By Estelle Ellis, Caiphus Kgosana and Sapa
Possession of child pornography - even for legitimate research purposes - remains a criminal offence, the Constitutional Court has ruled.
Nine Constitutional Court justices on Wednesday signalled a resounding "no" to an application that would have paved the way for the possession of child porn by researchers and filmmakers.
To allow anybody (except where permission was granted under strict circumstances) to possess child pornography would put the state in jeopardy of "having to close the gate, as it were, after the horse has bolted and might signal a breach by the state of its obligation to combat the abuse of children", the judges said.
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'It would be like allowing amateur chemists to possess dangerous drugs' Writing a unanimous judgment on behalf of the Constitutional Court, Deputy Chief Justice Pius Langa said child pornography was too dangerous to allow those who possess it to claim they have a legitimate purpose in doing so.
"It would be like allowing amateur chemists to possess dangerous drugs," he said.
The court gave its ruling in the case of Tasco Luc de Reuck, a Randburg film producer who was arrested two years ago after police found thousands of child pornography images in his possession. He claimed that he was doing research for a documentary.
Under South African law, the possession of child pornography is banned, except in cases where the Film and Publications Board gives its permission. De Reuck did not obtain such permission.
The Johannesburg High Court dismissed his challenge, and he then turned to the Constitutional Court for help.
The court agreed with De Reuck that the High Court ruling limited the rights to privacy and freedom of expression, but said this limitation was not too severe or unreasonable.
The court said child porn could be used to groom children for further sexual abuse, could reinforce sexual distortions and could be used by paedophiles to fuel their fantasies.
"I still believe that the work I have done on the subject of child porn was important and I hope that it will have some positive impact in the fight against child abuse," De Reuck said after the ruling.
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This article was originally published on page 3 of The Star on October 16, 2003
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