“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
“We have the greatest constitution on the planet,” tweeted a relieved Jahmil Qubeka after the Film and Publishing Board’s Appeal Tribunal unbanned his film Of Good Report over the weekend.
The appeal was primarily granted on the constitutional definition of child pornography, which differentiates between erotic and aesthetic feelings in films and publications.
The latter (aesthetic feelings) is not considered child porn.
Additionally, the discrepancy in the age of consent gave further grounds for the unbanning.
The legal age for consent is 16, while the Films and Publications Act of 1996 prohibits depiction of sexual scenes involving people who are portrayed as under 18.
Qubeka intends to sue the FPB for defamation and has publicly called for the resignation of the board members.
The director’s celebration could be short lived, as the FPB may ban it again in a separate High Court Appeal Tribunal. The commercial release of the film also still hangs in the balance.
The debate once again raised questions around censorship, infringement on freedom of expression and the autonomy of the film board.
Earlier this year at the National Arts Festival, the director of the film component Trevor Steele Taylor decided on a last minute exclusion of Of Good Report from the festival because it would rob the Durban International Film Festival (DIFF) of its premiere.
The DIFF presents a more prestigious platform, and Taylor said he “acted in Qubeka’s best interest”.
Taylor, one of the few people who has actually seen the movie, described it as an evocative story about a demented teacher’s attempt to get away with the murder of a 16-year old schoolgirl.
The story follows the development of a serial killer from social misfit to a psychotic adult who is incapable of controlling his sexual desires.
The narrative articulates a clear indictment on predatory behaviour in schools, which is has become a very relevant issue in South African society.
Prof. Jane Duncan, Highway Africa Chair of Media and Information Society of the School of Journalism and Media Studies at Rhodes University, thinks the censorship by the FPB is not justified.
“The criminalization of films and publications of sexual expression for anyone under the age of 18, regardless of where and how these forms of expression occur, seems to be disproportionate to the FPB’s objective to protect against child abuse,” said Duncan.
According to Duncan censorship may even exacerbate child abuse, as it makes discussions about its very existence impossible. “You don’t resolve social problems by pretending that they don’t exist.”
Popular television series such as Yizo Yizo and Soul City regularly depicted teenagers and teachers taking part in scenes of a sexual nature, which makes the harsh judgement against Of Good Report puzzling.
“Yizo Yizo and Soul City happened in during another administration and it fell under the jurisdiction of the BCCSA (Broadcasting Complaints Commission of South Africa), which tended to be open-minded about matters sexual,” said Duncan.
“It is not accidental, that these judgements coincided with the rallying for Jacob Zuma’s presidency. I do think he has ushered in a socially conservative dispensation and the board is reflecting that.”
Duncan argues that the Board’s attempt to reinstate morality as a ground for publication control does echo the Apartheid regime.
“Bear in mind that the independence of the board has been gradually reduced, to the point where it is now an extension of the Department of Home Affairs.”
Contrary to Sunday Times report, Of Good Report, was not the first to be banned since 1994.
That honour goes to the Argentinian film XXY, which centred on a 15 year-old transgender coming to terms with his sexual identity, and was banned in 2009.
