South Africa efforts to curb illegal offshore gambling have sparked renewed debate after the country’s Internet Service Providers’ Association (ISPA) urged policymakers to establish a robust legal framework before introducing measures to block access to unlicensed gambling websites.

In a position paper released on 2 July, ISPA responded to proposals by the National Gambling Board (NGB), which has called on the Department of Communications and Digital Technologies to consider internet blocking as part of its wider enforcement strategy against offshore gambling operators targeting South African players.

ISPA Supports Regulation But Demands Clear Legal Process

While ISPA acknowledged that internet service providers may, under certain circumstances, be required to restrict access to unlawful online content, the organisation stressed that such actions should only occur under legislation that respects constitutional rights and includes appropriate judicial oversight.

ISPA Chair Sasha Booth-Beharilal said any disruption to internet access must strike a careful balance between protecting consumers and preserving the public’s constitutional right to communicate. The association emphasised that website-blocking measures should never be implemented without transparent legislation designed to minimise unintended consequences while protecting due process.

Five Principles for Website Blocking

Rather than rejecting the NGB’s proposal outright, ISPA outlined five key principles it believes should form the basis of any future internet-blocking framework:

• Court-authorised blocking orders.
• Public disclosure of blocking directives.
• Regular reviews of blocked websites.
• Allowing internet service providers to determine the most suitable technical implementation methods.
• Fair allocation of compliance and implementation costs.

ISPA also highlighted the technical challenges associated with commonly used website-blocking methods, including Domain Name System (DNS) blocking, IP address blocking and deep packet inspection.

According to the association, these approaches can be bypassed, may unintentionally restrict legitimate websites, or raise significant privacy and constitutional concerns. Booth-Beharilal cautioned that international experience has shown internet blocking is rarely a complete solution to illegal online activity and often creates unintended side effects.

Illegal Gambling Remains a Growing Concern

The discussion comes as concerns over South Africa’s rapidly expanding online gambling market continue to intensify. During a recent symposium hosted by Stellenbosch University, researchers estimated that South Africans wager approximately R1.5 trillion (US$92.3 billion) annually. Officials also warned that illegal gambling platforms are increasingly targeting young people and university students.

Deputy Minister of Higher Education and Training Nomusa Dube-Ncube raised concerns over student gambling, while Acting National Gambling Board head Lungile Dukwana confirmed that the regulator is collaborating with the National Student Financial Aid Scheme (NSFAS) to help protect students and ensure public education funds are not misused through gambling activities.

Bookmakers Association Backs Stronger Enforcement

The South African Bookmakers Association (SABA) has expressed support for the NGB’s intensified campaign against illegal offshore operators, agreeing that any internet-blocking measures should be introduced through legislation that includes regulatory oversight and constitutional protections.

According to SABA, South Africa already has laws prohibiting illegal online gambling, but enforcement against offshore operators remains the country’s biggest obstacle. SABA CEO Sean Coleman said the association supports the regulator’s coordinated enforcement strategy, including technological interventions, High Court forfeiture proceedings and legislative reforms aimed at dismantling illegal gambling networks.

A 2024 Yield Sec report commissioned by SABA estimated that offshore illegal operators account for around 62% of South Africa’s online gambling market, with more than R50 billion (US$3.1 billion) in gross gambling revenue leaving the country every year. The report also estimated that approximately 16 million South Africans used unlicensed online gambling platforms during the previous year.

As South Africa considers stronger action against illegal gambling, industry stakeholders appear united on one point: any internet-blocking strategy must be supported by clear legislation, judicial oversight and constitutional safeguards to ensure effective enforcement without compromising digital rights.