{"id":82634,"date":"2015-10-20T14:00:05","date_gmt":"2015-10-20T12:00:05","guid":{"rendered":"http:\/\/mygaming.co.za\/news\/?p=82634"},"modified":"2015-11-13T15:08:38","modified_gmt":"2015-11-13T13:08:38","slug":"fpbs-draft-online-regulation-policy-bill-africas-worst-new-internet-censorship-law","status":"publish","type":"post","link":"https:\/\/mygaming.co.za\/news\/business\/82634-fpbs-draft-online-regulation-policy-bill-africas-worst-new-internet-censorship-law","title":{"rendered":"FPB&#8217;s draft Online Regulation Policy bill: Africa&#8217;s worst new internet censorship law"},"content":{"rendered":"<p>The Draft Online Regulation Policy proposed by the Film and Publication Board (FPB) is far-reaching and absolute in its censorship, with little clarity on practical implementation.<\/p>\n<p>This is according to commentators on a recent\u00a0<strong><a href=\"http:\/\/carteblanche.dstv.com\/player\/944314\" target=\"_blank\">Carte Blanche insert<\/a><\/strong>\u00a0about the Internet censorship which will accompany the bill.<\/p>\n<p>The FPB published its\u00a0<strong><a href=\"http:\/\/www.fpb.org.za\/profile-fpb\/legislation1\/514-draft-online-regulation-policy-2014\/file\" target=\"_blank\">Draft Online Regulation Policy<\/a><\/strong>\u00a0in the Government Gazette of 4 March 2015.<\/p>\n<p>In August 2015, the South African Cabinet approved the introduction of a Films and Publications Amendment Bill into the Parliamentary process.<\/p>\n<p>FPB CEO Themba Wakashe said the\u00a0bill is needed to fight undesirable content, which includes racism, child pornography, and bullying.<\/p>\n<h3 class=\"my-4\">Africa\u2019s Worst New Internet Censorship Law<\/h3>\n<p>The bill has been widely criticised, with the Electronic Frontier Foundation calling it <strong><a href=\"http:\/\/mybroadband.co.za\/news\/internet\/127110-worst-ever-internet-censorship-law-planned-for-south-africa.html\" target=\"_blank\">Africa\u2019s Worst New Internet Censorship Law<\/a><\/strong>.<\/p>\n<p>The FPB\u2019s proposed Online Regulation Policy takes aim at all online content, including YouTube videos, online games, and \u201ccertain publications\u201d.<\/p>\n<p>Certain parts\u00a0of the policy, the EFF warns, are particularly worrying as they\u00a0give the FPB unrestricted powers over online content.<\/p>\n<p>\u201cWith regard to any other content distributed online, the Board shall have the power to order an administrator of any online platform to take down any content that the Board may deem to be potentially harmful and disturbing to children of certain ages,\u201d states the FPB.<\/p>\n<h3 class=\"my-4\">FPB\u2019s Online Regulation Policy slated<\/h3>\n<p>Many South Africans have also criticised the bill, including Micah Reddy from the Right2Know campaign.<\/p>\n<p>\u201c<em>What the FPB is trying to do is to give itself sweeping power, which it does not have in terms of the law, to regulate and censor online content,<\/em>\u201d he said.<\/p>\n<p>Media Law consultant Justine Limpitlaw said the new bill is a violation of the constitutional right to freedom of expression.<\/p>\n<p>Media personality Gareth Cliff said it is despicable that the FPB and others will use children as shields before freedom of expression.<\/p>\n<p>\u201c<em>The biggest problem is that there are people who want to use children to put their own agenda in front of everybody else and our constitution. How dare they,<\/em>\u201d said Cliff.<\/p>\n<p>Cliff said\u00a0the proposed regulations are not enforceable, and will end up in court. \u201cUltimately, freedom of expression will win, because people cannot be silenced anymore.\u201d<\/p>\n<h3 class=\"my-4\">The true debate has not started yet<\/h3>\n<p>Ellipsis director and regulatory expert Dominic Cull highlighted that it is not significant that the bill has been approved by Cabinet.<\/p>\n<p>\u201c<em>The debate only begins when the bill is introduced in Parliament,<\/em>\u201d said Cull. \u201c<em>Don\u2019t expect the bill to look the same coming out as it did going in.<\/em>\u201d<\/p>\n<p>Cull said\u00a0the process of drafting an online content regulation policy will essentially start again after it is\u00a0debated in Parliament.