ISP Obligations in terms of the Films and Publications Act

Posted by LA Thornton on Friday, April 1, 2011

The Films and Publications Act is intended to regulate the distribution and exhibition of certain films and publications.

The Act was amended in 2004 to place registration and other obligations on Internet service providers (ISP). Internet service provider is defined in the Act as “any person who carries on the business of providing access to the Internet by any means”.

The Act requires every lSP to register with the FPB. The current registration fee is R462, with an annual renewal fee of R125.

The Act also requires ISPs to take all reasonable steps to prevent the use of services for the hosting or distribution of child pornography, and if there is knowledge that services are being so used, to -

take all reasonable steps to prevent access to child pornography by any person;
report the presence thereof and the particulars of the person maintaining, hosting or distributing to the South African Police Service (SAPS); and
take all reasonable steps to preserve any evidence.

If requested by the SAPS, an ISP must provide particulars of users who gained or attempted to gain access to child pornography.

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