South Africa

South Africa - No Central Super-Regulator for AI

South Africa's 2026 AI policy avoids a central "super-regulator," instead distributing oversight to existing sector regulators including FSCA and SARB for financial AI, and SAHPRA for medical AI.

South Africa publishes National AI Policy Framework for public comment

The South African Department of Communications and Digital Technologies published a National AI Policy Framework for public comment, outlining proposals for AI governance, ethical guidelines, sectoral regulation, and establishment of a national AI coordinating council.

South Africa - Draft National AI Policy Submitted

South Africa's Department of Communications and Digital Technologies submitted the Draft National AI Policy to Cabinet, marking a further step in the right direction for AI governance in South Africa. The policy avoids a central "super-regulator," instead distributing oversight to existing sector regulators (FSCA and SARB for financial AI, SAHPRA for medical AI).

Roux v. van Greunen

Pro Se Litigant used Unidentified in proceedings before the High Court. Fabricated: Case Law | Relied on a non-existent judgment 'Matshoba and Another v Acting Master of the High Court, Johannesburg and Others' (applicant produced a 'compiled' Word document); court could not locate the reported or neutral citation and concluded it was an AI hallucination.

Roux v. van Greunen

Fabricated: Case Law | Relied on a non-existent judgment 'Matshoba and Another v Acting Master of the High Court, Johannesburg and Others' (applicant produced a 'compiled' Word document); court could not locate the reported or neutral citation and concluded it was an AI hallucination.

Roux v. van Greunen

Competition Commission Media and Digital Platforms Market Inquiry (MDPMI)

On 13 November 2025, the Competition Commission of South Africa released the final report on the Media and Digital Platforms Market Inquiry (MDPMI), initiated under Section 43B(1)(a) of the Competition Act, following 24 months of evidence gathering and stakeholder engagement. The final report found that declining advertising income, limited subscription capacity, and the prominence of global platforms across search, social media, AdTech, and AI have weakened South Africa’s news media. It note...

Information Regulator investigation into WhatsApp's privacy policy

On 13 November 2025, the Information Regulator announced a settlement agreement with WhatsApp concerning its 2021 Privacy Policy. The agreement addresses WhatsApp's processing of personal information in South Africa. As part of the settlement, WhatsApp withdrew its legal action and will implement additional transparency measures for users. The case relates to WhatsApp’s amended Privacy Policy in South Africa. Following an assessment, the Regulator issued an enforcement notice, concluding that...

Film and Publication Board investigation into online content depicting violence against children

On 22 October 2025, the Film and Publication Board (FPB) directed social media platforms to remove a video clip depicting violence against a child. The instruction was issued under Section 18G of the Films and Publications Act, which prohibits the distribution of material showing violence against children. The FPB indicated that it would monitor the removal process to prevent further dissemination and reminded the public that sharing or distributing such content is also prohibited under the A...

Film and Publication Board investigation into distribution of private sexual films or photographs without consent under Films and Publications Act

On 10 November 2025, the Film and Publication Board (FPB) opened an investigation into the distribution of a video clip circulating on social media that depicts two individuals engaging in sexual conduct. The investigation concerns possible contraventions of section 18F(1) of the Films and Publications Act, 1996 (Act No. 65 of 1996) as amended, which prohibits exposing a private sexual photograph or film without the consent of the individuals depicted and with the intention of causing harm. A...

Northbound Processing v. South African Diamond Regulator

Lawyer used Legal Genius in proceedings before the High Court. Fabricated: Case Law | Non-existent case cited to support interim mandamus propositions; court confirmed it does not exist and counsel later admitted AI hallucination. Outcome: Referral to the Legal Practice Council for investigation.

Northbound Processing v. South African Diamond Regulator

Fabricated: Case Law | Non-existent case cited to support interim mandamus propositions; court confirmed it does not exist and counsel later admitted AI hallucination. || Fabricated: Case Law | Non-existent case cited on effect of completed statutory processes; court confirmed it does not exist and counsel later admitted AI hallucination. || Misrepresented: Case Law | Incorrect case citation in the filed heads; flagged by opposing respondents; court noted issue without resolving substance. || Misrepresented: Case Law | Incorrect case citation in the filed heads; flagged by opposing respondents; court noted issue without resolving substance.

