10 March 2017, Centurion.The Film and Publication Board (FPB) welcome the sentencing of Mr. Jayde Sheldon Bailey, 35 for importing, possession and distribution of films and publications which contain depictions or descriptions which encourage or promote child pornography or the sexual exploitation of children. The Films and Publications Act prohibits the creation, possession and distribution of child pornography and thus view the conviction and sentencing as a strong message to perpetrators of child pornography.
Bailey was arrested last year in an international police operation called cloud nine. He was sentenced for five years in the Port Elizabeth Magistrate court for crimes involving online sexual exploitation of children. Subsequent to his sentencing, his lawyer brought an application for leave to appeal and was released on bail.
“It is important to ensure that perpetrators of child pornography are brought to book and the FPB continues to advocate for the prosecution of these perpetrators”, says Ms Janine Raftopoulos, FPB’s spokesperson.
Ms. Raftopoulos goes on to say, “The FPB has personnel who are trained on Safety and Risk Assessment in the field of Child Protection services and is a certified content analyst who acts an expert witness in cases involving child pornography. The FPB is also responsible for providing integrated Child Protection Services through adhering to the established standards, framework and policies as per the FPB mandate with all the requirements 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;
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.
Notes to the editor
The objective of the Act of 1996 is to regulate the creation, production, possession and distribution of films, games and certain publications, and more recently certain online content. This is done to provide consumer advice to enable adults to make informed viewing, reading and gaming choices for themselves and children in their care; to protect children from exposure to disturbing and harmful material and from premature exposure to adult experiences, and to make the use of children in, and the exposure of children to pornography, punishable.
Paramount to the mandate of the FPB is the protection of children. Protecting children under the Act is a proportional balancing of the rights afforded in the South African Constitution and Bill of Rights against the right of the child. The protection of children as enshrined in the Constitution and Bill of Rights includes physical, mental, emotional, spiritual or moral harm to be protected from maltreatment, neglect, abuse or degradation. It further ensures that children’s best interest are of paramount importance in every matter concerning a child.
For more information contact:
Miss Manala Botolo
Assistant Manager Communications and Public Education
cell: 082 860 6748
tel: 012 003 1400
For more media enquiries contact:
Miss Janine Raftopoulos
Manager Communication and Public Education
cell: 071 444 3121
tel: 012 003 1400