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The Online and Internet Debate
–
The Film and Publication Bill
(The Internet Censorship Bill)
By Dr. Ivor Blumenthal
Objectives
 To GOVERN the Internet by governing “User Generated Content”
 The bill seeks to amend the films and publications act of 1996 by adapting it to
technological advances
 “The Independent Communications Authority of South Africa (Icasa) will not issue
licenses or renewals without confirmation from the Film and Publication Board of
full compliance with its legislation,”
 GAVIN DAVIS – DA: “The Film and Publications Board has said it wanted all internet
material to be classified in South Africa, according to a government gazette
released in March 2015 which outlined contents of the proposed online regulation
policy. All online material will need to be classified, in much the same way as films
are currently classified.”
 “The policy appears to apply to any person who uploads online content, be it via
Facebook, Instagram, a blog, or any other online platform. This opens the door for
the state to impinge on citizens’ constitutional right to freedom of expression and
to impart information,”
COMPROMISE FOR PUBLISHERS
 Previously, the policy’s reach was also expected to impact on online
publishers by forcing them to apply to the board to have their content
classified. However, Fin24 reported last month that a key compromise was
made in this regard as members of the Press Council are exempt from the
policy.
 This means that members of the Press Council will have their online
content governed by the Press Code and not the online regulation policy.
 “We have had positive confirmation from the Film and Publications Board
CEO that the current exemption that applies to the press will be extended
to general press content irrespective of the medium in which it is
published,” Andrew Allison, head of the Regulatory Affairs for the IAB,
LESSONS TO LEARN:
The process forward
 SELF GOVERNANCE & REGULATION
 An Agreement with the F&PB that the EA for the Contact Centre Sector
will SELF-GOVERN, REGULATE and ENSURE COMPLIANCE
 Setting Standards for Responsible Communications in THE CONTACT
CENTRE ENVIRONMENT (Digital Practitioners are held to Responsible
Marketing Guidelines governed by the ASA)
 Quality of Practitioners to self-govern against its own Communications
Standards – DESIGNATIONS
 COMPLIANCE TESTING – FOR ALL PRACTITIONERS
 COMPLIANCE CERTIFICATION – A COMPLIANCE AND RISK MANAGEMENT
OFFICER DESIGNATION?
The Compact
The EA-CCS becomes responsible for ensuring:
 An Appropriate Standard is established between ALL STAKEHOLDERS in
the CCS for communication using online tools and references,
confirmations and undertakings
 The EA-CCS enters into an MOU with the PB-CCS for the PB to Govern the
activities of Designated Individuals
 This Standard is jointly communicated to all Member Companies and
Individual Practitioners
 This Standard is Published in a National Newspaper once a year as an EA-
CCS Pledge to the Public on-behalf of all Corporate Members of the EA-
CCS and the PB -CS
 This Standard is offered as an elective & CPD Training Module for ALL
EMPLOYEE’S in ALL MEMBER COMPANIES
The Compact
(Contd.)
 ALL Designated Members of the Professional Body MUST sign a
“Communications Pledge” as must ALL CORPORATE MEMBERS
 MEMBER Companies employing over 50 people must assign one MANGER
to be the Compliance Officer
 Members employing less than 50 people must assign Compliance
Functions to a Manager who would serve as a contact person for the
Company on Compliance and participate in annual CPD offered by the PB
on Compliance
 Within 12 months of signing the Pledge, the Member Company must
ensure that the Compliance Officer has been fully Designated as such by
the Professional Body and is in-good standing with the PB at all times.
 Compliance Officers are expected to complete Certificates of Compliance
and upload to their PB Personal Vaults for Moderation
PUBLIC UNDERTAKING BY THE EA AND THE
PB– CCS…..The Contact Centre Confederation
We, the Members of the Contact Centre Confederation, representing the Companies which operate in this Sector,
and the Individuals who are held accountable as Professional Practitioners in this Sector, hereby commit to the
Public that ALL Employer Association Member Companies, employing Professional-Body Designated Practitioners
which companies are Graded by the Employer Association for Compliance, Professionalism, Global Readiness and
Customer Centricism, hereby commit:
1. That we will self-regulate and ensure that the quality of all information provided telephonically, or digitally, on a
personal basis or published for confirmation, has all been properly and professionally screened, qualified and
authorised as proper, appropriate, verifiable and dependable in-terms of the Communication Standards annually
reviewed and published under the auspices of the Contact Centre Confederation.
2. That all Practitioners working in the Sector have been properly trained and Designated as competent to
perform their functions in-terms of the applicable Standards of Communication and that Compliance Testing and
Certification in-terms of these Standards is common practice amongst ALL Corporate Members of the Employers
Association and Individual Members of the Professional Body.
3. That Members of the public are free to lay a charge of non-compliance against any Corporate Member of the
Employer Association or any Individual Designated by the Professional Body in-terms of these Standards which
charge(s) will be fully investigated and pursued within the Contact Centre Confederation .

