Parts of Media Act unconstitutional

2012-09-29 08:08
Camera (Supplied)

Camera (Supplied)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The SA National Editors' Forum (Sanef) on Friday welcomed the Constitutional Court's ruling that amended sections of the Films and Publications Act were unconstitutional.

"Sanef is delighted with the judgment," it said in a statement.

"It represents an important affirmation of the principle that pre-publication restraints on speech are particularly constitutionally offensive, and that robust protections for free speech are fundamental to our democratic order."

The provisions, introduced in 2010, require that publications - excluding newspapers - are approved before publication if they contain sexual conduct.

Print and Digital Media SA and Sanef argued that pre-publication classification should not be necessary for publications aimed at educating the public or condemning sexual conduct.

The classification process would delay publication and increase production costs because the act required the entire publication be screened and not only the contentious material.

Test-case for freedom of expression

The South Gauteng High Court in Johannesburg previously found the provisions inconsistent with the Constitution.

Sanef said: "The [Constitutional] court found that sections of the [Act] requiring pre-publication classification of material dealing with 'sexual conduct' limited the freedom of expression vital to a democracy and offended against the Constitution."

"It ruled that the limitation was neither proportional to its objectives, nor justifiable, and that less restrictive means could be used to achieve the same outcomes."

While mainstream newspapers were exempted from these rules, all other publications including magazines, books, artworks and internet speech were not, it said.

The requirement to submit for classification before publishing anything containing sexual conduct impacted on all publishers, so this was a victory for the public's right to receive information.

The Constitutional Court's ruling in favour of Sanef and Print and Digital Media SA was a crucial test-case for freedom of expression, Sanef said.

- SAPA

Read more on:    sanef  |  constitutional court  |  media  |  legislation
NEXT ON NEWS24X

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
9 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
 

Zuma: Pray for peaceful polls

President Jacob Zuma has asked members of the Universal Church of the Kingdom of God to pray for peaceful elections on 7 May.

 
 

Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
 
Traffic
Lottery
 
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now!

Kalahari.com - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on kalahari.com. While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as kalahari.com’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Curve 3G 9300

Keep it together Text. Email. Social. With all the different ways to...

From R1399.00

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Self-indulgence may be strong today. You may want to enjoy yourself to the fullest and share it with those that make you feel...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.