TLDR
- ISPA says any blocking of offshore gambling sites must follow proper legislation, not just regulator orders.
- The group released a position paper responding to the National Gambling Board’s call for internet blocking.
- ISPA outlined five principles, including court oversight, transparency, and time-limited orders.
- The association says providers should not have to redesign networks or absorb blocking costs alone.
- ISPA says blocking must balance the right to access information with limiting gambling harm.
South Africa’s Internet Service Providers’ Association has spoken out on internet blocking. The group says any move to block offshore gambling websites must be backed by proper legislation.
ISPA released a position paper this week. It explained that forcing internet providers to block websites is not simple. The group pointed to technical challenges that come with these kinds of orders.
The paper also reminded lawmakers that South Africa is a democracy. Citizens have a protected right to access information. ISPA says this right cannot be ignored when writing rules against illegal gambling sites.
The statement came after the National Gambling Board asked the Department of Communications and Digital Technologies to allow internet blocking. The goal would be to stop offshore gambling operators from reaching South African customers.
ISPA agrees that providers can play a role in blocking harmful content. But the group says clear rules are needed first.
A Push for Legal Clarity
ISPA chair Sasha Booth-Beharilal explained the group’s position in a statement. She said any disruption to internet services should only happen under a clear legal framework.
That framework needs to balance two things. One is the right to communicate freely. The other is the potential harm caused by gambling content.
Booth-Beharilal said regulators often see blocking as an easy fix. She noted that experience in other countries shows this is not always true.
Five Principles for Blocking
ISPA’s paper laid out five principles for any future blocking rules.
The first principle is that a court or judge must approve any blocking order. ISPA says regulators should not be able to act alone. Since blocking affects constitutional rights, the group wants judicial review built into the process.
The second principle covers transparency. ISPA says the public should know when their access to information is being limited. Blocking orders, in its view, should be made public.
The third principle deals with how long a block can last. ISPA says blocking should never be permanent. Orders should be reviewed regularly to check if they are still needed.
The fourth principle is about technology. ISPA says providers should not have to redesign their networks or buy new equipment to carry out a block. Any block should work within a provider’s existing systems.
The fifth principle covers cost. ISPA says providers should not have to pay for blocking orders out of their own pocket. It wants costs shared fairly, with providers only recovering what they actually spend.
ISPA said it looks forward to working with policymakers on a legal framework going forward. The group wants any future rules to respect the rights of South African citizens while addressing concerns about illegal gambling access.
