishable for adults, including parents who do not take reasonable steps to ensure that if they are in possession of ordinary pornographic materials, children should not have access to such images.
We are of the opinion that this law is more than overdue. We are also very optimistic about the possibilities for a much more vigorous approach in our fight against these paedophiles as a result of these amendments. One of the immediate benefits of this amendment is that we will be able to work hand in hand with the ISPs in launching a public hotline through which the public can report violations of the Act both in the Internet and in film, including other materials such as interactive games, magazines and DVDs.
We are happy to announce as part of this process that the hotline will be up and running at the end of April 2004, and I have been given the undertaking by the Board that all preparations are being made to ensure that we meet this deadline.
In particular, I will like to emphasise the amendment that deals with section 27 of the Act, which is the area where we have had some difficulty during our consultation process with other role players, particularly with the ISPs. I am also happy to say that all these difficulties have now been ironed out.
The section itself deals with the definitions of possession and the creation of child pornography. I am singling this one out for the reason that there are others in our society who have argued that simply because they are in research, or art they should be allowed their constitutional rights to keep child pornography and if these amendments were to deny them that right, then the state would be trampling on the Constitution of our country. We are of the view that in line with the judgement of the Constitutional Court in the De Reuck case that such restrictions do in fact satisfy the limitation analysis stemming from the provisions of our constitution and that the protection of our children should in terms of the law supersede everything else. That is what government has in mind when we present this Bill to you here today.
Let me reiterate our commitment to the protection of such important rights like the right to freedom of expression and the right to privacy as enshrined within our Constitution. I must however stress that we feel that the limitation of these rights, which is also provided for in the Constitution, is clearly justifiable when it comes to the protection of our children.
Currently the Department of Education in the Gauteng Province is busy with the final roll out for computers in schools through the Gauteng Online project. This is going to make computers and the Internet available to thousands of students in the schools making each one of them and their teachers possible victims of cyber crime, including access to pornography or as subjects of child abuse online. Due to these and other developments in the homes and at the workplaces, we have decided that the Board should conduct Internet safety for schools in all provinces.
Child pornography or the abuse of children online, is only but one of the pervasive and deep-rooted problems of sexual abuse of children. The protection of our children needs to be holistic, and that is why we believe that Parliament's support of legislation such as this one is paramount.
It should be important for us that children should feel safe and be allowed the right to grow up in a society free from violence, abuse, hunger and injustice.
Children are the most vulnerable of our society. The only protection they can ever know is that which we as parents can provide them. I am sure that in our conscience it should count a lot that we go to sleep knowing that today we made a difference. That the humiliation, suffering and pain of a child, even if it is one child, can be avoided as a result of what we are doing here right now. This plea I make to all of us here today in appreciation of our duty to society, not only as public representatives, but as parents as well.
I thank you.
Issued by: Ministry of Home Affairs
19 February 2004
Source: Ministry of Home Affairs
Title: N Mapisa-Nqakula: Debate on Film & Publication Amendment Bill, NA
SPEECH BY MS N MAPISA-NQAKULA, SOUTH AFRICA'S DEPUTY MINISTER FOR HOME AFFAIRS, ON THE OCCASION OF THE SECOND READING DEBATE FOR THE FILM AND PUBLICATION AMENDMENT BILL, NATIONAL ASSEMBLY, 19 February 2004
Madame Speaker
Honourable Minister of Home Affairs
Honourable Members
Friends
In July last year James McNeal was found guilty and sentenced to five years in prison for possession of 4 200 images of child pornography and ten video clips of the same material in the much publicised "Father Christmas" case. He is now serving his sentence at the Pollsmore prison, where at least for five years he will not have anything to do with our children.
The case of McNeal, who was 72 at the time of his sentencing, shows the seriousness of the problem that we are encountering in dealing with the abuse of children through the medium of the Internet. That a man old enough to become the grandfather of even most of us could be involved in these acts of cruelty, shows the level of sickness by certain people in our society. It means the danger is real and the solution can no longer continue to be only academic. The many cases that have been reported recently also bring to the fore another reality, that this problem is well and alive in South Africa. It is not just something that is happening many miles away across the sea, but child pornography is a crime with real victims who are South African and therefore the law needs to make it possible for us to protect these children.
