The Internet Service Providers’ Association (ISPA) has committed to removing offensive messages posted on platforms such as mobile networks, Facebook and Web sites they control within five working days.
This follows a successful meeting between the association and Siyabonga Cwele, minister of telecommunications and postal services held on Wednesday this week.
The ISPA makes the following explanations and commitments:
* The Constitution of South Africa applies to everyone living in this country. In terms of the Constitution, every person has a right to human dignity, privacy, freedom and security of person, life, property, and culture, among other important rights. The State and private persons may take steps to enforce these rights on behalf of affected persons under the Constitution.
* The current xenophobic activities include the sending of messages intended to encourage, co-ordinate and exacerbate hate crimes, attacks on people from other countries, and looting and stealing from businesses and homes of these people. The Minister views these activities in a most serious light and will exercise all powers at his disposal to deal with these sorts of messages and the people that send them.
* Under the Electronic Communications and Transactions Act of 2002 which the Minister of Telecommunications and Postal Services is tasked with implementing, a process of take-down is provided for in relation to electronic communications which are messages that are sent or received by electronic means. This includes Facebook, WhatsApp, SMSes, e-mails, and any blog or other similar communication.
* This means that the Minister or any other person may initiate or receive a complaint against a service provider that is hosting, caching or transmitting a message that could or that does infringe the rights of any other person.
* If the service provider is a member of the Internet Service Provider Association (ISPA), then we will work with ISPA to assist us in making sure that these messages are removed within the shortest possible time.
* Complaints may be submitted directly to ISPA but the Minister may also initiate complaints.
* The take-down process requires the complaint to indicate which service provider is affected, and the material or activity that is being complained of, along with the right that is being affected. The complaint must be submitted in good faith and must be as accurate as possible.
* The service provider will be required to remove messages or other communications from the relevant website or platform that the messages appear on or are sent and received over, regardless of who is writing, posting or transmitting those messages.
Any messages that infringe any rights under the Constitution will be removed and the necessary steps taken to prosecute the sender within the shortest possible time.