The controversial Films and Publications Amendment Bill, which seeks to regulate the digital distribution of films and games and has been widely criticised as being unconstitutional, is the focus of attention in Parliament’s Communications Committee, which is holding public hearings on the Bill this week. Critics argue the Bill is an attempt to censor the Internet in SA and have labelled it ‘Africa’s worst new Internet censorship law’, notes a BDlive report.

Among other things, the Bill seeks to ‘strengthen the duties imposed on mobile networks and Internet service providers to protect the public and children during usage of their services’. According to the proposed law, Icasa will not issue licences or renewals without confirmation from the Film and Publication Board (FPB) of full compliance with its legislation. The amendment also seeks to deal with ‘technological advances, especially online and social-media platforms’, and outlaws ‘revenge porn’. However, industry players have raised concern that the Bill generally seeks to curtail freedom of expression on the Internet, and gives the FPB wide-sweeping powers to censor the Internet. Last year an online petition against the Bill gathered thousands of signatures in just a few days with many condemning some of the proposed amendments.

The proposed legislation is unconstitutional, according to Mark Weinberg, Right2Know national co-ordinator, who made his presentation yesterday. ‘We reject legislation that is overly restrictive and which frames the Internet primarily as a threat. Onerous legislation will stifle the empowering, democratising potential of the Internet,’ he said, according to the BDlive report. Weinberg said a progressive approach to protecting children and other vulnerable groups online would prioritise education and Internet literacy as a means of empowerment. In its presentation, the Internet Service Provider’s Association said the Bill was vague, adding: ‘If not all content is required to be classified, then the Act must make it clear which content is required to be classified... the Act must also make it clear who bears the obligation to register with the board and to submit content for classification’.

Full BDlive report