[imagesource: PA]

The Films and Publications Amendment Act has been granted approval, which means there are a few things one cannot send on WhatsApp and other internet-based platforms.

President Cyril Ramaphosa is making the new laws actionable from today, March 1, so it is definitely a good time to familiarise yourself with what can land you with a hefty fine and potential jail time.

As BusinessTech reported, the new regulations mostly apply to the sale, hiring, and streaming of content on various digital platforms in our country.

Although, the distribution of online content in the country, including through social media channels, is also being strictly monitored and regulated through the Act.

First and foremost, don’t even think about distributing revenge pornography:

No person may expose, through any medium, including the internet and social media, a private sexual photograph or film if the disclosure is made:

• Without the consent of the individual or individuals who appear in the photograph or film;
• With the intention of causing that individual harm.

Content is considered “private” if one can tell that the photograph or film was not taken with the intention to be shared or seen by others:

Any person who knowingly distributes private sexual photographs and films in any medium including the internet and social media, without prior consent of the individual or individuals, shall be guilty of an offence and liable upon conviction to a fine not exceeding R150 000 or to imprisonment for a period not exceeding two years.

An exception is if the material is reasonably being used to prevent, detect, or investigate a crime., or if the individual who appears in the photograph or film has consented to the original creation of such photograph or film.

Moving on to hate speech, with some of those laws already in gear since the Prevention and Combating of Hate Crimes and the Hate Speech Bill kicked in last year:

Any person who knowingly distributes ‘hate speech’ in any medium which amounts to propaganda for war, incites imminent violence, or advocates hate speech, shall be guilty of an offence and liable upon conviction, to a fine not exceeding R150 000 or to imprisonment for a period not exceeding two years.

Hate speech includes words that could reasonably be construed to demonstrate a clear intention to be harmful, to incite harm and promote or propagate hatred against the said person or identifiable group.

Just don’t be kak, alright?

You can read more about what is allowed and not allowed in an insert of the Act published here.

[source:businesstech]