Scope of online safety measure(s).2025-01-21-22-01-38.png)
Online harms addressed
Territorial scope
Penalties and enforcement
Stay in the know
We’ll send you the latest insights and briefings tailored to your needs
19 Feb 2025
Insight
Key online safety measures and status
|
Key online safety measures |
Status |
Additional commentary regarding status |
|
Cybercrimes Act 2020 (CCA) |
Law |
The Cybercrimes Act 2020 criminalises the disclosure of harmful communications. |
|
Film and Publications Act 1996 (FPA) |
Law |
The Film and Publications Act 1996 (FPA) and Film and Publications Amendment Regulations (Regulations) form the legally enforceable foundation for regulating the creation, production, possession and distribution of films, games, publications and online content. |
|
Film and Publications Amendment Regulations 2022 (Regulations) |
Law | |
|
The Draft Guidelines to Determine Whether Content is Harmful |
Voluntary code |
Once brought into effect these non-binding guidelines will supplement the FPA and the Regulations. |
|
The Draft Guidelines on Peer-to-Peer Video Sharing |
Voluntary code |
|
|
The Draft Industry Code on Prevention of Online Harm |
Voluntary code |
|
|
Broadcasting Complaints Commission of South Africa's (BCCSA) Code of Conduct |
Voluntary code |
The BCCSA regulates online content services provided under the editorial control of the National Association of Broadcasters of South Africa's (NAB) members. The Code of Conduct applies to all NAB members who have elected to have their online content services comply with the Code and its online safety commitments. |
Key concepts
|
Key takeaways
The CCA creates various cyber related offences, criminalises the distribution of harmful data messages and extends the ordinary application of jurisdiction
This extension of jurisdiction means that the CCA also applies to offences that have links to SA
The amended FPA and Regulations provide an extended scope to regulate content that is distributed beyond traditional means, ie, online content
South Africa has adopted a hybrid approach, with the FPB developing industry codes of practice and operating a user-complaints scheme, alongside regulatory powers to issue directives of general application
Key contacts
Related insights
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.