Inxeba Porn Ruling overruled

Inxeba’s porno reclassification has been overturned by the Pretoria High Court‚ on the grounds that it was procedurally unfair and unlawful.

The Judge stated that‚ “if cultural beliefs and practices are to be considered‚ the film is harmful and disturbing and exposes 16-year-olds to the sexual conduct depicted in the film”.

“The film included language which was degrading to Xhosa women and further exposes women to societal violence such as rape. It contains harmful scenes which could cause tensions within the Xhosa community and even within the broader African community. By implication it has an effect on the rights of the Xhosa traditional group‚” he said.

Throughout his judgment‚ Raulinga stressed that the Inxeba filmmakers’ rights to freedom of expression could not override the rights to dignity of Xhosa people.