Temporary relief for Netflix, WhatsApp and YouTube in South Africa
The Independent Communications Authority of South Africa (ICASA) has withdrawn its notice of inquiries into over-the-top services in the country, saying it will launch its investigations at a later date.
This comes after the authority launched the inquiry in early September.
At the time of its announcement, ICASA said the inquiry would specifically investigate the impact of OTT services on licensees in the telecommunications, broadcasting and postal sectors in South Africa.
OTT services are media services that stream content to digital, internet-connected devices and platforms.
This includes the likes of Netflix, Disney+, WhatsApp, Amazon Prime, and YouTube, among many others.
ICASA first revealed its plan to conduct a market inquiry on OTT services in South Africa in its Annual Performance Plan (APP) for the 2026/27 financial year.
It said that it would produce a discussion paper on the findings of this market inquiry, which could include a response to the Fair Share debate.
Fair Share is a proposal that requires high-traffic OTT platforms to pay traditional telecommunications network operators for the construction and maintenance of broadband infrastructure.
At the time of its APP, ICASA specifically noted that OTT services, such as Netflix and WhatsApp, had disrupted traditional broadcasting.
It explained that unregulated OTT services from foreign providers were competing in the same market with regulated traditional linear broadcasters for audiences and revenue.
However, following the “launch” of the inquiry, ICASA withdrew its notice last week.
“The withdrawal of the notices will allow ICASA to address administrative and procedural matters for better regulatory alignment,” it said.
However, it said that the inquiry is still on the way, and it will just be coming “at a later date”.
A new notice will be published that will provide greater context and clearer guidance for public participation, it said.
“Stakeholders who have already submitted comments…will have an opportunity to resubmit or further substantiate their comments when the new notices are republished,” ICASA said.
ICASA said it will also communicate the publication of the new notices through its usual communication channels to ensure that stakeholders are afforded a full and proper opportunity to participate in the respective Inquiries.
“ICASA apologises for any inconvenience caused by the withdrawal of the Notices.”
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