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QUARTER 1 and 2 ORGANIZATIONAL PERFORMANCE PORTFOLIO COMMITTEE ON COMMUNICATIONS. Presentation Outline. Vision and Mission NDP Goals Organizational Achievements Organizational Challenges Online content distributors compliance status SAPS Referrals Fight against Piracy ICT Update
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QUARTER 1 and 2 ORGANIZATIONAL PERFORMANCEPORTFOLIO COMMITTEE ON COMMUNICATIONS
Presentation Outline • Vision and Mission • NDP Goals • Organizational Achievements • Organizational Challenges • Online content distributors compliance status • SAPS Referrals • Fight against Piracy • ICT Update • HR Update • Finance Update
FPB Mandate Derived from Film and Publications Act 65 of 1996 as amended in 2004 and 2009. FPB is mandated to regulate the: • creation, • production and • distribution of films, games and certain publications by classifying them and by imposing age restriction and penalty for child pornography and child exploitation. FPB’s mandate responds to the African Charter on the Rights and Welfare of Children and the UN Convention on the rights of the child which states that ‘all adults should do what is best for children and that when adults make decisions, they should think about how their decisions will affect children. .
Other Applicable Legislation In pursuing its strategic vision, the FPB will be guided by the following laws, while upholding the values of our Constitution • Constitution of the Republic of South Africa, Section 16 (2) which prohibits incitement of violence or advocacy of hatred that is based on race, ethnicity, gender, or religion, and that constitutes incitement to cause harm and (section 28 (2) of the Constitution states that a child’s best interest are of paramount importance in every matter concerning the child’, • Electronic Communications and Transactional Act of 2002, Electronic Communications Act of 2005 as amended regulates • Prevention and Combating of Trafficking in Persons Act, 2013 • POPI Act 4 , 2013, • Children’s Act 38, 2005, • Child Justice Act 75 of 2008 • Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, FPB HAS ALSO MADE SUBMISSIONS TO THE HATE SPEECH BILL , CYBER SECURITY BILL AND NATIONAL ACTION PLAN ON RACISM.
NDP Goals The FPB’s mandate is also linked to Outcome 14 of the NDP: Nation Building and Social Cohesion: • Affirmation of the FPB's regulatory role within a democratic context and fostering greater social cohesion; • Through content classification FPB ensures that children are protected from harmful content, that may impact negatively on their childhood development and how they relate to other race groups . • Hate Speech, propaganda for war, bestiality is classified as Refused Classification, unless it is a documentary of artistic merit in which event it would be classified X18.
Cont.. NDP on ICT • The FPB Online Regulation Strategy seeks to ensure that the entity also meets its NDP ICT goals through the elevation of information and communications and technology (ICT) as a significant pillar for online regulation; • Meeting the demands of technological advancement in South Africa, continentally and internationally NDP on Social Protection & Security • FPB is a member on the international association of internet hotlines(INHOPE) • Through this membership FPB, working together with SAPS and Interpol combat child sex abuse material online, child trafficking and exploitation.
Organizational Challenges • Server Crash and impact on business (System currently stable, awaiting above upgrade) • IT infrastructure undergoing complete upgrade (Tender awarded in Q3) • Low fees collection due to decline in the physical distribution of DVDs (Project to review current tariff structure)
Organizational Achievements • FPB and UNISA Classifier Certificate Course Agreement signed. • FPB and UNISA launched the course in December 2016. • There are ongoing efforts by these two institutions to publicise and market the course. • The course aims to professionalise classification of media content and is now available to all South Africans and the first students intake will be in June 2017. • The course will be made available online. Some of our counter-parts in SADC and on the continent have already expressed interest to enrol their content classifiers. • FPB is working with other educational institutions, private sector, industry bodies to encourage enrolment.
Continued • Signed an MoU with the Kenyan Film Classification Board: • MoU enable two entities to forge regional cooperation in the area of online child protection; combating of child trafficking, child sexual abuse material and to protect the African market from being flooded with illegal and unclassified content by foreign online content distributors. • Forged partnership with Media Monitoring Africa, Google SA and the South African Communications Forum on digital literacy programme. • Through this partnership Google launched a competition for 10 Gauteng Schools . Two winning learners and one FPB official was flown by Google to attend a program at Silicon Valley in the USA together with a FPB representative. • FPB elected to the INHOPE Board in Netherland
Achievements in relation to Child Protection Initiatives • 2014/15 FPB developed the Educators training Manual to assist Life Orientation Teachers with skills on how to deal with cyber safety related matters in a class room. • 2015/16 FPB partnered with the Department of Basic Education, Illembe, Sekhukhune and Mopani district to pilot the manual with the schools in these districts.
