Child porn charges stand
2003-04-24 21:52
Philip de Bruin
Johannesburg - Paintings, pictures or images of sexual acts involving children under the age of 18 have been part and parcel of certain artists' work for centuries, but in South Africa it is illegal for artists to create something like this.
This was the argument presented in the Constitutional Court in the defence of Tasco de Reuck, 29, a television producer, who was arrested earlier for having more than 3 000 child pornography images in his possession.
De Reuck managed to temporarily escape prosecution when he applied in the Rand High Court to have certain sections of the Films and Publications Act declared unconstitutional. He argued that bona-fide researchers, like him, were being nabbed under the act.
The High Court rejected his application and De Reuck is now asking for leave to appeal in the Constitutional Court. His application will be heard in May.
De Reuck's counsel argued that the section 27 of the act was too wide and even prohibited actors over the age of 18 from playing the roles of children younger than 18 involved in sexual acts.
De Reuck said the act "irrationally and unfairly" banned artists from painting teenage sex, even without models. He claimed that he was opposed to photographing children involved in sexual acts.
The office of the public prosecutor said in its counter argument that section 27 of the act was warranted because of the evil of child pornography.
The state claimed that it was a small price to pay for bona fide researchers to apply to the Publications Board for permission to legally possess child pornography.
- Beeld