34
(3) Any person who processes, facilitates or attempts to process or
facilitate a financial transaction, knowing that such transaction will
facilitate access to, or the distribution or possession of, child pornography,
shall be guilty of an offence.
Obligations of internet access and service providers
24C. (1) For the purposes of this section, unless the context otherwise
indicates—
(a) ‘child-oriented service’ means a contact service and includes a
content service which is specifically targeted at children;
(b) ‘contact service’ means any service intended to enable people
previously unacquainted with each other to make initial contact and to
communicate with each other;
(c) ‘content’ means any sound, text, still picture, moving picture, other
audio visual representation or sensory representation and includes any
combination of the 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—
(i) the provision of content; or
(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 chatrooms, on or through mobile cellular telephones or the internet, shall—
(a) 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;
(b) 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;
(c) provide a mechanism to enable children to report suspicious behaviour
by any person in a chat-room to the service or access provider;
(d) 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
(e) 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.’’.
5
10
15
20
25
30
35
40
45
50
Creamer Media Pty Ltd +27 11 622 3744 [email protected] www.polity.org.za