After many years and repeated public outcry, the work that has been done has finally resulted in this Bill being presented before the house today. This work has involved consultations with the law enforcement agencies (the prosecutors and the child protection units of the police), the academics, community activists, non-governmental organisations (NGOs), the Internet service providers (ISPs), and before it was finalised, the Bill itself had to go through many versions and redrafting. We are certain that the product that is presented before you today is the one that takes into account all the contributions and that every role player is satisfied that this is the best way we can approach the problem.
As it has already been hinted, the Bill itself aims to make it much more easier for the law enforcers to bring to book those who are online paedophiles. It seeks to bring under the regulation of the Act the ISPs and to create liability and obligations on their part to help reduce the scourge of child abuse online. We intend through this Bill, to increase the maximum sentence for such crimes from five years to ten years, while at the same time removing child pornography from any category of classifiable material both in film and the Internet, so that it is purely regarded as criminal in terms of the law. In line with the recommendations of the King report, we also intend to make structural changes in the composition of the Film and Publication Board.
Additional to fighting child pornography on the Internet, we will also ensure that children are protected from harmful material. In this regard we will make punishable for adults, including parents who do not take reasonable steps to ensure that if they are in possession of ordinary pornographic materials, children should not have access to such images.
We are of the opinion that this law is more than overdue. We are also very optimistic about the possibilities for a much more vigorous approach in our fight against these paedophiles as a result of these amendments. One of the immediate benefits of this amendment is that we will be able to work hand in hand with the ISPs in launching a public hotline through which the public can report violations of the Act both in the Internet and in film, including other materials such as interactive games, magazines and DVDs.
We are happy to announce as part of this process that the hotline will be up and running at the end of April 2004, and I have been given the undertaking by the Board that all preparations are being made to ensure that we meet this deadline.
In particular, I will like to emphasise the amendment that deals with section 27 of the Act, which is the area where we have had some difficulty during our consultation process with other role players, particularly with the ISPs. I am also happy to say that all these difficulties have now been ironed out.
The section itself deals with the definitions of possession and the creation of child pornography. I am singling this one out for the reason that there are others in our society who have argued that simply because they are in research, or art they should be allowed their constitutional rights to keep child pornography and if these amendments were to deny them that right, then the state would be trampling on the Constitution of our country. We are of the view that in line with the judgement of the Constitutional Court in the De Reuck case that such restrictions do in fact satisfy the limitation analysis stemming from the provisions of our constitution and that the protection of our children should in terms of the law supersede everything else. That is what government has in mind when we present this Bill to you here today.
Let me reiterate our commitment to the protection of such important rights like the right to freedom of expression and the right to privacy as enshrined within our Constitution. I must however stress that we feel that the limitation of these rights, which is also provided for in the Constitution, is clearly justifiable when it comes to the protection of our children.
Currently the Department of Education in the Gauteng Province is busy with the final roll out for computers in schools through the Gauteng Online project. This is going to make computers and the Internet available to thousands of students in the schools making each one of them and their teachers possible victims of cyber crime, including access to pornography or as subjects of child abuse online. Due to these and other developments in the homes and at the workplaces, we have decided that the Board should conduct Internet safety for schools in all provinces.
Child pornography or the abuse of children online, is only but one of the pervasive and deep-rooted problems of sexual abuse of children. The protection of our children needs to be holistic, and that is why we believe that Parliament's support of legislation such as this one is paramount.
It should be important for us that children should feel safe and be allowed the right to grow up in a society free from violence, abuse, hunger and injustice.
Children are the most vulnerable of our society. The only protection they can ever know is that which we as parents can provide them. I am sure that in our conscience it should count a lot that we go to sleep knowing that today we made a difference. That the humiliation, suffering and pain of a child, even if it is one child, can be avoided as a result of what we are doing here right now. This plea I make to all of us here today in appreciation of our duty to society, not only as public representatives, but as parents as well.
I thank you.
Issued by: Ministry of Home Affairs
19 February 2004
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