Am I a pornographer?

I'm confused.

I note with interest the fact that the Constitutional Court will be examining a High Court decision on the Film and Publications Act today (13th March 2012) which may or may not affect me. They will essentially be deciding on whether or not it is constitutional for the Publications Board to require pre-classification of printed material (books, newspapers & magazines) that contain "sexual conduct". If the Publications board gets the high court's decision over turned, it would mean that (except for newspapers) everything that is published that has "sexual conduct" described/depicted in it cannot be published without first getting pre-approval from them.

Even if the judgement is upheld, there is still some confusion in my mind. It is VERY easy to hide behind the emotive issues of child porn, rape and bestiality and "concern for children", without considering the effects that these things have on the decisions I have to take as a publisher.

Included in the Act in question, if one of the submitted works contains "child porn", that work must be submitted to the Police for investigation and prosecution. I need someone to help me out here. If I publish someone's biography, and in the process of the book they describe that they were raped as a child, does this mean that the book must be classified as for Adults Only (XX or X18)? Is this "child porn"? Does this description mean that I have to submit the book for classification before publication? One of the books I have already published includes a fairly graphical description of a young boy receiving oral sex from an adult woman. Does that mean I am a pornographer? Maybe even guilty of distributing child porn? If so, then it proves that the effect of the law is ridiculous and (in my opinion) unconstitutional.

Unfortunately, I don't have the deep pockets that are required to challenge this, but hopefully the Constitutional Court will start out today by sending the Publications Board home with their tails between their legs!