NEWSPAPERS PUBLISHING SEX ADS ARE PIMPS Section 10 of the Sexual Offences Act, No 23 of 1957 makes it an offence to assist

in any way in bringing about the procuring of a female for sexual intercourse with any person other than the procurer or to entice any female to a brothel for the purpose of sexual intercourse or to procure or provide any female to become a common prostitute or an inmate of a brothel. Section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, headlined as Engaging sexual services of persons 18 years or older (pimps), makes it an offence to unlawfully and intentionally engage the services of a person 18 years or older (B), for financial or other reward, favour or compensation to B or to a third person (C) (a) for the purpose of engaging in a sexual act with B, irrespective of whether the sexual act is committed or not..... Simply put, it is an offence for any person to engage, procure or provide the services of a female for the purposes of sexual acts for financial or other rewards, favours or compensations to any person, including the person so engaged, procured or provided, whether or not the result of such engagement, procurement or provision is the commission of a sexual act. Does engaging, procuring or providing a person for sexual acts, therefore, not constitute pimping? What is a pimp? A pimp is, generally, an agent for prostitution one who receives some benefit, usually money, in return for advertising the services of a prostitute. A pimp is, therefore, a procurer - one who finds customers for prostitutes by advertising their services. The question is: does the publishing of sex ads in a classified section of a newspaper amount to pimping and, therefore, a violation of laws against pimping? To answer the question, one should begin by looking at such sex ads to determine whether or not such ads are, in fact, advertisements for sexual services. The following ads, with contact details omitted, were published in The Citizen of 15 July 2011: BLACK NURSE IN Uniform bend me shape Me anyway u want me ENJOY 2 HOT BABIES For the price of one New Tall Fit & Firm. curvy + big assets I do it all SENSUAL PLEASURE

Hot Sexy Afro Babes Come and get laid a bare bj 19YR QUEEN OF BJ (BJ equals blow job or oral sex) Is there any doubt that these are advertisements for sexual services - sex ads? What is being advertised, if not sex? If these are advertisements for the services of prostitutes then, arguably, the publisher of such ads is a pimp - who is actually rewarded by payments for such ads - and is, therefore, in violation of the laws. If one argues that newspapers are not in violation of laws against pimpinmh, consider the following advertisements for sexual services, also published in The Citizen of 15 July 2011: TOPLESS TEENS Only on heels 6 NEW LEGAL TEENS Do it all. View and Choose *A VERY NAUGHTY TEEN New Black sexy 12 TEENAGERS ONLY Black & Coloured View & Choose. What, or who, is a teen or a teenager? It is generally understood that the word teen describes the years of a persons life, or a person, between the ages of thirteen and nineteen. However, most people regard a teen or a teenager as someone under the age of 18 years a child, as defined in section 28(3) of the Constitution, the Films and Publications Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act. The definition of a teen or a teenager certainly includes children under the age of 18 years i.e. between the ages of thirteen and seventeen. Sex ads involving teens and teenagers, therefore, are in violation of laws against the sexual exploitation of children. In terms of the child pornography offences in both the Films and Publications Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act, a child is any person under the age of 18 years. A teen or a teenager is, therefore, a child in terms of South Africas anti-child pornography laws.

The prohibitions against child pornography are not restricted only to depictions, descriptions or scenes of child pornography. In terms of section 24B(1)(d) of the Films and Publications Act, any person who knowingly makes available, exports, broadcasts or in any way distributes or causes to be made available, exported, broadcast or distributed or assists in making available, exporting, broadcasting or distributing, any film, game or publication .....which advocates, advertises, encourages or promotes..... the sexual exploitation of children, shall be guilty of an offence. In so far as the Criminal Law (Sexual Offences and Related Matters) Amendment Act is concerned, section 17(2) creates the offence of involvement in the sexual exploitation of a child through offering the services of a child to a third person, for financial or other reward, favour or compensation to any person, including the child, for the purposes of the commission of a sexual act with a child by a third person.....by inviting, persuading or inducing the child to allow a third person to commit a sexual act with the child or by participating in, being involved in, promoting, encouraging or facilitating the commission of a sexual act with the child by a third person or by making available, offering or engaging the child for purposes of the commission of a sexual act with the child by a third person... Section 18 prohibits the sexual grooming of children meaning it is an offence to seduce, persuade, lure, promote, condone, advertise or encourage sexual activities with children. Section 18(1)(a) makes it an offence to manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of an article, which is exclusively intended to facilitate the commission of a sexual act with or by a child (B) and section 18(1)(b) provides that any person who manufactures, produces, possesses, distributes or facilitates the manufacture, production or distribution of a publication or film that promotes or is intended to be used in the commission of a sexual act with or by B will be guilty of the offence of promoting the sexual grooming of a child. Section 18(1)(d) is also of relevance, providing that it is an offence to arrange or facilitate a meeting or communication between a third party and a child by any means.....with the intention that the third party will perform a sexual act with a child. There can be no doubt that the use of the words teen and teenager in sex ads does advocate, advertise, encourage and promote the sexual exploitation of children. Even if the ages of the women in the sex ads are older than 18 years, the very use of the words teen and teenager suggests that sex with a teen or teenager is legal and acceptable. The publishing of advertisements for sexual services sex ads involving teens and teenagers also amounts to the

facilitation of meetings or communications between third parties and teenage children. Newspapers publishing such sex ads are, therefore, in clear violation of the offence provisions of Films and Publications Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act. The problem with newspapers is not only the failure to understand the Sexual Offences Act, Films and Publications Act and the Criminal Law (Sexual Offences and Related Matters) Amendment Act but also the failure to appreciate Parliaments concerns in passing such legislation. Newspapers (and broadcasters) also do not seem to appreciate the fact that the Films and Publications Act deals with the protection of children from abuse and exploitation, as well as exposure to potentially disturbing and harmful content and that newspapers and broadcasters are exempted not from the provisions aimed at the protection of the emotional, physical and psychological well-being of children but only from the regulatory authority of the Film and Publication Board. A change in the mindset of newspapers and broadcasters towards children will certainly contribute to the fight against the abuse and exploitation of children. It is time that section 28 of the Constitution is seen not simply as a Childrens Bill of Rights but as a Societys Bill of Duties, Obligations and Responsibilities Towards Children. Iyavar Chetty