such as the Universal Declaration of Human Rights,138 the International Covenant on Civil and
Political Rights139 and the European Convention for the Protection of Human Rights and
Fundamental Freedoms,140 and implicitly guaranteed in others.
[105] While I agree that one’s right to privacy should be respected, this, in my view, does not
mean that all pornographic or similar material warrants protection under that right or even under
the wing of free expression. There seems to be considerable consensus, both here and abroad, that
some forms of pornography and obscene matter should not enjoy constitutional protection. In my
view, children should not be exposed to or participate in the production of pornography, and that,
therefore, possession by them and exposure to pornographic material should be prohibited.
However, possession by adults, in the privacy of their homes for personal viewing of sexually
explicit erotica, portraying nudity, sexual interaction between consenting adults, without
aggression, force, violence or abuse, may not be prohibited, for the benefit of those who derive
pleasure in viewing such material.
[106] The protection accorded to the right to privacy is broad but it can also be limited in
appropriate circumstances. The different circumstances of different cases may require us to take
decisions specifically suited to particular cases. If the American experience is anything to go by,
it provides a clear example of the approach postulated above. Within the United States First
Amendment, different approaches have been adopted by the Supreme Court in dealing with
138
Article 12.
139
Article 17.
140
Article 8.
58
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