MEDIA IGNORANCE OF CHILD PORNOGRAPHY LAWS South African newspapers and broadcasters still do not seem to appreciate the

fact that the passing of the Films and Publications Act, 1996 was not aimed at the censorship of the media but was Parliaments response to its concerns about the emotional, psychological and physical security and well-being of children. Newspapers and broadcasters reveal chilling ignorance of the fact that they are exempt only from the regulatory authority of the Film and Publication Board but not from either the criminal or child-protection provisions of that Act they are not exempt from the purpose and objectives of an Act that is aimed at the protection of children from disturbing, harmful and age-inappropriate content. What is even more worrying is the fact that newspapers and broadcasters do seem to understand the prohibitions against child pornography. Take, for instance, the following sex advertisements in the classified section of The Citizen of 15 July 2011: 01* TOPLESS TEENS 6 NEW LEGAL TEENS *A VERY NAUGHTY TEEN A 12 TEENAGERS ONLY. What, or who, is a teen or a teenager? It is generally understood that the word teen describes the years of a persons life, or a person, between the ages of 13 and 19 between the ages of thirteen and nineteen. Generally, though, a teen or a teenager is always regarded as someone under the age of 18 years. How does this relate to the anti-child pornography provisions in the Films and Publications Act? First, in terms of the child pornography provisions in both the Films and Publications Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act, a child is any person under the age of 18 years. A teen or a teenager is, therefore, a child in terms of South Africas anti-child pornography laws. Second, the prohibitions against child pornography are not restricted only to depictions, descriptions or scenes of child pornography. In terms of section 24B(1)(d) of the Films and Publications Act, any person who knowingly makes available, exports, broadcasts or in any way distributes or causes to be made available, exported, broadcast or distributed or assists in making available, exporting, broadcasting or distributing, any film, game or publication which contains depictions, descriptions or scenes of child pornography or which advocates, advertises, encourages or promotes child pornography or the sexual exploitation of children, shall be guilty of an offence.

There can be no doubt that the use of the words teen and teenager in a sex advertisement does advocate, advertise, encourage and promote the sexual exploitation of children. Even if the ages of the women in the sex adverts are older than 18 years, the very use of the words teen and teenager suggests that sex with a teen or teenager is legal and acceptable. The Citizen, in publishing such advertisements, is surely in contravention of section 24B(1)(d) of the Films and Publications Act, 1996. The problem with newspapers and broadcasters is not only the failure to understand the Films and Publications Act, but also the failure to appreciate Parliaments concerns in passing that Act. It is time that section 28 of the Constitution is seen not simply as a Childrens Bill of Rights but as a Bill of the Obligations and Responsibilities of Society Towards Children Iyavar Chetty .