South Africa has multiple laws governing the digital space, and urgency, adaptability and enforcement are key.
The proliferation of digitally manipulated content is forcing governments around the world to adapt at a different pace than other sectors.
While many countries are taking a decisive approach to social media and large-scale language model-based artificial intelligence (AI), South Africa has spent more than five years rewriting a single draft of a white paper on digital safety.
The latest flashpoint in the tech freedom debate came last week when X’s in-app AI Grok allowed users to generate thousands of sexually explicit images from their photos.
The UK moved quickly to put restrictions on Grok, while Malaysia banned it completely earlier this week.
Australia completely banned social media for under-16s in December, and South Korea criminalized deceptive AI-generated images in 2024.
Ministry will ‘act urgently’
In 2020, the Department of Communications and Digital Technologies (DCDT) published a white paper on the safety of audio and audiovisual media services and online content.
The latest redraft of the White Paper was published in July 2025, with comments extended until September 2025.
Furthermore, although the National AI Policy Framework was first published in 2024, various developments have been made to finalize the future direction.
Communications Portfolio Committee Chair Khusela Diko said the committee had repeatedly called on the ministry to act urgently to develop a comprehensive regulatory framework.
Diko said AI embedded in social media platforms forms part of a broader over-the-top (OTT) and online content services environment.
She considered that the dangers of an unregulated digital space include exploitation, the erosion of human rights, and the spread of disinformation that poses a threat to social cohesion.
“These frameworks are necessary to ensure accountability, accountability and equity across the sector, while safeguarding the public interest,” Diko told The Citizen.
“Public education and digital literacy are also critical to ensuring citizens can navigate online spaces safely and responsibly.”
“The Constitution remains the supreme law.”
The person tasked with crossing the policy line is Solly Malatsi, Minister of Communications and Digital Technologies.
Malatsi said social media and AI are useful tools that have the potential to “bring huge benefits to society” across many industries.
However, Malatsi said anyone who misuses AI to harm others should face the full force of the law, and that producing abusive images is “nothing short of shameful”.
He said South Africa’s constitution was world-renowned for its emphasis on proportionality.
“This concept means that one right does not always take precedence over another. For example, special tests must be applied to determine whether the right to freedom of expression should be defended over the right to dignity,” Marazzi told The Citizen.
“There are no one-size-fits-all rules or laws. The Constitution remains South Africa’s supreme law and therefore the standard of rights and freedoms.”
Malatsi explained that the country values its “hard-won freedoms” and should not allow laws to undermine those freedoms or allow nefarious actors to abuse the power of technology.
“However, like anything else, people and businesses can use both social media and AI to promote their own agendas, or to intentionally misuse these platforms and technologies,” he said.
Something like regulating tools.
Both Diko and Malatsi cited a number of existing laws that protect citizens and punish violators, including cybercrime laws.
But regulating platforms is even more difficult.
Nerushka Bowan, founder of LITT Institute, used a usefulness analogy to explain the difficulty of regulating AI tools.
“It’s not very practical to regulate the function or function itself, it’s like trying to regulate kitchen knives,” Bowan told The Citizen.
“One person can use that knife to cook a gourmet meal, and another person can use the same knife to stab their neighbor.
“A knife remains exactly the same tool. It would be unrealistic to have a regulation that says, ‘You can’t use a knife to stab your neighbor,'” she explained.
Bowan also addressed enforcement of existing laws, suggesting that current laws could be expanded to cover new technologies.
“In many cases, where we can do even better is in the enforcement of these laws. Uncovering the perpetrators behind these hypothetical crimes can be difficult, and these criminals can be based anywhere in the world,” she said.
“Duty of Care”
Mr Bowan said he agreed with Australia’s approach to youth protection and welcomed the move in South Africa. She also hopes to see a South African AI policy announced.
“In addition to criminal prosecutions, having regulatory guidelines for users and platforms will further help create a safer digital environment.
“There is a fine line between over-policing and protecting each individual’s right to freedom of expression as enshrined in South Africa’s Bill of Rights,” Bowan concluded.
Mr Diko said the committee wanted close cooperation between government, regulators, industry stakeholders and civil society, taking into account South Africa’s specific needs.
“These realities include persistent digital inequalities, high unemployment rates, linguistic and cultural diversity, and the protection of indigenous knowledge systems,” Diko explained.
Mr. Malatsi remained steadfast in his commitment to the Constitution and fundamental principles.
“The protection of citizens, including the right to privacy and dignity, is sacrosanct, and so is the right to freedom of expression.
“What all of this requires is a legal balancing act. The proportionality test is not that different from a duty of care,” the minister concluded.
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