COM3712
Assignment 2
Semester 1
Due 17 April 2026
, DIGITAL JUSTICE SOUTH AFRICA (DJSA): WRITTEN SUBMISSION
ON THE DRAFT POLICY ON DIGITAL PLATFORM CONTENT
MODERATION AND DIGITISATION OF GOVERNMENT SERVICES
Submitted to: Department of Communications and Digital Technologies (DCDT) and
ICASA
From: Digital Justice South Africa (DJSA)
Role: Senior Policy Analyst
Date: 18 February 2026
1. DJSA’s Overall Position on the Draft Policy
Digital Justice South Africa supports the broad objectives of the draft policy. Addressing
online harms and improving access to public services are legitimate and necessary
policy goals in a rapidly digitising society. However, the core concern lies not in the
intent, but in the design and implementation of the policy.
Regarding digital platform regulation, the draft appears to rely heavily on vague and
overly broad language. When content moderation obligations are framed in unclear
terms, they create legal uncertainty and encourage over-censorship. Platforms tend to
remove lawful content defensively to avoid regulatory risk. This can disproportionately
affect journalists, activists, and ordinary citizens engaging in political speech, which is
protected under the Constitution (Republic of South Africa, 1996; UN Human Rights
Committee, 2011).
On digitisation, DJSA supports the modernisation of public services but strongly
cautions against any approach that effectively conditions access to essential services
on reliable internet access. Digital inequality remains a structural reality in South Africa.
Policies that assume universal connectivity risk entrenching inequality and undermining
constitutional guarantees such as equality, dignity, and access to administrative justice
(Republic of South Africa, 1996).
Assignment 2
Semester 1
Due 17 April 2026
, DIGITAL JUSTICE SOUTH AFRICA (DJSA): WRITTEN SUBMISSION
ON THE DRAFT POLICY ON DIGITAL PLATFORM CONTENT
MODERATION AND DIGITISATION OF GOVERNMENT SERVICES
Submitted to: Department of Communications and Digital Technologies (DCDT) and
ICASA
From: Digital Justice South Africa (DJSA)
Role: Senior Policy Analyst
Date: 18 February 2026
1. DJSA’s Overall Position on the Draft Policy
Digital Justice South Africa supports the broad objectives of the draft policy. Addressing
online harms and improving access to public services are legitimate and necessary
policy goals in a rapidly digitising society. However, the core concern lies not in the
intent, but in the design and implementation of the policy.
Regarding digital platform regulation, the draft appears to rely heavily on vague and
overly broad language. When content moderation obligations are framed in unclear
terms, they create legal uncertainty and encourage over-censorship. Platforms tend to
remove lawful content defensively to avoid regulatory risk. This can disproportionately
affect journalists, activists, and ordinary citizens engaging in political speech, which is
protected under the Constitution (Republic of South Africa, 1996; UN Human Rights
Committee, 2011).
On digitisation, DJSA supports the modernisation of public services but strongly
cautions against any approach that effectively conditions access to essential services
on reliable internet access. Digital inequality remains a structural reality in South Africa.
Policies that assume universal connectivity risk entrenching inequality and undermining
constitutional guarantees such as equality, dignity, and access to administrative justice
(Republic of South Africa, 1996).
