STUDENT NUMBER: 65152999

MODULE NAME: CML1501

MODULE CODE: 615705

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 DECLARATION OF OWN WORK
I, Thabo Mogotlane confirm that:

 this MODULE contains my own, original ideas and work

 those ideas, or work, that are not my own, have been cited through
the prescribed referencing system which I have
familiarised myself with in Tutorial Letter CMNALL/E/301

 I have not submitted the ideas or work contained in this MODULE for
any other tertiary education credit

 I have read the University’s Policy of Research Ethics

 I have read and understood the PLAGIARISM POWERPOINT FOR
UNDER- GRADUATE STUDIES (available under “Additional
Sources” on myUnisa)
I have familiarised myself with the library guides ON PLAGIARISM
AND ETHICS offered by Unisa’s library:
https://libguides.unisa.ac.za/research-support/plagiarism
TABLE OF CONTENTS
 I have read and understood Unisa’s Policy for Copyright
Infringement and Plagiarism, and I am aware that plagiarism is
1. Introduction___________________________________________ 3
punishable in terms of the Copyright Act 98 of 1978 and I have read
the regulations of the University of South Africa in this respect,
available online:
https://www.unisa.ac.za/static/corporate_web/Content/Apply%20for%2
0admission/Docum
ents/Policy_copyright_infringement_plagiarism_16November2005.pdf

65152999

STUDENT NUMBER

9 April 2024

SIGNATURE DATE

Martha Mogotlane 9 April 2024

WITNESS DATE

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 Table Of Content

1. Introduction_________________________________________________
4

2. Historical background_______________________________________
5

2.1. The historical development of censorship__________________ 5

3. Classification Process____________________________________ 5

3.1. Classification process in South Africa________________________

5

4. Amendments______________________________________________7

4.1. Proposed amendments_________________________________ 7

4.2. Reaction to censorship__________________________________7

5. Conclusion_______________________________________________8

Sources Consulted__________________________________________ 9

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Introduction:

The regulation of media content, particularly in the realm of films, games, and
publications, has long been a subject of debate and contention globally. In
South Africa, this discourse has been amplified with the introduction of the
Films and Publications Amendment Act 11 of 2019, which seeks to address
concerns surrounding the exposure of children to potentially harmful or
age-inappropriate material. This legislation reflects the ongoing effort to
balance the protection of children with the preservation of freedom of speech
and expression, highlighting the intricate relationship between censorship,
child welfare, and individual rights. As the country navigates these complex
issues, it is essential to examine the historical context, legal frameworks, and
societal implications surrounding the classification and regulation of media
content in South Africa.

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1. Historical development of censorship:

Censorship has evolved throughout history from ancient Greek civilization to

the Middle Ages, where the ruling class suppressed public criticism. The
printing press's invention in 1476 facilitated rapid communication and led to the
rise of the newspaper industry. In the 17th century, the British government
implemented strict licensing to control the press, while figures like John Milton
advocated for freedom of speech. Censorship persisted through punishments
like fines, imprisonment, and even execution for dissenting views. However,
censorship gradually waned in Britain by 1694, and the concept of freedom of
speech spread to the American Colonies, although it faced challenges such as
Nazi censorship in Germany during the 20th century.

2. Current Classification process in South Africa:

According to the FPB...

The mandate of the Film and Publication Board is to regulate the creation,
production, possession and distribution of films, games and certain
publications to:
 Provide consumer advice to enable adults to make informed viewing,
reading and gaming choices, both for themselves and for children in their
care;

 Protect children from exposure to content that can be potentially disturbing,

harmful or inappropriate for children below a specified age; protect children
from premature exposure to adult experiences, and

 Make the use of children in and the exposure of children to pornography

punishable.

Consideration during classification has to adhere to various legal and

regulatory frameworks including, but not limited to, the Films and Publications
Act, Promotion of Administrative Justice Act and the Constitution of South
Africa.

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In making a classification decision, the best interest of children are paramount,
and must aim to strike a reasonable balance between competing rights and
interest as set out in the Bill of Rights. The classification decision is therefore
not taken lightly as the Film and Publication Board is accountable to the
general public.

The guiding principles of the classification decision in determining and

assigning of appropriate age ratings and consumer advisories must consider
the context, impact and release format of the material.

