Internet & Online Safety - South Africa

The Films and Publications Amendment Act 11 of 2019 became operational from 1 March 2022, extending the Film and Publication Board's classification regime to online distributors of films, games and publications. Commercial online distributors must register and either submit content for classification or obtain accreditation for self-classification under a licensing agreement.

The Amendment Act requires internet service providers to block sites hosting prohibited content, including child sexual abuse material, propaganda for war, incitement to violence and hate speech, and criminalises non-consensual distribution of sexual/private content.

The Cybercrimes Act 19 of 2020 took effect on 1 December 2021. It criminalises data messages that incite violence or damage to property and, under section 16, the non-consensual disclosure of intimate images, with courts empowered to order takedown.

Chapter XI of the Electronic Communications and Transactions Act 25 of 2002 creates a 'safe harbour': intermediaries lose immunity for hosted content only if they fail to act expeditiously on a section 77 takedown notice, and section 78 imposes no general obligation to monitor. The safe harbour applies to members of a recognised industry body (ISPA).

As of early 2026, Communications Minister Solly Malatsi has said the government is weighing age-based guardrails and possible restrictions on platforms such as TikTok and Instagram for minors, informed by Australia and France, but no statutory age-verification or under-16 ban has been enacted; he has cautioned against unenforceable 'cosmetic' bans.

South Africa is a member of the Global Online Safety Regulators Network, but enforcement is constrained because most major platforms have no local legal presence, limiting the ability to impose fines or compliance orders.