South African Government planning to clamp down on podcasts
Podcast regulations could be getting a serious update.
South Africa has always been an advocate for the right to freedom of speech.
READ: Six new car brands coming to South Africa in 2026
While digital platforms continue to grow, the government has decided to implement more regulations on digital broadcasting.
Especially podcasts.
According to MyBroadband, the South African government is working on finalising the Draft White Paper on Audio and Audiovisual Media Services and Online Safety.
READ: Western Cape smart city is becoming a reality
The Minister of Communications and Digital Technologies, Solly Malatsi, has said that podcast content doesn’t currently fall under the scope of the Electronic Communications Act
He also added that podcast content does not currently fall under the scope of South Africa’s communications regulator.
READ: New ultra-luxury hotel opening in South Africa
This was in response to parliamentary questions from EFF MP Sixolisa Gcilishe.
He also explained that it is currently under consideration whether podcast content regulations should be included in the Draft White Paper.
This will not curtail freedom of expression except where the Constitution permits under Section 36 (Limitation of Rights).
READ: Major South African bank shares smart ID services update and pricing
The Department of Justice and Constitutional Development has reportedly also published a separate draft of regulations on hate speech and hate crimes.
In April 2025, the South African government first proposed regulating podcast content.
READ: How deleted WhatsApp messages can get you in legal trouble
Chair of the Portfolio Committee on Communications and Digital Technologies, Khusela Diko, said at the time that no particular incident had prompted the need to put regulations in place.
Instead, it is purely to update outdated legislation.
READ: Big changes coming to taxis and South Africa’s legal drunk driving limit
Diko stated that it is a matter that the committee has been preoccupied with since its establishment in July 2024.
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.
EKSKLUSIEF: Donnalee Roberts en Ivan Botha deel meer oor 'Een Keer Om Die Son' se nuwe seisoen
The aim of the AAVCS policy is to modernise SA broadcasting regulations, requiring digital content providers to meet the same requirements as traditional broadcasters.
The policy is also proposing that:
- streaming services with an annual turnover above R50-million must obtain SA operating licences.
- local content quotas are imposed on large streaming platforms.
- large streaming platforms that don't meet the quota must contribute to a local content creation fund.
READ: Bobby van Jaarsveld en Brendan Peyper gesels oor hulle reis deur Amerika
The current Broadcasting Act 4 of 1999 defines media as community, commercial, or public broadcasting, but excludes large portions of media, such as online content.
This has led South Africa to adopt a largely self-regulatory system, supported only partially by state legislation.
READ: Temu and courier service respond to South African delivery complaints
MyBroadband cites the Press Council, founded by several print media houses, where members have formulated and abide by a code of practice and ethics.
Much like the Broadcasting Complaints Commission, which regulates radio and TV broadcasts in the country.
READ: Alles wat jy moet weet oor die Afrikaanse weergawe van 'The Office'
These changes to legislation would bring podcast content on digital platforms, such as YouTube, under a regulatory framework similar to that of the South African government
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.
Diko was also adamant that these regulations on podcast content would not infringe on the right to freedom of speech or stifle digital creativity.
We believe in, and will always protect, the constitutionally enshrined right to freedom of expression. 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.
Tune in to 'The Drive with Rob & Roz', on weekdays from 16:00 – 19:00. Stream the show live here or download our mobile app here.
Listen to Jacaranda FM:
- 94.2
- Jacaranda FM App
- http://jacarandafm.com
- DStv 858/ OpenView 602
Follow us on social media:
Image: Getty Images