Internet attorney Reinhardt Buys of IT law firm Buys Inc has launched a campaign to oppose what he describes as "draconian and unconstitutional" provisions in the draft Convergence Bill.
Issued for public comment last month, it could impose restrictions on Web sites and require Web site operators to apply for licences to publish content online. Buys says the Bill in its current form could have "far-reaching and restrictive effects on the use of the Internet".
The Bill is intended to deal with licensing issues over a wide range of communication technologies, focusing on the nature of the service offered, rather than the technology used to make the service available.
"In our opinion, the provisions of the Bill relating to online content are unconstitutional. The fact that online content distributors will be burdened with costly and onerous licence requirements not applicable to offline distributors will breach the Constitution`s equality provisions," says Buys.
"Other human rights such as free expression and the right to receive and impart with information will be severely restricted."
He says some media companies could even consider taking their operations offshore if the Bill is passed in its current form.
Buys Inc aims to unite the publishing and Internet communities around the campaign to prevent the current version of the Bill from becoming law.
Among the campaign`s supporters is Web developer FineBushPeople.Net, whose owner, Charles Oertel, says Web entrepreneurs should not be burdened with extra fees. Another campaign supporter, Ruth Tearle, owner of Changedesigns.co.za, says the Bill in its current form could cost small online businesses additional time and money.
"I don`t think the minister of communications truly wishes to censor the Internet and burden online content distribution, but the current draft of the Convergence Bill surely allows that in clear black and white," says Buys. "Our campaign aims to ensure that the Bill`s provisions actually meet its objective."
The campaign will include a submission to the Department of Communications, detailing the potential results of attempts to regulate electronic content distribution. It will also call for online publishers and related information service providers to be excluded from the operation of the Bill and related licence requirements.
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