The department of communications & digital technologies on Friday gazetted the draft white paper on audio and audio-visual media services (AAVMS) and online safety for public comment by 10 August.
This is the third version of the document (read it here), with the first and second editions published in 2020 and 2023, respectively, and brings much needed momentum to updating the policy landscape of South Africa’s broadcasting sector.
Speaking in parliament on Friday, communications minister Solly Malatsi said there is a need to update legislation across the entirety of the communications portfolio to ensure that it is “fit for purpose and future orientated”.
“The white paper … has been made available in different forms for comment over a lengthy period of time,” the communications department said in an explainer memo attached to the document.
“This has contributed to a lack of consistency in approach and a fracturing of industry views. One conclusion that is inescapable is that policy cannot deal in detail with so many matters in the face of such differing views.”
The white paper is one of the most complex legislative documents ever tabled in South Africa’s ICT sector. It is intended to act as a framework for governing the entire broadcasting and media sector. This includes traditional broadcasters like MultiChoice and eMedia, online content platforms like YouTube, streaming platforms like Netflix and other forms of broadcast media.
The communications department citied recent changes in the broadcasting landscape as a driver requiring a third version of the white paper. The department has also been keeping a watchful eye on legislative developments in other markets, including the EU, and has used findings from legislative processes there to inform changes to the latest version of the document.
Delay ‘regretted’
“The latest version of the white paper also seeks resolution of the various issues raised in a manner that takes into account the many changes in the broadcasting and online sectors. Despite the hiatus in developing a new framework for both broadcasting and other audio and audio-visual media services, which is regretted, it is hoped that South Africa can now benefit from the work being done elsewhere and locally in determining the most appropriate mechanism for regulation of radio and television broadcasting and online services, including the potential for online harms,” said the department.
Legislation that would sit under the white paper framework includes the contentious SABC Bill, the Electronic Communications Act, an amended Film and Publications Board Act and proposed new legislation such as an act designed to regulate online safety.
Read: Big overhaul of ICT sector policy needed: Icasa chairman
The SABC Bill was withdrawn from parliament by Malatsi in November 2024, who cited at the time its inadequacy at addressing issues pertaining to the public broadcaster’s funding model. Malatsi also raised concerns that the bill gave too much power to the minister – currently himself – in appointing the SABC board.
Speaking to TechCentral on Friday, Michael Markovitz, director at the Media Leadership Think Tank at the Gibs business school, said the white paper – and changes to legislation that should flow from it – is long overdue.
“I haven’t studied the white paper yet. However, as someone who chaired the panel of experts who published the first white paper in 2020, I was disappointed by the fact that there was no progress for five years,” he said.
Regarding Malatsi’s publishing of the new white paper prior to passing the SABC Bill, Markowitz said: “The order is correct, this must come first, before the SABC Bill and maybe they should be passed together. Broadcasting services have become a subset of audio-visual services, and the definitions used by the overarching bill should be used on the lower SABC Bill.”
Following the incorporation of public comment, the communications department plans to have the white paper adopted in final form as policy. This will be followed by amendments to the Electronic Communications Act and any other legislations to “address issues that are urgent, such as ownership and control”.
Following that, communications regulator Icasa will reform outdated regulations, introduce new regulations and determine if any new laws or amendments to existing laws are required.
The final stage will be the drafting of an overarching bill, accompanied by the repealing of sections of lower legislation that are meant to be covered by the bill – and eventual act of parliament. The communications department said it expects the final stage alone will take at least two years to complete, underscoring the complexity and scale of the legislative reform that is being undertaken.
“The cooperation of industry and the rest of government can, of course, ensure that this process is appropriately and efficiently conducted in a manner that benefits the citizens of South Africa, businesses including SMEs, licensees, aspirant participants and related stakeholders,” said the department. – © 2025 NewsCentral Media
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