In the face of piracy clampdowns and recent Internet-related Bills, GetSmarter and the University of Cape Town are offering a course on Internet and the law.
Online training firm GetSmarter says the course addresses all the laws that govern the Internet.
“The Internet is an integral part of daily life, but few people truly understand the legal implications of being online. As the law rushes to keep up the rapid shift in technology, regulations become even murkier.”
The firm adds that the course offers an overview of the legal implications involved in using, transacting and doing business on the Web.
“The course is aimed at anyone who conducts business online, and especially at lawyers involved in e-commerce, IT managers and professionals, managers whose companies rely heavily on the Internet, and marketing personnel who carry out Internet marketing campaigns.”
GetSmarter says some of the topics covered in the course include copyrights, patent laws, online consumer protection, privacy and freedom of expression online, e-commerce and Internet criminal law.
Presented in conjunction with Web and digital media lawyer Paul Jacobson, the course is run entirely online, over 10 weeks, and is offered part-time. It starts on 13 September and registrations close on 3 September.
Educational access
South African research shows local copyright legislation infringes on access to learning materials via digital portals, where just opening a Web site could be regarded as illegal copying.
The study was carried out as part of the eight-country African Copyright and Access to Knowledge (ACA2K) project.
“A gap that the South African research team found in SA's Copyright Act of 1978 and its regulations is that there is no exception allowing permission-free adaptation of works for use by sensory-disabled people,” states the study findings.
“Also, the 'fair dealing' exception in the Act was found to be too vague to prove reliable to users. Another problem is that the Act does not cater for the digital age - in which 'reproduction' has been transformed and even the simple act of opening a Web site is potentially an act of illegal copying.”
Jacobson says relevant changes to the law will not necessarily open doors for piracy. He explains that this recommendation basically calls for a removal of digital rights management (DRM).
“Removing DRM on digital materials will allow for easier access, but the licence will still be in place. In practical terms, it may open the door for piracy, because DRM is removed and access is easier, but the licence is still there.”
Online restrictions
Home affairs deputy minister Malusi Gigaba and Film and Publications Board members made a statement regarding Internet laws at a symposium in July.
Gigaba said he would approach Cabinet about fast-tracking a law to protect children from pornography on the Internet and cellphones, and to stop the spread of child pornography.
The law, which still has to be drafted, according to Gigaba, will place the onus on Internet service providers to halt the spread of the pornography.
Not all alternative solutions to protecting children from pornography over the Internet or cellphones have been adequately explored by the authorities yet, says Ayesha Kajee, executive director of the Freedom of Expression Institute.
Kajee says, while the Constitution does have a clause that limits freedom of expression, “the clause also states that other less restrictive remedies should be looked at”.
These alternative remedies should be the use of hardware and software control measures by parents to restrict their children's access to pornography, that children's cellphones are actively blocked from receiving porn, and that the possibility of some kind of user code to verify age is placed on adult sites, she says.
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