South Africa
PEN South Africa, the Freedom of Expression Institute and the Right2Know
Campaign and other organisations have
called for the withdrawal of the draft
regulation as it is likely to restrict the
expression of opinion in the country.
They are also concerned that other governments in Africa and elsewhere may
adopt the South African approach or
similar approaches as appropriate not
only for their efforts to control cyberspace in the interests of childhood protection, but also to protect themselves
against legitimate criticism which could
result in inroads on media freedom and
freedom of expression occurring.
Particularly objectionable is the requirement that online content distributors
should be registered and thus could
be de-registered for failure to comply
with the board’s extensive requirements
which means they can be prevented
from publishing online. In effect, this
creates a licensing system which can
be used to violate constitutionally protected freedom of expression online
and curbing the flow of information,
the exchange of ideas and the engagement in creative writing online. One
of the uncertainties in the proposals is
whether every content distributor in the
world would have to register with the
FPB or, failing that, be in breach of the
regulations since they all make content
available in South Africa. The expanded
effect of such a regulation should these
proposals be adopted in other countries
defies comprehension.
Exempted from the regulations in South
Africa are the websites of newspapers
and magazines which are members of
the Press Council and those organisations and individuals that apply to become members of the council – but
that leaves the FPB in control over the
remaining large number of bloggers, in-

ternet platform users and others that do
not take that option, which is unhealthy
in a democratic state.

Cybersecurity Bill threatens
freedom of speech
On 2 September 2015, government
published a Cybercrimes and Cybersecurity Bill for public comment. The law
is designed to bring South African law
into line with international standards
and create specific offences for internetrelated crime. The proposed aims to address a number of valid objectives, such
as giving better legal definition to crimes
such as identity theft, network hacking,
online copyright violation and malware
attacks. While the bill does indeed include many progressive clauses, at the
same time experts have warned that the
bill is too broad and encroaches on constitutional freedoms.
The bill places excessive limitations on
online freedoms such as the right to access information, right to privacy, and
the right to freedom of expression and
opinion. The bill gives the South African
Police Service and the State Security
Agency overly far-reaching powers to
investigate, search, access and seize just
about anything. Furthermore, the bill
will criminalise whistleblowing, as well
impact on investigative reporting. Advocacy groups such as the Right2Know
(R2K), PEN, Freedom of Expression Institute have stated that says while there
is need to combat genuine cyber-crimes
and protect national security in the
country, the Bill is so broad and open to
abuse and should be re-written.

So This is Democracy? 2015

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