The parliamentary committee on communication has raised serious concerns about the unregulated growth of podcasts, warning of a legal vacuum that could enable harmful content to spread unchecked.
Committee chairperson Khusela Diko said the issue is pressing, as more people turn to podcasts as sources of news. “It’s worrying because when you look at the numbers, these podcasters are growing at an exponential rate,” she said.
Diko’s views follow the public backlash over controversial derogatory remarks made by MacGyver "Mac G" Mukwevho and his co-hosts on his popular show Podcast and Chill with MacG last week, in which he said Minnie Dlamini could not keep a man because her private parts might have an unpleasant smell.
Diko noted that current legislation, including the Broadcasting Act, does not extend to podcasts.
“The Broadcasting Complaints Commission’s scope relates to what in law is defined as broadcasting services – community, commercial, and public broadcasters. Podcasts don’t fall under that definition. The Film and Publication Board regulates online content, but only in cases of serious harm like incitement to war. So there’s a grey regulatory area,” she explained.
Diko added that a draft policy to regulate services like podcasts has yet to be finalised.
“We haven’t seen the draft of the audio and audiovisual services policy. It’s supposed to speak to platforms like Netflix, Google, and even X (formerly Twitter). But for now, there is no Act or policy that currently covers podcasting.”
While podcasters aren’t entirely above the law, Diko said legal recourse remains inaccessible for many South Africans. “They are limited by defamation and hate speech laws, but the problem becomes access to justice. You need deep pockets to take someone to court, and most people don’t have that [money].”
Diko also addressed the responsibility of major platforms like MultiChoice, which hosts podcast content.
“MultiChoice has a particular licence. That licence enjoins them to a certain type of regulation, so they should carry some responsibility for what they air. You can’t just argue that it’s a podcast and not regulated,” she said.
Diko called for the urgent development of a framework for podcast regulation, pointing to models like self-regulation or co-regulation used by traditional media bodies.
“We’re not talking about the government becoming a nanny state. But there must be codes that people operate under, and people should have access to recourse when harmed.”
She said the state was dragging its feet in updating the legislation.
Diko also addressed concerns about freedom of expression.
“People are quick to treat it like an unlimited right. But our constitution makes it clear – all rights are subject to limitation. Your right to free speech does not supersede someone else’s right to dignity. We need to balance the value of creative platforms with the harm they can do to others.”
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