CC2025/08 Jokazi,N, Majola, K and Njisane, E. Reviewing South Africa’s Content Moderation for Social Media Platforms: The Draft White Paper on Audio and Audiovisual Media Services and Online Content Safety Policy Framework, Electronic Communications and Transactions Act 25 of 2002, and an Online Integrity Ombudsman Model

This discussion paper explores potential regulatory frameworks for addressing content moderation and platform liability on social media platforms in South Africa. It arises from recommendations made in the Competition Commission’s Media and Digital Platforms Inquiry (“MDPMI”) Provisional Report published in February 2025.1 The Paper also draws from the Draft White Paper on Audio and Audiovisual Media Services and Online Safety (“AAVMS Draft White Paper”) by the Department of Communications and Digital Technologies (“DCDT”), which was recently re-published for public comments in July 2025. It also draws from submissions made by civil society, particularly Media Monitoring Africa (“MMA”), which has advocated for a more robust legal framework by creating a model that centres around a digital harms ombud, the Online Integrity Ombud (“OIO”), which can be found on the Competition Commission’s website.2 The paper is part of a broader consultative process intended to gather public input on how to best balance rights, safety, and accountability on social media platforms. Following engagements and consultations with affected stakeholders, the Commission is undertaking an inclusive policy dialogue to build on the MDPMI’s recommendation outlined in paragraphs 17.3 -17.73 of the Main Provisional Report Findings, Remedies and Recommendations. Part of the recommendation for addressing challenges related to harmful content, misinformation, and disinformation on social media platforms4 proposed in the Provisional Report is to consider amending the Electronic MDPMI Main Report https://www.compcom.co.za/wp-content/uploads/2025/02/CC_MDPMI-Provisional-Report_Findings- Recomendations-1.pdf Para 17.6 -17.7 2 Add HYPERLINK to MMA Proposal https://www.compcom.co.za/wp-content/uploads/2025/02/CC_MDPMI-Provisional-Report_Findings-Recomendations-1.pdf Competition Commission of South Africa Main Report Findings, Remedies and Recommendations, paragraph 17.3- 17.6 page 12 Communications and Transactions Act 25 of 2002 (“ECTA”) by expanding Chapter XI of ECTA to explicitly include social media platforms and to introduce an Industry Representative Body (IRB) model to regulate content moderation responsibilities and “safe harbour” conditions. The discussion outlines in greater detail the Commission’s rationale for recommending changes to ECTA and how the models broadly align with one another.