Tshiamo Maluleka-Disemelo, CEO of the Independent Communications Authority of South Africa (ICASA), has called for collaborative regulation in the face of artificial intelligence (AI) and digital transformation.
She was speaking at the ITWeb GRC Summit 2025, held at The Forum, in Bryanston, last week.
Her presentation highlighted the regulator’s ongoing efforts to ensure fair access, consumer protection and responsible governance in SA’s rapidly evolving digital and broadcasting landscape.
She said the pace of technological innovation, from AI to digital platforms, is outstripping the capacity of existing regulatory systems. She said regulators must act proactively to modernise governance frameworks, ensuring innovation is balanced with accountability and public protection.
Maluleka-Disemelo emphasised ICASA’s mandate to regulate broadcasting, postal and electronic communications sectors in the public interest. “Our overarching role is to make sure there is access for all, that consumers are protected and that the services provided are reliable, safe and give people real choice,” she said. However, she noted the sector’s evolution has outpaced regulation, leaving significant gaps that need urgent attention.
Referencing the Electronic Communications Act of 2005, she pointed out that SA’s laws were designed for a traditional broadcasting era, long before the rise of digital platforms, podcasts and streaming services. “We now find ourselves in an environment where people can reach millions without any licence, while traditional broadcasters still pay heavily to comply. This imbalance is something we need to address,” she said, adding that ICASA collects around R2 billion in licence fees, much of which is reinvested into national development.
Maluleka-Disemelo warned that unregulated innovation risks undermining accountability and ethical governance. “We are not stifling innovation; we support progress but it must be guided by proper governance frameworks,” she said. She highlighted that ICASA is currently working with the Department of Communications and Digital Technologies as well as Parliament to contribute to an AI policy framework, particularly as AI begins to influence data privacy, misinformation and procurement transparency.
She cited the potential use of AI in tender evaluations as an example of both opportunity and risk. “If I’m denied a tender by an algorithm, how do I know why? How do we ensure fairness and transparency without violating others’ data rights?” she asked.
She also touched on cyber security, highlighting the increasing risks associated with digital services and online transactions, stressing that citizens must be aware of how their personal information is stored and shared. ICASA, she noted, has been collaborating with the Information Regulator, the Film and Publication Board and other agencies to address issues such as online safety, child protection and the ethical use of data.
On spectrum management, Maluleka-Disemelo confirmed that ICASA has made significant progress since the pandemic. “We have introduced dynamic spectrum access regulations to ensure that spectrum, a scarce resource, is used efficiently and equitably,” she said. Further research, including a study on data pricing and competition, is under way to promote affordability and consumer choice.
She called for public participation, urging industry stakeholders and citizens to contribute to the consultation process for the draft white paper on audio and audiovisual services. “Regulation is a consultative process; if you remain silent, others will decide for you,” she said.
During the Q&A session, when asked about China’s new law requiring influencers in fields like finance and law to hold formal qualifications, she acknowledged the complexity of the issue. She noted that while such measures aim to curb misinformation, they must also be balanced with freedom of expression and access to information. “There is a real risk of misinformation, but we must find a middle ground that upholds transparency and democratic values.”
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