The new Films and Publications Amendment Act has officially been approved by President Cyril Ramaphosa and is implemented from today, 1 March 2022.
And while the regulations primarily apply to the sale, hiring and streaming of content on various digital platforms, the Act is also introducing much stricter regulations around the distribution of online content in SA. And this includes social media platforms.
South Africans can now be fined or imprisoned for the following:
Posting revenge pornography on social media
According to the Act, no person may expose a private sexual photograph or video on any internet platform:
- Without the consent of the individual/individuals who appear in the content
- With the intention of causing harm to the indiviudal/individuals
The above will not apply, however, in the case that the individual who appears in the content has given consent to the original creation of the content.
A photograph or film of this nature is considered “private” if it was not intended to be seen by others. This is judged from the context in which the photograph/film is shot.
And if anyone knowingly shares private sexual content on any platform without prior consent, they shall be guilty of an offence and liable upon conviction to a fine that can go up to R150 000. They can also receive a prison sentence for a period of up to two years.
No hate speech allowed
Anyone who knowingly distributes “hate speech” will be punished. This includes:
- Propaganda for war
- Incites imminent violence
- Advocates hate speech
According to businesstech, hate speech includes “words that could reasonably be construed to demonstrate a clear intention to be harmful, to incite harm and promote or propagate hatred against the said person or identifiable group”.
These people shall be guilty of an offence and liable upon conviction to a maximum fine of R150 000 or imprisonment for a maximum period of two years.
ISP requirements
An internet access provider (ISP) has the right to immediately remove content if it is linked to:
- Child pornography
- Propoganda for war
- Incitement of imminent violence
- Advocating hatred based on and identifialble group characteristic
In the case that the ISP does not remove the content, the person who uploaded the content may be subject to a fine.