Digital platforms shape how we access information, debate political issues and engage with one another. Their influence raises a pressing question: how can South Africa hold platforms accountable for online harm while safeguarding the freedoms essential to democracy?
The study, “A South African Legal Framework to Govern Online Harm: What Might We Learn from the EU’s Digital Services Act?”, initiated and funded by the KAS Media Programme Sub-Saharan Africa, examines this challenge. Authors Nicole Fritz and Justine Limpitlaw argue that South Africa should draw on the core principles of the European Union’s Digital Services Act (DSA), adapting them to the country’s constitutional, institutional and economic realities.
A framework rooted in South Africa’s needs
The study identifies a gap between existing legislation addressing aspects of online harm and a coherent system of platform accountability. It proposes a South African framework built on transparency, user rights, independent oversight and effective enforcement.
At its heart is a proportionate approach: the responsibilities of digital services should reflect their size, reach and influence. The largest platforms would face stronger obligations to assess and address systemic risks, including disinformation, election interference, hate speech, gender-based online violence and risks to children.
Local context is equally important. The authors call for platforms to demonstrate competence in South Africa’s languages and social realities, ensuring that moderation systems can recognise and respond to the communities they serve.
Protecting users and freedom of expression
The study places freedom of expression at the centre of its recommendations. It cautions against rules that encourage excessive content removal and advocates clear complaint procedures, meaningful appeals and explanations for moderation decisions.
Greater transparency would help users understand how platforms moderate content, display advertising and recommend information. Access to relevant platform data would also enable regulators and qualified independent researchers to investigate risks and assess platforms’ responses.
Children’s protection is another priority. The authors recommend a “Safety by Design” approach incorporating strong privacy safeguards, child-friendly default settings and restrictions on profiling-based advertising aimed at minors.
Turning accountability into practice
To make oversight effective, the study recommends local legal representation for major international platforms and proposes the Independent Communications Authority of South Africa (ICASA) as the lead regulator. Adequate funding, investigative powers and meaningful penalties would be essential to enforcement.
The study offers a contribution to the debate on South Africa’s digital future: a framework that addresses the responsibilities of powerful platforms while preserving the country’s constitutional commitment to freedom of expression.
The study was launched on 15 October at the Media Freedom Festival in Johannesburg.
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