The SA Film and Publication Board (FPB) will, within the next month, begin its moves to regulate the distribution of pornography on cellphones.
This is according to FPB senior officer Iyavar Chetty, who says the FPB will meet with the Wireless Application Service Providers' Association (WASPA), in an attempt to establish a "regulatory mechanism" governing adult cellphone content.
Currently illegal
"As the law stands currently, it is illegal to distribute pornography or any adult images via cellphones," he says, noting that such a practice is in violation of the Film and Publications Act of 1996.
According to the Act, the third definition of the term 'film' is "any picture intended for exhibition through the medium of any mechanical, electronic or other device".
Chetty believes network operators are faced with the option of either complying with the law and discontinuing adult entertainment, or alternatively lobbying for a change in legislation.
WASPA's code
Included in WASPA's code of conduct is the statement that the code "...includes a framework for the provision of adult services, to ensure adequate protection of children from potentially harmful content".
Among the requirements that WASPA's code of conduct stipulates are that adult services must be clearly indicated as such, and that WASPA members must take "reasonable steps" to confirm the age of those accessing the service.
WASPA vice-chairman Neil Hutchinson says the organisation "does not aim to put a blanket-ban on adult content", but plans to work with the FPB in developing regulations to effectively govern it, and protect underage subscribers accessing pornography.
"There is, of course, always the counter argument that people are in business to provide such a service because there are customers who want that service," he notes.
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Mobile porn providers operate outside the law
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