See, however, also fn 35 above. 40 These regulations will now come into operation on 6 December 2014. 41 Reg 2(2)(a). 42 Reg 2(3). In its Draft Guidance for Industry, (fn 36) the Department of Health describes a 63

Following the global increase in childhood obesity, the World Health Organisation has renewed its calls upon governments to draft and implement clear policies regarding the marketing of energy-dense, micronutrient-poor foods and beverages to children. As part of such policies, two member states of the WHO, namely the United States of America and South Africa, recently increased their regulatory efforts in this regard. These measures elicited strong response from both parents and the fast food industry. The article seeks to discuss and evaluate these regulatory developments and the reaction thereto, while arguing that in an attempt to achieve a balance between the rights of all stakeholders, the best interests of the child must still at all times be considered to be paramount.

The regulation of commercial speech in the interests of public health is an issue which recently has become the topic of numerous debates. Two examples of such governmental regulation are the subjects of discussion in this article, namely the prohibition on the advertising and promotion of tobacco products, as well as the proposed prohibition on the advertising and promotion of infant formulae and other foods and products marketed as being suitable for infants or young children. The article seek to evaluate the recently proposed regulations published in terms of the Foodstuffs, Cosmetics and Disinfectants Act in the light of the reasoning by the Supreme Court of Appeal in the British American Tobacco South Africa (Pty) Limited v Minister of Health 463/2011) [2012] ZASCA 107 (20 June 2012) decision, and in particular in terms of the section 36 test of reasonableness and proportionality found in the Constitution of the Republic of South Africa, 1996. It argues that, although the South African Department of Health must be applauded for its attempt at improving public health in the country, some of the provisions of the proposed regulations are not constitutionally sound. It will be contended that, despite the fact that the promotion of breastfeeding is a laudable goal, the introduction only of measures which restrict the right to advertise these types of products will not necessarily achieve this objective.

It is estimated that approximately two million infants displaying intersex characteristics are born every year. Such children are often subjected to medical intervention during the early years of their lives since it is socially considered “necessary” to allocate a conclusive sex to an intersex child. Although it is broadly observed that there are only three instances where “gender re-assignment surgery” for intersex infants is medically necessary, the majority of surgeries are cosmetic, unnecessary and performed with the stated aim of making it easier for intersex children to grow up to be “normal”. Parents of intersex children are faced with the agonising choice as to whether or not to consent to their intersex baby undergoing sex alteration surgery. Relying predominantly on the information provided to them by medical experts, parents are not always fully informed as to the potential physical and psychological risks attached to this type of surgery at this time of children’s lives. This paper seeks to discuss the role and duty of parents during this decision-making process, by evaluating the obligations prescribed by Article 5 of the Convention of the Rights of the Child.

The recent publication of proposed amendments to the Films and Publications Act 65 of 1996 drew some sharp criticism from the media. Some organisations described these amendments as, inter alia, unconstitutional, outrageous and as part of the erosion of freedom of speech, while the Department of Home Affairs defended the amendments as an attempt to protect children from potentially harmful and age-inappropriate material. This discussion briefly examines the historical development of censorship as well as the current classification process in South Africa, followed by a discussion of the proposed amendments as well as the reaction thereto. The conclusion is that the media maybe has overreacted with regard to some of the amendments and may not understand the effect of the current classification process, while some of their concerns with regard to some of the other amendments may be justified. The true challenge will be that all stakeholders have an honest discussion with each other and would have to try and strike a balance between the important right of the child to dignity as well as his right to not be exploited, and that of the freedom of speech. The printed media also will have to realise that it is the duty of all members of society to protect the rights of the child and there can be no reason as to why newspapers may be excluded from this duty.