There is more to pornography than just minis

SUNDAY VISION

By Moses Walubiri & Henry Sekanjako

If the Anti-pornography Bill 2011 is passed into law, those found guilty of abating pornography could go to jail for 15 years.

The piece of legislation did not cause as much debate or controversy during its first reading last year as it did when Ethicstrue and Integrity Minister, Rev. Simon Lokodo (right), sought to define what constitutes the offence of pornography early this month.

The Bill has since caused waves within and outside the country over claims it seeks to ban miniskirts.

Daily Mail, a British newspaper, wrote that Uganda was drafting a draconian law that would ban skimpily dressed women like American singer Beyoncé Knowles from its local TV stations.

What exactly does the Bill provide for?

According to Lokodo, the Bill seeks to repeal section 166 of the Penal Code Act which criminalises trafficking in obscene publications, to equip the country with a better law to tackle the “insidious social problem” that is pornography — an offense that “transcends publications and includes communication, speech, entertainment, stage play, broadcast, music, dance, art, fashion, motion picture and audio recording.”

“We are not targeting miniskirts,” Lokodo said last week, adding: “Ours is a campaign against the vulgar and obscene way of exposing the human body for fun or anyone who depicts unclothed or under-clothed parts of the human body that are erotic in nature.”

Although it gives exception to teaching aides (like use of artificial penis for education purposes) or any act or behaviour between spouses in fulfilment of their conjugal rights (done in privacy), the Bill has a broad definition of what constitutes the offence of pornography.

Lokodo, however, clarifies that performing artistes dressed in revealing outfits will not be affected by the enactment of this law.

“I don’t expect someone swimming to wear a kanzu or gomesi,” Lokodo says.

However, the Dodoth West MP contends that late night radio talk shows that “describe or narrate sexual intercourse by presenters or any behaviour that is associated with or leads to sexual stimulation or intercourse” is pornography.

In its current form, the Bill proposes that those culpable of abetting pornography face a jail term not exceeding 10 years, a sh10m fine or both.

trueThe Bill, however, proposes a jail term not exceeding 15 years or a fine of sh14m or both for anyone abetting pornography depicting the images of children — penalties that the minister says are deterrent enough to protect children from the dangers of the vice.

In order for the Bill to weed out pornography from every nook and cranny of society, a nine-member anti-pornography committee will be set up.

Besides carrying out inquiries or inspections to ensure compliance with the Bill, the committee will have the power to cause arrest by a Police officer of any person believed to have committed pornography or close, indefinitely, any internet service provider who promotes, publishes, sells or imports pornography.

The committee will also be entrusted with powers to install any equipment on land, premises or in a vehicle for the purpose of monitoring compliance with the law.

The Bill gives the committee, court or a Police officer not below the rank of superintendent, the right to direct a newspaper, publisher or broadcaster to desist from dealing in pornography.

Section 16(2) of the Bill proposes a prison term not exceeding five years, a sh10m fine or both for anyone ignoring aforementioned orders.

The Bill also proposes a sh5m fine, a five-year jail term or both for any internet service provider who fails to filter out content of pornographic nature.

If enacted, the Bill will clamp down on corporate bodies like newspapers and proprietors of places of leisure or entertainment, who habitually dabble in pornography.

A proprietor of an entertainment place in this case runs a risk of having his license revoked, payment of a sh5m fine, given a five-year jail term or both.

Corporate bodies caught on the wrong side of the law will face a sh20m fine, with company secretaries made to fork out sh10m in fines.

The committee is mandated to keep a register of pornography offenders containing the names of all persons convicted of the crime of abetting pornography.

When asked whether the law would not affect tourism as foreigners take issues with some of its provisions, Lokodo downplayed the fear.

“We know that is a challenge, but tourists have to understand that we have our own enduring immutable values,” Lokodo said.

The Bill is still under scrutiny by the legal and parliamentary affairs committee of Parliament.

Bill defines pornography

The Bill defines pornography as any cultural practice, form of behaviour or form of communication or speech or information or literature or publication or news story or entertainment or stage play or broadcast or music or dance or art or graphic or picture or photography or video recording or leisure activity or show or exhibition that depicts;

A person engaged in explicit sexual activities or conduct, sexual parts of a person such as breasts, thighs, buttocks or genitalia, erotic behaviour intended to cause sexual excitement or indecent act or behaviour intended to corrupt morals.