Internet service providers (ISPs) could find themselves held to account for the classification of all content carried on the networks, if the Draft Online Regulation Policies are signed into law.

Current legislation makes ISPs responsible for the content that they distribute, says Sipho Risiba, chief operating officer of the Film and Publication Board (FPB).

“We believe ISPs are not doing their part’ and are not complying with the legislation. There is racism on social platforms; sexual content is uploaded on YouTube; imitative acts are uploaded on YouTube risking encouraging children to engage in harmful behaviour; and violent videos – schoolchildren attacking one another, have gone viral.”

In addition, content developers, hosting companies, and mobile operators will fall under the scope of the new regulations, and be held responsible for content classification.

The FPB has drafted the Online Regulation Policy and is inviting representation and comments from industry within the next 90 days. The entity will hold public consultations from April as well.

The draft policy aims to bring the content available via digital media within the ambit of the FPB’s mandate, which is to classify content in the online space, monitor compliance and focus on child protection.

The draft policy doesn’t make it clear which organisations act as online distributors, although Risiba refers to “online distributors and ISPs” as the entities called upon to work with the FPB on the uniform classification of content across all platforms.

Risiba says that the new media landscape and social networking open up new challenges regarding the regulation of content.

The board’s authority encompasses certain publications, he says, as well as cinema and DVD distribution, Internet Service Providers and mobile content providers.

The same instruments used for the classification of films and games will now be extended to include online content, Risiba says.

Classification is typically according to content, impact and distribution, and outline age restrictions for certain content.

The FPB also assumes jurisdiction over content distributed online, he adds.

The convergence of media platforms has driven new consumer habits as well as different way of distributing content, with more South Africans shifting to online consumption.

Research indicates that South African are increasingly downloading content sourced from international sites. And they are using mobile devices more than ever – especially among younger users.

“We always find ourselves playing catch-up, and need to partner with industry. As a collective we need to come together and take measures to protect our children and ensure content is classified.”

Sexual offenders and racists use online platforms to entice victims and propagate hate speed and incite violence, says Risiba.

He cites chat room grooming, cyber bullying and sexting as being on the increase.