The Internet Service Provider Association of SA (ISPA) welcomes the extension for the finalisation of the Film and Publications Amendment Bill of 2006.
The decision to extend the deadline follows extensive consultations between government and various industry stakeholders, including representatives of electronic and print media, who had concerns about some clauses, says Film and Publications Board (FPB) CEO Shokie Bopape-Dlomo.
The postponement will give the FPB the opportunity to consult more extensively with stakeholders to ensure issues of concern regarding some of the provisions in the Bill are addressed, Bopape-Dlomo says.
She notes while the principle of protecting children is paramount among all stakeholders, there still needs to be discussion as to how protective measures will be implemented.
Bopape-Dlomo also concedes that some of the provisions in the Bill would have unintended consequences, as they were initially drafted into law during the apartheid era when government sought to silence alternative media.
Impractical, unfair
The Film and Publications Amendment Bill, which aims to protect children against pornographic content, has been criticised by media bodies such as the Freedom of Expression Institute, African National Editors' Forum, Print Media SA and the Online Publishers' Association (OPA), who note that some provisions would limit freedom of speech.
Within the ICT sector, ISPA and the Wireless Applications Service Providers' Association (WASPA) were also concerned that the Bill targeted wrong entities with stringent requirements, presented confusing definitions and was not technology-neutral.
One of the key issues which concerned all parties was the requirement that content should be submitted for classification prior to publication. "The implications for online media, which relies on an immediate response to breaking news, are extremely concerning to our members," says OPA chairman Russell Hanly.
WASPA says the requirement to submit content to the board for classification could potentially lead to the demise of some WASPs, as it was too onerous for entities that regularly deal with large amounts of content, and with content that is changed on a regular basis. "WASPs will not be able to survive its implementation," WASPA chairman Leon Perlman says.
Hanly also notes the Bill, in its current form, does not deal adequately with the immense amount of Internet content generated in SA on a daily basis, as well as user-generated content such as blogs, photos and video and responses posted to articles.
The Bill will be resubmitted to Cabinet next year, after the consultation process, Bopape-Dlomo says.
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