The Department of Communications and Digital Technologies and the Film and Publication Board (FPB) have welcomed the proclamation by president Cyril Ramaphosa to operationalise the Films and Publications Amendment (FPA) Act (2019), effective 1 March.
The FPA Act, dubbed the 'Internet Censorship Act’, was signed into law in 2019. However, its operationalisation was put in abeyance to allow the FPB to adequately prepare and undertake certain critical regulatory exercises as required by the Act.
The controversial regulations seek to make provision for online content distribution, and allow the FPB to be the final arbiter to determine what forms of expression are allowed or not allowed online.
It stipulates that commercial online content distributors have to submit content available on their platforms for classification by the FPB, or enter into individual exemption agreements with the FPB.
The regulation has caused a public outcry since it was first gazetted as a Bill, with many members of the public calling for it to be overhauled for infringing on freedom of speech.
Speaking during a webinar this morning, deputy communications and digital technologies minister Philly Mapulane noted the Amendment Act comes into operation as governments all over the world are grappling with the escalation in potentially harmful content on digital platforms, amid the entrenchment of the fourth industrial revolution in society.
“Changes to the FPA Act seek to modernise laws that protect the South African public from exposure to prohibited content distributed online, as well as exposure of children to harmful digital content that could have adverse psychological and behavioural impacts.
“Laws are enacted to give effect to the rights enshrined in the Constitution. The FPA Act seeks to balance the right to freedom of expression with the responsibility to protect our citizens from harm and to maintain social cohesion,” explained Mapulane.
Those opposed to the Act had voiced concerns over several flaws, including the vague and broad terminology used, stipulations that would see the FPB overstepping into the Independent Communications Authority of South Africa's regulatory jurisdiction, and that it contains constitutional infringements on citizens' right to privacy and freedom of expression.
Despite this, the FPB is adamant that revisions to the Act came about due to the significant changes in the way that films, games and certain publications are distributed.
The consumer protection body notes the Act is set to empower and transform the FPB completely, expanding its mandate and migrating it from a simple classification authority to a fully-fledged regulator, with legitimate powers to issue and renew licences (certificates), accredit distributors and impose fines, in case of non-compliance.
“We have regulations ready, albeit we may have to strengthen in this area. There is a process under way to appoint the Enforcement Committee (EC) introduced by section three of the Amendment Act,” said Zama Mkosi, chairperson of the Film and Board Council.
“The EC provides for speedy resolutions in certain cases that fall under the EC, including the issuing of fines. Of course, there will be cases where the FPB will work directly with our justice courts for prosecution.”
Film and Publication Board acting CEO Dr Mashilo Boloka pointed out that operationally the consumer protection body has started gearing and repositioning itself for the provisions of the new Act.
“There is a process under way to streamline the internal functions so as to elevate the mandate. Our medium-term strategy and annual plan for the next financial year, which will be tabled by the minister in Parliament later this month, adequately reflects our strategic shift and focus to this expanded mandate. The days of regulating the industry through will and agreements are over. As the regulator, we now have sharp teeth to bite.”
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