The Draft Online Regulation Policy of the Film and Publication Board of South Africa would allow classification of user-generated content

Image "Days Gone" by Pete on Flickr, used under Creative Commons license.

By APC Publisher: APCNews    

On 4 March 2015, the Film and Publication Board (FPB) gazetted the Draft Online Regulation Policy and opened it for public comment. The stated purposes of the Policy are to “bring about a comprehensive and fundamental transformation for online content regulation in the country”, “ensure that children are protected from exposure to disturbing and harmful content” and “ensure that classification and compliance monitoring focuses on media content, rather than on platforms or delivery technologies.” In effect the policy would allow the FPB, at its discretion, to classify user-generated content on any online content platform.

The Policy in its current form is problematic, in that:

  • It would stifle freedom of expression and access to information, as enshrined in the Constitution.

  • It would be unworkable from a practical perspective and be in contravention of Section 78 of the Electronic Communications and Transactions Act of 2002 (as amended).

  • It would stifle local online content creation and distribution by small and medium-sized enterprises.

  • It does not reflect adequate recognition of children’s rights and could, contrary to its intended goals, be harmful to children, to survivors of abuse, and to LGBTI communities.

Read the full statement.

 



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