Media Monitoring Africa (“MMA”) appreciates the invitation received from the Film and Publication Board (“FPB”) to provide both written and oral submissions for purposes of the upcoming consultative hearing. This consultative approach – spanning across the different sectors such as civil society, distributors, platforms and government entities – is imperative in securing a legal framework that is both rights-based and effective. Notably, the FPB is currently at a crossroad, and is faced with critical decisions regarding its role, functions and mandate going forward. In doing so, it is crucial for the FPB to strike an appropriate balance between the competing rights and interests that may arise, for instance the right to freedom of expression, on the one hand, and the protection of children on the other. As our courts have repeatedly emphasised, there is no hierarchy of rights contained in the Constitution, and any limitation of a right must necessarily be reasonable and justifiable in an open and democratic society.

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