Films and Publications Act, 1996 (Act No. 65 of 1996)

Regulations

Regulations on the Processes and Procedures for Applying or Registering, Amending, Transferring and Renewing Licences and Terms and Conditions to be applied to such Licences in terms of the Act, as amended, 2022

Schedule 2

Part 7 : Internet Service Providers

37. Internet Service Providers
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(1) An application for registration as an internet service provider in terms of section 27A of the Act must be made on the application and registration forms to be used when submitting applications or when registering, together with instructions and information as to the submission of such forms, whether in paper format or electronically, may be accessed from the FPB’s offices on Monday to Friday, excluding public holidays, from 9h00 to 16h00 or obtained electronically from the FPB‘s website.

 

(2) The application referred to in sub-regulation 37 (1) of these Regulations must include—
(a) proof of registration of the business of the applicant in terms of the applicable legislation;
(b) a document confirming that the applicant's tax affairs are in order; and
(c) a declaration that the applicant warrants to the best of its knowledge and insofar as it is reasonably aware, that it complies with the laws and regulations applicable to it, with its legal obligations pertaining to its business in general and undertakes to continue to take all reasonable and necessary steps to ensure that such compliance is maintained.

 

(3) Every internet service provider must, when making an application for registration as an internet service provider, indicate in the application form:
(a) all measures, or steps taken or put in place to ensure that children are not exposed to child pornography and pornography; and
(b) that their services are being used for the hosting and distribution child pornography, propaganda for war, incitement of imminent violence or advocacy of hatred based on an identifiable group characteristic and that constitutes incitement to cause harm.