What does the law say about pornography in South Africa?

There’s a common misconception that pornographic films are entirely legal in South Africa, however this isn’t completely true.\

In 2006, the government of South Africa began prohibiting sites hosted in the country from displaying sexually explicit content (including child pornography and depictions of violent sexual acts); site owners who refuse to comply are punishable under the Film and Publications Act 1996.

Citizens of South Africa are quick to brush off the aforementioned legislation because it is rarely enforced, however in 2007 a South African “sex blogger” was the first to be arrested and charged under this offence.

Online pornography originating in South Africa is technically illegal. The reasons for this are the difficulty of age-verification and the requirement that pornography only be distributed from designated, licensed physical premises.

ALSO READ

Confessions of an adult entertainer

eMalahleni’s silent sex workers speak

The trick here is that under the Film and Publications Act 1996, only pornographic content originating from a website hosted in South Africa is prohibited, whilst pornographic films and photographs originating from different countries are entirely legal.

The law which is currently applicable also only criminalises the individual who owns the website on which the pornographic content is published, and not the individuals appearing in the pornographic content themselves (except in the cases of filmed bestiality or sexual acts with persons under the age of 18) or the consumers of the pornographic content (with the same exceptions).

All filmed or photographic pornography, even that which is sold at a licensed physical premises, containing actors under the age of 18, violent sexual acts or animals, is entirely illegal and the penalties for creating or distributing such pornographic content are severe.

Despite the age of consent being 16-years old in South Africa (and as young as 12-years old if the other party is also under 16-years old), it remains illegal for any person under the age of 18 to participate in or view a pornographic film.