The Freedom of Expression Institute (FXI) is deeply disappointed by the signing into law of the Films and Publications Amendment Act 3 of 2009 (Amendment Act). The Amendment Act constitutes a grave intrusion of the right to freedom of expression. To this end we are of the view that certain sections of the Amendment Act fail dismally in giving effect to the right to freedom of expression.

The most intrusive element of the Amendment Act is that, under the guise of the “protection of children’s rights” the legislature has introduced a system of pre-publication censorship and self-censorship which offends against the letter and spirit of the Constitution of the Republic of South Africa (Constitution).