DataPro, the ISP (Internet service provider) focusing on the emerging corporate market, has come out in support of the Film and Publication Board`s recommendation that it should be made an offence for an ISP not to remove child pornography from its network once aware of the existence of that material.
"We think the recommendation to Parliament`s social development portfolio committee by the Film and Publication Board`s legal counsel, which recommended that it should be made an offence for an Internet service provider not to remove child pornography from its network if it knew that it existed, is a move that very few people or companies would disagree with. In fact, this is our policy already and has been for some time now. But one has to be cautious and be aware of privacy issues," said Carine Conradie, marketing manager of DataPro.
She also pointed out that the Internet Service Provider`s Association stated, in reaction to the submission, that South African ISPs are already co-operating fully with authorities in dealing with illegal content such as child pornography.
Currently, the notification procedure for handling illegal material is the presentation of a court order instructing the ISP to remove that content. Upon presentation of such an order -- and assuming that it is technically feasible for the ISP to remove that content -- illegal material is immediately removed.
"The only point made by the ISPA - and we concur - is that the current court-order based system is replaced by a new notification procedure, this process must be clearly defined.
"The problem we are facing as ISPs is that we could open ourselves up to legal action from irate customers if we summarily remove content - especially if we have no legal backing."
Conradie said the public at large must be aware that subscribers have privacy rights and this is provided for in the Bill of Rights. "The legal procedure must be made clear and ISPs should ensure that if they do remove content that they cannot face legal claims. But this recommendation is certainly a move in the right direction," she said.
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