The South African government is considering a move to regulate podcast content as part of a wider effort to update the country’s broadcasting and online media framework.
The proposal forms part of ongoing work to finalise the Draft White Paper on Audio and Audiovisual Media Services and Online Safety, according to Minister of Communications and Digital Technologies Solly Malatsi.
Responding to parliamentary questions from EFF MP Sixolisa Gcilishe, Malatsi said podcasts currently fall outside the scope of existing legislation, including the Electronic Communications Act, and are not regulated by the country’s communications watchdog.
“The possible regulation of podcast content, specifically, is currently under consideration as to whether it should form part of the Draft White Paper,” Malatsi said.
He stressed that any regulation would not undermine freedom of expression, except where limitations are constitutionally allowed under Section 36 of the Constitution.
Balancing expression and accountability
Malatsi noted that the Department of Justice and Constitutional Development has separately published draft regulations dealing with hate speech and hate crimes, which could intersect with online content in future.
The idea of regulating podcasts is not new. Similar proposals surfaced in April 2025, sparking debate among content creators, civil society groups and media organisations about potential overreach.
However, government officials insist the issue is less about policing speech and more about updating laws that have failed to keep pace with technology.
Outdated laws in a digital era
Khusela Diko, chair of Parliament’s Portfolio Committee on Communications and Digital Technologies, said the push to regulate podcasts stems from legislation that predates modern digital platforms.
“The Broadcasting Act is from 1999, and the Electronic Communications Act dates back to 2005,” Diko said. “These laws were written long before podcasts, streaming platforms and over-the-top services became mainstream.”
She said the committee has been grappling with how to regulate digital content since its establishment in July 2024, adding that finalising the Audio and Audiovisual Content Services (AAVCS) policy is long overdue.
The AAVCS policy aims to modernise broadcasting regulation so that large digital content providers operate under similar rules to traditional broadcasters.
What regulation could look like
If adopted, the policy could bring podcasts hosted on platforms such as YouTube and streaming apps into the regulatory net. Currently, South Africa relies largely on self-regulation, supported by limited state oversight.
Print media, for example, falls under the Press Council, while radio and television broadcasters are regulated by the Broadcasting Complaints Commission.
“We’re saying government needs to extend the scope of the Broadcasting Complaints Commission to include platforms that host podcasts,” Diko said.
She rejected claims that such regulation would stifle creativity or free speech.
“We will always protect the constitutionally enshrined right to freedom of expression,” she said. “But we also have a duty to protect the rights of people who use these platforms, including dignity, equality and privacy.”
Wider impact on streaming services
Beyond podcasts, the AAVCS policy proposes that streaming services with annual turnover above R50 million be required to obtain South African operating licences.
The policy also suggests local content quotas for major streaming platforms. Companies unable to meet these quotas may be required to contribute financially to a fund supporting local content creation.
As discussions continue, the proposed regulation of podcasts is likely to remain a flashpoint — caught between the need to modernise media laws and concerns about how far state oversight should extend in South Africa’s fast-growing digital space.
