Proposed online censorship of South Africa: Draft Films and Publications Amendment Regulations

20 August 2020 

The South African Film and Publication Board (SAFPB) recently published the Draft Films and Publications Amendment Regulations for public comment. The Regulations - which would be promulgated under the Films and Publications Amendment Act 11 of 2019 (the FPAA) - will be administered by the Board - and apply to the sale, hiring and streaming of content on the internet and various other digital platforms in South Africa.

The Foundation has submitted comments to the SAFPB in which it has warned that, in their current form, the draft regulations would amount to digital censorship and would have significant constitutional and other implications not only for online distributors but all South Africans.

The Films and Publications Amendment Act was passed by Parliament in 2019 after heavy criticism from opposition parties. Although it has been signed by the president, it will only come into operation on a yet-to-be proclaimed date.

Critics called the legislation the “Internet Censorship Bill”. They argued that the SAFPB’s attempt to regulate ‘harmful content’ on the internet directly contravened the right to freedom of expression in section 16(1) of the Constitution. However, on 18 August the Minister - Stella Ndabeni-Abrahams - assured the DA, in response to a parliamentary question, that the final version of the regulations will not infringe on the constitutional right to freedom of expression.

Issued by the FW de Klerk Foundation, 20 August 2020