South Africa’s Internet Providers Call for Clear Rules Before Blocking Offshore Gambling Sites

South Africa’s Internet Service Providers’ Association (ISPA) has moved to clarify its stance on Internet blocking, saying that any attempt to restrict access to offshore gambling platforms must be backed by proper legislation. 

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In its position paper, the body explained that forcing Internet Service Providers to block websites is not straightforward, pointing to the technical challenges involved. It also reminded policymakers that South Africa is a democracy where the right to access information is protected, and that this principle cannot be ignored when drafting measures against illegal gambling sites. 

The statement followed news that the National Gambling Board had formally asked the Department of Communications and Digital Technologies to introduce Internet blocking as a way to curb offshore operators targeting South Africans 

ISPA acknowledged the role of providers in blocking certain content, but highlighted the importance of rules so as not to undermine constitutional rights.

“ISPA’s position is that any disruption of Internet services to South Africans should be done only as part of a clear legislative framework that balances the right to communicate against the potential harm of problematic content,” ISPA chair Sasha Booth Beharilal stated. 

ISPA share five key principles

In its paper, ISPA laid out five guiding principles that it believes should shape any move to block offshore gambling sites. 

The first principle is that blocking must always be directed by a court or judge, not by regulators acting alone. Because censorship interferes with constitutional rights, ISPA insists that all obligations must be clearly set out in law and subject to judicial review. 

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Transparency is another key point. ISPA argues that citizens deserve to know when their rights are being limited, so any blocking orders should be disclosed publicly. 

The group also stressed that blocking measures should never be permanent. They must be time‑limited and reviewed regularly to ensure they remain necessary and proportionate 

On the technical side, ISPA explained that providers should not be forced to redesign their networks or install new equipment just to carry out a block. Instead, ISPs should be allowed to implement restrictions within the limits of their existing systems. 

Finally, ISPA highlighted the issue of cost. It warned that providers should not be left to absorb the expense of blocking orders. Costs must be shared fairly, and ISPs should be able to recover only the actual expenses of implementing a block.

“Regulators are often quick to conclude that requiring ISPs to disrupt the services they provide to their customers will be a silver bullet to solve their problems. International experiences indicate otherwise.”

While there are some, limited circumstances where there may be a need for specific content to be blocked, such steps often have unintended consequences. ISPA looks forward to working with policymakers and other stakeholders on the development of a legal framework that respects the rights of South African citizens,” Booth-Beharilal concluded.

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