The South African government is considering a move to regulate podcast content in the country as it works to finalise the Draft White Paper on Audio and Audiovisual Media Services and Online Safety.
This is according to Minister of Communications and Digital Technologies, Solly Malatsi, who said that podcast content doesn’t currently fall under the scope of the Electronic Communications Act.
The minister was responding to Parliamentary questions from MP Sixolisa Gcilishe, and he added that podcast content isn’t under the scope of South Africa’s communications regulator either.
“The possible regulation of podcast content, specifically, is currently under consideration as to whether it should form part of the Draft White Paper,” the minister said.
“This will not curtail freedom of expression except where the Constitution permits under Section 36 (Limitation of Rights).”
He added that the Department of Justice and Constitutional Development has separately published a draft regulation on hate speech and hate crimes.
This isn’t the first time the South African government has proposed regulating podcast content; the last came in April 2025.
Meanwhile, chair of the Portfolio Committee on Communications and Digital Technologies in Parliament, Khusela Diko said the need to regulate such content wasn’t due to a specific incident, but rather due to outdated legislation.
“The issue of regulation of podcasts and over-the-top services has been a matter that has preoccupied the committee since its establishment in July 2024,” said Diko.
“The Broadcasting Act, which regulates broadcasting media, is as old as 1999, and the Electronic Communications Act is as old as 2005.”
She also highlighted that the finalisation of the audio and audiovisual content services (AAVCS) policy is long overdue.
Self-regulation is an option
The AAVCS policy aims to modernise South Africa’s broadcasting regulations so that digital content providers meet requirements similar to those of traditional broadcasters.
This would bring content such as podcasts on digital content platforms, like YouTube, into the regulatory scope of the South African government.
The Broadcasting Act of 1999, in its current form, defines media as community, commercial, or public broadcasting, and excludes large portions of media, such as online content.
As a result, South Africa has opted for a mostly self-regulated system, partially supported by state legislation.
For example, several print media houses have come together to form the Press Council, where members have formulated and abide by a code of practice and ethics.
This is much like the Broadcasting Complaints Commission, which regulates radio and TV broadcasts in the country.
“We’re saying that the government needs to extend the scope of the Broadcasting Complaints Commission to include platforms such as those that include podcasts,” said Diko.
Asked whether regulating podcast content could infringe on the right to freedom of expression in South Africa and stifle digital creativity, Diko said these claims couldn’t be further from the truth.
“We believe in, and will always protect, the constitutionally enshrined right to freedom of expression,” Diko said.
“But as we do so, we also have an obligation to protect the rights of the people who use these podcast platforms, including equality, dignity, and privacy.”
Aside from regulating podcasts, the AAVCS policy proposes that streaming services with annual turnover over R50 million must obtain South African operating licences.
It also proposes that local content quotas be imposed on large streaming platforms, and if they can’t meet the quota, they must contribute to a fund for local content creation.
