Why South Africa is looking at regulating podcasts and what it could mean for creators

Why South Africa is looking at regulating podcasts and what it could mean for creators

From political commentary recorded in bedrooms to comedy shows streamed on YouTube, podcasts have quietly become one of South Africa’s most influential media spaces. Now, government is signalling that this fast-growing corner of the internet may soon face formal oversight.

The possible regulation of podcasts is back on the table as the Department of Communications and Digital Technologies works to finalise its Draft White Paper on Audio and Audiovisual Media Services and Online Safety a policy meant to drag South Africa’s media laws into the digital age.

Why podcasts fall into a legal grey area

According to Communications and Digital Technologies Minister Solly Malatsi, podcasts currently sit outside the scope of existing legislation. They are not regulated under the Electronic Communications Act, nor do they fall under the authority of the country’s communications regulator.

Malatsi confirmed this while responding to parliamentary questions from EFF MP Sixolisa Gcilishe, explaining that government is still considering whether podcast content should be explicitly included in the draft policy.

Importantly, he stressed that any regulation would not limit freedom of expression, except where the Constitution allows it under Section 36, which deals with reasonable limitations on rights.

Not a sudden move, but a long-standing concern

Despite renewed attention, this is not a new idea. Government previously floated similar proposals in April 2025, and lawmakers say the discussion has been ongoing for some time.

Portfolio Committee on Communications and Digital Technologies chairperson Khusela Diko says the push to regulate podcasts isn’t about a specific controversy or viral moment. Instead, it’s about outdated laws struggling to keep up with how people now consume media.

South Africa’s Broadcasting Act dates back to 1999, while the Electronic Communications Act was written in 2005 long before podcasts, streaming platforms, and over-the-top services became mainstream. The result is a regulatory system that largely ignores online content.

Self-regulation versus state oversight

At present, much of South Africa’s media environment relies on self-regulation. Print media, for example, falls under the Press Council, while radio and television are overseen by the Broadcasting Complaints Commission.

Diko believes this model could be extended rather than replaced. One proposal is to expand the role of existing complaints bodies to include platforms that host podcasts and similar digital content.

She has also pushed back against claims that regulation would kill creativity or muzzle online voices, arguing that freedom of expression must be balanced with the protection of dignity, equality, and privacy for users.

What else is in the policy?

Beyond podcasts, the AAVCS policy proposes broader changes to the media landscape. Large streaming platforms earning more than R50 million annually could be required to obtain local operating licences. There are also proposals for local content quotas or financial contributions to a fund supporting South African creators if those quotas can’t be met.

Public reaction and the road ahead

On social media, reaction has been mixed. Some creators fear increased red tape and political interference, while others argue that basic standards could help curb hate speech and harmful content without silencing debate.

What’s clear is that podcasts are no longer seen as fringe media. As government races to modernise decades-old laws, the challenge will be finding a balance, protecting constitutional freedoms while ensuring that South Africa’s digital spaces remain safe, fair, and accountable.

{Source: My Broad Band}

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