Adult Entertainment and Escort advertising in the classified section of newspapers and the internet.

Should ads in the classified section of newspapers not adhere to the same general principles as those set forth by the Advertising Standards Authority? If so, then clearly Adult Entertainment and Escort advertising should not be allowed.
Advertisers of Adult Entertainment and Escort services have no right to place such ads. They might claim to have the right to freedom of expression. But what is freedom of expression, to what does it extend and to which other rights does it have to be weighed up against?

Freedom of expression lies at the foundation of a democratic South Africa and is one of the basic prerequisites for this country’s progress and the development in liberty of every person. Freedom of expression is a condition indispensable to the attainment of all other freedoms. The premium our Constitution attaches to freedom of expression is not novel, it is an article of faith, in the democracies of the kind we are venturing to create.

Constitutional protection is afforded to freedom of expression in section 16 of the Constitution which provides:

(1) Everyone has the right to freedom of expression which includes –
(a) Freedom of the press and other media
(b) Freedom to receive or impart information or ideas.
(c) Freedom of artistic creativity; and
(d) Academic freedom and freedom of scientific research.
(2) The right in sub-section (1) does not extend to –
(a) Propaganda for war;
(b) Incitement of imminent violence; or
(c) Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm."

Whilst in most democratic societies freedom of expression is recognised as being absolutely central to democracy, in no country is freedom of expression absolute. Like all rights freedom of expression is subject to limitation under section 36 of the Constitution.

The outcome of disputes turning on the guarantee of freedom of expression will depend upon the value the courts are prepared to place on that freedom and the extent to which they will be inclined to subordinate other rights and interests to free expression. Rights of free expression will have to be weighed up against many other rights, including the rights to equality, dignity, privacy, political campaigning, fair trial, economic activity, workplace democracy, property and most significantly the rights of children and women.

Then, newspapers should also not allow this type (Adult Entertainment and Escort) of advertising in the first place, as all advertising has to adhere to general principles set forth by the advertising standards authority.

General Principles of the ASA:

Offensive Advertising
1.1 No advertising may offend against good taste or decency or be offensive to public or sectoral values and sensitivities, unless the advertising is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

1.2 Advertisements should contain nothing that is likely to cause serious or wide-spread or sectoral offence. The fact that a particular product, service or advertisement may be offensive to some is not in itself sufficient grounds for upholding an objection to an advertisement for that product or service. In considering whether an advertisement is offensive, consideration will be given, inter alia, to the context, medium, likely audience, the nature of the product or service, prevailing standards, degree of social concern, and public interest.

Unacceptable advertising
Legality
Advertisements should not contain anything which might lead or lend support to criminal or illegal activities, nor should they appear to condone such activities.

Gender
Gender stereotyping or negative gender portrayal shall not be permitted in advertising, unless in the opinion of the ASA, such stereotyping or portrayal is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

All newspapers also claim to serve the community, they even claim this in their mission statements. Here are two examples, but the list is extensive:

Pretoria News
‘The "News" strives to stay close to the community it serves and is constantly on the lookout for better ways to meet its readers' needs. It is by staying abreast of trends in society that we can reflect its vibrancy of the city, the province and the country and the challenges of their rapid transformation from the darkness of apartheid to a young democracy.’

The Star
‘We will be supportive of the good, teach tolerance of everyone's best attempts, kindly in criticism but preaching intolerance of crime in communities or corruption in governance.

On our front page, in our centre pages, in sports columns, business reports and in our letters columns, we will promote the positive aspects of our society, guide ourselves and others towards a better nation built upon fundamental human rights. We will rally against racism and sexism wherever it occurs, but we will try to change attitudes gently - not with brash and strident shrieking. We will be tolerant even of our rivals, turning away carping criticism by showing consistent quality in our journalism, sticking to the truth whatever the cost in popularity.'


According to the newspapers, is this type (Adult Entertainment and Escort) of advertising truly conductive of finding better ways to promote the positive aspects of our society or does it lead to a better nation built on fundamental human rights?

Open the classified section and there it is, shoved and unasked for under your nose.

Adult Entertainment and Escort advertising is not only offensive and immoral but it also portrays women negatively and should be removed.

What are you smokin??????????????????????????????? This does not even warrant a reply!

Anon, what is your point?

I have to say this - Go @!#$ yourselve

At long last we have found Johans father .....................................................

No wonder he is so screwed up

Just a matter of interest how did you find this website? You have to be looking for a site like this to find it? That means you are a wasted little man to look for sites and then complain about them.

You see some of us really enjoy this site and others like this so Johan's dad go do something productive like suicide or somethin!

@!#$, that was to much to read! On what is that retirement home grounds keeper?

Wat Johan? is jy aan jou pa se kant?! Ek dog die ou praat kak en jy sou..oh I get it..nevermind

Huh? I want to smoke some of what Anon has been smoking. Looks like it might just be great stuff!

Dear Anon

You have a valid point, I so wish we could take the moral high ground such as yourself. The news papers quite simply will not pull those adverts as it makes them in excess of R3 million per month.

My believe is that they will fight the ASA tooth and nail and will come up with whatever reasons they require in order for them to continue to run those adverts.

In response to your finale statement, “Adult Entertainment and Escort advertising is not only offensive and immoral but it also portrays women negatively and should be removed.”

I think to some it might very well be offensive but to others it might not. I don’t think that any citizen of this country needs someone else, YOU to outline moral principles to others. I think we all want the choice to decide for ourselves. If you are offend simple don’t read the adverts start an action group lobby the news papers, government to stop running them. I do however feel that your best efforts will be meet with limited success.

The bottom line to all of this is quite simple, prostitution in all its forms has been around for thousands of years and despite the efforts of government, law enforcement, moralists such as yourself. It will remain as part of our society until time immemorial.