Why South Africa’s Media Laws Are Being Rewritten

South Africa’s media landscape is on the brink of a significant shift. The Department of Communications and Digital Technologies (DCDT) has released its Draft White Paper on Audio and Audiovisual Media Services and Online Safety, signalling a move from laws written for the analogue era and toward a framework that recognises global streaming, social video, and on-demand platforms.

Policies are now outdated, and no longer match how South Africans consume media.

SA's broadcast policy undergoes a revamp

Why change the rules

For decades, broadcasting policy was based on the “scarcity rationale.” Because radio spectrum was limited, government placed strict obligations on broadcasters. This made sense when SABC, e.tv, and a handful of radio stations dominated the market.

But the rise of Netflix, Showmax, YouTube, Spotify, and TikTok created a regulatory gap. Traditional broadcasters continue to carry quotas for local content and face stringent advertising rules, while global platforms operate with almost no equivalent obligations in South Africa.

The imbalance is obvious: while Generations: The Legacy and Uzalo keep national broadcasters accountable to local storytelling requirements, platforms like Netflix can fill their catalogues with Hollywood blockbusters, with only a handful of South African originals such as Blood & Water or How to Ruin Christmas.

Here’s where it gets interesting for us, the viewers:

1. New categories of services

   • Traditional broadcasting (TV, radio).

   • On-demand content services (Netflix, Showmax, BritBox).

   • Video-sharing platforms (YouTube, TikTok, Instagram Reels).

   Streaming platforms and social video apps will officially fall under SA regulation for the first time.

2. Streaming services may face new obligations to carry South African films, series, and music. In practice, this could mean a richer slate of homegrown productions joining the ranks of Shaka iLembe, Savage Beauty, and Queen Sono. For the creative sector, it could translate into new investment and opportunities for local storytellers.

3. Enhanced online safety

   To address digital harms, platforms will be required to:

   • Provide reporting tools for harmful content (e.g., incitement to violence or hate speech).

   • Introduce age-verification and parental controls.

   • Ban advertising in content aimed at children.

   • Implement stronger measures to curb misinformation and disinformation.

   This is particularly relevant for platforms like TikTok, where younger audiences dominate, and where trends can spread rapidly without moderation.

4. An ombudsman for the digital era

   A new online ombudsman is proposed to handle complaints related to online safety and media disputes.

5. Access to national events

   National sporting events, presidential inaugurations, or state funerals might not stay locked behind exclusive broadcast deals. The idea is that these “events of public interest” should be available on more platforms.

6. Fair advertising rules

   The policy also seeks to harmonise advertising standards across traditional and online platforms. This includes political advertising and misleading campaigns, ensuring that a Facebook ad is held to the same standard as a TV commercial.

What this means for audiences and industry

For audiences, these changes could mean:

• More South African content on global platforms.

• Safer digital spaces for children and young users.

• Greater access to nationally significant events.

• More transparent and consistent advertising practices.

For industry stakeholders, the shift opens both opportunities and challenges. Broadcasters may welcome a more level playing field, while global platforms will need to adjust to new obligations in a market where streaming adoption is growing rapidly.