CCT5/03

[2003] ZACC 19

2004 (1) SA 406 (CC)

2003 (12) BCLR 1333 (CC)

Langa DCJ

14 May 2003

15 October 2003

http://hdl.handle.net/20.500.12144/2194

Applicant seeks leave to appeal directly to the Constitutional Court against the decision of the High Court in De Reuck v Director of Public Prosecutions, Witwatersrand Local Division, and Others 2003 (3) SA 389 (W) ; 2002 (12) BCLR 1285 (W) ; 2003 (1) SACR 448 (W). Separate High Court judgment on the applicant's standing is reported as De Reuck v Director of Public Prosecutions, Witwatersrand Local Division and Others 2002 (6) SA 370 (W).

Application for leave to appeal a decision of the High Court in which the Applicant was found guilty of importing and possessing child pornography in terms of s. 27(1) of the Films and Publications Act. It was held that the section constitutes a law of general application and the limitation of the rights claimed (freedom of expression and privacy) is reasonable and justifiable in that a person is allowed to possess child pornography should the Films and Publication Board grant an exemption on the basis of a good cause in that respect. It was further held that child pornography does not consist of all depictions of a nude child, but rather those that stimulate erotic feeling, not aesthetic feeling, the test being an objective one. The limitation serves a legitimate purpose, viz. protecting the dignity of children, stamping out the market for photographs made by abusing children and preventing a reasonable risk that the images will be used to harm children. The appeal was dismissed. Majority: Langa DCJ (unanimous).