The introduction of the Films and Publications Amendment Act at the start of March has led to some uncertainty around the status of websites and other online content in South Africa, and whether website owners and operators will be subject to regulation
The Amendment Act defines a distributor as a person who is in the business of distributing films, games and publications, and explicitly includes a ‘commercial online distributor’ – being a person whose distribution of content is for commercial gain in the definition. “The enforcement committee will use these powers to deal with persons that do not register with the FPB where they should have done so.”The Act will give the FPB power to regulate almost all online content published in South Africa – not just the movies and television it has previously regulated;
No person may expose, through any medium, including the internet and social media, a private sexual photograph ;