ISPs could go to jail for failing to act against racism, hate speech and child pornography
JOBURG – President Ramaphosa recently signed off the Films and Publications Amendment Act.
President Cyril Ramaphosa recently signed off the Films and Publications Amendment Act.
According to the Films and Publications Board it is not yet in effect. They wrote on their website on 7 October that they are waiting from the Minister of Communication and Digital Technology, Stella Ndabeni-Abrahams, to promulgate it.
Internet Service Providers (ISPs) may face serious consequences if they fail to act against people using their services to distribute racism, child pornography and hate speech.
An ISP is defined as “any person who carries on the business of providing access to the Internet, by any means.” They are legally required to register with the Films and Publications Board (FPB).
In terms of the act currently in effect, ISPs who realise that child pornography is being distributed via their services must “take all reasonable steps to prevent access to the child pornography by any person.” They must inform the police and report the particulars of the persons maintaining, hosting or distributing it. ISPs are also expected to assist with ensuing police investigations.
In terms of the amendment act, ISPs must also react immediately upon becoming aware of advocacy of racism or hate speech via their services. The same applies in the event of propaganda for war and the incitement of imminent violence.
Those who fail to act accordingly may be fined or imprisoned.
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