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Why does the Inxeba judgment matter?

29 June 2018 12:09 PM
Tags:
Inxeba reclassification
Inxeba The Wound

Eusebius speaks to Webber Wentzel partner Dario Milo about the movie Inxeba, after the hardcore porn classification was removed.

The age restriction on the movie Inxeba, The Wound has been overturned.

This means the film's no longer classified as hardcore porn.

The North Gauteng High Court ruled that the Appeal Tribunal process for the film was flawed, and should be set aside.

READ: Phemelo shares her feelings towards protest action for film, Inxeba: The Wound

The ruling comes after the Film and Publication Board gave the film a 16 rating, saying it contained nudity and sex. But producers disagreed and challenged the decision in court.

A screengrab of a scene from ‘Inxeba: The Wound’ film. Picture: YouTube.

Eusebius McKaiser speaks to Webber Wentzel partner Dario Milo about the successful review of the classification of Inxeba as effectively pornography.

The Film and Publication Act, for better or for worse contained certain restrictions on who can appeal a Film and Publication Board's classification and here what happened of cause is when the film producers and distributors first applied to classify the film as they were obliged to do.

Dario Milo, Webber Wentzel partner

They were given a 16 LS rating by the Films and Publications Board. Now the act says if anyone wants to appeal that classification, there are only a limited number of categories of persons who can appeal it.

Dario Milo, Webber Wentzel partner

But it didn't afford rights to any person to appeal before the appeals tribunal. So the first basis for the review succeeding was that Contralesa and the Men and Boy Foundation didn't have standing in law under the legislation to appeal.

Dario Milo, Webber Wentzel partner

Listen below to hear why the judgement mattered...


29 June 2018 12:09 PM
Tags:
Inxeba reclassification
Inxeba The Wound

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