On 1 March 2022, the Films and Publications Amendment Act (Amendment Act) came into force.  The Amendment Act expands the powers of the Film and Publications Board (FPB) to enable them to regulate content on digital platforms.  The Film and Publications Act (the Act) requires that internet service providers (ISPs) register with the FPB. The FPB published a notice in the Govenment Gazette on 28 October 2022 requiring ISPs to register with the FPB within 90 days of the publishing. 

This is not a new requirement as ISPs should have previously registered with the FPB. Rather, the Amendment Act has created new obligations for ISPs as it pertains to the content hosted or distributed through the services.

This post is for ISP who want to know why they need to register and how they can register with the FPB.

Why must an ISP register?

The Act places obligations on ISPs to:

  • register with the FPB; and
  • take all reasonable steps to prevent their services from hosting or distributing child pornography.

Previously, ISPs only had to take action if they found their services were hosting and distributing child pornography. The Amendment Act, however, extended an ISP’s mandate to prevent their services from hosting or distributing:

  • propaganda for war,
  • incitement of imminent violence, or
  • incitement to commit harm.

An ISP must also furnish the South African Police Service (SAPS) with the details of users who accessed or attempted to access child pornography.

What happens if they don’t comply?

You can either get a fine or go to jail. The size of the fine and length of the jail time depends on which obligation you do not comply with. If you fail to register, its a fine not exceeding R150 000.00 or a maximum prison sentence of six months.

If you do not provide SAPS with the details of users who accessed or attempted to access child pornography , you may end up with a fine not exceeding R750 000.00 or up to five years in jail.

How can an ISP register?

An ISP can either register through the FPB’s website or using the registration forms found on the website.

The application must include:

  • proof of business registration
  • a document confirming that your tax affairs are in order
  • a declaration warranting that to the best of your knowledge that you comply with the laws and regulations that apply to you, your business complies with the legal requirements that apply to you, and, you will continue to take all reasonable and necessary steps to maintain your compliance.

An ISP must also state, as part of the application, that it has taken steps to prevent children from seeing child pornography and pornography.

What happens after registration?

Once you’ve submitted your application, the FPB will issue you with a certificate that you must display:

  • inside all your premises;
  • in any of your registered businesses; or
  • on your platform.

Actions you can take

  • Understand your obligations under the Act by asking us to write an opinion for you.
  • Avoid getting a fine by asking us to assist you with the registration process.
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