Films and Publications Amendment Bill [B35-99]: discussion and voting

Meeting report

HOME AFFAIRS PORTFOLIO COMMITTEE & SOCIAL SERVICES SELECT COMMITTEE: JOINT MEETING
16 March 1999
FILMS AND PUBLICATIONS AMENDMENT BILL [B35-99]: DISCUSSION AND VOTING

SUMMARY
Briefing, discussion and voting were completed on the Films and Publications Amendment Bill. The portfolio committee agreed upon and passed without amendments the Films and Publications Amendment Bill [B35-99].

MINUTES
Chairperson D Lockey (ANC) introduced Advocate Malatjie who would be briefing the committee on the Films and Publications Amendment Bill [B35-99]. Chairperson Lockey explained that the relevant NCOP committee had also been invited to this briefing because they would be discussing this bill at their committee meeting the next day.

Advocate Malatjie explained the four main points contained within this bill:
- The bill provides for the appointment of members of the Film and Publication Board and the Film and Publication Review Board.
- The bill provides sufficient protection of children with mental and physical disabilities.
- The bill defines the term "child pornography." The clause indicates that anyone found guilty of "child pornography" will be held accountable by this legislation.
- This bill includes references to the Internet, which is absent from the principal Act.

Mr B Bester of the NNP asked four questions:
- Can this committee recommend that a member of the National Youth Commission also be a member of the Board and Review Board?
- Can materials be distributed and made available during the thirty day appeal period set forth in clause 6 of the bill?
- Will the amendments included in this bill address the "difficulties" cited in the Memorandum of the Objects in the bill pertaining to the Administrator’s, rather than the President’s, power to appoint the members of the Board?
- Is there a difference between active possession and passive possession of pornographic materials? For example, can a video shop owner be held responsible for child pornography that is found in his shop?

Chairperson Lockey replied that since some of Mr Bester’s questions were political in nature, he would respond rather than Advocate Malatjie. In response to the question about active and passive possession, the bill clearly states that the person must "knowingly" possess the prohibited materials. Therefore, it is for the courts to decide if a person knowingly possesses the prohibited materials.

As for involvement of a Youth Commission member on the Board, Chairperson Lockey said that although he is not clear about Mr Bester’s motivation for wanting such an involvement, Clause 3 of the bill lists the criteria. Representation should not be ex officio on the Board. Members of the Board should meet the criteria listed in the bill.

As for the difficulties included in the Memorandum, Chairperson Lockey explained that the Minister, rather than the President, is able to conduct a far more "hands-on" administration of this Act. This change does not fundamentally alter the Act, but rather provides for better administration of the Act.

Regarding the 30 day waiting period for appeals, Ms Wessels of the Department of Home Affairs said that the bill provides for this period to be "on ice." The bill provides that you must wait for the 30 day period to expire before taking action against any person appealing an unfavorable classification.

Chairperson Lockey asked the committee if they were ready to vote on a motion of desirability. Mr Ackermann of the Western Cape/NNP asked the NCOP Committee Chairperson, Dr Cwele of the ANC, when that committee would discuss this bill. Chairperson Cwele said that this bill will be discussed the next day at the scheduled committee meeting. Mr Ackermann explained that he has problems with this bill. When Chairperson Lockey asked him what those problems were, Mr Ackermann replied that he will wait to discuss these at the NCOP committee meeting.

Chairperson Lockey asked again for a vote of desirability but his secretary informed him that the meeting did not have a quorum. Therefore, Chairperson Lockey called a ten minute break during which absent members were called to the meeting.

After the break, the motion of desirability was read aloud by Chairperson Lockey and no objections were raised by any members for any of the eleven (11) clauses in the bill. Therefore, the bill was adopted by this committee. Chairperson Lockey informed the committee that as the bill had been passed, their scheduled meeting for the next day was cancelled and this bill would be debated in the National Assembly on Friday, 19 March. NCOP Chairperson Cwele reminded his committee members that they have a meeting to discuss this bill and three other bills at 9am the next day.

Chairperson Lockey adjoined the meeting by thanking both his committee members and NCOP members for participating in the discussion.