Not all alternative solutions to protecting children from pornography over the Internet or cellphones have been adequately explored by the authorities yet, says Ayesha Kajee, executive director of the Freedom of Expression Institute (FXI).
Kajee was reacting to statement made by Home Affairs deputy minister Malusi Gigaba and Film and Publications Board members at a symposium this week held to discuss the issue.
Gigaba said he would approach Cabinet about fast-tracking a law to protect children from pornography on the Internet and cellphones, and to stop the spread of child pornography.
The law, which still has to be drafted, according to Gigaba, will place the onus on Internet service providers to halt the spread of the pornography.
Gigaba and the Film and Publications Board pointed to countries such as China, United Arab Emirates and Singapore as examples where the spread of child pornography over the Internet has been effectively curtailed.
Recent amendments to various laws have not stopped the spread of child pornography, says Dumisani Rorwana, FPB legal affairs manager.
"The law as it stands is not working, so we've no choice but to take it to the next level,” he says.
According to Rorwana, technology has advanced to a point where ISPs would be able to filter out around 95% of the content in a "highly cost-effective way”.
However, FXI's Kajee says blanket bans on the spread of pornography only serve to criminalise it and push it underground where it is even harder to control.
“They seem to be bent on fast-tracking a law while alternative remedies have not been adequately explored,” she says.
Kajee says while the Constitution does have a clause that limits freedom of expression, “the clause also states that other less restrictive remedies should be looked at”.
These alternative remedies should be the use of hardware and software control measures by parents to restrict their children's access to pornography, that children's cellphones are actively blocked from receiving porn, and that the possibility of some kind of user code to verify age is placed on adult sites.
“Blanket bans and pushing the responsibility to block porn on a third party does not work,” Kajee says.
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