CASE NO: 18/2003 – CONRADIE VS etv – HARMFUL TO CHILDREN

Legal test for determining complaint that featured film violated clause 7.1.1 of the Code. Complaint, that same adjudged to be degrading, depraved, highly disturbing and morally devastating to public morals.  The complaint was that same was pornographic that it was sexually exploitative and discriminatory of the female body by depicting full frontal nude female bodies.  Further that the language used was offensive and profane and blasphemous – Tribunal finding that the language judged within the context could not be inferred to advocate hatred based on religion that constituted incitement to cause harm. Held further that the legal test as to whether material can be categorised as pornography is not what is offensive to an individual or what members of a particular community itself  may be offended by seeing; but rather what that particular community will tolerate and what members of such community would not abide other members seeing because it would be beyond the contemporary South African standard of tolerance to allow them to see it- it is standard of tolerance not taste of approval that is relevant.  The complaint is dismissed.