FPB talks online content distribution

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FPB talks online content distribution --

Mon, 20 Jun 2016 15:58

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SCREEN AFRICA EXCLUSIVE: On 20 June 2016, the final day of the 7th Durban FilmMart (DFM), South Africa s Film and Publication Board (FPB) hosted a discussion regarding online content distribution. The discussion was carried by Tholoana Ncheke and Janine Raftopolous of the FPB.

Raftopolous opened the discussion saying that the board has been on a journey regarding the online content regulation policy for the last year and a half and that the point of the session was to give feedback regarding what the stance was in terms of the policy.

Ncheke explained the objective of the policy which she said is to create a regulatory framework for the content which falls within the jurisdiction of the FPB, which is films, games and publications as defined. Ncheke explained that a lot of the feedback that the board received regarding the policy was incorporated into the revision of the policy. Feedback received highlighted that the policy didn t clearly define what it is that the FPB is trying to achieve, and how the board seeks to address the biggest challenge in terms of online content which is the sheer volume of content that is available in the online space and that continues to be available in this space. It even went to the extent of us being criticised for wanting to monitor tweets and Facebook post, and we had to step back as the FPB and see how are we going to clearly demarcate and identify, and make the policy an understandable document where the objectives are clearly defined, said Ncheke.

Ncheke explained that in revising the policy the FPB has distinguished two categories of online content:

1. Video-on-demand (VOD) service providers

Here the online distributor (ShowMax, Netflix etc.) would have to approach the FPB because the requirements for regulating that particular content will remain the same meaning that the content will still have to be classified using the FPB classification guidelines.

The VOD service providers would also have to have in-house classifiers who would need to be trained and certified by the FPB.

2. User generated content

User generated content is typically what you would find on YouTube, explained Ncheke. Here the approach by the FPB is that user generated content will not be regulated on the onset because it is impractical as there is too much available, and it will not necessarily always require some form of regulation. The FPB will only step in if there were a complaint about particular content, where the board would then have to assess what elements have resulted in the public complaint.

If you look at the Film and Publication Act together with the constitution, it is very clear the kind of content that is prohibited and irrespective of whether you re talking to the creative industry you can appreciate that if we re talking about propaganda for war, hate speech, incitement to cause harm, child pornography, it s very clear that that kind of content is prohibited. So even with user generated content we take the same approach by saying that it s that kind of content that should not find its way to the online space, said Ncheke.

Ncheke highlighted that the FPB does not want to be seen to be taking a top-down approach because the industry itself be it the creative industry or the online distribution aspect of it has objectives that it wants to achieve. She further explained that while the board doesn t want to be seen as over-regulating the industry, the two need to work hand-in-hand.

Another aspect that was discussed was the fees associated. There are classification fees that go into ensuring that the content is rightly regulated and there are also registration fees. When it comes to the online space again there is again a distinction even within the tariffs themselves where instead of having a per-title fee, the online content service provider will pay a once off fee, currently set at R795 000 a year. What we have since done as the FPB is in realising that you have various sizes of distributors. There s your very big ones, Netflix for example which has a large subscription base, but at the same time we need to make provisions for your smaller service providers that are still finding their place within the industry and trying to get their piece of the pie as it were, commented Ncheke.

To address this issue, the board is undertaking a tariff review study that will enable it to better accommodate various sizes of distributors where there would be a proportional fee. That again is something that were going to go back and engage the industry on when we have a draft, and see what they have to say so that either way whatever it is we come up with will be something that has incorporated industry input, but this entire process and the online policy itself is not cast in stone, Ncheke advised. This is because there will be ongoing technological advancements that will require constant revision and reworking of the policy.

Raftopolous agreed with all Ncheke said and added, We re going through this just as much as you are going through it step by step, and it s key to note that we re taking a co-regulatory approach. This means that we do not have the capacity to monitor this vast space that is literally changing by the day so it s important that, without being prescriptive about who we deal with in terms of industry bodies etc. the onus is on them to ensure that they adhere to our classification guidelines.

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