Spear: Findings against FPB damning

2012-10-10 22:28

Johannesburg - A tribunal's findings show that the Film and Publication Board (FPB) overstepped it's authority in rulings it made relating to the controversial painting The Spear, which depicts President Jacob Zuma with his genitals exposed.

The Film and Publication Appeal Tribunal on Wednesday set aside the 16N classification of Brett Murray’s controversial painting of the president, after the Goodman Gallery appealed against the rating in September, on the grounds that it was "impermissible and unsustainable".

According to City Press, in its ruling, the tribunal says it appears the FPB attempted to use a section of the act governing its work aimed at protecting children to "vindicate the right to dignity of those who were affronted by the painting".

In terms of the law, the tribunal said, the FPB was not permitted to do so.

The tribunal also found that the board should not have considered the complaint against City Press (for publishing an image of the painting on its website) since the board has no jurisdiction over the newspaper or its website, and that erred in extending its decision to classify The Spear to all websites that had published the image, City Press said.

It found that the classification committee was "heavily influenced ... by the need to affirm the dignity of African males and to protect sensitive persons and children", and that there had been no evidence before the committee that "the painting would be harmful to children on the grounds that it seriously undermines and is insensitive to African culture".

The argument that the presence of nudity in the painting by default deems it "potentially disturbing, harmful or inappropriate to children" is flawed.

"It would mean that every artistic work that contained nudity would be deemed presumptively harmful to children," the tribunal found.

The tribunal did, however, agree that the classification committee's finding that The Spear is not pornographic, was correct.

  • nicholas.graan - 2012-10-10 22:55

    The FPB forgot their role and were trying to curry favour with the Chief ..

      godfrey.welman - 2012-10-10 23:17

      They had no option anc,cosatu and sacp were singing "don't by City Press,dont buy".

      BulletProof. - 2012-10-10 23:51

      In this base the spear must be repainted closer as possible to the original.

  • - 2012-10-10 22:56

    What a bunch of incompetent idiots ... Someone needs to be fired for just plain stupidity… The film and publications board is a joke, it is in a absolute shambles and need a proper audit... I know i have to work with them...

  • singatha.jongihlati - 2012-10-10 22:59

    "Spear" thinking.

  • zamani.myende - 2012-10-10 23:04

    this is victory! what is the 'shower man' hiding?

      Blackpoison - 2012-10-11 06:02

      @zamzni...well, for one...not his tottie, lol

  • gregory.jurgens - 2012-10-10 23:18

    Zuma dictated to the FPB. They had no option, law of the land does not apply to Zuma. Our taxes are his personal bank account.

  • sally.lewitt - 2012-10-10 23:19

    The Spear in the sphere AGAIN? Now that was one of the ugliest paintings I've seen, get a grip! Sies man.. and most definitely NOT porn, just puke! Urgh..

  • andy.t.mcdermott - 2012-10-10 23:24

    fingers pie, in every.....

  • atholl.canterbury - 2012-10-11 00:00

    The FPB have now doubled the value of the painting. The FPB have halved their value of trust, credibility and respect.

  • setshubane.ashley - 2012-10-11 07:11

    I am starting to be afreid, ppl who are governing us they don't know the laws of this country,1 Judge President issue 2,Director of public prosecution 3 FPB,so where are whe going as a country?

      Rafels1 - 2012-10-11 07:19

      You mean "Where have we gone?" Like, down the tubes...?

  • Fox Trixter - 2012-10-11 08:29

    So lets continue to draw each other! cant wait for black vs white paintings! good...

  • lerato.kay.3 - 2012-10-11 08:54

    Only cu#%s are obssessed with Zuma's prick! How can a grown up man celebrate that 12yr old girls can now analyse Zuma's wizzle, stupid small minds are a burden to their owners, shame on you!

  • loyisot - 2012-10-11 08:54

    This is what happens when State institutions are used to protect indivivual interest and this is how dectatorships are born

  • allan.whitton1 - 2012-10-11 09:29

    The whole Board must be fired as they have proved that they don't know how to do their job. They are totally incompetent

  • sxp - 2012-10-11 09:29

    FPB should be tarred and feathered (and have paint sprayed on their genitals.)

  • ludlowdj - 2012-10-11 10:05

    The FPB has successfully ensured that it is no longer a legitimate organ and that every single decision it makes going forward must now be questioned and legally challenged in respect of its ability to make politically free decisions and in fact decisions that are rational and in line with the law of the land. It is fact now the duty of any person, requiring clearance from this board, to question any decision it makes.

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