CENSORSHIP MEDIA LAW OUTCOMES Define the concept censorship

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CENSORSHIP MEDIA LAW

CENSORSHIP MEDIA LAW

OUTCOMES • • Define the concept “censorship” Discuss the various forms of censorship Discuss

OUTCOMES • • Define the concept “censorship” Discuss the various forms of censorship Discuss the regulation of pornography in South Africa Discuss how indecent, obscene and pornographic matter is regulated in South Africa

WHAT IS CENSORSHIP? The Oxford dictionary defines a censor as:

WHAT IS CENSORSHIP? The Oxford dictionary defines a censor as:

CENSORSHIP

CENSORSHIP

TYPES OF CENSORSHIP • State censorship – where the State imposes restrictions • Self-regulation

TYPES OF CENSORSHIP • State censorship – where the State imposes restrictions • Self-regulation – where an individual or community or group imposes restrictions • Prior restraint – the restriction of speech or expression by a Sate official before it enters the public domain

STATE CENSORSHIP • • Restriction imposed by State Freedom of expression constitutionally entrenched Balancing

STATE CENSORSHIP • • Restriction imposed by State Freedom of expression constitutionally entrenched Balancing of interests Society dictates values and morals • Child pornography • (Generally) no State censorship in SA

SELF-REGULATION • • Self censorship Used fairly extensively in South Africa Not subject to

SELF-REGULATION • • Self censorship Used fairly extensively in South Africa Not subject to legal restraint (voluntary) Examples • South African Press Code • Code of Advertising Practice

PRIOR RESTRAINT • Pre-publication checking of matter • Undesirable as secretive, easy to remove

PRIOR RESTRAINT • Pre-publication checking of matter • Undesirable as secretive, easy to remove anti-government opinions, heavy handed etc • Only films subject to prior restraint in SA • Film & Publications Board

SOUTH AFRICAN APPROACH • Films etc – prior restraint • Films and Publications Act

SOUTH AFRICAN APPROACH • Films etc – prior restraint • Films and Publications Act 65 of 1996 • Printed matter • On complaint