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- Internet service providers that fail to report cases of harmful content on their platforms will be fined or jailed.
- Companies are expected to have reasonable steps in place to prevent prohibited content online.
- Prohibited content includes incitement of violence, child pornography, and war propaganda.
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The Film and Publication Board (FPB) has issued a legal notice to internet service providers to report cases where their platforms have been used to host or distribute content that constitutes child pornography/incitement of violence, or face a fine or imprisonment.
The requirements, published in the government gazette, are in line with sections of the Films and Publications Amendment Act (FPAA), which aims to limit the distribution of harmful content online.
Previous legislation, namely the Films and Publications Act 65 of 1996, primarily focused on broadcast media such as film and television, while the Amendment Act– which came into effect on 1 March 2022 - expands the FPB's mandate to include social media, online gaming, and other internet-based media.
Companies are expected to provide "reasonable steps" they have taken to prevent access to harmful material or allow their services to be used for hosting or distribution of propaganda for war and incitement of imminent violence.
Failure by internet service providers to inform the FPB within 90 days can result in a fine of up to R150 000 or up to six months' imprisonment.
The FPB said in a statement the reporting requirement was not unique to South Africa, as other jurisdictions had already taken similar steps as part of the Voluntary Transparency Reporting Framework.
Under the regulation, companies are also expected to report persons distributing harmful content to the police and preserve evidence for investigation and prosecution purposes.
The board plans to issue further notices to additional providers in order to build a comprehensive picture of online safety measures.
"We sincerely hope that the operators will be open and honest in their reporting. Based on the reports we receive, the FPB shall determine whether to make this a compulsory reporting requirement every quarter," said the FPB's Interim Chief Executive Officer Mashilo Boloka.
Boloka described the move as a "monumental step to protect children and members of the public against online harms" in line with the act.
It is also the responsibility of internet service providers to set up a mechanism where children can report suspicious behaviour in a chatroom.
Incitement of violence online has been said to be behind the July 2021 unrest, which caused major destruction to business property. In August, a group of 20 people appeared in the Durban Magistrate's Court for having allegedly instigated the July unrest through social media and other platforms.
They face charges including conspiracy to commit public violence, incitement to commit public violence, and arson.
