South Africa has made significant progress in expanding internet access, but must move with greater urgency to ensure that connectivity can be used safely and securely.
According to a new global policy approach called Universal Meaningful Connectivity (UMC), simply making a connectivity service available is not enough.
Rather, governments must ensure that people have both access to digital connectivity infrastructure when needed and the chance to use this connectivity safely and securely.
In addition, UMC prioritises the ability to afford connectivity, access to the required devices and the digital skills needed to properly use connectivity.
Under the UMC framework, a person or household is only considered connected once all of these elements are in place, ensuring full digital inclusion.
ISPA, for one, has noted the commendable success of the private and public sectors in extending access to mobile, fibre and fixed wireless services to South African households.
Affordable connectivity
Recent reductions in the cost to communicate largely attributable to the increase in mobile virtual network operators (MVNOs) since 2021 are also reasons to be positive about the affordability of connectivity in our country.
Further, the Minister has made access to devices a priority programme of his tenure and the mobile network operators (MNOs) will continue to reduce the cost of access to smartphones as they migrate their customer bases to 4G and 5G services following the shutting down of their 2G and 3G networks over the next five years.
It is not clear, however, that sufficient attention is being paid to the related UMC elements of digital skills and safety and security. There is an urgent need for the efforts of entities like NEMISA (National Electronic Media Institute of SA) to be scaled up while education authorities must ensure that digital literacy is taught at all levels.
A digitally literate subscriber is far more likely to be able to use connectivity safely and securely, but there is still a requirement for a legislative and regulatory framework that ensures safe and secure use by providing a framework to deal with issues such as exposure to inappropriate content, cybercrimes, disinformation and cyberbullying.
Not a government priority
Unfortunately, there is no evidence that this is a government priority. There is currently a piecemeal approach towards online harms spread between the Film and Publications Act of 2019, the Cybercrimes Act of 2020 and other local laws.
Extensive recommendations made by the South African Law Reform Commission on the law relating to children and online pornography remain unused.
The recently released Draft Audio and Audiovisual Media Services and Online Safety White Paper makes excellent proposals to fight disinformation and misinformation but is silent on topics receiving attention in other countries, such as age verification and the protection of vulnerable users when online.
Australia, for example, is scheduled to implement a ban on under sixteens using popular social media platforms in December this year.
The Draft White Paper further recognises that the Film and Publication Board (FPB) – while it fulfils a vital educational and outreach role for schools and communities – does not have the legislative foundations, capacity or budget to regulate online harms effectively.
Online harms, real world consequences
The recent High Court order against Meta relating to distributing intimate images and videos of children on WhatsApp is another reminder that online harms have real world consequences which are being felt by South Africans now.
Crafting the right approach to online harms is complex, requiring a delicate balancing of rights and considerations. Rapid developments in artificial intelligence are shifting the goalposts, making it easier to create new forms of harms such as deepfakes and highly convincing misinformation.
These challenges should not stand in the way of the development of discrete online harms legislation and regulation, sending an important signal regarding our priorities and our commitment to meeting the challenges of an interconnected, AI-driven South Africa.
Dominic Cull is ISPA’s regulatory advisor. Founded in 1996, ISPA is the only internet Industry Representative Body (IRB) officially recognised by the Department of Communications and Digital Technologies (DCDT). ISPA advocates for an open, free, and competitive internet landscape. For further information, please contact the ISPA secretariat on the Contact ISPA page.
