Sexual Exploitation of Women and Children

One of the core implications of ‘HUMAN DIGNITY’ is that a human being is not and may not be used as a means to an end. Human beings are always ends in themselves, which places a duty on us to exercise ‘RESPONSIBLE FREEDOM’ in the way we treat each other.

UPDATE (March 2019): FILMS AND PUBLICATIONS AMENDMENT BILL

 PARLIAMENT SAYS NO TO VILE AND DEHUMANISING PORN, AS BILL GOES TO PRESIDENT

The National Assembly (NA) on Tuesday (19 March) decided to keep in place the prohibitions against the distribution of –

  • Sexually explicit material that violates or disrespects human dignity; and
  • Content which is degrading of human beings.

According to Cause for Justice (CFJ) Executive Director and Legal Counsel, Ryan Smit:

“These amendments to the original text of the Bill constitute justifiable limitations to freedom of expression and give expression to the “objective normative value system” contained in the Bill of Rights.”

“It serves as confirmation that constitutional freedoms – in this case ‘freedom of expression’ – may not be used to violate people’s inherent worth or human dignity. Any attempt to employ freedom of expression for such purposes, would constitute an abuse and illegitimate exercise of constitutional freedoms. We accordingly agree with and welcome the NA’s decision declaring that such actions are illegal/unlawful.”

The Bill will now go to the President, who must decide whether to assent to and sign the Bill or send it back to the NA for reconsideration based on reservations about the constitutionality of the Bill.

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A DAY TO REMEMBER IN THE FIGHT TO END SEXUAL EXPLOITATION

For the past three years, CFJ has been calling on Parliament to not accept the Department of Communications’ (DoC) proposals to legalise the distribution of vile and dehumanising pornography in South Africa.

Until late last year, it seemed like our continuous and urgent calls were not being heeded.

Yesterday, 19 March 2019, however Parliament confirmed that our labours have not been in vain, as the National Assembly (NA) decided to maintain the legal prohibitions against the distribution of –

  • Sexually explicit material that violates or disrespects human dignity; and
  • Content which is degrading of human beings.

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Opposing the legalising of pornography on media platforms.

CFJ has been involved in the fight against sexual exploitation – especially of women – in the media from its inception in 2013 (read more below under “Cause for Justice v ICASA & TopTV”). From April 2016, CFJ has taken part in public consultation in Parliament on the proposed amendments to the Films and Publications Act, 1996. Proposals include the legalising of internet pornography (and allowing more vile types of pornography to be distributed) in South Africa – which we oppose – and putting measures in place to protect children from exposure to pornography – which we support.

In addition to the online space, there are various other media platforms (such as television, advertising, print media etc.) that must be regulated in the public interest to protect and promote human dignity and responsible exercise of constitutional freedoms, such as the freedom to receive or impart information or ideas.
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Opposing the legalising of prostitution.

Under current South African law, prostitution is unlawful and criminally prosecuted. The decriminalisation/legalisation of prostitution has been under consideration for a number of years. During May 2017 the South African Law Reform Commission (SALRC) issued its Report on Project 107 – Adult Prostitution. The SALRC’s findings were in essence that prostitution should not be legalised/ decriminalised in full, as it will result in further exploitation of already vulnerable women.

Despite the clarity of the SALRC’s Report, a number of lobby groups and policy-makers remain steadfast in their quest to make prostitution legal and rebranding it as a form of work.

CFJ remains even more resolute to ensure that our laws affirm the dignity/worth of all persons, especially those among us most vulnerable to exploitation.
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OTHER LINKED CAUSES:

16 Days of Activism Campaign: Raise your voice!

“50 Shades” Film

Petition – Say No to Porn

 

Cause for Justice & Others v ICASA and TopTV (StarSat)

In 2013, CFJ, and two other organisations, applied to court for the review and setting aside of ICASA’s decision to allow StarSat (previously “TopTV”) to broadcast three pornographic channels on South African television.

On 3 November 2014, the Western Cape High Court ruled in favour of CFJ and its co-applicants and set aside ICASA’s decision.

StarSat first approached the High Court, and the Supreme Court of Appeal to appeal the decision with CFJ opposing both these applications. On 25 March 2015 the Supreme Court of Appeal dismissed StarSat’s leave to appeal application with costs, finding in CFJ’s favour. As a result, South African television remains free from pornography.

 

CAUSE FOR JUSTICE

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