The Movie and Publishing Amendment Act has finally come into effect and while it may not seriously affect a regular internet and social media user, it is the live streaming services, the movie industry and the gaming world that are affected, despite online platforms already having similar regulations in place. . The law, announced Thursday by the Department of Communications and Digital Technologies (DCDT) along with the Film and Publication Board (FPB) at a media briefing, will ensure that commercial online content, such as movies and games, will be more regulations, including requiring them to register for classification with…
The Movie and Publishing Amendment Act has finally come into effect and while it may not seriously affect a regular internet and social media user, it is the live streaming services, the movie industry and the gaming world that are affected, despite online platforms already having similar regulations in place. .
The law, announced Thursday by the Department of Communications and Digital Technologies (DCDT) along with the Film and Publication Board (FPB) at a media briefing, will ensure that commercial online content, such as movies and games, will be more regulations, including requiring them to register for classification with the FPB before publishing their content.
While some may have criticized the law as censoring the Internet, the provisions state that the only content prohibited is content that promotes hate speech, incitement to violence, war propaganda, child abuse and pornography, revenge pornography, and bestiality.
“The number of companies selling movies, games and publications to consumers online has exploded in recent years. Because the online world is borderless, it is now easier than ever for consumers to access news, information and entertainment created in other countries,” said DCDT Deputy Secretary Philly Mapulane.
Would this pose challenges?
Apart from the turnaround time of eight days for local online distributors and up to three months for international online distributors to be classified, registration for classification will come with different fees depending on the amount of content to be shared.
Malicious content, as stated above, would be denied classification and as per the guidelines of the FPB, such content will be reported to the CEO of the Board of Directors to be published in the Gazette. The exception is when the content is judged in context, the content is a bona fide documentary, or publication of scientific, literary or artistic value or of public interest.
Content containing child pornography will be immediately referred to the South African Police Service by the CEO of the FPB. This includes possession, distribution, sale or rental of child pornography.
Self-censorship a better option
Online platforms such as Google, YouTube and other social media and streaming services already have similar regulations, with algorithms that instantly detect and remove malicious content, said telecommunications, IT and media attorney Janet MacKenzie, a partner at Baker Mckenzie law firm.
Self-classification and regulation, as applied by various countries in the world, would have been preferable, she said.
The amended law as it stands now threatens to seriously affect streaming services such as Netflix and ShowMax, which release movies and content on a daily basis, she said.
“The rest of the world recognizes that self-regulation is the preferred mechanism and means to do this. Here you have huge tech companies that have invested a lot of time, money and effort to actually conclude that the content on their platform is moderated properly. Some of these companies have approximately 30,000 content researchers that they have engaged to ensure that the content on their platform meets their strict standards and guidelines.”
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These platforms ensure that the same content that the FPB is concerned about is not published, and they have algorithms that detect and refer illegal content for investigation, she said.
“Submitting these huge tech companies and streaming services to the requirements of this law will make it extremely difficult for them to comply. It’s also difficult because these platforms are operated globally and are not just focused on South Africa. That they have different guidelines makes it problematic and it will be very expensive to do it,” MacKenzie said.
How does this classification work?
The law only applies to commercial users, which means that non-commercial users are exempt from following the guidelines of the FPB.
Regular media that fall under the press code are also exempt, but those who want to sell their content online must first register and register with the FPB.
This means regular social media users can upload content and videos, but if they contain hate speech, incitement to violence, war propaganda, child abuse or child pornography, viewers can file a formal complaint with the FPB.
This will be investigated and a relevant sanction or fine will be imposed.
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Distributors who wish to make movies, games and certain publications available for sale in the country must submit content for classification to the FPB. The turnaround time would be eight business days for local distributors and up to three months for international online distributors.
“Importantly, this requirement does not extend to broadcast material and publications that fall under the responsibility of the Press Ombudsman. The FPB only classifies publications – books, paintings, magazines – after receiving a public complaint. These are not requirements for submission and classification before distribution.”
“It is important to emphasize from the outset that content classification is not censorship. Censorship means blocking or removing content from distribution in a country. In South Africa, the only prohibited content is hate speech, incitement to violence, war propaganda, child pornography and bestiality,” said FPB chairman Zama Nkosi.
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