The Film and Publication Board (FPB) today announced it has issued a legal notice to internet service providers (ISPs), requiring them to comply with the provisions of the amendment Act.
This, as the content-classification body gets the Films and Publications Amendment (FPA) Act of 2019 into gear.
In line with advancements in digital technologies, the FPA Act seeks to ensure citizens of SA are protected from content in films, games and online platforms, which could cause them moral, emotional or psychological harm.
In a statement, the FPB says the legal notice requires ISPs to report on measures they have taken to tackle the proliferation of child sexual abuse material and other online harms on their platforms and/or services.
FPB interim CEO Mashilo Boloka comments: “This is a monumental step to protect the children and members of the public against online harms pursuant to the objective of the Act, which came into operation on 1 March 2022.”
According to the FPB, this is a preliminary information-gathering process to see ISPs’ effort in combating online harms and abuses.
Since this is the first step, in cases where ISPs fall short, they will be given an opportunity to self-correct within a prescribed time, states the organisation, adding that the step is not particular to SA, as other jurisdictions have already implemented this measure for a voluntary transparency reporting framework.
“We sincerely hope the operators will be open and honest in their reporting. Based on the reports we receive, the FPB shall determine whether to make this a compulsory reporting requirement every quarter. Concurrent to this notice, we will also be analysing the various co-regulatory industry codes and working with co-regulators to ensure alignment with the amendment Act and its regulations,” adds Boloka.
The gazetted legal notice, published on Friday, 28 October, gives ISPs about 90 days to:
- Register with the FPB in the manner prescribed by regulations made under the Act.
- Provide reports to the FPB on all reasonable steps taken to protect children against harmful content.
- The hosting or distribution of propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm by any person.
- Whether they have reported the presence thereof, as well as the particulars of the person maintaining, hosting, or distributing, or in any manner contributing to such internet address, to a police official of the South African Police Service.
- The reasonable steps taken to preserve such evidence for purposes of investigation and prosecution by the relevant authorities.
The FPB concludes that it plans to issue further notices to additional providers in due course to build a comprehensive picture of online safety measures across a wide range of services within its legislative jurisdictions.
“ISPs that fail to comply with the notices within 90 days will be referred to the Enforcement Committee, with possibility of hefty financial penalties or imprisonment sanctions as prescribed in the Act.”
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