The pornography debate: historical reflections on the legalisation of pornography in South African communities
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Date
2005
Authors
Stemmet, J-A.
Journal Title
Journal ISSN
Volume Title
Publisher
Department of Communication Science, University of the Free State
Abstract
The 1996 Films and Publications Act marked a dramatic turnabout, if not a
fundamental circumvolution, in South Africa's all too flagging contemporary history of
freedom of speech. Brought about by an unprecedented wave of readily available
sexually explicit material and apparent discrepancies between the new constitution and
the censorship system that prevailed, its drafting took place amidst intense nationwide
debate. The debate was dominated by the question of whether pornography ought to be
legalised, or whether the strict censorship thereof should be sustained. This article will
comment on basic differences between the historical contexts of the 1990s debate and
previous debates. It also examines three main arguments that dominated the debate:
Morality, harm and sexual hate speech, and creating an equilibrium. In each instance
the relevant concluding findings of the Task Group, charged with drafting the abovementioned
act, will be noted. The conclusion reflects on the character of the debate and
its main shortcomings, as well as the overriding importance of sustained
multidisciplinary research into the topic. Due to obvious constraints on space the
article is an abridged historical review but is, nonetheless, indicative of the overriding
sentiments and dominant features characterising the topic at hand.
Description
Keywords
Films and Publications Act, 1996, Censorship, Pornography
Citation
Stemmet, J-A. (2005). The pornography debate: historical reflections on the legalisation of pornography in South African communities. Communitas, 10, 137-151.