1. Child Online protection and curbing child pornography in South Africa
Film and Publication Board
06th September 2011

2. FPB Mandate Regulation of films, publications and games
Protection of children from exposure to harmful and inappropriate content
Punish the use of children in pornography

3. Classification
PUBLICATIONS
MOVIES
GAMES

4. Classification L : STRONG LANGUAGE
Warns about swearwords, profanity and abusive or aggressive language usage
V : VIOLENCE
Indicates scenes of brutality, gore, physical abuse, torture or other
forms of harm
P : PREJUDICE
Gender, religious and race issues may be explored in the film
N: NUDITY
S: SEX

5. Children and Technology in SA
Approx 12million children
Single & busy parents
Increased access to internet at schools, home and on cellphones
Unmonitored use of technology by children
Increased exploitation of children on the internet

6. FPB Research - overview
> 50% of youth own cellphones, (*smart phones *) (including rural communities)
Daily internet access, through cellphones
Internet Usage: access and post info, download content, play games, mostly at home or school
Cellphone usage: prepaid contracts, mostly at home, calls, messages, chat or internet access

7. Children and Cybersafety

8. Dangers in cyberspace
Creation, possession and distribution of child pornography by children (cellphones and social networks)
Exposure of children to inappropriate material through new technologies: (internet, cellphones, social networks, chatrooms, etc)
Sexual Exploitation of children in images on the internet & cellphones
ID Theft and Online safety
Cyber bullying ( s, social networks, websites e.g. Outoilet)
Addiction (Technology and pornography
Abduction
Grooming

9. Child Online Protection - Challenges
Easy accessibility of internet to children
Unmonitored use of internet by children
Culprits: Cellphones, social networks and chat services
Lack of awareness by children on safety issues
Children engage in dangerous behaviour on the internet
Easy distribution of User generated content by children including child pornography

10. Online Child protection - Challenges
Creation, access and distribution of inappropriate including pornographic content by children
Children posing as adults and consuming inappropriate content online
Generation gap (parents not coping with technological developments)
Cyber bulling (emerging challenge)
Disruption of school time (teachers and children)

11. Child Online Protection - Milestones

12. Milestones
Legislation in place, Entity focussing on online child protection (some gaps)
Online and telephonic Reporting Facility linked to police and international networks
Awareness programs for parents, learners and teachers (limited reach)
Research

13. Milestones (continued)
Partnerships with Law enforcement
Partnership with other government departments
Global partnerships
Partnerships with civil society
Partnership with industry

14. Child Online Protection – Regulatory Framework and international instruments

15. International Framework
UN Convention on the Rights of the Child
Spells out the human rights of children:
The right to survival, to develop to the fullest, to be protected against abuse and exploitation, to receive protection from harmful influence.
African Charter on the Rights and Welfare of the Child
African Nations have adopted this Charter, which commits them individually and collectively to take necessary steps and measures( legislative and others) to ensure the protection, survival and development of the African child in conformity with the provisions of this charter.

16. Legislative Framework
International Labour Organization(ILO) 182 on the Elimination of the worst forms of Child Labour:
Ratifying governments have to take measure to abolish the worst forms of child labour.
Optional Protocol on child prostitution, child labour, child pornography:
The Protocol focuses on the criminalization of serious violation of children's rights: the sale of children, illegal adoptions, child prostitution and pornography.

17. Legislative Framework :
The Constitution of the Republic of South Africa of 1996
The Bill of Rights entrenched in the Constitution provides for the protection, promotion and respect for the human rights of all South Africans. Section 28(1) deals particularly with the rights of children.
Children's Act 38 of 2005:
The Act is the primary statute for the protection of children and young people. It provides for the investigation of cases of alleged abuse, neglect and exploitation

18. Legislative Framework
Sexual Offences Act 23 of 1957, as amended
Act covers some specific aspects and forms of child sexual abuse. including child pornography and grooming.
Films and Publications Act 65 of 1996 , as amended
The interest of the child are paramount in this Act. Protection of children from exposure to disturbing and harmful material. It also punishes the use of children to produce pornography

19. Films and Publications Act
Criminalizes the creation, possession and distribution of child abuse images (child-pornography)
Any image or description of a person who is under the age of 18 years or made to appear, look like or described as a person under that age, engaged in any form of sexual conduct.
The Act does not distinguish between images created by the use of real children and products of the imagination, including “virtual” child-pornography created by using sophisticated computer graphics.

20. Regulatory Framework: FP Act
Creation, possession and distribution of child pornography
Exposure of children to inappropriate material
ISPs – registrations
Sexual Exploitation of children in images on the internet
Social Networks – obligations to self regulate to ensure children are protected

21. Regulatory Framework: ISPs
ISPs, must do all in its powers and take reasonable steps to prevent its service being used for illegal processes
Must report internet address to SAPS
Preservation of evidence
Prevent access to the internet service referred to above

22. Law enforcement and reporting
National Online and telephonic hotlines
Established in 2008 (online)
Full member of INHOPE
Formalised relations with SAPS (draft MOU)
Approximately 200 cases received on online hotline

23. Law enforcement and Reporting
Role of hotline
(receive reports, report to police and other hotlines globally)
Information sharing
Cases Reported
Approximately 200 cases, not always child pornography,
Mainly hosted in other countries
Reported to police and police

24. CHILD ONLINE PROTECTION - Possible Future Interventions

25. Possible Future Interventions
National strategy on internet safety
Not yet started
Inclusion of internet safety module in schools curriculum
Information hub on internet safety
In progress
Country wide Awareness campaign for teachers , learners and parents
In Progress
Filtering Tools (cell phones and PCs – auto)
Increased cooperation with global networks
Adoption of the Guidelines on the Management of Child Pornography images

26. Film and Publication Board 87 Central Street, Houghton, 2198
THANK YOU
Film and Publication Board
87 Central Street, Houghton, 2198
South Africa
Tel: +27 (11)
Fax: +27 (11)