Open Chats Podcast controversy sparks outrage and questions about regulation

CapeTalk's Lester Kiewit speaks to Executive Director of the Freedom of Expression Institute Samkelo Mokhine, and Director of Podcaster Affairs at the South African Podcasters Guild Diego Domingo.

Listen below:

The furore caused by the recent Open Chats Podcast, where derogatory remarks were made about coloured people, has raised some important questions.

The comments have angered the Patriotic Alliance and its leader, Gayton Mackenzie, who is determined to pursue legal action.

Meanwhile, the South African Human Rights Commission says it has been flooded with complaints.

Hosts on the podcast made several offensive comments, among them that coloured people are 'crazy' and 'incestuous'. 

RELATED: What it means to be coloured in SA in 2024 and should we still be using the term?

Have our laws and regulations caught up with the growth of these platforms, asks Kiewit, or is this case proof that more regulation is indeed needed? 

Domingo says the current laws and regulations fulfil what is needed in terms of regulations for podcasters.

"Even if you look at the Broadcasting Complaints Commission (BCCSA), podcasters do fall under online media, so people can actually go complain to that."

- Diego Domingo, South African Podcasters Guild

But he adds that more awareness is needed about the channels people can utilise to make complaints...

"In the case of the Open Chats Podcast, people have actually laid complaints. We need to be more vocal about that, and using the existing laws that we do have to hold these people to account."

- Diego Domingo, South African Podcasters Guild

In South Africa, freedom of speech is a constitutional right, enshrined in Section 16 of the Bill of Rights.

But Domingo says there are limitations to that.

"You need to be responsible with free speech... we advocate strongly for free speech, but within the context of the law."

- Diego Domingo, South African Podcasters Guild

"We can't negate [the right to freedom of speech] because less than 1% of podcasters are causing an issue."

- Diego Domingo, South African Podcasters Guild

RELATED: Is there a resurgence in coloured nationalism?

So how do we balance the constitutional right to freedom of expression, while also protecting vulnerable communities, asks Kiewit.

Mokhine says the answer lies in closer regulation...

"We look at the potential harm to the public. It might be your own private musings, but as soon as you are podcasting/broadcasting to the public about subjects that impact them, you need to be bought into regulation."

- Samkelo Mokhine, Executive Director - Freedom of Expression Institute

"The issue is going to be whether we wait for government to regulate the industry... or that efforts are pushed towards self-regulation like the rest of the media."

- Samkelo Mokhine, Executive Director - Freedom of Expression Institute

Should podcasts be regulated? Scroll up to audio player to listen to this conversation from Good Morning Cape Town.