preceding which is capable of being created, manipulated, stored, retrieved or
communicated but excludes content contained in private communications between
consumers;
(d)
“content service” means—
the provision of content; or
(i)
(ii)
the exercise of editorial control over the content conveyed via a
communications network, as defined in the Electronic Communications Act,
2005 (Act No. 35 of 2005), to the public or sections of the public; and
(e)
“operator” means any person who provides a child-oriented contact service or
content service, including Internet chat-rooms.
(2) Any person who provides child-oriented services, including chat-rooms, on or through
mobile cellular telephones or the internet, shall—
(a)
(b)
(c)
(d)
(e)
moderate such services and take such reasonable steps as are necessary to ensure
that such services are not being used by any person for the purpose of the
commission of any offence against children;
prominently display reasonable safety messages in a language that will be clearly
understood by children, on all advertisements for a child-oriented service, as well as
in the medium used to access such child-oriented service including, where
appropriate, chat-room safety messages for chat-rooms or similar contact services;
provide a mechanism to enable children to report suspicious behaviour by any
person in a chat-room to the service or access provider;
report details of any information regarding behaviour which is indicative of the
commission of any offence by any person against any child to a police official of the
South African Police Service; and
where technically feasible, provide children and their parents or primary care-givers
with information concerning software or other tools which can be used to filter or
block access to content services and contact services, where allowing a child to
access such content service or contact service would constitute an offence under
this Act or which may be considered unsuitable for children, as well as information
concerning the use of such software or other tools.
(3) Any person who fails to comply with subsection (2) shall be guilty of an offence and
liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to
both a fine and such imprisonment.
[S. 24C inserted by s. 29 of Act No. 3 of 2009.]
CHAPTER 7
Prohibition of Conduct Contrary to Classifications
25.
......
[S. 25 amended by s. 9 of Act No. 18 of 2004 and repealed by s. 30 of Act No. 3 of 2009.]
Wording of Sections
Wording of Sections