The process of classification entail constituting a Classification Committee

consisting of three members representative of the larger South African society
in its racial, linguistic, gender and age categories.
Whilst viewing the content of classifiable materials from beginning to end, the
Committee applies the Classification Guidelines of 2014 to assess the overall
impact of the themes in its context and within the genre of the materials. The
Classification Guidelines are formulated through a public consultative process
and consider empirical research in determining what is suitable for children at
specific stages of development. It is the ultimate intention of the Board to
ensure that children, especially the younger ones are not exposed to content
they are not yet able to comprehend.

In addition, the Committee assesses the classifiable elements in the material

that would warrant the consumer advise being criminal techniques ‘CT’,
substance abuse ‘D’, horror ‘H’, imitative acts and techniques ‘IAT’,
language ‘L’, nudity ‘N’, prejudice ‘P’, sexually-related activities and sexual
conduct ‘S’, sexual violence ‘SV’ and violence ‘V’; with voluntary elements of
blasphemy ‘B’ and photo or pattern sensitivity, motion sickness and reactions
to low frequency sound ‘PPS’.

The impact of the classifiable elements is assessed on a sliding scale from

none present (least restrictive age rating of A) to very strong (most restrictive
age rating of 18); presumptively harmful ‘X18’, and material that would result i
refused classification ‘XX’.

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3. Proposed Amandments
(a) The proposed amendments to the Films and Publications Act, as outlined
in the Films and Publications Amendment Act 11 of 2019, appear to be aimed
at addressing concerns related to the protection of children from potentially
harmful or inappropriate content. By seeking to regulate the creation,
production, possession, and distribution of films, games, and certain
publications, the amendments demonstrate a commitment to safeguarding the
well-being of children and ensuring that they are not exposed to material that
may be detrimental to their development. Additionally, the emphasis on
providing consumer advice to enable adults to make informed viewing, reading,
and gaming choices aligns with the principle of promoting responsible
consumption of media content. However, it is essential to ensure that these
amendments strike a balance between protecting children and upholding the
right to freedom of expression, as enshrined in the Constitution of South Africa.
(b) The reaction to the proposed amendments has been mixed, with some
organisations criticising them as unconstitutional and as potential threats to
freedom of speech. These critics argue that the amendments may lead to
censorship and limit artistic freedom. On the other hand, the Department of
Home Affairs has defended the amendments as necessary measures to
protect children from exposure to harmful content. The debate surrounding
these amendments highlights the complex and nuanced nature of regulating
media content, particularly concerning issues of censorship, freedom of
expression, and child protection. It is crucial for stakeholders to engage in
constructive dialogue to ensure that any changes to the legislation effectively
balance these competing interests and uphold the rights of all parties involved.

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Conclusion:

In conclusion, the proposed amendments to the Films and Publications Act

represent a significant step towards modernising the regulatory framework
governing media content in South Africa. By prioritising the protection of
children and providing consumer advice, these amendments demonstrate a
commitment to fostering responsible media consumption and safeguarding the
well-being of young audiences. However, the reaction to these amendments
underscores the need for careful consideration and robust debate to ensure
that they strike the right balance between child protection and freedom of
expression. Moving forward, stakeholders must engage in constructive
dialogue to address concerns and ensure that any changes to the legislation
uphold the fundamental rights and values enshrined in the Constitution of
South Africa.

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Sources Consulted:

Film & Publication Board. (2019). Regulation: "Films and Publications

Amendment Act 3 of 2009." Communication and Technologies. Available [O]
https://www.fpb.org.za/classification/ Accessed: 25 March 2024

MacCormick, D.N. 1978. "Privacy and Obscenity." Censorship and Obscenity.

Ed. Rajeev Dhavan and Christie Davies. London: Martin Robertson. 76-97.

Bitso, C. and Fourie, I. 2013. Trends in transition from classical censorship to

internet censorship: the case of South Africa. Progress in Library and
Information Science in Southern Africa (ProLISSA) Conference. 7-8 March
2013. Pretoria, South Africa.

Global Internet Liberty Campaign. 2003. What is Censorship? [Online].

http://gilc.org/speech/osistudy/censorship/ (13 November 2012).

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