Since 1994, South Africa has been hailed as one of the African countries where civil liberties are enshrined and protected by a progressive Constitution. However, recent draft legislation proposed by the Film and Publication Board (FPB) which would regulate online content has left many people stunned by the degree of poorly-defined yet draconian and far-reaching censorship provisions for online content. by Rebecca Kahnam
The regulation seems to apply to films and games distributed online (regardless of subject matter), as well as to publications containing certain loosely-described forms of sex, violence and hate speech:
5.1.1 Any person who intends to distribute any film, game, or certain publication in the Republic of South Africa shall first comply with section 18(1) of the Act by applying, in the prescribed manner, for registration as film or game and publications distributor.
5.1.2 In the event that such film, game or publication is in a digital form or format intended for distribution online using the internet or other mobile platforms, the distributor may bring an application to the Board for the conclusion of an online distribution agreement, in terms of which the distributor, upon payment of the fee prescribed from time to time by the Minister of DOC [Department of Communication] as the Executive Authority, may classify its online content on behalf of the Board, using the Board's classification Guidelines
The implication here is that video bloggers or any other kind of digital creator who create content and upload it to services such as YouTube, Vimeo or any other platform and do not register as distributors, run the risk of falling foul of the regulations, and face the prospect of FPB officers knocking on their door. As a solution the Board has provided a mechanism which places the burden of classifying such content onto Internet intermediaries (without actually providing an exception for user-generated content):
7.5 In the event that such content is a video clip on YouTube or any other global digital media platform, the Board may of its own accord refer such video clip to the Classification Committee of the Board for classification.
7.7 Upon classification, the Board shall dispatch a copy of the classification decision and an invoice payable by the online distributor within 30 days, in respect of the classification of the content in question.
In this case, an online distributor might be a South African ISP, despite the fact that they might have no connection with any global digital media platform who might be hosting the the content. And no provision seems to be made for content uploaded via non-local services. In either case, the draft presumes that ISPs have both the capacity and the will to take down the original video, and to upload a new, classified, version containing the FPB's logo:
7.10 The online distributor shall, from the date of being notified by the Board in writing of the classification decision, take down the unclassified video clip, substitute the same with the one that has been classified by the Board, and display the Film and Publication Board Logo and classification decision as illustrated in clause 5.1.6.
In South Africa, classification by the FPB is already required for offline films, games and proscribed publications, and the proposed regulation purports to be extending the classification scheme to online versions of those materials.
--
Another disturbing clause states that:
7.4 With regard to any other content distributed online, the Board shall have the power to order an administrator of any online platform to take down any content that the Board may deem to be potentially harmful and disturbing to children of certain ages.
So online platform can be compelled to to take down any online content that the Board may deem to be potentially harmful and disturbing. However, traditional publishers are subject to no such extrajudicial censorship.
In terms of the definition of what might be deemed harmful and disturbing, the draft's background section gives an example of non-sexual videos that, even under the current law, were issued a classification by the FPB. One example cited was two videos, currently hosted on YouTube in which an evangelical pastor orders members of his congregation, some of whom were minors, to graze like cattle and drink petrol. Under the new proposed regulation, the FPB would be able to order such videos - which are obviously newsworthy and in the public interest to be seen as news - to be deleted from the Internet.
The juxtaposition of old-fashioned moral censorship, with it's narrowly prudish preoccupation with depictions of sex and violence, alongside attempts to control the creation and distribution of digital films, games or other publications has been seen by some analysts as an attempt by the government to use the FPB as a mechanism of state control over civil society debate and criticism of the government, without consideration for broader free speech or public interest rights. In their analysis, the Electronic Freedom Foundation go so far as to argue that it bears the hallmarks of being the response to a wish-list from a single, puritanical special interest group.
In this respect, it is an alarming return to the censorship rules of the apartheid era, when many books, films, and other cultural works were banned for being dangerous, subversive or obscene. These include Mary Shelley's Frankenstein, which was deemed obscene, the children's novel Black Beauty (a story about a horse) which was banned because of the title, or the 1967 film Guess Who's Coming to Dinner which was banned because of its depiction of a multiracial relationship.
And while analysis has shown that some clauses in the draft proposal are, in fact, unconstitutional and as such are likely to be struck down by
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
01/06/2026
January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026
Throughout the week, Dolby brings to life the latest innovatio...
06/05/2026
Polands Miecznik-class frigates are part of the largest contract in Polish shipbuilding history. (Image Credit: PGZ Stocznia Wojenna)...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Riedel Communications today announced the expansion of its leadership structure as part of a strategic initiative to strengthen both its operational management ...
06/05/2026
For nearly three decades, Veteran Production Sound Mixer and Five-time Emmy Award Winner Dirk Sciarrotta has helped define the sonic identity of the long-runnin...
