Chairperson, the ACDP has emerged as the unlikely champion in fighting to protect media freedom considering our opposition to all forms of pornography. In our view, pornography is the theory but rape is the practice. In view of this approach one would have expected the ACDP to have supported the Bill as tabled. However, we shared grave concerns expressed by the media that the Bill as tabled would have amounted to prepublication state censorship of all print media and broadcast material. This would have severely restricted the media from being able to report on news items.
Television and radio broadcasters would have been required to submit all programmes to the board before broadcasting. All live news, parliamentary current affairs, sport and music coverage would cease.
The common good is best served by the free flow of information. It is a vital function and indeed the duty of the press and other media to make available information on every aspect of public, political social and economic activity. The Constitution guarantees the right to freedom of speech and expressly includes freedom of the press and other media.
The media has a duty to investigate and be a watchdog of society and more particularly of government. It has played a crucial role in exposing crime, corruption, mismanagement and nepotism in both the public and private spheres. It is only where competing ideas are freely aired, debated and challenged that the truth can be attained. As the SA National Editors Forum, Sanef, pointed out: "The restriction on dissenting opinion impoverished the search for truth".
Vast members of the majority party did not agree with all the ACDP's proposals, particularity to reinstate the total exemption, with the media being subject to criminal sanction relating to child pornography. We were able to persuade members of the portfolio committee to accept certain vital amendments, not only exempting the press from private classification and criminal sanctions but also to strengthen the fight against pornography. We were however still concerned about the very broad hate speech provisions, and whilst the additional test was insisted on, we still believe that there could be a constitutional challenge on this aspect. In conclusion, we wish to express our gratitude to the chairman of the portfolio committee for being so indulgent and even allowing the ACDP at a very late stage to argue for the insertion of a very vital amendment. Whilst we still have reservations regarding its constitutionality, we do believe that the Bill in its present form should be supported particularly in view of its fight and its aim to fight child pornography. We, therefore, as the ACDP will support the Bill. I thank you.