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South Africa: ICASA Proposes Strategic Approach To Regulating Artificial Intelligence And Digital Transformation

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South Africa: ICASA Proposes Strategic Approach To Regulating Artificial Intelligence And Digital Transformation

November 5, 2025
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Tshiamo Maluleka-Disemelo, the CEO of the Independent Communications Authority of South Africa (ICASA), has emphasised the necessity for collaborative regulatory approaches to address the challenges posed by artificial intelligence (AI) and the ongoing digital transformation.

Speaking at the ITWeb GRC Summit 2025 in Johannesburg, South Africa, she shared crucial insights into the regulator’s initiatives aimed at ensuring equitable access, consumer protection, and responsible governance in South Africa’s rapidly evolving digital and broadcasting sectors.

Maluleka-Disemelo pointed out that the speed of technological advancements—ranging from AI to various digital platforms—is outpacing the ability of current regulatory frameworks to keep up. She stressed that regulatory bodies must proactively modernise their governance structures to ensure that innovation is paired with accountability and public safeguards.

Highlighting ICASA’s responsibility to oversee broadcasting, postal, and electronic communications in the public interest, she stated, “Our primary mission is to ensure access for everyone, protect consumers, and guarantee that the services provided are reliable, safe, and offer genuine choice.” However, she acknowledged that the rapid evolution of the sector has led to regulatory gaps that require urgent attention.

Citing the Electronic Communications Act of 2005, Maluleka-Disemelo noted that South Africa’s existing laws, crafted for a conventional broadcasting context, are now inadequate in a landscape dominated by digital platforms, podcasts, and streaming services. “Currently, individuals can connect with millions without any licensing, while traditional broadcasters face heavy regulatory burdens. This disparity needs to be addressed,” she emphasised, noting that ICASA collects around R2 billion in licensing fees, a substantial portion of which is reinvested into national development.

She cautioned that unregulated innovation could threaten accountability and ethical governance. “We are not against innovation; we support it, but well-defined governance frameworks must direct it,” she stated. Maluleka-Disemelo also mentioned ICASA’s collaboration with the Department of Communications and Digital Technologies and Parliament to shape an AI policy framework, with a particular focus on data privacy, misinformation, and procurement transparency.

Using AI in tender evaluations as a point of discussion, she highlighted both the potential benefits and risks associated with it. “If an algorithm denies me a tender, how can I understand the reason? How do we ensure fairness and transparency without infringing on data rights?” she questioned.

Additionally, she addressed cybersecurity concerns, underscoring the growing risks associated with digital services and online transactions. She emphasised the importance of citizens being aware of how their personal information is managed and shared. ICASA is collaborating with the Information Regulator, the Film and Publication Board, and other entities to address challenges related to online safety, child protection, and the ethical use of data.

Regarding spectrum management, Maluleka-Disemelo reported significant advancements since the onset of the pandemic. “We have enacted dynamic spectrum access regulations to ensure that this scarce resource is utilised efficiently and equitably,” she noted. Ongoing research, including a study on data pricing and competition, aims to foster affordability and enhance consumer choice.

She called for active public involvement, urging industry stakeholders and the public to participate in the consultation for the draft white paper on audio and audiovisual services. “Regulation is a participatory process; remaining silent means others will make decisions on your behalf,” she warned.

In the Q&A session, when asked about China’s new legislation mandating formal qualifications for influencers in finance and law, she recognised the complexities of the issue. While such regulations aim to combat misinformation, they must also strike a balance between freedom of expression and access to information. “There is a genuine risk of misinformation, but we must navigate towards a balance that preserves transparency and democratic values,” she concluded.

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