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 (DJSA)
Date: 18 February 2026
1. DJSA’s Overall Position on the Draft Policy
DJSA supports the intention behind the draft policy, namely addressing online harms
and improving access to government services through digitisation. These are legitimate
and necessary policy goals in a modern democratic state. However, the central concern
is not the purpose of the policy, but the manner in which it proposes to achieve these
goals.
With regard to content moderation, the draft policy relies on broad and vague clauses
that risk being applied inconsistently. In practice, such vagueness often results in
excessive removal of lawful speech because digital platforms tend to err on the side of
caution to avoid regulatory penalties. This can unintentionally suppress political
criticism, investigative journalism, and minority viewpoints that are protected under
constitutional law (Republic of South Africa, 1996; UN Human Rights Committee, 2011).
For example, if a community activist posts allegations of corruption against a local
official, a loosely defined rule against “misleading information” could be used to remove
that content even where it forms part of legitimate public debate. This would undermine
democratic accountability and chill public participation.
Regarding digitisation of government services, DJSA supports modernisation but rejects
any model that effectively makes online access compulsory. In a country marked by
deep digital inequality, requiring citizens to rely primarily on online portals will exclude
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 (DJSA)
Date: 18 February 2026
1. DJSA’s Overall Position on the Draft Policy
DJSA supports the intention behind the draft policy, namely addressing online harms
and improving access to government services through digitisation. These are legitimate
and necessary policy goals in a modern democratic state. However, the central concern
is not the purpose of the policy, but the manner in which it proposes to achieve these
goals.
With regard to content moderation, the draft policy relies on broad and vague clauses
that risk being applied inconsistently. In practice, such vagueness often results in
excessive removal of lawful speech because digital platforms tend to err on the side of
caution to avoid regulatory penalties. This can unintentionally suppress political
criticism, investigative journalism, and minority viewpoints that are protected under
constitutional law (Republic of South Africa, 1996; UN Human Rights Committee, 2011).
For example, if a community activist posts allegations of corruption against a local
official, a loosely defined rule against “misleading information” could be used to remove
that content even where it forms part of legitimate public debate. This would undermine
democratic accountability and chill public participation.
Regarding digitisation of government services, DJSA supports modernisation but rejects
any model that effectively makes online access compulsory. In a country marked by
deep digital inequality, requiring citizens to rely primarily on online portals will exclude
