VISIONARIES IN AFRICA VOLUNTEER NETWORK
*supported by the Ashoka Fellowship for Social Entrepreneurs…
SUBMISSION: FILMS AND
PUBLICATIONS AMENDMENT BILL (B27-2006)
Given that most child pornography is accessed and distributed via the
Internet, and that most transactions via the Internet are processed through
credit cards, the lack of any legislation with regard to the liability of
financial institutions, which process credit card transactions, and internet
service providers who provide the services that enable access to and distribution
of child pornography, is disturbing. While it is not suggested that financial
institutions and internet service providers breach privacy laws to monitor
clients’ use of
their services, financial institutions and internet service providers should
attract criminal liability on the basis of knowledge or suspicion, especially
with regard to transactions involving websites known to contain child
pornography, in the same way that section 27(2) of the Films and
Publications Act provides with respect to the general public.
The latest annual report of the Internet Watch Foundation is chilling and
disturbing. The involvement of criminal syndicates, as opposed to paedophile
syndicates and child pornography rings, introduced another dangerous dimension
to the problem. [See the paper, Implication of
the Austrian Child Pornography Investigation by Mr Chetty of the Film
and Publication Board.]
According to the Internet Watch Foundation (IWF) (Annual Report 2006), images
of child abuse traded via the Internet are fast becoming more graphic and
sadistic and increasingly involve younger children and toddlers. In the last three years, reports the IWF, the
number of images involving the severe abuse, including the penetrative and
sadistic sexual abuse of younger children has quadrupled. According to Peter Robbins, Chief Executive
of the IWF, “Sadly we
have to report new trends regarding the young age of the child victims in the
images we assess and the dreadful severity of abuse they are suffering”
“This is
babies, toddlers and pre-pubescent children suffering some of the most horrific
abuse. Sadly the commercial sites are just responding to a demand by people
around the world to buy that level of image. If there’s profit to be made they will carry
on doing it. The vast majority of web
sites were linked to the United States or Russia, where they are often run by
organised criminal gangs”, added a
spokeswoman for the IWF.
Given the role of financial institutions in facilitating subscriptions to
Internet websites, and the facilities provided by Internet service providers, I
think an amendment to section 27 of the Act to include a provision such as the
following will impress upon financial institutions and Internet service
providers their role in the fight against child pornography:
“Section
27(5) (a)Any person who processes or
facilitates, or attempts to process or facilitate a financial transaction
knowing that such transaction will facilitate access to, or the distribution or
possession of, child pornography, shall be guilty of an offence and libale, on
conviction, to be sentenced to a term of imprisonment not exceeding ten years,
or to a fine or both to a fine and such imprisonment.”
Please note that this would be numbered Section 24 B (6).
The reporting provisions in section 27(2) do not, specifically, address
this issue. A number of financial
institutiions overseas have joined with law enforcement agencies and have
publicly announced that they will not process any credit card transactions
subscribing to sites known to contain child pornography. These sites could be provided to financial
institutions and Internet service providers by law enforcement agencies and “hotlines”, like the IWF. Since no financial institution in South Africa has
publicly indicated any support for Government’s fight against child pornography, perhaps legislation is the only way
to force them to accept a level of social responsibility consistent with the
nature of the services they provide. Since
most transactions on the Internet involve credit card payments, this measure
will go a long way towards making it difficult for paedophiles to access and
distribute child pornography. It will
also send a message to those involved in this sordid trade that they will not
be able to make a profit from the sexual abuse and exploitation of children.
The suggestion above is self-explanatory but I shall be willing to address the
Parliamentary Committee if necessary.
Sincerely
Ms Nadine Naidoo
Founding Trustee: Visionaries In Africa Volunteer Network (VIA)
Director: ki Productions & Publishing