Northbound Processing v. South African Diamond Regulator

Film and Publication Board investigations into distribution of online child sexual abuse material on online platforms

On 22 April 2025, the Film and Publication Board (FPB) reported that it had received 21 cases of Online Child Sexual Abuse Material (CSAM) for expert analysis during the 2024/25 financial year, examining 218’582 images and videos, of which 18’945 were confirmed as CSAM, with analysis reports generated for legal proceedings. The FPB also investigated 34 public complaints, including cases of sextortion, cyberbullying, impersonation, bestiality, and non-consensual sharing of intimate images, whi...

Mavundla v. MEC

Lawyer appeared before the High Court. Fabricated: Case Law | Remove reference to Municipality of the City of Cape Town v Aon South Africa (Pty) Ltd as it does not exist. Outcome: Leave for appel dismissed with costs; referral to Legal Practice Council.

Mavundla v. MEC

Fabricated: Case Law | Remove reference to Municipality of the City of Cape Town v Aon South Africa (Pty) Ltd as it does not exist. || Fabricated: Case Law | Remove reference to Pieterse v The Public Protector as it does not exist. || Fabricated: Case Law | Remove reference to Burgers v The Executive Committee of the Municipal Council of the Greater Germiston Municipality as it does not exist. || Fabricated: Case Law | Remove reference to Dube v Schleich as it does not exist. || Misrepresented: Legal Norm | Correct the interpretation of service rules in court documents. || Misrepresented: Legal Norm | Adhere to proper service protocols as outlined in court rules. || Misrepresented: Case Law | Ensure accurate context when referencing case law. || Fabricated: Case Law | Remove reference to Citi Bank NA v L & M Commercial Limited as it does not exist. || Misrepresented: Case Law | Use relevant cases that accurately support legal arguments. || Fabricated: Case Law | Remove reference to Hassan v Coetzee as it does not exist. || Fabricated: Case Law | Remove reference to Jordaan v Pienaar as it does not exist. || Misrepresented: Case Law | Ensure accurate context when referencing case law. || Fabricated: Case Law | Remove reference to Standard Bank of South Africa Ltd v Lethole as it does not exist. || Fabricated: Case Law | Remove reference to Makro Properties (Pty) Ltd v Raal as it does not exist. || Misrepresented: Case Law | Use accurate case law for supporting specific legal arguments.

Mavundla v. MEC

Film and Publication Board regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526)

On 11 April 2024, the Film and Publication Board (FPB)’s regulations addressing harmful and prohibited content under Section 18H and Section 27A of the Films and Publications Act (Notice No. 4526) were terminated after the FPB announced its withdrawal. The regulations required service providers to implement measures to prevent the hosting or distribution of prohibited content and report to the FPB the steps implemented. The regulations prohibited content included content inciting violence, p...

South Africa National Data and Cloud Policy includes new data protection authority

On 31 May 2024, the Department of Communications and Digital Technologies adopted the data and cloud policy, which requires data protection authorities to ensure robust data security and privacy protection. It emphasises investigating breaches, raising public awareness, and periodically assessing privacy practices across government agencies, businesses, and online platforms. The policy highlights that the authorities must be adequately resourced to take enforcement actions, adapt legislation ...

South Africa National Data and Cloud Policy includes cybersecurity measures

On 31 May 2024, the Department of Communications and Digital Technologies adopted the data and cloud policy including measures to enhance cybersecurity regulation. The policy aims to create a secure and inclusive environment for data and cloud services, focusing on data privacy protection and cybersecurity. It mandates the strengthening of the Cybersecurity Hub to address digital threats, and ensuring all government technologies integrate cybersecurity-by-design principles throughout the data...

Data residency obligations in South Africa Draft National Data and Cloud Policy

On 31 May 2024, the South African Department of Communications and Digital Technologies adopted the final national data and cloud policy, including data residency obligations. The policy applies to data management and cloud computing within South Africa. The guideline mandates that government data pertaining to protecting and preserving national security and sovereignty should be stored only on digital infrastructure within South Africa. Further, the policy sets out criteria for the governmen...

