-- Online content censorship in South Africa looms --
Tue, 09 Dec 2014 10:19
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The Film and Publications Board (FPB) plans to extend its regulatory reach to the digital space and, in a draft policy document, proposes that all online content distributed in South Africa must be classified by March 2016.
But it won t be without ruffling a few feathers along the way. Already there are concerns, because the agency has drafted this online regulation policy without consulting stakeholders and the breadth of its ambit could invite abuse.
The draft policy, which the Mail & Guardian has seen, requires that, as of 31 March 2016, no one will be allowed to distribute digital content in South Africa unless it is classified in terms of the board s guidelines, or a system accredited by the board, and aligned to its classification guidelines, and the Film and Publications Act and its classifications. The FPB logo must also be prominently displayed.
This regulation would clearly apply to major corporates such as Google and Apple, who face sanctions if they don t comply, but it could also affect bloggers or individuals posting video clips online, who in some cases could face legal action.
The primary mandate of the FPB, formerly a censorship board under the apartheid regime, is to protect children from exposure to disturbing and harmful material, and premature exposure to adult experiences; to provide consumer advice to enable adults and the children in their care to make informed viewing, reading and gaming choices; and to make the use of children in and the exposure of children to pornography punishable.
Distribution fee
The draft policy requires that anyone who wants to distribute a film, game or certain publications online will have to apply for an online distribution agreement. A prescribed fee, determined by the minister, will be imposed and, after payment, the distributor can classify content on behalf of the board by using its classification guidelines and those of the FPB Act.
New regulations published in March 2014 have attempted to widen the categories of businesses that must register with the board. This includes online content distributors, for which a fee of up to R750 000, to be determined by the board, is payable.
In all classification decisions for digital content, the online distributor must ensure that the board s classification decision and logo is conspicuously displayed on the landing page of the website, the website catalogue of the online distributor s landing page of the website, at the point of sale and during the streaming of the digital content, the document states.
It will apply to anyone who distributes or exhibits online any film or game and certain publications in South Africa, including online distributors of digital film, games and certain publications, both locally and internationally.
In response to questions, Sipho Risiba, the chief operations officer of the board, said it would apply to all online distributors, except for newspapers regulated by the Press Council.
Although the Act exempts broadcasters who broadcast content via satellite, except for the broadcast of X18 material/pornography, broadcasters who also stream content online via the internet will have to comply with this policy, he said.
Rating systems
The draft policy says the board has entered transitional agreements with several online distributors in South Africa who are using classification rating systems not aligned with the board s guidelines and Act. The draft policy says classification course material and training will be delivered to online distributors classifiers.
According to the draft, sanctions can be used as a last resort to prevent industry classifiers from repeatedly making misleading, incorrect or grossly inadequate classification decisions.
For self-generated content, the draft policy says the board will have the power to order an administrator or any online platform to take down content that it deems potentially harmful and disturbing to children of certain ages. If the content is a video clip on a global platform such as YouTube, the board can refer it to its classification committee for classification.
It will be final and binding and the online distributor will be billed for the classification decision and, if not paid, could result in legal action being taken against the distributor.
The board, which falls under the department of communications, said the draft policy had been sent to all online distributors. Companies such as Google, MTN, Vodacom, Times Media and MultiChoice have received the policy but would not comment as they are studying the document.
Open for comment
Telkom and Altech were unable to confirm whether they had received the document, which gives stakeholders an opportunity to comment by 28 February 2015.
A source in a large corporate said the company was only aware of the draft policy in response to the M&G s email request for comment about it.
The Internet Service Providers Association (ISPA) was not sent a copy, despite the association calling earlier this month for the introduction of new regulations to be delayed until proper consultations about how to create a credible legal and practical framework had taken place.
A spokesperson for the communications department said it had just received a copy of the document and was studying it.
The policy is not released or approved as yet. What we have is a draft policy that was sent to distributors for comments and inputs, said Risiba. Workshops with industry and stakeholders are also planned for the months of January and February 2015. Thereafter, the draft will be tabled before [the FPB] council in March 2015 for final approval.
He said the document would be made public after that.
Challenges
The draft policy aims to tackle the challenges posed to the board s ability to class