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KNOWLEDGE SHARING: The Impact on Contact Centes of legislation changes

  • 1. The Online and Internet Debate – The Film and Publication Bill (The Internet Censorship Bill) By Dr. Ivor Blumenthal
  • 2. Objectives  To GOVERN the Internet by governing “User Generated Content”  The bill seeks to amend the films and publications act of 1996 by adapting it to technological advances  “The Independent Communications Authority of South Africa (Icasa) will not issue licenses or renewals without confirmation from the Film and Publication Board of full compliance with its legislation,”  GAVIN DAVIS – DA: “The Film and Publications Board has said it wanted all internet material to be classified in South Africa, according to a government gazette released in March 2015 which outlined contents of the proposed online regulation policy. All online material will need to be classified, in much the same way as films are currently classified.”  “The policy appears to apply to any person who uploads online content, be it via Facebook, Instagram, a blog, or any other online platform. This opens the door for the state to impinge on citizens’ constitutional right to freedom of expression and to impart information,”
  • 3. COMPROMISE FOR PUBLISHERS  Previously, the policy’s reach was also expected to impact on online publishers by forcing them to apply to the board to have their content classified. However, Fin24 reported last month that a key compromise was made in this regard as members of the Press Council are exempt from the policy.  This means that members of the Press Council will have their online content governed by the Press Code and not the online regulation policy.  “We have had positive confirmation from the Film and Publications Board CEO that the current exemption that applies to the press will be extended to general press content irrespective of the medium in which it is published,” Andrew Allison, head of the Regulatory Affairs for the IAB,
  • 4. LESSONS TO LEARN: The process forward  SELF GOVERNANCE & REGULATION  An Agreement with the F&PB that the EA for the Contact Centre Sector will SELF-GOVERN, REGULATE and ENSURE COMPLIANCE  Setting Standards for Responsible Communications in THE CONTACT CENTRE ENVIRONMENT (Digital Practitioners are held to Responsible Marketing Guidelines governed by the ASA)  Quality of Practitioners to self-govern against its own Communications Standards – DESIGNATIONS  COMPLIANCE TESTING – FOR ALL PRACTITIONERS  COMPLIANCE CERTIFICATION – A COMPLIANCE AND RISK MANAGEMENT OFFICER DESIGNATION?
  • 5. The Compact The EA-CCS becomes responsible for ensuring:  An Appropriate Standard is established between ALL STAKEHOLDERS in the CCS for communication using online tools and references, confirmations and undertakings  The EA-CCS enters into an MOU with the PB-CCS for the PB to Govern the activities of Designated Individuals  This Standard is jointly communicated to all Member Companies and Individual Practitioners  This Standard is Published in a National Newspaper once a year as an EA- CCS Pledge to the Public on-behalf of all Corporate Members of the EA- CCS and the PB -CS  This Standard is offered as an elective & CPD Training Module for ALL EMPLOYEE’S in ALL MEMBER COMPANIES
  • 6. The Compact (Contd.)  ALL Designated Members of the Professional Body MUST sign a “Communications Pledge” as must ALL CORPORATE MEMBERS  MEMBER Companies employing over 50 people must assign one MANGER to be the Compliance Officer  Members employing less than 50 people must assign Compliance Functions to a Manager who would serve as a contact person for the Company on Compliance and participate in annual CPD offered by the PB on Compliance  Within 12 months of signing the Pledge, the Member Company must ensure that the Compliance Officer has been fully Designated as such by the Professional Body and is in-good standing with the PB at all times.  Compliance Officers are expected to complete Certificates of Compliance and upload to their PB Personal Vaults for Moderation
  • 7. PUBLIC UNDERTAKING BY THE EA AND THE PB– CCS…..The Contact Centre Confederation We, the Members of the Contact Centre Confederation, representing the Companies which operate in this Sector, and the Individuals who are held accountable as Professional Practitioners in this Sector, hereby commit to the Public that ALL Employer Association Member Companies, employing Professional-Body Designated Practitioners which companies are Graded by the Employer Association for Compliance, Professionalism, Global Readiness and Customer Centricism, hereby commit: 1. That we will self-regulate and ensure that the quality of all information provided telephonically, or digitally, on a personal basis or published for confirmation, has all been properly and professionally screened, qualified and authorised as proper, appropriate, verifiable and dependable in-terms of the Communication Standards annually reviewed and published under the auspices of the Contact Centre Confederation. 2. That all Practitioners working in the Sector have been properly trained and Designated as competent to perform their functions in-terms of the applicable Standards of Communication and that Compliance Testing and Certification in-terms of these Standards is common practice amongst ALL Corporate Members of the Employers Association and Individual Members of the Professional Body. 3. That Members of the public are free to lay a charge of non-compliance against any Corporate Member of the Employer Association or any Individual Designated by the Professional Body in-terms of these Standards which charge(s) will be fully investigated and pursued within the Contact Centre Confederation .