How new regulations will reshape what you watch and listen to
Image: IOL
South Africans can expect a change in their media consumption habits, as the Department of Communications and Digital Technologies (DCDT) proposes to overhaul the nation's outdated media regulatory framework.
The newly published Draft White Paper on Audio and Audiovisual Media Services and Online Safety signals a shift from regulations designed for the "analogue broadcasting era" to one that looks at global streaming platforms, user-generated content, and "non-linear media consumption".
According to the department, this update is important as the existing Electronic Communications Act (ECA) is "no longer fit for purpose" in the digital age.
Why the old rules don't work anymore
For decades, South Africa's media landscape was all about the principle of "scarcity rationale". Simply put, radio frequency spectrum was a limited resource, so this meant strict regulation of broadcasters.
This framework, established by legislation like the Independent Broadcasting Authority Act (IBA Act) and continued in the Electronic Communications Act (ECA), focused on "broadcasting" as a unidirectional, one-to-many service delivered over traditional networks.
Under the old rules, services like Internet Protocol Television (IPTV) offered on managed networks were considered broadcasting services requiring a licence. What complicated matters was that the TV programming and Video-on-Demand (VOD) services offered over the public internet fell outside the Independent Communications Authority of South Africa's (ICASA) jurisdiction and did not require a licence.
Authorities noticed this created a regulatory imbalance, as traditional broadcasters faced "considerable obligations" for local content and stringent advertising rules, while new online players such as Netflix largely operated without these requirements.
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What changes will affect South Africans?
The proposed White Paper introduces what it calls a "forward-looking approach". It seeks to "balance media freedom with public interest" and ensure regulatory fairness across all platforms.
So how will this directly impact what you watch and listen to?
The new framework will abandon the narrow, outdated definitions and will make up of three broad categories: traditional broadcasting services, on-demand content services (OCS) (think Netflix and BritBox), and video-sharing platform services (VSPs) (like YouTube and TikTok).
What this means for South Africans is that for the first time, global streaming platforms and social media video platforms will be formally acknowledged and potentially regulated in South Africa.
The policy aims for a "technology-neutral approach," meaning similar services will be regulated similarly, regardless of how they are delivered.
A core focus is enhanced online safety and protection, especially for children. The White Paper aims to "strengthen protection against digital harms".
For services like YouTube and TikTok and Very Large Online Platforms (VLOPs), you can expect: Mechanisms to report harmful content (e.g., incitement to violence or hatred, terrorist content).
Age verification systems for content that "may impair the physical, mental, or moral development of minors".
Parental control systems to help adults manage what children see.
A prohibition on advertising in content specifically provided for children.
Measures to combat "mis- or disinformation". This means a safer online environment, particularly for younger viewers, and a clearer route to flag inappropriate content.
There will most likely be more South African content on streaming platforms
.
Currently, traditional broadcasters have "considerable obligations" for local content, while OTTs (Over-The-Top services) have none.
The policy indicates that "South African content obligations may also apply to On-demand Content Services (OCS)" in the future.
What this suggests is that it could lead to a significant increase in local films, series, and music available on streaming services.
Another key change is the implementation of a new online ombudsman for complaints.
The White Paper proposes to "establish an ombudsman for online safety and media regulation". This will aim to provide an "easily identifiable and accessible route to resolution" for complaints that don't have a clear 'complaint box', so to speak, so there will be a dedicated avenue for dispute resolution, instead of just contacting a general helpline.
The listing of "national sporting events which are in the public interest" will be "extended to include the broadcasting of these in the broader AAVMS market".
Significant national events, like presidential inaugurations or state funerals, and potentially major sporting events, could become more widely accessible across various platforms, rather than being confined to traditional broadcasters who hold exclusive retransmission rights.
Advertising rules would also see change. Currently, there's a "regulatory imbalance" where online advertisers have more leeway than those on traditional radio or television.
The policy seeks to harmonise rules for misleading and comparative advertising, and address political advertising and disinformation across all platforms. This could lead to more consistent and transparent advertising practices across all media you consume. What is next?
The department has outlined a three-stage implementation plan, spanning up to 24 months, to allow for careful consideration, research, and consultation.
This phased approach aims to build consensus and ensure that the new framework effectively benefits South African citizens, businesses, and the creative industries.
This overhaul will take time. Compare the process to upgrading a city's entire water supply system.
While the old pipes (in this case, analogue broadcasting) served their purpose, they can't handle the demands of modern consumption (the streaming and user-generated content needs).
The new plan involves not only laying new, larger pipes (technology-neutral regulation) but also installing new filtration systems (the proposed online safety and ombudsman), ensuring local water sources are prioritised (local content), and connecting every home, regardless of location, to clean, accessible water (universal access).
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