The Internet Service Providers\u2019 Association (ISPA) has called for the introduction of new regulations relating to Internet content to be delayed until proper public consultation to create a legal and practical framework has taken place.<\/p>\n
\u201cISPA accepts the need for a raft of measures to be introduced to tackle the exposure of children to undesirable content, such as pornography,\u201d said ISPA co-chair Graham Beneke.<\/p>\n
\u201cWhile many of these measures are required in the offline world, those that are to apply to content carried through electronic communications \u2013 whether through a service provider or peer-to-peer \u2013 need to be very carefully considered.\u201d<\/p>\n
Beneke explained that the complexity of the online environment and the pace of technological change and modes of communication makes the online world different from the offline world.<\/p>\n
One of the main challenges is that the current Film and Publications Act \u2013 finalised in 1996 \u2013 dates from the pre-Internet era.<\/p>\n
Amendments in 2004 and 2009 have attempted to bring the Act into the Internet age with limited success.<\/p>\n
ISPs, for example, have been required to register with the FPB since 2004 but it is not clear what the purpose of this registration is, other than to pay an annual fee.<\/p>\n
No substantive obligations have been imposed on those who register and \u2013 despite failure to register being declared an offence in 2009 \u2013 compliance levels are low.<\/p>\n
The Film and Publications Board has indicated in Parliament that a \u201clegislative amendment process is underway to allow for better regulation of online content distribution\u201d and stated its intention to establish an efficient and effective online and new media content regulatory strategy for the country by 2017\/8.<\/p>\n
\u201cThis is a laudable if ambitious goal, but it will not be achieved without understanding the context in which this strategy is to be applied,\u201d said Beneke.<\/p>\n
In the interim, however, new regulations published in March 2014 have attempted to widen the categories of businesses that must register with the FPB to include \u201conline cellular content providers\u201d, \u201conline content providers\u201d, hosting providers, and \u201conline content distributors\u201d.<\/p>\n
A fee of up to R750 000 \u2013 determined at the discretion of the FPB \u2013 is payable by the last category.<\/p>\n
Beneke argued that it is not clear who exactly should be registering with the FPB because no definitions of the various categories are provided.<\/p>\n
\u201cFurthermore, what is the purpose of this registration if there is as yet no strategy or framework in place for online content classification?\u201d<\/p>\n
The ISPA believes that the impact of compliance and registration fees on the industry needs to be assessed.<\/p>\n
\u201cSurely it makes much more sense to engage with all stakeholders now, before the new amendments are drafted, to make sure they provide the best possible framework for regulation and that it has broad buy-in,\u201d Beneke said.<\/p>\n
\u201cOnce the legislative framework is in place, the Board will be in a much better position to implement the new regulations in a way that will achieve its strategic goals.\u201d<\/p>\n
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