By Nompilo Simanje and Mlondolozi Ndlovu
In the new information age where anyone with a microphone can become a broadcaster to thousands, if not millions of people across borders, who is responsible for what they say?
In recent years in Zimbabwe and South Africa, the question of ethical reportage and accountability for online expression, especially by podcasters has been topical.
This has been mainly as a result of content and remarks that have bordered on violating media ethical principles and promoting harmful content.
Naturally, when such questions arise, the topic of regulation is also explored: Are podcasts regulated or not? Should they be regulated or not?
As the media landscape evolves, new platforms for news and information dissemination are emerging & gaining ground & this includes podcasts.
Without any prior knowledge of media ethics & professional standards, anyone with the necessary digital tools can start a podcast, a development which has led to several debates on the regulation of digital media, ethical principles and legal ramifications for online speech.
Case studies: Open Chat Podcasts, DJ Ollah and DJ Sparks
Sometime in August 2025, Open Chats Podcasts, a South African podcast is reported to have made stereotypical remarks against the coloured community by claiming that they indulge in incest, which remarks went viral and caused quite an uproar from the affected community.
While the podcasters apologised and removed the episode on their platform, demands for justice have continued.
The Patriotic Alliance, a political party in South Africa, filed criminal charges against them, while the Democratic Alliance made a report to the Human Rights Commission. The South Africa Human Rights Commission (SAHRC) is currently investigating the matter.
In Zimbabwe, several podcasters have also been in the line of fire due to their broadcast
content, and one notable podcaster is Owen Madondo, who is affectionately known by his moniker “DJ Ollah.”
Sometime in July 2025, following the acquittal of two accused persons, who had been charged with the rape of a popular social media influencer, Ashley Masendeke, popularly known as Mai Jeremaya.What followed was DJ Ollah’s viral interview with Mai Jeremaya, which ignited the conversation on ethics, sensitive reporting, and sensationalism. Ollah was accused of exploiting a survivor of gender based violence and exposing her to further cyberbullying.
This raised the issue of adherence to the ethical principles of sensitive reporting for survivors of gender-based violence after she exposed the physical and psychological abuse she endured from her spouse.
In the same month, DJ Ollah also reported a tragic accident in Chitungwiza that claimed 17 lives, an incident that was then declared a national disaster.
DJ Ollah’s live coverage of the tragic incident and also interviews with the accident survivor were equally met with condemnation, with some accusing him of being unethical, and not subscribing to Ubuntuism to exploit the social media clicks, likes and views, again touching on the exploitation of trauma in a national disaster.
Commenting on this issue, local journalist Reason Wafawarova noted,
“Survivors in shock are vulnerable; they may not be in a position to consent meaningfully, and broadcasting their distress can be viewed as exploitative. These are not minor considerations, and such critiques should not be dismissed. However, ethics in journalism are often context-sensitive — especially during emergencies where public interest, safety, and information transparency are also at stake.“
In yet another incident in May 2025, another podcaster known as DJ Sparks interviewed a 23-year-old woman, who claimed that she ran a prostitution ring or sex trafficking business where she would pimp younger girls to older men.
This sparked national outrage among citizens, including calls for the immediate arrest and investigation.
The podcast interview was viewed as normalising and promoting sex trafficking, hence highlighting the need for ethical considerations concerning the promotion of illegal activities.
The interviewee later responded to the backlash and claimed that it was all part of a strategy; she had lied so that she would trend and go viral.
Her response raised further concerns about influencer responsibility, digital clout-chasing, and the blurred lines between performance and real-life impact in the age of social media.
The above examples demonstrate the challenges of digital media, including disinformation, sensationalisation, the proliferation of hate speech, and tone-deaf reporting. Be that as it may be, it is critical to also acknowledge that podcasts contribute to the diversity of the media landscape and facilitate public dialogue on public interest issues and access to information.
Legal and ethical considerations
The incidents mentioned above are not happening in a legal vacuum. Both countries have existing legislation that can be applied to digital content.
To begin with, podcasting is an exercise of media freedom and freedom of expression, and like all other constitutionally guaranteed rights, they are subject to limitations.
Such limitations include respect for the rights of others. Other lawful limitations also include limitations from general laws of application, for example, in South Africa, the Open Chat
Podcast is accused of having violated the Prevention and Combating of Hate Crimes and Hate Speech Act, 2023, and the Promotion of Equality and Prevention of Unfair Discrimination Act (Equality Act), 2000.
In Zimbabwe, legal consideration should be made of the data protection and privacy regulations as espoused in the Cyber and Data Protection Act.
The Criminal Law Codification and Reform Act, as amended, also has several provisions under offenses relating to electronic communications and material. These include the following:
● Transmission of data message inciting violence or damage to property
● Cyber-bullying and harassment
● Transmission of a false data message intending to cause harm
● Production and dissemination of racist and xenophobic material
While the above are not exhaustive examples of the existing legal provisions, they do provide a clear picture of the need for podcasters to ensure that they adhere to the law.
Concerning ethical principles, one key principle to note is the ‘Do no harm principle’. This principle emphasises the need to balance the public’s right to information against the potential harm to individuals and communities by showing compassion, using sensitivity, and respecting privacy and vulnerable groups.
It includes minimizing unnecessary suffering by exercising care with sensitive populations, particularly children and victims of trauma, and considering the long-term impact of reporting.
Balancing media freedom and free expression with responsibility
As noted above, podcasts are not operating in a legal vacuum, and as they continue to gain ground as some of the preferred platforms for news and information, especially by Gen Z, thereis a need to equip podcasters with knowledge, especially on media ethics & professional standards.
Engagements and training on free speech limitations, hate speech laws, criminal law code, data protection laws, among others, will also go a long way in creating safe online spaces.
While the conversation on the further regulatory mechanisms specifically for podcasts might be legitimate and justified, it is important to note that most regulation opens the avenue for control and censorship.
Self-regulation is the most encouraged form of media regulation as it encourages professionalism from within the industry and allows for a more flexible, context-specific application of ethical principles, unlike a top-down, one-size-fits-all state regulation.
The future of information and the media landscape in the digital age requires that proactive steps be taken now to strike a balance between media freedom and safeguarding the rights of others.
Nompilo Simanje is a lawyer and digital rights advocate, and she currently works as theAfrica Advocacy and Engagement Lead at the International Press Institute.
Mlondolozi Ndlovu is a Zimbabwean media practitioner and legal expert. He holds degrees in media and law. Ndlovu is the current chairperson for the Media Institute of Southern Africa in Harare.