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Right2Know has written to the FPB challenging them to publish records of their public hearings and all the written submissions they received on their website after Cabinet approved the Film and Publications Amendment Bill last week.

There is every reason to believe that Cabinet is attempting to push through the Film and Publication Board’s (FPB) envisioned internet censorship regime, outlined in its Draft Online Regulation Policy, in the face of massive public opposition. We believe the record of public comment will confirm that the majority of South Africans want a free internet.

The Bill that Cabinet has now sent to Parliament would amend the Films and Publications Act, 1996 (Act 65 of 1996), which governs the FPB and the classification of “certain films and publications”, thereby creating an unconstitutional infringement of the right to free speech. As things stand, the FPB’s attempts to broaden its powers of censorship have been flagrantly at odds with our constitution, as a legal submission written by the Legal Resource Centre shows.

According to a government statement, the bill seeks to “[strengthen] the duties imposed on mobile networks and Internet service providers to protect the public and children during usage of their services. The Independent Communications Authority of South Africa will not issue licences or renewals without confirmation from the Film and Publication Board of full compliance with its legislation.” This is a brazen attempt to give the FPB powers that it currently is not and should not be entrusted with.

The government statement also says that the amendment is intended to deal with “technological advances, especially online and social-media platforms.” This flies in the face of contradictory claims by the FPB that it is not interested in classifying social media content.

The FPB and Cabinet would do well to remember that that Draft Policy is unpopular in the extreme and there have been widespread calls for it to be scrapped. Tens of thousands of people have signed petitions by R2K and Avaaz calling on the FPB to do just that.

We stand by our demand that the FPB and Cabinet heed the public’s response and desist from further attempts to push through its highly unpopular and backwards-looking Draft Policy.

Issued by R2K