‘The Spear’ appeal lodged
An appeal by the Goodman Gallery against the classification of “The Spear” painting has been received, the Film and Publications Board (FPB) said.
“The FPB confirms that the appeal was lodged in compliance with the set procedure and within the time period stipulated in section 20 of the Films & Publications Act 65 of 1996,” spokesperson Prince Mlimandlela Ndamase said in a statement today.
The FPB forwarded copies of the pertinent documents and the final classification report to the Appeal Tribunal, and was now awaiting a response from the Tribunal as to the time, date and venue for the appeal.
Last month, the classification committee of the FPB gave artist Brett Murray’s painting, which depicts President Jacob Zuma with exposed genitals, a 16N rating.
This means children under the age of 16 should not have access to the artwork, because it displays nudity.
The FPB also ruled that its classification committee had the necessary jurisdiction to classify the painting, even though it had been defaced.
Yesterday, Goodman Gallery spokesperson Lara Koseff said the committee had “erred in concluding that a 16N classification was appropriate”.
It failed to adequately take into account that the image was published largely on the internet, and the guidelines on classification did not deal with the problems of classifying online.
It had also not given sufficient regard to the constitutionally protected freedom of expression of the artist.