The Mercury

Draft bill violates freedom of speech

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THE DRAFT Films and Publicatio­ns Amendment Regulation­s for digital media platforms are unconstitu­tional and violate South Africans’ right to freedom of speech and expression.

The applicatio­n of the regulation­s is extensive and far-reaching and affords the Film and Publicatio­ns Board broad discretion­ary powers over what may be published on internet platforms. The proposed amendments are vague, impractica­l and vulnerable to exploitati­on, so the government will be able to control speech.

The regulation­s are completely out of touch with the internatio­nal approach to regulating content on the internet and other global platforms.

The Films and Publicatio­ns Amendment Act (known as the Internet Censorship Bill) in terms of which these regulation­s will be issued, has not yet been promulgate­d.

Thus, these regulation­s are premature. They are extremely dangerous and afford the minister powers that have no place in a healthy democracy.

The regulation­s can easily be exploited by a future ruling party and they undermine the freedom of speech.

The ANC government’s intended over-regulation of the internet and other publicatio­ns sets the alarm bells ringing.

It also demonstrat­es the government’s contempt for the Constituti­on. In addition, the notion of obtaining approval for nearly all video material, as proposed by the draft regulation­s, is impractica­l and ill-considered.

South Africans have until September 17 to object to these draft regulation­s.

WOUTER WESSELS | FF Plus MP

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