New and emerging digital technologies are transforming our information ecosystem, offering unprecedented access to knowledge, new modes of communication, and powerful tools for expression, participation, and learning. These technologies hold immense potential to advance democratic institutions and promote a wide range of human rights. Yet, this same ecosystem has also become a conduit for harm, amplifying disinformation, hate speech, and incitement to violence at a scale and speed previously unimaginable. Online social media platforms, in particular, have enabled the spread and amplification of a torrent of harmful content. As a result, the integrity of our information ecosystem, which is essential for the realisation of rights, is under threat. Given the profound impact that digital technologies (and the companies that run them) have on public discourse and human rights, MMA submits that regulation is not optional. States must engage to ensure these actors operate in ways that respect, protect, and promote rights.

However, concerns about overreach, particularly regarding freedom of expression and access to information, have led to hesitation. This is compounded by the vast power and influence wielded by private platforms. To level the playing field and restore integrity to the digital sphere, states must act, carefully, transparently, and in line with international human rights law. The challenge is not whether to regulate, but how to do so in a way that preserves the promise of the online world while confronting its risks.

The Draft White Paper starts an important conversation on the notion of regulation to advance online safety. However, and while the Draft White Paper touches on ombuds, regulators, and the need to address complex social ills, such as disinformation, MMA submits it does not go far enough and does not provide what is presently, and urgently, needed in South Africa: A rights-based regulatory response to advance information integrity and online safety. MMA’s proposal does not address the Draft White Paper line-by-line but rather puts forward a proposal on how to achieve this.