'Of Good Report' ban must be challenged: FXI

24 July 2013 - 17:37 By Sapa, Nikita Ramkissoon
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Director Jahmil Qubeka at the Sun Coast cinema, where his film 'Of Good Report' was to open the Durban Film Festival.
Director Jahmil Qubeka at the Sun Coast cinema, where his film 'Of Good Report' was to open the Durban Film Festival.
Image: TEBOGO LETSIE

The banning of a South African film about a relationship between a teacher and a pupil, ‘Of Good Report’, must be challenged, the Freedom of Expression Institute (FXI) said on Wednesday.

It accused the Film and Publication Board (FPB) of a "rigid and simplistic" interpretation of the law.

"[This] seems to mean that even a film that exposes and opposes child abuse might be banned," FXI chairman Anton Harber said.

Peter Machen, manager of the Durban International Film Festival (DIFF), where the film was to be screened this month said "It is vital that the board's ham-handed decision be challenged, and they be made to show that this film is so dangerous and harmful that it cannot even be shown before the limited audience of a film festival.

“I don't think censorship does any good for anybody. Freedom of expression is a fundamental human right. Removing that freedom makes us less human. At the same time of course we cannot condone child pornography, which infringes on the rights of innocent children.”

The Sunday Times reported that the film Of Good Report was the first South African film to be banned since 1994.

The decision was reportedly made because of the depiction of a simulated sexual act involving a 16-year-old student, played by a 23-year-old actress.

According to the newspaper, board spokesman Prince Mlimandlela Ndamase said the film was banned because it contained "content that carries an illegal act in it".

"We need to emphasise that, ordinarily, we would not refuse the right of viewers to see the content, but in the interests of the protection of the child and our laws that exist in the country, child pornography is one of these things that are not legally permissible in the country."

The film's producer Michael Auret, who is a lawyer, had lodged an appeal against the board's ruling.

Harber questioned the board's decision.

"We are expected to simply trust the board and, given our history of the abuse of censorship powers, that is not going to happen."

He said the country had to deal with and confront child abuse, not hide from it.

Machen said if the DIFF had run the film, it would have constituted a criminal offence.

“I would possibly have gone to jail and been unable to manage the festival.

“Furthermore this would have impacted on the cinema as well who would have lost their licence to exhibit films. It is also possible that the festival would have shut down.”

He said: “It seems to me that this act of censorship comes from an authoritarian perspective that is uncomfortable with the some of the more disturbing aspects of day to day life in South Africa. The film is indeed very real but is in no way pornographic.

“I am personally deeply saddened and a little heartbroken because this is a remarkable film from a gifted director who is telling stories in his own voice, and the South African public deserves to be able to see it.”

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