South Africa’s booming podcast industry could soon face formal regulation South Africa’s booming podcast industrycould soon face formal regulation, as the government grapples with how to balance creative freedom with public responsibility. The podcast space is growing rapidly in South Africa, with audience numbers expected to reach 4.8 million listeners by 2027. Minister of Communications and Digital Technologies, Solly Malatsi, said the government is currently considering including podcasts in a Draft White Paper on Audio and Audiovisual Media Services and Online Safety, which would outline potential rules for online audio content.
“The possible regulation of podcasts in future is being considered as the process to finalise the Draft White Paper on Audio and Audiovisual Media Services and Online Safety, and its associated regulatory instruments is being finalised,” Malatsi said. Malatsi was responding to a parliamentary question posed byEFF MP Sixolisa Gcilishe, who asked about the government’s plans to formally regulate podcast content, how the Electronic Communications Act applies to podcasts, and what safeguards would be in place to protect freedom of expression. The minister explained that while podcasts currently fall outsideICASA’sjurisdiction, the draft White Paper could provide a framework for regulation in the future.
He said ICASA had advised that podcasts were not contemplated when existing broadcasting legislation was drafted and therefore fall outside its current mandate. “Broadcasting is regulated under the ECA, but podcasts do not fall within the definition of broadcasting and therefore fall outside ICASA’s jurisdiction. Complaints about podcasts may, as with any public pronouncement that offends any constitutional right, be made to the Human Rights Commission and the Courts.” He added that any future regulation would not override constitutional protections.
[paywall]
Limits on content would only apply where the Constitution permits under Section 36, such as in cases of hate speech or other unlawful expression. “This will not curtail freedom of expression except where the Constitution permits under section 36 (Limitation of Rights), noting that the Department of Justice and Constitutional Development has separately published a draft Regulation on hate speech and hate crimes.”
[/paywall]
