South Africa: Implemented FPB's regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526)

On 21 April 2024, the Film and Publication Board (FPB)’s regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526) entered into force. In particular, the service providers were required to implement measures to prevent the hosting or distribution of prohibited content and report to the FPB the steps implemented. Under the regulations, prohibited content includes content inciting violence, propagating for war, or advocating hatred based on identifiable group characteristics. Specifically, the regulations aim to combat misinformation, disinformation, and fake news ahead of and during the 2024 National and Provincial Elections. Failure to comply with these regulations could result in fines up to ZAR 750’000 or imprisonment.