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The Gauteng Gambling Board is under fire for asserting companies that aid online gambling, which was recently declared illegal, could face fines of up to R10 million.
After the High Court ruled in August that online gambling was illegal, the board issued a statement saying anyone who “facilitates the provision of online gambling”, including Internet service providers (ISPs), faces fines of up to R10 million.
However, ISPs are hitting back, arguing they cannot police the Internet without spending millions on new infrastructure, and it's not their job to monitor content in the first place. The court ruling is set to be appealed, although it is not known when the matter will be heard in Bloemfontein.
Paul Jacobson, digital media lawyer, says the biggest problem with the board's statement is the practicality of monitoring traffic, and the infrastructure that would be required to do so. The board is trying to get ISPs to do its work for it, which is “like asking Eskom to make sure only TVs that are licensed are plugged in,” Jacobson explains.
South African law protects ISPs because they are regarded as carriers and not content providers by the Electronic Communications and Transactions Act, Jacobson adds. As long as ISPs are “hands off”, they cannot be punished for the content they carry, he says.
Vox Telecom chief commercial officer Murray Steyn says asking ISPs to monitor traffic would be unconstitutional, and falls foul of the Regulation of Interception of Communications and Provision of Communication-Related Information Act.
