Podcasters push back against regulatory overreach

Prominent South African podcasters have warned parliament that efforts to regulate the fledgling industry could cripple its growth, stifle innovation and have adverse economic effects.

Parliament’s portfolio committee on communications & digital technologies called for a roundtable with members of the media and the podcasting industry to discuss the appropriate governance framework for the sector. Calls for regulation follow a growing number of complaints regarding harms such as hate speech and misinformation allegedly being spread unchecked through podcasting platforms.

The most high-profile incident occurred in August last year when TV presenter and socialite Minnie Dlamini took Podcast and Chill host McGyver “MacG” Mukhwevho and co-host Solomzi “Sol” Phenduka to the equality court over allegedly derogatory comments made by Mukhwevho on the show. Dlamini is seeking R2.5-million in damages.

Speaking to the portfolio committee on Tuesday, Sizwe Mpofu-Walsh of the SMWX podcast said government must consider that measures to prevent harm are already available through existing regulation and the courts, meaning podcast-specific regulations may not give rise to any additional benefits.

“We need to view podcasts as a potential island of excellence in the South African economy right now. As far as the regulatory question goes, I think we have to be very careful to consider what we are regulating,” Mpofu-Walsh told the portfolio committee.

“We regulate harm to people’s dignity like hate speech or defamation. We have very effective ways, through our courts, of regulating egregious assaults on people’s dignity. The question I would ask is why we think those existing mechanisms, which are enforced through an independent judiciary, are inappropriate in this case.”

Vexed

The second aspect of podcasting requiring regulatory oversight is what Mpofu-Walsh described as explicitness: the use of foul language, inappropriate nudity and overt violence. He argued that platforms – including YouTube, Spotify and South Africa’s iono.fm – already make considerable efforts to ensure content posted by users meets appropriate standards, adding that attention ought to be paid to those areas where insufficient enforcement by the platforms exists.

The third aspect Mpofu-Walsh identified as requiring oversight is factual accuracy and the “protection of truth”. He warned, however, that setting up structures parallel to the Broadcasting Complaints Commission of South Africa specifically for podcasting will not be sufficient.

Read: South Africa urged to do more to protect kids online

“I have looked at the practicalities of how we do this and we mustn’t underestimate how vexed this question is – right from the beginning of how to define a podcast, through to creating some kind of stratification of different kinds of podcasts,” he said.

“As for any overt attempt to license or introduce any form of state regulation or any forms of censorship, I think we should strongly resist that because it would have a hampering effect on not only digital media but also a burgeoning industry.”

William Bird, director at media watchdog Media Monitoring Africa, warned government to avoid any extremist approaches, citing the Donald Trump-led “broligarch” approach in the US of buying up media houses and forcing them to “toe a certain line” as one extreme and overregulation that stifles industry growth as the other.

Bird said there needs to be a clear distinction between platforms and content, such that the responsibilities of platforms are clear and they are held accountable within the remit of South Africa’s constitution and legal framework. Similarly, content creators should be prevented from operating in ways that exacerbate polarisation, racism and misogyny.

“Certain online harms are well catered for by the South African Human Rights Commission, the equality court and so on. Disinformation is a particularly tricky one and that is where the most difficult areas lie,” said Bird.

Industry bodies like a podcasters’ guild, still in its formative phase, are one of the mechanisms Bird suggested would help keep podcaster behaviour within industry-approved standards and guidelines. But for podcasters whose work either is or borders on bona fide journalism, Bird suggested the Press Council as a potential oversight body.

“When it comes to podcasters specifically, those that favour news, that think they are doing journalism and are committed to truth, especially in the age of AI, should sign up to the Press Council,” said Bird.

Read: South Africa begins complex job of overhauling media laws

Portfolio committee chair Khusela Diko described the meeting as “the first of many conversations”, adding that industry and government are “not far from each other” in their views on the podcasting industry and where regulation may be needed. The committee will develop a report on the discussions for further engagement with other parts of parliament.  – (c) 2026 NewsCentral Media