14 June 2018, Centurion. The Film and Publication Board (FPB) is extremely concerned about the 10 year old girl who was allegedly held captive and raped by her step father for five years. It is alleged that pornographic material and sex toys were found in the premises they both stayed in. A cell phone with pornographic pictures was seized from the scene by the SAPS.
“The FPB employs Child Protection Officers who are trained on Safety and Risk Assessment in the field of Child Protection services and are Certified Content Analyst. They are often called to act as expert witnesses alongside law enforcement agencies in the investigation and prosecution of such cases. Their role is to analyse the pornographic content found on the cell phone to determine whether it contains any child pornography. The minimum sentence if found guilty of the creation, possession and/or distribution of child pornography is 5 years imprisonment”, says Ms Abongile Mashele, FPB’s Acting Chief Executive Officer.
She continues to say, “The Films and Publications Act (The Act) prohibit the creation, possession and distribution of child pornography in any form. The Act, defines “child pornography” to include any image of any person under the age of 18 depicted as engaging in sexual conduct, participating or assisting any person participating in sexual conduct or showing or describing any body part of such a person in a sexual manner or can be used in such a way that it can amount to sexual exploitation or used for the purposes thereof.
The Child Protection function of the FPB inspects and analyses content reported or referred to the FPB on suspicion of Child Pornography as defined in Section 1 e (i), (ii) and (iii) of the Films and Publications Act. Such content is usually referred by law enforcement agencies, and members of the public daily. The purpose of the analysis is to provide the Court with information needed to assist in determining whether the content submitted to the FPB constitutes child pornography/child sexual abuse material or not.
FPB is a member of the International Association of Internet Hotlines (INHOPE) which is an active and collaborative global network of Hotlines which is aimed at curbing both the exposure of children to pornography as well as the distribution of material containing child pornography. Our membership INHOPE has extended the network and resources available, therefore increasing the effectiveness with which the FPB executes its mandate. The FPB will continue to work closely with the South African Police Service and the National Prosecuting Authority to ensure that perpetrators are prosecuted.
For media enquiries contact:
Notes to the editor
The Act was established as a juristic person and derives its mandate from the Film and Publication Act (Act 65 of 1996) which was amended in 2004 and again 2009 to take into account the rapidly changing nature of distribution of content because of technological advances. Changing social norms and standards were also taken into account in the amendment of the Act.
According to the FPB Act “child pornography” includes any image, however created, or any description of a person, real or simulated, who is, or who is depicted, made to appear, look like, represented or described as being under the age of 18 years-
(i) Engaged in sexual conduct;
(ii) Participating in, or assisting another person to participate in, sexual conduct; or;
(iii) Showing or describing the body, or parts of the body, of such a person in a manner or in circumstances which, within context, amounts to sexual exploitation, or in such a manner that it is capable of being used for the purposes of sexual exploitation;