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

Notices

Notice in terms of Section 24C and Section 27A of the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended

Schedule 3

5. Knowledge of the use of services of an internet service provider

 

(1) Where an internet access provider has knowledge that its services have been used for the hosting or distribution of child pornography, propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm, such internet service provider indicate in writing, within 90 (ninety) days from publication of this Notice—

 

(a) all the reasonable steps they have taken to prevent access to the child pornography and use of their services for the used for the hosting or distribution of propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm by any person;
(b) whether they have reported the presence thereof, as well as the particulars of the person maintaining or hosting or distributing or in any manner contributing to such internet address, to a police official of the South African Police Service; and
(c) the reasonable steps taken to preserve such evidence for purposes of investigation and prosecution by the relevant authorities.