Exam (elaborations)
CML1501 ASSIGNMENT 1 FOR YEAR 2024
- Institution
- University Of South Africa (Unisa)
THE DOCUMENT HAS EXACT SOLUTIONS FOR ASSIGNMENT ABOVE AND SHOULD BE USED AS GUIDE
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Assessment 2 for CML1501YEAR 2022 SEMESTER 2
FOR EXAM BOOKING KINDLY CONTACT 0611279778
UNIQUE NUMBER 683770
QUESTION 1
On 4 October 2019 the President signed the Films and Publications Amendment Act 11 of 2019
into law, although it will only come into force on a future date to be proclaimed in the
Government Gazette. This Act has drawn some sharp criticism from the media. Some
organisations described these amendments as, inter alia, unconstitutional, outrageous and as part
of the erosion of freedom of speech, while the Department of Home Affairs defended the
amendments as an attempt to protect children from potentially harmful and age-inappropriate
material.
For this assignment, you are required to do a little independent research and discuss first and very
briefly, the historical development of censorship and secondly, the current classification process in
South Africa. For your conclusion, we are interested in your opinion on the proposed amendments
as well as the reaction thereto. This conclusion must not constitute your entire assignment and
should therefore not be more than one paragraph or 8 typed lines.
ANSWER
The origin of the term censor can be traced to the office of censor established in Rome i 443 BC. In
Rome, as in the ancient Greek communities, the ideal of good governance included shaping the
character of the people. Hence censorship was regarded as an honourable task . Censorship was
, provided by specialists in a number of areas, from the humanities to the sciences in general. They
were appointed by the Chancellor. Their judgment related to the content of the proposed
manuscript and not to the form. They could ask the author for some corrections. On 3 March 1996
the Singapore Communications Authority (SCA) issued a statement indicating its intention to
introduce a licensing scheme for Internet operators and content providers. The stated aim is to keep
“the parts of the information highway which passes through Singapore relatively clean.” (See
Endeshow 1996:220.) According to Endeshaw, the SCA promised that individual e-mail
communications would not be hit by the provisions of the new scheme, but only communications of
a broadcast nature.1
In South Africa, the Films and Publications Act of 1996 penalises the production and importation,
and even the possession, of child pornography.2 This refl ects the underlying interest of protecting
not only children who might later on view the fi nished product, but also the children exploited in
the making of such material. Certain forms of online pornography (also referred to as “cyberporn”)
constitute cybercrime and may be prosecuted in terms of the Films and Publications Act 65 of 1996,
as amended. Cybercrime is any unlawful conduct involving a computer system, irrespective of
whether the computer is the object of the crime (as would be the case in hacking or the launching of
a virus) or the instrument with which the crime has been committed (e.g. in the case of theft of
information or the possession of child pornography) or incidental to the commission of the crime
(e.g. in the case of the storage of information relating to the commission of a crime).3
In terms of section 31(3) of the Films and Publications Act, the Board is required to publish
guidelines to be used to determine what is disturbing, harmful and threatening to children and to
advise the viewing public about such images and scenes. . Direct censorship of the internet is
prohibited by the First Amendment with the exception of obscenity such as child pornography.
Several acts were attempted to further regulate such obscenity and children's ability to access such
material, but were then found unconstitutional as they overstepped their bounds.
In conclusion, the revision of the act demands that online content producers submit their content to
the Film & Publications Board (FPB) for classification, to determine whether such expression is
permitted online or not. At first, I was about to fool myself into believing that the revision of the act
is intended to limit their freedom of expression and censor their content. This act is meant to create
more order than harm. Hence these two interests are weighed. However, section 364 of the Bill of
rights, also stipulates for an inclusion that some rights are to be limited through application of
section 37.
QUESTION 2
STUDY THE FOLLOWING STATEMENTS AND EXPLAIN WHY YOU REGARD THEM AS
CORRECT OR INCORRECT
Question 1
1
CML1501 Study guide for 2021
2
Films and Publications Act of 1996.
3
CML1501 Study Guide for Unisa 2021
4
Constitution of South Africa 1996
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