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The Act introduces significant changes to our law, including the regulation of harmful content and hate speech. The Act affects persons that distribute online content and should be revised by businesses that conduct their activities online. The Act regulates commercial distributors of content (including people who distribute content online for commercial purposes) as well as non-commercial distributors (who distribute content for their own private use). The Act also places new obligations on internet service providers (ISPs) to remove and report certain content or be subject to a fine.
A failure to do so could result in a fine not exceeding ZAR50,000 and/or imprisonment for a period not exceeding six months.
The Act also regulates content uploaded by social media users, bloggers and influencers. There are criminal penalties for distributing content that amounts to propaganda for war, incites violence or which advocates hatred against a person or an identifiable group or which amounts to child pornography.
In a welcome step, the Act criminalises the intentional distribution of private sexual photographs/films without the prior consent of the subject of such photographs and/or films.