- South Africa’s Film and Publication Board (FPB) issued a compliance notice to Apple for non-payment of fees and failure to register as a content distributor.
- The FPB claims Apple’s actions have negatively impacted its financial operations.
- Acting FPB CEO hinted at potential geoblocking measures for non-compliant services.
South Africa’s Film and Publication Board (FPB) has taken a firm stand against Apple, issuing a compliance notice for alleged non-payment of required fees and failure to register as a content distributor.
Acting FPB CEO Makhosazana Lindhorst revealed the situation during a recent meeting with the Parliamentary Portfolio Committee on Communications, describing Apple’s non-compliance as a significant financial strain on the agency.
Initially reluctant to name Apple directly, Lindhorst referred to the company as a "large film distributor" that had caused substantial challenges. However, under parliamentary privilege, which shields officials from defamation claims, she identified Apple, shocking some committee members.
In addressing Apple’s non-compliance, Lindhorst discussed the FPB’s pursuit of legal opinions to explore enforcement mechanisms. One measure under consideration is geoblocking, which prevents non-compliant platforms from distributing their content in South Africa.
“We are exploring the issue, and that is where we actually need support — to find out how we can block and if it is possible,” Lindhorst told the committee. She added, “If you’re not complying, we just click, and you can’t distribute your content in South Africa.”
While this remains a theoretical option, the FPB’s stance demonstrates its willingness to assert control over digital platforms operating within its jurisdiction. The agency’s mandate covers the classification and age restrictions for films, TV shows, and games distributed in South Africa.
After initially resisting the FPB’s demands, Apple has recently signaled a shift in its approach. According to Lindhorst, the company, through its legal representatives, expressed its intention to comply with the board’s requirements. This includes addressing the payment of outstanding fees and fulfilling registration obligations as a content distributor.
Apple currently operates in South Africa through its Apple TV app, which offers movies and TV shows for rent or purchase, and its subscription streaming service, Apple TV+. Additionally, the App Store serves as a key distribution platform for video games.
The exact extent of Apple’s non-compliance remains unclear, with speculation over whether it affects only its video content or also includes games distributed through its platform.
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The FPB’s assertive action against Apple is part of a growing trend in South Africa to hold digital platforms accountable to local laws. This incident highlights the potential risks international tech companies face when operating in jurisdictions with stringent regulatory requirements.
The case also raises broader questions about how African regulators can enforce compliance from global players without disrupting access to services that many consumers rely on. Should geoblocking or similar measures be implemented, it could set a precedent for regulatory action across the continent.
South Africa has been actively enhancing its regulatory framework for digital platforms. For instance, the FPB's draft rules proposed in 2023 sought to address harmful online content, including hate speech and child exploitation.
Additionally, the Independent Communications Authority of South Africa (ICASA) has spearheaded efforts to streamline digital oversight through initiatives like the ICT & Media Regulators Forum, which aims to harmonise enforcement strategies.
The case also raises broader questions about how African regulators can enforce compliance from global players without disrupting access to services that many consumers rely on. Should geoblocking or similar measures be implemented, it could set a precedent for regulatory action across the continent.
Efforts like ICASA’s digital oversight reforms are setting the stage for African nations to take stronger action against non-compliance, with an emphasis on protecting local markets and consumers. For companies like Apple, these changes underscore the need for proactive engagement with regulators to align operations with local requirements.
