The Independent Communications Authority of South Africa (ICASA) has launched a market inquiry (the Inquiry). The inquiry will investigate the impact of Over-The-Top Services (OTTs) on licensees in the telecommunications, broadcasting and postal sectors. The scope of the inquiry is broad. It could have significant implications for OTT service providers, telecommunications licensees and broadcasting licensees.
For OTT service providers, the inquiry raises the possibility of bringing them within South Africa’s communications licensing framework. Draft policy proposals have contemplated this outcome for several years. Platforms offering voice, messaging, video streaming or other services and functionality over the internet often operate without local licences.
Implications for telecommunications licensees
Depending on the outcome of the inquiry, they may face new compliance requirements. Several prominent OTT players operate from outside South Africa. Some have no or only limited corporate presence in the country. This situation raises practical questions about how regulators would enforce any new obligations. ICASA’s OTT inquiry could shape licensing requirements, content obligations, spectrum and numbering allocation, and regulatory contributions.
For telecommunications licensees, the inquiry provides an opportunity to engage on the regulatory treatment of OTT services relative to licensed services. The relationship between OTT providers and the networks that carry their services will likely feature in submissions. Stakeholders often refer to this relationship as the “fair share” debate. The findings could inform spectrum policy, interconnection terms and universal service obligations.
Findings and potential regulatory impact
For broadcasting licensees, the potential implications are equally significant. Streaming platforms compete for audiences and advertising revenue. Therefore, the Inquiry may consider whether these platforms should face requirements comparable to those applicable to licensed broadcasters. These requirements could include local content quotas or must-carry obligations. Any move towards greater regulatory parity could materially affect the competitive landscape.
The Inquiry will proceed in four phases:
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Phase 1 – Commencement
Stakeholders have 10 working days from publication of the notice, dated 4 September 2026, to ask clarification questions. ICASA will then publish responses to these questions if it considers this necessary.
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Phase 2 – Discussion document
ICASA will publish a Discussion Document for written comment over a period of 45 working days. Submissions will be made public on ICASA’s website. Stakeholders must indicate whether they wish to make oral representations.
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Phase 3 – Public hearings
ICASA may, at its discretion, hold public hearings. It may also request further information from stakeholders within seven working days.
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Phase 4 – Findings
Within 90 days of the Inquiry’s conclusion, ICASA will publish a summary of its findings. It will publish the summary in the Government Gazette and on its website.
Overall, ICASA’s OTT inquiry could influence how South Africa regulates digital communications across several sectors. Its outcome may affect OTT providers, telecommunications licensees and broadcasting licensees. It could also shape future approaches to licensing, content regulation, spectrum, numbering, interconnection and universal service obligations.
| Peter Grealy | Partner | mail me | |  |
| Livia Dyer | Partner | mail me | |  |
| Karl Blom | Partner | mail me | |  |
| Wendy Tembedza | Partner | mail me | |  |
| Humayra Hajat | Senior Associate | mail me | |  |
| Prineil Padayachy | Senior Associate | mail me | |  |
| | Webber Wentzel | | |
