MBABANE – For sometime, government has struggled with creating a fair, ethical and accountable digital media environment while addressing growing concerns over unregulated online publishing platforms.
With each passing year, there are concerns in the media industry that the absence of a registration and licensing framework for online media platforms has created an uneven playing field.
The argument is that digital publishers are able to compete for audiences and advertising without incurring the statutory permit and licensing costs borne by mainstream media.
The argument is that mainstream media is required to obtain statutory permits and licences, pay the associated fees and comply with regulatory obligations.
These requirements increase their operating costs and subject them to formal oversight.
Many online media platforms, if they are not currently subject to the same licensing and registration requirements, avoid those costs while competing for the same audience, advertising revenue and influence.
As a result, there is now a feeling that traditional media organisations are competing on unequal terms because they bear regulatory and financial obligations that some online publishers do not. In particular, the argument is that there is a creation of an uneven regulatory landscape within Eswatini’s media industry.
The Ministry of Information, Communication and Technology (ICT), was recently called to provide answers in Parliament on what is being done to regulate the mushrooming online news platforms.
The minister was particularly asked to state the legal frameworks that are in place to regulate such platforms.
The issue was raised with the ministry following concerns that the rapid expansion of online media publications has created an environment in which some digital publishers are benefitting from operating outside regulatory frameworks that apply to conventional media organisations.
It has been argued that this situation creates unfair competition because media houses with known physical addresses are required to subscribe to statutory licensing requirements, whereas many online platforms continue operating without the same obligations.
Responding to a questionnaire from this publication, the ministry said it recognises the need to promote a fair, ethical and accountable media environment that responds to the realities of the evolving digital communications landscape.
The ministry revealed that it has completed the development of the Online Media Publishing Guidelines 2026, which introduce a registration requirement for online publishers and require them to adhere to established journalistic and ethical standards.
According to the ministry, the Guidelines form part of broader efforts to strengthen accountability within the online media sector while ensuring that digital publishers are subject to professional standards similar to those expected of traditional media organisations.
The ministry stated that the guidelines provide for several important requirements intended to improve the quality and integrity of online publishing.
These include provisions dealing with the verification and accuracy of news content, procedures for corrections and retractions where inaccurate information has been published, the protection of personal privacy, safeguards for children and other vulnerable persons, prohibited conduct and the responsible use of artificial intelligence (AI) in publishing.
It explained that the overall objective of the Guidelines is to foster greater accountability and professionalism within the online media sector while creating a more balanced regulatory environment for all publishers.
The ministry indicated that the framework is intended to respond directly to concerns that the current regulatory landscape has become skewed as digital platforms continue to grow in number and influence.
The issue of regulation was also linked to data protection, with questions being raised about how online publications ensure compliance with the country’s data protection laws and what role the Eswatini Communications Commission (ESCCOM) plays in monitoring compliance.
In response, the ministry clarified that matters relating to the implementation and enforcement of the Data Protection Act 2022, together with regulatory oversight of data protection compliance, do not fall within its direct mandate.
Instead, the ministry explained that these responsibilities are vested in the ESCCOM, which is the statutory authority responsible for ensuring compliance with the country’s data protection framework.
For that reason, the ministry respectfully referred further enquiries on the implementation of the Data Protection Act, compliance requirements applicable to online publications, monitoring mechanisms and enforcement measures to ESCCOM, noting that the commission is best placed to provide detailed information on these matters.
Another question raised concerns the practical implementation of the proposed registration framework, particularly given that many online media platforms do not have publicly known physical or residential addresses.
The question sought clarity on how the ministry intends to locate the owners of online media platforms if many of them operate primarily through digital channels without identifiable offices.
In response, the ministry said the Online Media Publishing Guidelines 2026 introduce a registration requirement specifically designed to strengthen accountability and adherence to professional standards within the digital media sector.
According to the ministry, the registration process itself will provide a mechanism through which online publishers will be required to submit the necessary information needed to facilitate compliance with the guidelines and other applicable laws.
The ministry explained that this information will enable online publishers to be identified and held accountable for compliance with the standards established under the guidelines.
It added that the framework is intended to ensure accountability in relation to ethical journalism, the verification and accuracy of published content, the protection of privacy, correction and retraction procedures, prohibited conduct, and the responsible use of Artificial Intelligence in digital publishing.
The ministry further stated that implementation of the guidelines will not occur in isolation.
Instead, it will continue working closely with the relevant regulatory authorities, including ESCCOM, within their respective statutory mandates to support operational implementation and enforcement relating to electronic communications regulation and other compliance matters.
As the digital media sector continues to expand, the ministry maintains that the registration of online publishers, together with adherence to prescribed journalistic standards, will contribute towards strengthening professionalism, improving public confidence in online news, enhancing protections relating to privacy and vulnerable persons, promoting responsible use of artificial intelligence in publishing and ensuring that online publishers can be identified and held accountable where necessary.
Meanwhile, it should be noted that no African country has fully ‘solved’ the regulation of online media.
Most countries are still trying to strike a balance between three competing objectives; protecting freedom of expression and media freedom, holding online publishers accountable for misinformation, hate speech and defamation and avoiding laws that are seen as censorship or government control.
Experts argue that some countries have more developed systems than others, but none has produced a model that is universally regarded as a complete success.
For instance, in neighbouring South Africa, there is no specific requirement for online publishers to obtain a government licence.
Instead, it relies on a combination of voluntary membership of the Press Council of South Africa, the Press Code of Ethics and Conduct, courts to deal with defamation and unlawful publications; the Information Regulator enforcing the Protection of Personal Information Act (POPIA) and communications regulation by the Independent Communications Authority of South Africa (ICASA), although ICASA generally regulates broadcasters rather than news websites.
Specifically, most reputable online news organisations voluntarily subscribe to the Press Council, whose rulings are public and can require corrections, apologies or retractions.
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