Govt urged to tighten laws around porn, sexual content to protect children

The commission’s chairperson Justice Narandran Kollapen released four reports to Justice Minister Ronald Lamola on Tuesday morning.

The reports include those on Sexual Offences (Pornography and Children), Report on Practice of Ukuthwala, Report into Legal Fees and Report on Harmonisation of Existing Laws Providing for Prescription of Periods.

The commission has recommended that the term ‘child pornography’ be changed to ‘child sexual abuse material’ in criminal law.

It believes that the term is a true reflection of the nature of the material and the harm done to children.

Kollapen says measures for the prevention and punishment of child pornography should take into account the vulnerability of children.

“The commission recommends that legislation should comprehensively criminalise all acts of exposing children to pornography and content not suitable for children, in whatever manner, including through advertisement and enticement or by making use of misleading techniques.

“Unfortunately the full spectrum of such content falls outside the ambit of the present investigation and the Sexual Offences Act since it may not even constitute content of a sexual nature. The commission endorses the continued criminalisation of child sexual abuse material and its classification as illegal.

“The Commission has considered, for purposes of adequate protection, the possibility of ensuring that all devices (new and second hand) could be issued or returned to a default setting that blocks inappropriate content, with an opt-in possibility depending on proof of age of the buyer/user as being 18 and older.”

He says the changes would help to protect children from damaging material.

“Giving effect to this recommendation would serve to protect both the child and the provider, though regulations will be required to provide for effective implementation. Although, presented for consideration, the commission has been alerted to the fact that the protection provided at device level may be limited. It is further mindful of developments abroad which reflect a move towards multi-layered co-regulation of the online space necessitating collaboration between business, civil society and government.”

SEE FULL REPORT BELOW: