Keeping up with the rapid pace at which technology is evolving is a challenge for South African regulators, with artificial intelligence (AI) and cyber security high on the difficulties list.
This was the consensus of CEOs and a councillor of four public regulators in SA, speaking at the launch of the recently-announced Information, Communication Technologies and Media Regulators Forum of South Africa.
It comprises the Independent Communications Authority of SA (ICASA), Film and Publication Board (FPB), Information Regulator and .ZA Domain Name Authority (ZADNA).
The forum aims to strengthen cooperation, reduce overlapping efforts and create more efficient regulations for the evolving ICT and media sectors.
At the launch, the executives from the four regulatory entities reflected on how the digital environment impacts their ability to carry out their mandates.
From AI to unsolicited marketing
On technology-related issues that worry the Information Regulator, CEO Mosalanyane Mosala listed AI, and its impact on the protection of personal information, as a top concern.
The InfoReg believes it needs to have a say − either through a policy, engagement or collaboration − on what the impact of AI will be.
“This is because it [AI] has the potential of storing and transferring personal information to others without following the law. This is our first problem that we have.”
Direct marketing is another issue that concerns the InfoReg. “We’ve issued a guidance note on this and we are consulting with the sector.”
The “massive” problem of security compromises is third on the list, he stated.
“In 2022/23, we had 590 security comprise notifications. Last year, this rose to 1 727, and organisations affected are from private and public sectors. All of us have suffered a security compromise, one way or another.”
Headed by advocate Pansy Tlakula as chairperson, the dual-mandated Information Regulator must ensure organisations put in place measures to protect the data privacy of South Africans under the Protection of Personal Information Act (POPIA). It also takes care of the Promotion of Access to Information Act.
In terms of POPIA, the Act sets down firm frameworks that companies have to abide by to avoid fines, criminal prosecution and potential reputation loss. Breaching the rules and regulations outlined by this Act can have serious financial implications and long-lasting consequences.
ZA Domain Name Authority CEO Molehe Wesi listed cyber security compromises and domain name abuse among the critical issues faced by ZADNA.
“We also have a headache similar to what Mr Mosalanyane mentioned. Another big headache in our space is domain name abuse, which encompasses issues around scamming, delivery of malware, phishing and so forth. This subsequently leads to security compromises.
“There are certificates that are supposed to secure sites but…you’ll find that the threat in recent years is that 70% of the compromises are delivered as a secure package. This simply means that what you think is good for you, is actually not.”
Wesi pointed out there is a rapid rise of people utilising AI to create variations of domain names, so it is a struggle to keep up. “Unfortunately, those variations are for other deeds and not someone trying to protect their brand, but trying to find innovative and shrewd ways of getting access to your data by mimicking those that legitimately have your data.”
We hope the forum will enable us to share good practices on closing gaps and ensuring we deliver on our mandates, he added.
FPB acting CEO advocate Makhosazana Lindhorst explained that the board oversees the creation, possession and distribution of films, games and certain publications.
This is done through the FPB’s classification guidelines, ensuring the protection of children against age-rated content, as well as child pornography, which she described as the institution’s core mandate.
“Creating child pornography is an offense in terms of the Act, and the FPB has a dedicated team of child protection practitioners that work closely with law enforcement authorities to analyse the content.
“With technology, it means people have access to phones and social media platforms, which is where the risk lies. Children get exposed to cyber bullying, including being used to create pornography. Our role becomes critical in ensuring we empower parents.”
She further stated that the convergence of technology means there is a need for the FPB to work together with organisations such as the InfoReg.
“Children access games online and those games require personal information. However, we need to ensure young people’s personal information is protected. This is where working together comes in because these are the changes driven by technology for us.”
Pulling together
ICASA outgoing councillor Dr Charley Lewis noted the importance of establishing the forum, saying technological convergence is happening across the areas in which ICASA exercises oversight.
A chapter nine institution, ICASA has regulatory oversight over the telecommunications, broadcasting and postal service sectors.
Commenting on how tech’s rapid evolution challenges the work ICASA does, Lewis explained: “We see convergence in markets, mobile service providers launching as banks, banks launching as mobile services providers; entities that require approval for a particular merger or acquisition have to come to us and they have to go to the Competition Commission.
“There’s an enormous amount of market shift that is bringing many of these entities under the purview or eagle-eye of one or other regulator. It’s become increasingly critical…to have an entity such as the forum launched as far as regulation is concerned.
“We don’t want, in any way, to take away the authority and jurisdiction of each individual regulator, but it’s important that we sing from the same song sheet. We’ll sing a different tune and different notes depending upon the mandate that we have. It’ll be looking at international regulatory good practice, undertaking research, capacity-building, collaboration and align the work that we do, so that it is coherent to the various issues that we deal with.”
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