Guideline to broadcasters:   The footage, which includes the audio soundtrack, probably amounts to radio

 child pornography, which in terms of the Films and Publications Act 1996 may not be possessed or distributed. Distribution would include distribution of the footage in its entirety, as well as the visuals and/or the audio soundtrack individually, by way of the electronic media, which includes mobile phones.

 Since the indirect identification of victims of sex crimes has never been the subject of a judgment of this Commission, the Tribunal decided not to consider a heavier sanction (e.g. a fine), and to restrict the sanction to a reprimand. However, such a contravention will, in future, probably lead to a stricter approach.

The Complaint is upheld and the Respondent reprimanded for a contravention of clause 11(7) of the Code.

[2012] JOL 29038 (BCCSA)

CLICK TO VIEW FULL JUDGMENT  Case-No-31-2012