Q1 SAPS REFERRALS • SAPS referred about 12 dockets to FPB for analysis. • 241 579 Content analyzed and submitted to SAPS. • 4 Dockets were confirmed to have child pornography. • 80 000 content found contains pornographic material and about 22 000 confirmed child pornography on the analyzed dockets. • The analysis reports compiled and submitted to SAPS and NPA. • The cases are still in court. • 42 000 content suspected of having child pornography will be analyzed.
Q2 SAPS REFERRALS • 12 cases referred from the hotline • 303 cases referred through Pro-child website. • Two( 2) confirmed to Child porn and referred to SAPS • SAPS referred 4 new dockets to FPB for evidence analysis and verification • Child- line referred two child porn cases to FPB for analysis and referral to SAPS • 8 analysis reports compiled and handed over to the SAPS FCS Unit • The FPB has an ongoing relationship with INHOPE , SAPS and other government departments i.e. SAPS, DSD, DOJ&CD, DBE as well as child protection organisation such as Child-line and Child Welfare SA
Q1 Outreach and Public Education Activities • Exhibited and at the Companies and Intellectual Property Commission in GP • Participated in the Cell C Take A Girl Child to work initiative in Gauteng • Conducted outreach activities in Western Cape for Child Protection Week • Hosted 2 workshops on cyber safety for Web Rangers in Gauteng • Participated in the Durban International Film Festival and conducted • outreach programs to 14 schools in KwaZuluNatal. • Hosted an outreach activity at the Soweto Western Gauteng College with • 150 students.
Q2 Outreach and Public Education Activities • Participated in the Nelson Mandela day 67 minutes programme • Panel discussions with LGBTI communities dialogues • Exhibited at Ministers Imbizo’s x5 • Supported annual representative council learners summit in North West • In Cinema Activations in Gauteng and Western Cape • Child welfare global assembly panel representation with Unicef • Engagement with Namibia Broadcasting Commission
Fully Functional Fraud Prevention Hotline • The Vuvuzela Hotline administers the fraud hotline for the FPB. • Q1 • There have been 4 calls to the hotline between 1 April – 30 June. Two matters referred to SAPS by complainants. One matter was just an enquiry and the forth is awaiting further information. • Two of this cases were tips off by members of the Public against illegal sale of DVDs. • One related to allegation regarding FPB staff member obtaining an ID fraudulently, matter was investigated and DHA cleared the person in question • The last matter it was a normal business related enquiry. • Q2 • There have been 2 calls to the hotline between 1 July - 30 September 2016. Both matters have been investigated.
Application for classification ,Received, Rejected and Processed
Summary of the Classification Submission Trends The trends highlight that number of submissions over the nine year period are on a consistent downward slope: Genres that have decreased the most are: • Erotica • Interactive games . Distribution has moved online distribution platform. There are various factors that contribute to the decline, below are some: • Internet penetration and the growth of digital access to Film and Game content • Growth of the Pay TV market (post 2010 world cup) • Growth of the middle class and urban rural development – can afford digital content downloads / rise in cinema • Erotica and interactive games is moving to online and the FPB cannot regulate the platform at this stage • Consumer preferences have shifted, - convenience is key
Implication for the FPB • Push for the amendments to the legislation to empower the organisation to regulate the online distribution space • Re-align the business model to suit the emerging needs of industry • Promote Co-regulation • Promote self regulation, consumer education be the focus going forward • Strengthen partnerships with industry both local and international • Ensure ICT Infrastructure upgrade and capacity building • Use UNISA classification course to strategically position the organisation within industry • Review the composition of classifier committees (reduce number from 3 to 2) to reduce costs – (Revise the regulations once the Bill is passed) • Consider introducing FPB’s own refresher course to supplement the UNISA qualification as a revenue generating mechanism that would at the same time afford qualified classifiers to be up to date as and when guidelines are amended or reviewed
