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Calls mount for regulation of SA podcasting industry

Nkhensani Nkhwashu
By Nkhensani Nkhwashu, ITWeb portals journalist.
Johannesburg, 15 May 2025
The podcast industry in South Africa is growing at a rapid pace.
The podcast industry in South Africa is growing at a rapid pace.

South Africa’s podcasting industry is calling for a collective commitment to ethical storytelling, to preserve the industry’s credibility and ensure it contributes positively to the country’s evolving digital society.

This, as the podcast industry has seen significant growth over the years. Statista's recent data reveals the number of podcast listeners in SA is expected to increase to 4.8 million by 2027.

According to Apple Podcast rankings, the top five podcasts in South Africa are: “The Diary of a CEO” with Steven Bartlett, followed by “Because We Said So” hosted by Zama Marubelela and Landiwe Gama. Rounding out the top five are “The Mel Robbins Podcast”, “Podcast and Chill with MacG” by the Podcast and Chill Network, and the “Global News Podcast” by BBC World Service.

As the podcast industry continues to boom, attention has turned to the right to free expression versus the potential for harm or offense.

In an interview with ITWeb, seasoned entertainment journalist and podcaster Julia Madibogo says there needs to be a balance between creative freedom and social responsibility in podcasting.

Madibogo hosts In Detail and Beyond, a crime-focused podcast.

She notes that freedom of speech in the context of podcasting is a very important concept for any democracy.

“People are leaning towards alternative points of information that have no constraints, and podcasts provide that. People also prefer knowledge on the go these days, and podcasts are easily accessible and you choose your own content, which is also why they are on the rise.”

However, she believes there should be limits to freedom of speech that podcasters should adhere to, adding that at the moment this is lacking, especially in South Africa. She warns that this allows anyone to start podcasting and release unchecked content to the public, which poses a significant danger.

Looming legal tussle

Podcasts and podcasters in SA have been making headlines over the past weeks. This follows alleged derogatory remarks made by Macgyver “MacG” Mukwevho, directed at media personality Minnie Dlamini on one of the recent Podcast and Chill episodes.

The comments sparked widespread outrage and a social media storm, with many users criticising Mukwevho's remarks. Following the backlash, Mukwevho this week issued an apology to Dlamini via his lawyers.

Dlamini has since issued an official statement saying she will be taking legal action. “I will continue to pursue legal recourse. Because as a public figure and a mother, I must act not only for myself but for every woman whose dignity is violated in the name of content and entertainment,” reads the statement.

When asked about balancing the right to free expression with the potential for harm or offense, Madibogo says there is no point in podcasting content that might harm people. “No amount of freedom of expression supersedes the responsibility our platforms have.”

She believes there is a high chance that podcasting might be regulated in the country. “it’s not going to be an easy task, or even desirable, but with the rate and reckless nature some of our colleagues in the podcast space are showing, we might get regulated. Hopefully, we won’t for the sake of freedom of speech.”

The South African Podcasters Guild (SAPG) issued a statement on the regulatory landscape for podcasting in SA, saying the focus should not be on trying to stay out of trouble, as its job is to champion podcasting and podcasters.

“We stand for them. Rather than fall under a set of regulations, we want to stand up for free speech.”

The organisation urged its members to adhere to simple rules, which include not breaking the law, and respecting constitutional limitations on free speech. In a case where these rules are broken, podcasters will be asked to retract and/or apologise. Failure to do so will result in them forfeiting their membership, it adds.

The SAPG aims to champion podcasting and podcasters, while promoting responsible content creation.

Madibogo emphasises the importance of podcasters being mindful of how their words can affect their audience and society at large.

“Everyone is on YouTube, Spotify and Apple podcasts – literally everyone. So, it’s important to consider those people and put yourself in the shoes of your children or younger siblings and ask yourself: if they ever bump into your channel, would you appreciate what they hear?”

ITWeb reached out to Phathiswa Magopeni, executive director of the Press Council of South Africa, who acknowledges the current provisions don't adequately cover podcasters.

“Ordinarily, since they are digital products, they would fall under the Press Council, but would require specific provisions to be developed for them, starting with defining them and defining the scope of their work,” she says.

Steve Letsike, deputy minister in the Presidency for women, youth and persons with disabilities, also condemned Mukwevho’s podcast utterances, calling for broadcasters to enforce strict standards that prohibit hate speech and personal attacks.

Regulators should strongly consider whether measures are warranted to prevent the normalisation of gender-based online violence on the airwaves, said Letsike.

The deputy minister said utterances will be referred to the relevant constitutional and statutory bodies for investigation, including but not limited to the Commission for Gender Equality, South African Human Rights Commission and Broadcasting Complaints Commission of South Africa.

In a statement released last week, Parliament’s portfolio committee on women, youth and persons with disabilities expressed support for the deputy minister's call, while also clarifying that reports of summoning Mukwevho to appear before the committee were unfounded.

“The committee will support the deputy minister in approaching the Broadcasting Complaints Commission of South Africa. We will support the deputy minister in referring the matter to the Commission for Gender Equality for further investigation. The committee encourages Ms Dlamini to open a case of cyber-bullying, gender-based violence or harassment with the relevant law enforcement authorities.

“The committee will keep a keen eye on developments at the portfolio committee on communications and digital technology, which seeks to regulate online content.

“The committee will further engage on matters of gender-based violence in its next meeting with the Department of Women, Youth and Persons with Disabilities. The committee will also receive a legal opinion on the committee’s mandate vis-à-vis hearing complaints such as those of the deputy minister.”

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