The Out in Africa (OIA) Gay and Lesbian Film Festival won its case against the South African Film and Publications Board to unban the film XXY in August 2009.

At the end of February of that same year, OIA argued in court against the initial decision to ban the film was based on discrimination, because the Board’s definition of child pornography should then by the same measure not allow films such as Lolita, American Beauty, Death in Venice, and Romeo and Juliet to be screened in South Africa.

The claim was supported by the Freedom of Expression Institute, and the application was further supported by the well-known intersex activist, Sally Gross. After the lawsuit,  XXY was added to the line-up of films to be screened at the 16th Annual Film Festival in September 2009.