While the Internet Service Providers' Association (ISPA) has committed itself to protecting children from inappropriate online content, it cannot behave as a watchdog as the law prohibits this, the association says.
ISPA is an umbrella body for Internet service providers (ISPs), and acts as a self-regulating body and industry mouthpiece.
The association says it has cautioned government not to confuse the two separate issues of online child pornography and the exposure of children to pornographic images through the Internet.
It met with deputy home affairs minister Malusi Gigaba a week ago to discuss issues concerning the protection of children online. Gigaba has been spearheading a campaign to limit the distribution of pornography in SA, including printed and digital forms.
ISPs have been targeted in this campaign as the first line of defence to block child access to pornography and to stop the distribution of children being exploited in such images.
ISPA says that, although it is taking an active role in the fight against child pornography, it does not believe it is feasible for its members to become watchdogs tasked with protecting children from all online pornography, as has been recently suggested.
"Creating, possessing or distributing child pornography or child sexual abuse images (CSAIs) is illegal under the provisions of the Film and Publications Act 65, with harsh penalties for people convicted of these crimes,” says Dominic Cull, ISPA's regulatory advisor.
He adds that ISPA's members are required to take immediate action when they become aware of CSAIs and to work with law enforcement to facilitate the investigation of this crime.
Hard at work
According to an ISPA statement, it has worked closely with the South African Police Service (SAPS), the Film and Publications Board (FPB) and other authorities in a coordinated effort to prevent South Africans from intentionally or inadvertently accessing CSAIs on the Internet.
The FPB, which recently joined the international INHOPE organisation, which co-ordinates global efforts to eradicate CSAIs, is working with the body to gain access to a daily updated list of URLs that have been verified to contain CSAIs. ISPA will then work with the FPB in an attempt to find possible solutions around limiting or eradicating access to these sites, notes Cull.
ISPA's code of conduct explicitly requires members to report any illegal content or conduct they are aware of to the relevant law enforcement agency. ISPA members are also advised to report such content or conduct to the FPB Prochild Hotline (www.fpbprochild.co.za).
"ISPA accepts that the relative ease with which minors in SA are able to access pornographic content online and offline is of concern to society. But it is important to remember that the challenge of dealing with this is a responsibility shared by a number of involved parties,” Cull says.
ISPA is an industry representative body recognised by the communications minister. As such, ISPA members are subject to guidelines from the minister that task them with educating their customers about the ways in which they can minimise the chances of minors being exposed to pornographic content.
Conduct code
ISPA's code requires that members make information about filtering and content labelling available to their subscribers. The association recently agreed with the FPB to develop further materials to be used for promoting awareness and educating consumers.
ISPA believes any attempt to task ISPs with the responsibility of blocking all pornography on the Internet in SA is technically unfeasible and impractical. This obligation will lead to an increase in Internet access costs and impair quality of service and speed, without necessarily achieving the desired objectives, it says. The blocking of access to online pornography is furthermore not catered for under current legislation.
Cull says: "Under South African law, ISPA's members are regarded as conduits through which Internet traffic passes and are not permitted to monitor or intercept such traffic. The only exception is when a member is approached by SAPS to intercept and monitor traffic after due legal process has been followed.”
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