<\/p>\n<p>Despite these processes, Wakashe is confident the regulations will kick in in 2016. \u201c<em>I want it to kick in April next year,<\/em>\u201d he said.<\/p>\n<hr \/>\n<p>Succinct and clear as <a href=\"http:\/\/mybroadband.co.za\/news\/\" target=\"_blank\">MyBroadband\u2019s<\/a> coverage of the FPB\u2019s ridiculous regulation proposal and draft is, we thought we\u2019d add in a few thoughts.<\/p>\n<p>Consider that this regulation would mean all technology, hardware, gadget and gaming sites in South Africa would hit a brick wall, forced to apply for approval for everything we post.<\/p>\n<p>Not only would that put us at a significant disadvantage against virtually every other site in the world, outside of South Africa, but the bill would also affect you, the gamer.<\/p>\n<p>Blogs, Let\u2019s Plays, game footage, streaming and everything else you might partake in, it would all have to be passed by an inefficient, abusable and immensely restricting board.<\/p>\n<p>You\u2019d also likely have to pay the board for every application, stopping virtually any up and coming, wannabe, video game entertainer cold in their tracks.<\/p>\n<p>And never mind the difficulties and disruptive processes put forward by this bill, but it\u2019s an insult to even consider the censorship of our thoughts and opinions.<\/p>\n<p>The FPB has no right, whatsoever, to tell us what we can and can\u2019t say, even if it\u2019s potentially harmful to those reading or viewing our content.<\/p>\n<p>The comfort of one, even if they\u2019re in the majority, cannot and must never outweigh the rights of even a single individual.<\/p>\n<p>If you don\u2019t like what we have to say, simply visit another site. It\u2019s that easy.<\/p>\n<hr \/>\n<h4>Written in collaboration with an article that originally appeared on <a href=\"http:\/\/mybroadband.co.za\/news\/internet\/142980-scary-new-internet-censorship-law-for-south-africa.html\" target=\"_blank\">MyBroadband<\/a> and is republished with permission.<\/h4>\n<h3 class=\"my-4\"><strong>In other news<\/strong><\/h3>\n<p><a href=\"http:\/\/mygaming.co.za\/news\/news\/82622-windows-10-to-implement-advertising.html\">Windows 10 to implement advertising<\/a><\/p>\n<p><a href=\"http:\/\/mygaming.co.za\/news\/news\/82602-theres-more-than-just-an-installer-on-fallout-4-physical-release-for-pc.html\">There\u2019s more than just an installer on Fallout 4 physical release for PC<\/a><\/p>\n<p><a href=\"http:\/\/mygaming.co.za\/news\/hardware\/82534-analysts-optimistically-predict-5-million-oculus-rifts-to-be-sold-in-2016.html\">Analysts optimistically predict 5 million Oculus Rifts to be sold in 2016<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The bill, if passed, would mean the death of a great many of South Africa&#8217;s online voices.<\/p>\n","protected":false},"author":221,"featured_media":82636,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_sma_x_autopost_status":"idle","_sma_x_autopost_error":"","_sma_x_post_id":"","_sma_x_attempts":0,"footnotes":""},"categories":[2],"tags":[16152,3169,3174,1969,16154],"class_list":["post-82634","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","tag-censorship","tag-film-and-publication-board","tag-fpb","tag-news-2","tag-online-regulation-policy-for-south-africa"],"_links":{"self":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts\/82634","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/users\/221"}],"replies":[{"embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/comments?post=82634"}],"version-history":[{"count":1,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts\/82634\/revisions"}],"predecessor-version":[{"id":82638,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/posts\/82634\/revisions\/82638"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/media\/82636"}],"wp:attachment":[{"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/media?parent=82634"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/categories?post=82634"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mygaming.co.za\/news\/wp-json\/wp\/v2\/tags?post=82634"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}