South Africa’s Film and Publication Board (FPB) has taken a big step to deal with the growing worry about harm on the internet by putting out new draft industry codes and standards. The main goal of these rules is to make the country’s digital world safer for people who use it.
The new rules and codes are split into three main parts, each of which deals with a different part of online content:
Classifying Dangerous Content: This section defines criteria and rules for classifying potentially dangerous content. The FPB attempts to protect online users from hazardous or improper content by creating precise criteria for detecting it.
Preventing Online Harm: The second section of the regulations guides platforms, content authors, and users to avoid online harm. This could include cyberbullying, hate speech, sexual content, and misinformation. The standards promote appropriate online activity and discourage harmful content.
Guidelines for Peer-to-Peer Video Sharing: With the advent of peer-to-peer platforms, responsible sharing must be established. This section of the regulations advises on peer-to-peer video sharing while protecting privacy and safety.
The deadline for public comments on draft rules was September 8, 2023. This choice brings attention to the fact that these rules were made with input from everyone involved. This way, it takes into account different points of view to make sure that the laws are fair, effective, and suitable for South Africa’s digital landscape.
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Balancing online engagement
The FPB implements these laws to balance free speech and online user safety. The initiative follows a global trend of governments and regulatory entities recognising the need for online content regulation in the digital age. The final versions of these norms and guidelines may affect South African online interactions and content sharing.
The regulator defines dangerous content as child pornography, “revenge porn,” hate speech, war propaganda, incitement to violence, group hostility, or injury. This includes content in films, games, periodicals, and internet platforms that cause emotional, psychological, or moral pain.
The Film and Publications Board (FPB) promises to simplify hazardous waste disposal. This is because the FPB receives more child sexual abuse reports daily. The FPB recognises that it must monitor and regulate this substance better to stop it.
The FPB intends to make South Africa’s internet safer and more responsible by defining risky and illegal content. The regulator investigates child abuse, hate speech, and violent content. This prevents people from viewing harmful content. In the digital age, material regulation is becoming increasingly crucial.
Proposed regulations
The standards require online platforms to reduce online harm. The regulations define basic standards for online entities:
Online platforms cannot host or distribute illegal content.
If banned content is found on their site, access must be suspended immediately.
Online businesses must provide customer care via email, phone, and WhatsApp.
Consumer complaint systems for forbidden content must be created.
Report unlawful content to the Film and Publication Board.
Domestic abuse, graphic violence, and pride-injuring sexual acts are illegal. This group comprises bestiality, incest, rape, and humiliation.
South African ISPs received a legal notice from the FPB in October 2022 to comply with the Film and Publications Act amendments. The FPB has three months to sign up ISPs and report illicit activity on their networks. They must demonstrate their efforts to prevent hosting and spreading unauthorised content.
The South African Internet Service Provider Association (ISPA) supported the FPB’s ruling and advised ISPs to register. Ellipsis founder Dominic Cull, a regulation specialist, argued the FPB Act amendment’s incitement and hate speech provisions were overly ambiguous.
ISPA regulatory advisor Cull said the FPB Act has compelled ISPs to register since 2004, but regulation has been inconsistent. He emphasised that ISPs must sign up.
How to share videos with peers by FPB
The FPB announced basic rules for peer video sharing in South Africa, guiding consumers on how to share videos across platforms.
Peer-to-peer platforms allow direct content exchange between users. However, the FPB now includes direct messaging and private groups like Facebook, WhatsApp, and Telegram.
The Film and Publications Act prohibits the distribution of private sexual images or movies under certain conditions:
Without permission from the content subjects.
Intentionally harming the person depicted.
The FPB’s peer-to-peer photo and video sharing standards include:
- Intellectual property and copyright respect
- Take privacy into account.
- Legalising the content.
- Following each platform’s user guidelines and terms of service.
- Getting permission before distributing content
- Thinking about context and fit.
- Attributing and acknowledging
- Prioritising user health and safety
The South African government thinks that the FPB’s rules and principles will be carefully followed and that, as a result, online harm will happen less often.