06/05/2026
ZEISS CinCraft LensCore: Cinema Lens Looks for Compositing
Brie Clayton May 6, 2026
0 Comments
ZEISS announces the launch of CinCraft LensCore, a nove...
06/05/2026
Wisycom Solves Extreme RF Challenges Across Miles of Live Action for Gravity Med...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Narrative Entertainment has partnered with Encompass to deliver high-quality subtitling of its Great! network content using the Altitude Intelligence AI assiste...
06/05/2026
SipRadius, widely recognized for making content processing and connectivity secure and seamless, is proud to launch a dramatic new approach to AI content creati...
06/05/2026
When the broadband and media industry gathers at ANGA COM in Cologne from May 19 to 21, Big Blue Marble will be at the forefront. The international broadcast an...
06/05/2026
Cinegy GmbH, a leading developer of software-defined television technology, is proud to exhibit at MPTS for the first time. Visitors to the stand will discover ...
06/05/2026
Val Jeanty Receives 2026 Doris Duke Artist Award Jeanty, a composer, percussionist, and turntablist, is the fourth Berklee recipient of the prestigious award ...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
06/05/2026
When live cycling races and international marathons stretch for miles across cities and countryside, there is no margin for RF failure in live broadcast. As Chi...
06/05/2026
Oberkochen/Germany, May 5, 2026
ZEISS announces the launch of CinCraft LensCore, a novel solution for creating physically based cinematic lens looks for visual...
06/05/2026
Wuppertal May 6, 2026
Riedel Expands Leadership Structure, Appoints Marc Engro...
06/05/2026
SAN JOSE, Calif. - May 6, 2026 - Harmonic (NASDAQ: HLIT) today announced its latest broadband innovations for ANGA COM 2026, highlighting its vision for a new e...
06/05/2026
Statement from Rupert Murdoch, Chairman Emeritus, Fox Corporation on Ted Turner&...
06/05/2026
Friday 8 May on RT One and RT Player
Meet the NSPCA team caring for and protecting animals in need in this six-part series
Fly on the wall, six-part series...
06/05/2026
The race to build the world's most powerful AI factories demands networking ...
06/05/2026
How changes to proteins can alter drug interactions for new precision therapies Scripps Research team maps how chemical modifications to proteins affect drug bi...
05/05/2026
Experts from the world of academia, tech, business, politics and media convened for a Thomson Talks at the Cambridge Disinformation Summit in April. It's th...
05/05/2026
Three phones were hardwired for power and transmission to the truck; camera feat...
05/05/2026
The creative studio behind campaigns for the NBA, Fanatics Sportsbook & Casino, ...
05/05/2026
Nielsen has announced results from a co-viewing pilot program covering February&...
05/05/2026
viztrick AiDi, an on-device AI solution developed by Nippon TV, delivered global...
05/05/2026
ARRI has announced Omnibar, a battery-powered, IP65-rated multi-color LED linear...
05/05/2026
Imagine Communications has announced that France T l visions is the first broadc...
05/05/2026
The Women's National Basketball Association (WNBA) and Bell Media today announced a multiyear agreement to broadcast and stream WNBA games in Canada beginni...
05/05/2026
SVG is proud to announce Warner Bros. Discovery's Techwood Studios in Atlant...
05/05/2026
With no operator required, AutoMic workflow automates talent identification on U...
05/05/2026
A crash in 2015 set the industry back, but this winter proved that drones are he...
05/05/2026
Another year, and more proof that Asia continues to shape some of the world's most exciting new sounds. This year's RADAR artists draw from deep local r...
05/05/2026
The Austin City Limits Music Fest 2026 lineup just dropped, and this year, Spoti...
05/05/2026
New drum machine book campaign incoming
Bjooks have announced that during Superbooth 2026, they will be launching a Kickstarter campaign to fund the product...
05/05/2026
Flagship all-in-one production bundle updated
The latest version of Native Instruments' flagship virtual instrument and plug-in bundle has just been ann...
05/05/2026
Rohde & Schwarz to host RF Testing Innovations Forum 2026, helping design engine...
05/05/2026
L3Harris provides communications, electronic warfare, sensors and mission systems that enable Virginia-class submarine crews to operate with confidence in conte...
05/05/2026
The company grew by 7.6% in net revenue and 16.3% in EBITDA, achieving a 33% inc...
05/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
05/05/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
Since 1994, South Africa has been hailed as one of the African countries where civil liberties are enshrined and protected by a progressive Constitution. However, recent draft legislation proposed by the Film and Publication Board (FPB) which would regulate online content has left many people stunned by the degree of poorly-defined yet draconian and far-reaching censorship provisions for online content. by Rebecca Kahnam
