South Africa Considers Podcast and Streaming Regulation to Modernize Outdated Laws

South Africa’s Parliament is exploring ways to regulate podcast content and digital platforms, citing outdated broadcasting legislation as the primary motivation. Khusela Diko, chairperson of the Parliamentary Portfolio Committee on Communications and Digital Technologies, emphasized that this move is not reactionary but aims to address regulatory gaps in the evolving media landscape.

Outdated Laws Prompt Regulatory Review

Diko explained that South Africa’s current broadcasting laws—the Broadcasting Act of 1999 and the Electronic Communications Act of 2005—fail to encompass modern digital media, including podcasts and streaming services. The proposed Audio and Audiovisual Content Services (AAVCS) policy seeks to modernize regulations, bringing platforms like YouTube and podcast networks under government oversight.

“The issue of regulating podcasts and over-the-top services has been a priority since the committee’s establishment in July last year,” Diko stated. She highlighted that while self-regulation exists in industries like print media (through the Press Council of South Africa), digital platforms currently lack clear accountability measures.

Balancing Regulation and Free Speech

When questioned about potential infringements on freedom of expression, Diko assured that the government remains committed to protecting constitutional rights. “We will always defend freedom of expression,” she said, “but we must also safeguard user rights—including dignity, privacy, and equality.”

The government prefers industry-led self-regulation if it effectively prevents harmful content without stifling creativity. However, Diko stressed that regulatory parity is essential: “South Africans deserve recourse when platforms permit unchecked harmful expression.”

Streaming Services Face New Requirements

The AAVCS policy also targets over-the-top (OTT) streaming services such as Netflix, Disney+, and Amazon Prime Video. Key proposals include:

• Mandatory operating licenses for platforms with annual turnovers exceeding R50 million.
• Local content quotas, with financial contributions required if quotas aren’t met.
• Funding mechanisms to support South African content creation, similar to European models.

This approach aligns with global trends where streaming giants are required to invest in local industries. Some funds may also bolster public broadcasting initiatives.

As digital media consumption grows, South Africa’s regulatory framework aims to balance innovation, economic growth, and user protection. The final policy will likely shape the future of podcasts, streaming, and online content in the country.

Source: MyBroadband