In July, the minister of communications & digital technologies released a draft white paper on audio and audiovisual media services and online safety which seeks to provide a vision of the regulation of audio and audiovisual media services and online safety in SA.
This draft white paper has a long history originating from the separation of communications and telecommunication & postal departments in 2014, which carved out all broadcasting issues from the National Integrated White Paper to be dealt with separately by the new department.
The National Integrated White Paper was approved by cabinet in 2016 without broadcasting policy being reviewed. The broadcasting policy review process commenced in the department of communications in 2018 with an independent expert panel.
Since its publication for public comments the first time in 2019, the paper has continued to evolve with new proposals every time it is published, hence the inclusion of online safety which was not part of the original scope. This is the third iteration of the draft paper since 2018, and it proposes far-reaching proposals for online safety in SA, with further policy work still to be done on those proposals.
While the rationale for the draft paper still exists due to the changing landscape dominated by big techs and their social media platforms, the key questions critical to any policy development process is what problem is being resolved by the draft white paper and what is currently in place?
These questions are important because first, except for the economic issues, the problem relating to the Over-The-Top (OTT) services and/or online commercial distributors has been partly addressed by the amendment of the Films and Publications Act in 2019.
Second, the supposedly gaps which draft white paper purport to resolve, have been addressed by the same Act.
Third, online harms/abuses are increasing at an alarming rate, across all the categories harmful and/or prohibited.
While the stated general objectives of the draft white paper is to protect the public against online harms and hold online platforms accountable, in its current form, the draft policy seems to be falling short. This is because it has significantly watered down the regulations of online services than strengthening it.
Another glaring weakness of the draft white paper which can understandably be linked to its long history, relates to the conceptualisation of online safety from broadcasting lenses, eventually resulting in the incorrect treatment of audio and audiovisual media industry vs Trust and Safety industry as the same industry wherein the latter appears to be a subset.
This is a problem that can presumably be attributed to its origin as a Broadcasting Policy. Audio visual media services and online safety are two different industries. While audio visual media services are an offshoot of traditional broadcasting industry by following non-linear models, online safety is, in contrast, a subsector of a new industry known globally as Trust and Safety (T&S) which emerged out of the constant regulatory pressures to create a safer online environment.
They require different policy frameworks because each has its own ecosystem, beyond the scarcity rationale applicable to broadcasting regulation.
Admittedly, SA’s online policy requires a review. But it will honestly, be foolhardy to ignore the foundation already set by the Films and Publications Amendment Act in 2019.
It is this foundation that must be strengthened for public protection and economic growth to create employment for the youth. It is this strengthening through a comprehensive policy framework that will address duplication, streamline functions and improve enforcement.
In the absence of any policy framework, the establishment of the Ombudsman is not only premature, it will be a major drawback to online safety in SA.
Dr Boloka is CEO of OS Lab, a start-up which promotes and pioneers online safety in Africa
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