Information Regulator says it's powerless against non-compliant social media companies

JOHANNESBURG - The Information Regulator says while big social media companies are not complying with the country’s privacy data, it doesn’t have the desire nor the powers to ban them from operating in South Africa.

Recently, a Brazilian high court ordered for X, formerly known as Twitter, to cease operations in the country after failing to abide by its laws.

In a media briefing on Wednesday, the Information Regulator said Google, Meta, X and WhatsApp have told it the Promotion of Access to Information Act does not apply to them since they are foreign companies.

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The Information regulator's chairperson, Pansy Tlakula, said all companies operating in South Africa were required to abide by the country’s laws.

However, she said the regulator has little to no recourse to punish these companies for non-compliance.

“Banning Twitter as it was done in Brazil, I don’t think the regulator has those powers. If that is going to happen, it’s the government that has to do so but I think taking into consideration the importance of the right to freedom of expression and the need to balance that right against other rights… I am not speaking for government, I think it will be difficult for the South African government that holds the right to freedom of expression so high to ban a social media platform.”