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

On 1 March 2024, the Film and Publication Board (FPB) of South Africa adopted regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526). The regulations aim to combat misinformation, disinformation, and fake news and include measures for internet service providers. In particular, the regulations mandate that service providers implement measures to prevent the hosting or distribution of prohibited content, including content inciting violence, propagating for war, or advocating hatred based on identifiable group characteristics. Specifically, ahead of and during the 2024 National and Provincial Elections, providers are required to report to the FPB within 30 days from the publication of these regulations the steps taken to prevent access to prohibited content. Failure to comply with these regulations could result in fines up to ZAR 750’000 or imprisonment.