[8 June 2015]
It appears that the next two years could bring several legislative proposals that may significantly influence electronic communications in South Africa.
Under the Department of Telecommunications and Postal Services (DTPS), there is now a clear trajectory toward drafting a new ICT Policy White Paper. This document will lay the groundwork for new ICT laws that will eventually replace, among others, the Electronic Communications Act.
The Director-General of the DTPS recently mentioned in Parliament that there is still an intention to amend the Electronic Communications and Transactions Act of 2002. A previous attempt in 2012 did not reach completion.
In her Budget Vote Speech on 21 May 2015, the Minister of Communications referenced processes that will allow the Portfolio Committee for Communications to discuss the following Bills:
- Broadcasting Amendment Bill
- ICASA Amendment Bill
- MDDA Amendment Bill
- Film and Publications Amendment Bill
The ICASA Act was recently amended, so the purpose of further changes is unclear. Ideally, these amendments should align with the ICT Policy Review Process and the forthcoming White Paper, though it is uncertain whether this will occur (noting that the Minister of Communications has also initiated a review of broadcasting policy alongside the ICT Policy Review Process).
The intention to amend the Film and Publications Act of 1996 has been known since December 2014, following the drafting of a proposed online content regulation policy by the Films and Publications Board.
Furthermore, an initial draft of the Cybercrimes and Related Matters Bill is anticipated to be released soon.