Establishing civil liability for any person found to disseminate, broadcast, publish or display any content that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person (section 12); and civil as well as potentially criminal liability (upon discretion of the Director of Public Prosecution) for any person who is found to “publish, propagate, advocate or communicate words based on one or more of the prohibited grounds (i.e., race, gender, disability), against any person, that could reasonably be construed to demonstrate a clear intention to (a) be hurtful; (b) be harmful or to incite harm; or (c) promote or propagate hatred (section 10).
Establishing the obligation of IAPs, subject to criminal sanctions (section 27 (A) (4)), to: (a) register with the Board in the manner prescribed by regulations made under this Act; (b) take all reasonable steps to prevent the use of their services for the hosting or distribution of child pornography (section 27 (A) (1)); (c) upon discovery of the use of their services to host or distribute child pornographic material, report to the police the presence thereof, as well as the particulars of the person maintaining or hosting or distributing or in any manner contributing to such Internet address; and (c1) take all reasonable steps to preserve such evidence for purposes of investigation and prosecution by the relevant authorities (section 27 (A) (2).
According to Article 2: The object of this Act shall be to regulate the distribution of certain publications and the exhibition and distribution of certain films, in the main by means of classification, the imposition of age restrictions and the giving of consumer advice, due regard being had to the fundamental rights enshrined in the Constitution of the Republic. According to Article 25: Any person who knowingly- (a) distributes or advertises for distribution a publication classified as XX in terms of a decision of the Board which has been published in the Gazette; (b) distributes a publication classified as X18 in terms of such a decision so published; (c) distributes a publication, classified as R18 or F18 in terms of such a decision so published, in conflict with a condition referred to in section 17(1)(c) or (d)...
This report was produced by the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) in the context of the OpenNet Africa initiative (www.opennetafrica.org) which monitors and promotes internet freedoms in east and southern African countries including Ethiopia, Kenya, Rwanda, Burundi, Tanzania, Uganda and South Africa. Other country reports have been written for Burundi, Ethiopia, Kenya, Rwanda, Tanzania and Uganda. The country reports, as well as a regional 'State of Internet Freedoms in East Africa' report, are available at www.opennetafrica.org. The production of this report was supported by the Humanist Institute for Cooperation with Developing Countries (Hivos), the Citizen Lab at the University of Toronto and the Canadian International Development Research Centre (IDRC). State of...
Subjecting to liability for damages, interdict, delivery of infringing copies (section 24)… “any person who…does or causes any other person to do … any act which the owner has the exclusive rights to do or to authorize” (section 23) to criminal liability “any person who … without the authority of the owner of the copyright: … distributes … to such an extent that the owner of the copyright is prejudicially affected, articles which he knows to be infringing copies of the work (section 27).
This paper is part of a research project conducted on intermediary liability in Nigeria, Kenya, South Africa and Uganda. The paper draws on the independent research conducted by in-country researchers. The research includes five reports, as well as blog posts. The entire research is available at http://iia.apc.org. This paper and the accompanying reports are licensed under a Licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License (CC BY-SA 3.0).