The urgent need for regulation in South Africa's digital media landscape

Michael Andisile Mayalo|Published

'Podcast and Chill' hosts Sol Phenduka and MacG.

Image: Instagram

South Africa's digital landscape is spiralling into chaos. What used to be fun, light-hearted content on YouTube or Instagram has morphed into a murky world of exploitation, misinformation, and outright irresponsibility. Each week, we're served a fresh dose of drama – a podcast gone rogue, an influencer caught pushing unethical products, or a viral video weaponising someone's trauma for entertainment.

The line between "content" and real-life damage is no longer blurry; it has been completely erased. The question we must ask now is simple: how long will we continue to allow digital creators to operate without regulation? We have laws for traditional media. A radio station that broadcasts hate speech can be fined. A TV ad making false claims can be pulled. Print journalists face professional consequences for unethical reporting. But influencers and podcasters – some of whom wield even more reach and influence than traditional broadcasters – are free to do and say what they want.

There is no watchdog, no legal consequence, and no accountability. It's a gaping hole in our legislation, and we're already paying the price. Take the world of South African podcasting, for example. In recent months, several podcasts have been called out for problematic content – from the casual use of racial slurs to platforming known misogynists and conspiracy theorists, all under the banner of "just having a conversation." These episodes go viral, generate outrage, and then disappear under the next scandal. The creators face no real backlash because there is no formal process to report, investigate, or penalise them.

On traditional platforms, this would never be acceptable. But in the online space, there are no rules. And the damage is very real. Similarly, the influencer industry has evolved into something both powerful and deeply dangerous. No longer are influencers just promoting hair products or clothing lines. Many now offer health advice, financial schemes, job opportunities, and even lifestyle philosophies – all without qualifications or accountability.

Recently, a group of South African influencers promoted what they called a "study and work" opportunity in Russia for young women. It was advertised as a life-changing program that combined education and travel. However, once some of the young women arrived in Russia, reports began to surface that the opportunity was nothing like what had been promised. They were allegedly subjected to manual labour, placed in unfamiliar and potentially unsafe environments, and left with little support. Human trafficking concerns were raised.

Government departments were forced to respond. However, the influencers involved ultimately walked away with little more than public criticism – no legal consequences, no regulatory inquiry. This is not an isolated case. Every month, South African social media users are targeted with pyramid schemes, fake forex "mentors," unverified health remedies, and emotionally manipulative challenges that do more harm than good. And the common thread running through all of these is the absence of regulation. It's a digital free-for-all where content is king and ethics are optional. Of course, critics of regulation will cry censorship. But this isn't about silencing voices – it's about protecting the public. Regulation doesn't mean the end of creativity. It means ensuring that creators who profit from their platforms are held to the same standards as any other public communicator. Just as journalists adhere to codes of conduct and broadcasters follow ICASA guidelines, influencers and podcasters should be subject to clear, enforceable rules.

The South African government must establish a regulatory body dedicated to digital media as a matter of urgency. This body should oversee content creators who reach a certain threshold of followers or income. It should mandate that paid promotions are clearly labelled, that creators avoid misinformation in sensitive areas like health or finance, and that age-restricted content is properly managed. There should be penalties for hate speech, invasion of privacy, and exploitation. Platforms like YouTube, Spotify, and TikTok must also be compelled to comply with South African regulations, as they are in other countries. We are not the first country to face this issue. The United Kingdom has passed legislation to address online harm.

The European Union enforces strict digital transparency rules. Even Nigeria is in the process of establishing social media regulation. South Africa, with its complex social fabric and high rates of youth unemployment, mental health struggles, and misinformation, cannot afford to be left behind. The truth is, influence is power. And power, without accountability, always ends in harm. Whether it's a podcast normalising racism, an influencer pushing a dangerous scam, or a viral trend that humiliates someone for entertainment, the stakes are too high to leave this space ungoverned. It's no longer enough to shrug and say, "It's just content." These platforms shape public opinion. They influence youth behaviour. They affect real lives. If we fail to take action now, we will continue to see exploitation thrive, truth decay, and trust erode. South Africa needs to treat digital influence like the public.

* Mayalo is an independent writer. The views expressed here are not necessarily those of IOL or Independent Media