South Africa

Statement on the Cabinet meeting of 25 March 2026, and Special Cabinet meeting of 1 April 2026

South Africa National Data and Cloud Policy includes new data protection authority

On 31 May 2024, the Department of Communications and Digital Technologies adopted the data and cloud policy, which requires data protection authorities to ensure robust data security and privacy protection. It emphasises investigating breaches, raising public awareness, and periodically assessing privacy practices across government agencies, businesses, and online platforms. The policy highlights that the authorities must be adequately resourced to take enforcement actions, adapt legislation ...

South Africa National Data and Cloud Policy includes cybersecurity measures

On 31 May 2024, the Department of Communications and Digital Technologies adopted the data and cloud policy including measures to enhance cybersecurity regulation. The policy aims to create a secure and inclusive environment for data and cloud services, focusing on data privacy protection and cybersecurity. It mandates the strengthening of the Cybersecurity Hub to address digital threats, and ensuring all government technologies integrate cybersecurity-by-design principles throughout the data...

Data residency obligations in South Africa Draft National Data and Cloud Policy

On 31 May 2024, the South African Department of Communications and Digital Technologies adopted the final national data and cloud policy, including data residency obligations. The policy applies to data management and cloud computing within South Africa. The guideline mandates that government data pertaining to protecting and preserving national security and sovereignty should be stored only on digital infrastructure within South Africa. Further, the policy sets out criteria for the governmen...

Minister Gungubele Keynote Address At National Ai Government Summit 5 April 2024

Film and Publication Board regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526)

On 11 April 2024, the Film and Publication Board (FPB)’s regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526) were terminated after the FPB announced its withdrawal. The regulations required service providers to implement measures to prevent the hosting or distribution of prohibited content and report to the FPB the steps implemented. The regulations prohibited content included content inciting violence, p...

Local Content Requirement in White Paper on Audio and Audiovisual Media Services and Online Content Safety

On 8 September 2023, the South African Government closed its consultation on the draft White Paper on Audio and Audiovisual Media Services and Online Content Safety. The White Paper includes high-level policy proposals on regulations and principles to modernise the current legal framework on Audio and Audio-visual Content Services (AAVCS). In particular, the White Paper proposes for the South African Content regulatory framework to apply to all AAVCS including new broadcasting services offere...

FPB Industry code on prevention of online harm

On 2 September 2023, the Film and Publications Board of South Africa closes the public consultation on the Industry code on prevention of online harm. The code aims to regulate the online distribution of harmful content such as child pornography, hate speech, and incitement to violence. The code applies to commercial online distributors and social media platforms. The code imposes obligations to prevent the hosting and distribution of prohibited content, ensure consumer support for reporting ...

FPB Guidelines on peer-to-peer video sharing

On 2 September 2023, the Film and Publication Board closes a public consultation on the guidelines on peer-to-peer video sharing. The guideline aims to regulate content sharing on peer-to-peer platforms, prohibiting harmful or illegal content including child pornography, revenge porn, hate speech, and content inciting violence. The guideline applies to users on peer-to-peer platforms, requiring them to secure consent from individuals, respect intellectual property rights, and adhere to privac...

FPB Notice requiring service providers to implement measures to protect children from harmful content

On 26 January 2023, the Film and Publication Board (FPB) Notice requiring service providers to implement measures to protect children from harmful content enters into force. The notice applies to internet access, service providers, and operators of child-oriented services and content services, including online distributors. The notice requires access and service providers to provide information to the FPB regarding minor protection measures taken by them, including displaying safety messages,...

Minister Khumbudzo Ntshavheni launches Artificial Intelligence Institute of South Africa and AI hubs, 30 Nov

Film and Publication Board’s Revised Classification Guidelines for the Classification of Films, Games and Certain Publications

On 1 August 2022, the Film and Publication Board’s Revised “Classification Guidelines for the Classification of Films, Games and Certain Publications” entered into force. The purpose of the Guidelines is to ensure that information is provided to allow adults to make informed viewing, gaming and reading choices, both for themselves and for children; to protect children from exposure to potentially disturbing or harmful contents; punish and criminalise the use of children in and the exposure of...

Content Moderation Regulation in Films and Publications Amendment Act 2022

On 1 March 2022, the Films and Publications Amendment Act 2022 entered into force. The Act prohibits the online publication and distribution of private sexual photographs and films, child pornography, propaganda for war or is an incitement to violence, advocacy of hatred based on identifiable group characteristics, among others.

Cybercrimes Act including data breach notification obligations

On 1 December 2021, certain sections of the Cybercrimes Act entered into force. In particular, all Chapters entered into force with the exception of the following provisions: Part VI of Chapter 1 on Definitions and Interpretations; sections 38(1)(d)-(f), 40(3)-(4), and (41-44)) of Chapter 4 on Powers to Investigate, Search, Access or Seize; section 54 of Chapter 8 on Reporting Obligations and Capacity Building; sections 11B-D, and 56A(3)(c)-(e) of the Criminal Law (Sexual Offences and Related...

Data governance measure in guidance note on processing of personal information of children

The guidance note on processing of personal information of children by the Information Regulator in South Africa, is aiming to guide responsible parties who are required to obtain authorisation from the regulator to process personal information of children. The guidance note outlines that the Regulator may, in view of the legal framework of the Protection of Personal Information Act ('POPIA'), authorise a responsible party to process personal information of children if the Regulator is satisf...