Information Regulator Guidance Note on compliance with POPIA when processing personal data for direct marketing

On 3 December 2024, the Information Regulator issued a Guidance Note on compliance with the Protection of Personal Information Act (POPIA) for processing personal data in direct marketing. Key requirements include obtaining explicit consent from data subjects, respecting their right to object to data processing, ensuring transparency about data collection, purpose, and rights, and conducting a Legitimate Interest Assessment (LIA). The Guidance prioritises personal data protection, transparenc...

Information Regulator investigation into Ram Consulting over alleged non-compliance with POPIA personal data processing requirements

On 27 February 2024, the Information Regulator issued an enforcement notice to FR Ram Consulting, a training institution, for contravening various sections of the Protection of Personal Information Act (POPIA). The Regulator stated that it received a complaint from a data subject who continued to receive direct marketing messages despite multiple attempts to opt-out. The Regulator found that FR Ram Consulting had failed to adhere to POPIA personal data processing requirements and contravened ...

Information Regulator guidance note on application for prior authorisation

On 15 January 2024, the Information Regulator of South Africa, issued a guidance note on processing personal information subject to prior authorisation under the Protection of Personal Information Act. The note applies to responsible parties processing certain types of data requiring prior authorisation under the POPIA, and which includes unique identifiers, credit reporting, criminal behaviour checks, or transferring special personal information or children's data to countries lacking adequa...

Information Regulator Code of conduct on processing personal information by the residential communities council

On 22 September 2023, the Information Regulator opened a public consultation on processing personal information by the residential communities council. The code and outlines obligations including obtaining consent for processing biometric and employee data, ensuring compliance with Protection of Personal Information Act when sharing data with third parties. The code also highlights implementing security measures like encryption and risk assessments under frameworks such as National Institute ...

Information Regulator investigation into Dis-Chem Pharmacies Ltd for alleged contravention of the provisions of Protection of Personal Information Act

On 31 August 2023, the Information Regulator issued an enforcement notice in the context of its investigation into Dis-Chem Pharmacies Ltd for contravention of various sections of the Protection of Personal Information Act relating to a security breach affecting around 3.6 million data subjects. It was highlighted that Dis-Chem failed to implement adequate security measures, including addressing the risks of weak passwords and entering into an operator agreement with its third-party service p...

Local Content Requirement in White Paper on Audio and Audiovisual Media Services and Online Content Safety

On 8 September 2023, the South African Government closed its consultation on the draft White Paper on Audio and Audiovisual Media Services and Online Content Safety. The White Paper includes high-level policy proposals on regulations and principles to modernise the current legal framework on Audio and Audio-visual Content Services (AAVCS). In particular, the White Paper proposes for the South African Content regulatory framework to apply to all AAVCS including new broadcasting services offere...

Information Regulator Code of conduct on personal information protection in the direct marketing industry

On 14 July 2023, the Information Regulator closed a consultation on a code of conduct on personal information protection in the direct marketing industry. The code applies to members of the direct marketing association of South Africa. The code imposes obligations such as appointing Information Officers, establishing a compliance framework, conducting Personal Information Impact Assessments, and ensuring that personal information collection is adequate and relevant. It also requires documenta...

Parker v. Forsyth NNO and Others

Lawyer used ChatGPT in proceedings before the Magistrates' Court. Fabricated: Case Law | Plaintiff's attorneys cited this as authority that a body corporate can sue for defamation; the court found after directed research that it does not exist and counsel conceded it was AI-generated. Outcome: Plaintiff’s claim dismissed; punitive costs awarded on an attorney-and-client scale for specific period due to AI-generated hallucinated case law.

Rules of Procedure for Data Protection Enforcement Committee

On 24 March 2023, the public consultation closed on the draft rules for the Data Protection Enforcement Committee. The draft rules outline the duties of the enforcement committee and what types of complaints may be submitted to it. The draft rules also elaborate on the type of evidence that will be considered, the amount of time the committee may take to process the complaint, and the rights of both the complainant and the defendant.

