ICASA: TELECOMMUNICATIONS AFFORDABILITY, OVER-THE-TOP SERVICES IMPACT INQUIRIES ANNOUNCED

ICASA: TELECOMMUNICATIONS AFFORDABILITY, OVER-THE-TOP SERVICES IMPACT INQUIRIES ANNOUNCED

• 04 September 2026
• Communications & Digital Technologies
• SA Legal Academy

Please note: On 9 September 2026, ICASA gazetted a notice correcting various errors in the original announcement of two imminent inquiries, including its reference to questionnaires. According to the correction notice, no questionnaires will be issued during the initial phase of the two inquiries concerned. In addition, in the context of OTT services, the term 'telecommuting' was used erroneously. The correction notice replaces it with 'telecommunications'.  

The Independent Communications Authority of South Africa (ICASA) has gazetted notices announcing the imminent commencement of two inquiries:

• the impact of unregulated over-the-top (OTT) services on licensees in the domestic telecommuting*, broadcasting, and postal sector, and
• the affordability of telecommunications in South Africa.

A questionnaire is traditionally released for stakeholder input when an ICASA inquiry is announced. However, at the time of writing the authority had yet to publish the two questionnaires now required. Neither had a media statement been issued.

Regarding OTT services, a departmental presentation document circulated during a National Assembly Communications & Digital Technologies Committee strategic planning workshop in September 2025:

• noted the direct availability of largely internationally based OTT services to consumers via the Internet, using ‘the infrastructure of traditional telecommunication operators’ locally at no cost to the OTT service provider
• referred to concerns expressed about the domestic implications of these locally unregulated international services for competition, consumer protection, online safety, cybersecurity and advertising revenue among other things, and
• pointed to:
  • the need for a legislative framework review, and
  • the possibility of amendments to the 2005 Electronic Communications Act and 2000 ICASA Act with the aim of addressing these issues.

Regarding affordable access to telecommunications services, the ICASA notice refers to persistent concerns about the high cost of voice and broadband services, particularly in the context of ‘low-income households, rural communities, youth, and informal sector workers’. This is especially given the role of these services in facilitating ‘digital inclusion, economic participation, education, and service delivery’.

Against that backdrop, the inquiry is expected to:

• provide ‘an evidence-based, policy-relevant assessment of the affordability of telecommunications services’
• identify ‘structural cost drivers (and) household expenditure impacts’, and
• recommend ‘potential regulatory or market interventions’.

Please click the links below for more information:

• OTT services inquiry announcement
• telecommunications affordability inquiry announcement
• September 2025 presentation document

Published by SA Legal Academy Policy Watch

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