Business
South Africa considers regulating podcasts as digital media laws evolve
Podcasts have lived in a legal grey zone
For years, podcasts in South Africa have existed in a strange space. They are everywhere, from political deep dives recorded in bedrooms to comedy shows topping YouTube charts, yet they sit outside the country’s formal broadcasting rules. That could soon change.
The Department of Communications and Digital Technologies is considering whether podcast content should be brought into the regulatory fold as it finalises the Draft White Paper on Audio and Audiovisual Media Services and Online Safety. The review has been confirmed by Communications Minister Solly Malatsi, who explained that podcasts are not currently covered by the Electronic Communications Act and do not fall under the authority of the communications regulator.
In simple terms, podcasts are largely unregulated in South Africa right now. The question on the table is whether that should still be the case in a rapidly evolving digital media landscape.
Why the conversation is back on the table
This is not a sudden crackdown sparked by a viral scandal or a controversial episode. According to Parliamentary briefings, the push is about outdated laws rather than specific incidents. South Africa’s Broadcasting Act dates back to 1999, while the Electronic Communications Act was written in 2005. Both were designed long before podcasts, streaming platforms, and creator-led media became mainstream.
Portfolio Committee chair Khusela Diko has been clear that the issue has been under discussion since the committee was established in July 2024. In her view, the legal framework simply has not kept pace with how people consume media today.
The audio and audiovisual content services policy, often referred to as AAVCS, is meant to modernise the system and ensure that digital content providers are treated more like traditional broadcasters.
Free speech concerns meet constitutional limits
Whenever regulation and online content appear in the same sentence, alarm bells ring. Creators and listeners alike worry about censorship and the chilling of free expression.
Malatsi has stressed that any regulation would not limit freedom of expression beyond what is already permitted under the Constitution. South African law allows rights to be limited only under specific conditions, such as protecting dignity, equality, and privacy.
Diko has echoed this view, arguing that protecting free expression does not remove the state’s responsibility to protect users of digital platforms. From this perspective, regulation is framed less as control and more as accountability.
At the same time, the Department of Justice has separately published draft regulations dealing with hate speech and hate crimes, adding to the broader conversation about online harm and responsibility.
Self-regulation is still part of the picture
South Africa already relies heavily on self-regulation in parts of the media industry. Print publications follow codes enforced by the Press Council, while radio and television are overseen by the Broadcasting Complaints Commission.
One proposal under discussion is extending this complaints-based system to cover podcast platforms. That would mean listeners could lodge complaints under a recognised framework, rather than podcasts operating with no formal oversight at all.
Supporters of this approach argue it strikes a balance between creative freedom and public accountability, without placing heavy licensing burdens on individual creators.
What this could mean beyond podcasts
The AAVCS policy does not stop at podcasts. It also proposes that streaming services with annual turnover above R50 million should hold South African operating licences. Large platforms could also face local content quotas or be required to contribute financially to a fund supporting local productions if they fall short.
In a country where local stories often struggle to compete with global content, this element of the policy has attracted cautious support from parts of the creative industry.
A familiar South African debate in a new digital era
Public reaction online has been mixed. Some creators see the move as overdue housekeeping in a digital free-for-all. Others fear it could open the door to overreach, even if intentions are framed around constitutional values.
What is clear is that podcasts have grown up. They are no longer niche side projects but influential media channels shaping public debate. South Africa now faces the challenge of updating its laws without stifling the creativity that made the podcast boom possible in the first place.
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Source: MyBroadband
Featured Image: SME South Africa