FPB Industry code on prevention of online harm

On 2 September 2023, the Film and Publications Board of South Africa closes the public consultation on the Industry code on prevention of online harm. The code aims to regulate the online distribution of harmful content such as child pornography, hate speech, and incitement to violence. The code applies to commercial online distributors and social media platforms. The code imposes obligations to prevent the hosting and distribution of prohibited content, ensure consumer support for reporting ...

FPB Guidelines on determination of harmful content

On 2 September 2023, the Film and Publications Board closes a public consultation on the guidelines for determination of harmful online content. The guideline provides a framework for the Appeal Tribunal to assess what constitutes harmful and prohibited content, including hate speech and incitement to violence. The guideline requires analysis of content, language, intent, and context, as well as consideration of constitutional limits on freedom of expression. The guideline emphasises consulti...

FPB Guidelines on peer-to-peer video sharing

On 2 September 2023, the Film and Publication Board closes a public consultation on the guidelines on peer-to-peer video sharing. The guideline aims to regulate content sharing on peer-to-peer platforms, prohibiting harmful or illegal content including child pornography, revenge porn, hate speech, and content inciting violence. The guideline applies to users on peer-to-peer platforms, requiring them to secure consent from individuals, respect intellectual property rights, and adhere to privac...

FPB Notice requiring service providers to implement measures to protect children from harmful content

On 26 January 2023, the Film and Publication Board (FPB) Notice requiring service providers to implement measures to protect children from harmful content enters into force. The notice applies to internet access, service providers, and operators of child-oriented services and content services, including online distributors. The notice requires access and service providers to provide information to the FPB regarding minor protection measures taken by them, including displaying safety messages,...

Cryptocurrency advertising regulation in Code of Advertising Practice

On 23 January 2023, the South African Advertising Regulatory Board (ARB) announced it was broadening the scope of its "Code of Advertising Practice" (ARB Code). In particular, the ARB Code introduces new regulations for advertisements of crypto assets. In particular, the updated ARB Code notes that advertisements have to expressly and clearly state that investing in crypto assets may result in the loss of capital. Furthermore, crypto advertisements must be easily understandable for their tar...

South Africa Banking Association Information Processing Codes of Conduct

On 9 November 2022, the Information Regulator issued the Code of conduct for processing of Personal Information by the banking industry under the Protection of Personal Information Act 4 of 2013. The code applies to member banks of the Banking Association of South Africa. The code mandates lawful and reasonable processing of personal information, requiring compliance frameworks to manage risks, retention policies for data, and conditions for further processing. It also establishes guidelines ...

Credit Bureau Association information processing code of conduct

On 9 November 2022, the Information Regulator implemented the Code of conduct governing the conditions for lawful processing of personal information by the Credit Bureau Association. The code applies to credit bureaus which are members of the Credit Bureau Association. The code imposes several obligations, including the appointment of an Information Officer, obtaining explicit consent from data subjects, conducting personal information impact assessments, ensuring data quality and accuracy. T...

Crypo-assets provisions in Supervisory guidelines for banks on money laundering, terrorist financing or other unlawful activity

On 15 August 2022, the South African Reserve Bank issued a guideline on risk management, illegal financing (e.g. terrorism), and anti-money laundering standards for banks and other institutions handling crypto-assets. The guideline states that, instead of completely banning entities that handle crypto-assets, banks should decide on a case-by-case basis whether the organizations they do business with are safely handling and trading crypto-assets. The guideline aims to help banks assess the ris...

Film and Publication Board’s Revised Classification Guidelines for the Classification of Films, Games and Certain Publications

On 1 August 2022, the Film and Publication Board’s Revised “Classification Guidelines for the Classification of Films, Games and Certain Publications” entered into force. The purpose of the Guidelines is to ensure that information is provided to allow adults to make informed viewing, gaming and reading choices, both for themselves and for children; to protect children from exposure to potentially disturbing or harmful contents; punish and criminalise the use of children in and the exposure of...

Content Moderation Regulation in Films and Publications Amendment Act 2022

On 1 March 2022, the Films and Publications Amendment Act 2022 entered into force. The Act prohibits the online publication and distribution of private sexual photographs and films, child pornography, propaganda for war or is an incitement to violence, advocacy of hatred based on identifiable group characteristics, among others.