These fresh regulations also aim to offer recommendations for peer-to-peer content sharing practices and are available for public feedback until September 8, 2023.
The content classification and regulatory authority in South Africa has released these new codes and guidelines in three distinct sections:
Classifying Harmful Content: This section addresses the classification of content deemed harmful, which includes child pornography, "revenge porn," hate speech, and content promoting war propaganda, imminent violence, hatred based on identifiable group characteristics, or harm incitement. Harmful content is broadly defined as material that causes emotional, psychological, or moral distress to individuals, regardless of the medium through which it is published, whether online or offline, such as in films, games, or publications.
Preventing Online Harm: The FPB is seeking to enhance its regulation of prohibited and harmful content, particularly due to the increasing number of cases involving child sexual abuse material that it handles daily. The proposed regulations require online platforms to implement mechanisms to reduce online harm. These standards include:
- Prohibition of hosting or distributing prohibited content.
- Immediate suspension of access to prohibited content upon awareness of its presence on their platforms.
- Availability of easily accessible consumer support through various communication channels, including email, phone, and WhatsApp.
- Implementation of systems for consumers to lodge complaints regarding prohibited content.
- Reporting prohibited content to the FPB.
Prohibited content encompasses explicit sexual conduct violating human dignity, explicit domestic violence, explicit visual representations of extreme violence, bestiality, incest, rape, and degrading acts towards individuals.
Peer-to-Peer Video Sharing Guidelines: The FPB has also published draft guidelines to educate consumers on sharing videos among peers and peer groups on various platforms. Peer-to-peer platforms, including direct messaging and private groups on platforms like Facebook, WhatsApp, or Telegram, are included in this definition. The Film and Publications Act forbids sharing private sexual photographs or videos:
- Without consent from the individuals featured in the content.
- With the intent to harm those individuals.
The FPB's guidelines for sharing photos or videos on peer-to-peer platforms include:
- Respecting copyright and intellectual property.
- Prioritizing privacy.
- Ensuring content is lawful.
- Adhering to platform-specific user guidelines and terms of service.
- Obtaining consent before sharing content.
- Considering context and appropriateness.
- Providing accurate attribution and accreditation.
- Prioritizing user safety and well-being.
In October 2022, the FPB issued a legal notice to South African Internet service providers (ISPs) to comply with amendments to the Film and Publications Act, including registration with the FPB and reporting on prohibited materials. While there has been criticism of the Act's vagueness in certain provisions, ISPs have been required to register under the FPB Act since 2004, although enforcement has not been consistent.
