Sections

Clse

Written submissions

Oral/written submissions

Preamble

0

00

FCST: the aim of the preamble is not supported by other government initiatives, such as amendments to the Copyright Act and the Performers’ Protection Act – as these amendments provide for "pay per play" payments to be made to performers.

In submissions made on these amendments, it was made clear that marginal radio stations will find it impossible to survive on a commercial basis. Coupled with the decline in adspend, it will be impossible to establish or operate small commercial or community radio stations.

Coupled with local content requirements, collectively these are seen to defeat the object of the MDDA Bill.

Assom: has indicated that it concurs with the FCST submission on these points.

SACP: strongly urges that the independence of the MDDA from private commercial interests be safeguarded also as part of the preamble.

Definitions

01(iii)

M-Net: suggest that "and" be removed from the definition and replaced with "or" – so that community could be geographically based or a community having a common interest.

01(iv)

NAB: word "community media " and "marginalized" should be deleted as are not defined in the Bill and all community media, whether marginalized or not, should be considered as comprising community media in SA. Section 17 provides priority projects to be considered for support.

01(v)

MMP: the definition of diversity does not take into account diversity of content and programming.

Further, the position paper placed an emphasis on diversity in terms of ownership. However, diversity of ownership does not necessarily result in diversity of content. Therefore the definition should include the need to cater for diversity in content and programming.

The Bill is unclear as to how the Agency is going to promote diversification of the media industry.

There should also be an emphasis on gender in these provisions.

01(vii)

Frasier Mtshali (FM): media is not complete without the inclusion of film and recorded voice.

01(xvi)

SABC: the Bill contains no definition of "commercial media", but it does appear as if small commercial media will benefit from MDDA funding. This requires clarity.

Establishment

02

SABC: should include a sunset clause to indicate the lifespan of the MDDA.

02(2)

NCRF/FXI: the governance of the MDDA should be through an independent Board.

02(4)

M-Net: also supports this provision for the independence it accords the Agency. Yet, certain sections appear to undermine this independence (see 17(k)).

FCST: while the clause is lauded, its provisions are not seen to be supported in the remainder of the sections (with particular emphasis on 18(3) and 19(4).

Assom: supports concerns raised by the FCST and the NAB in that the powers accorded to the Minister are too wide and erode the concept of the MDDA being an independent body. Decision making powers should lie with the Board.

PMSA: The following clauses serve to undermine this section: 13(3)(b), 18(3), 18(4), 21(1)

NAB: also amongst those to widely applaud the provisions for independence in this clause. However, 13(3)(b), 17(k), 18(3), 18(4), 19(3) and 21 seem to erode this.

SACP: strongly argues for an MDDA that is "fiercely independent from commercial interests and the logic of the private capitalist market". To ensure this takes effect would require explicit clarification of the following sections: the preamble, and sections, 4, 5, 6, 10 and 14 of the Bill.

Objective of Agency

03

FM: Media ownership is key to satisfying the objective of the MDDA.

SACP: MDDA should be seen primarily as a watchdog and promoter of the Constitutional rights of freedom of expression and access to information.

MMP: should include emphasis on Human Rights, gender, race etc

SABC: the MDDA should be geared primarily to areas of service where the current media, and particularly, the SABC with its public service mandate are unable to penetrate, whether such penetrative failure is due to infrastructural or other causes.

Constitution of Board

04

FCST: while the composition of the Board supports impartiality, it is clear that the functions of the Board and the Agency are not impartial and are subject to political and executive interference.

SABC: would like to have noted that it seems that the potential contribution the SABC could make has seemingly been overlooked. This emerges as there is no reference to a nomination from the public broadcaster.

SACP: the current proposal for the constitution of the Board serves to exclude key interests and stakeholders currently marginalized from the media and therefore is counter to the objectives of the MDDA.

04(2)

GB: should provide for a seat from Donor sector (as 1/3 of the budget is expected to come from donors). A nominee from this sector could advise the MDDA on acquiring such resources.

For practicality, this nominee would not have to be endorsed by the whole donor community.

GB: Need to spell out whether nominee merely a representative of a sector or a "delegate". It is nb that nominees act in the interests of the MDDA as a whole. Nominees should be accountable to the MDDA and not a particular sector.

Further, NCRF may not be representative of all broadcasters. Similarly Newspaper Publishers Association is not representative of the print media. It is this complexity therefore that requires Board members to be representative of a given sector rather than as delegates representing that sector. Should also be clarified in section 10.

04(3)(a)

?: "as far as possible" – should this be excluded?

04(3)(b)

GB: suggest adding research as another important field of Board expertise. Need skills in media research, media theory, media research methodology and media research scoping.

NCRF/FXI: the skills listed for Board members in that section are not sufficient for developing a truly diverse media environment. The following areas should be added:
Background in Human Rights or protection of the Constitution
Gender issues
Language diversity

04(4)(b)

M-Net: "other" should be deleted, so as to make it clear that a member is committed to upholding and protecting the Constitution and the laws of the Republic, including the MDDA Act.

Nomination appointment of Board

05

CE: Board appointed by a public process should be answerable to Parliament and be transparent and accountable to public in decision-making.

PC: How does the Committee talk to the President (as the Telecomms Bill has been amended)

05(1)

SACP: as currently formulated, the composition of the Board excludes labour, which means employed workers in the formal sector, community, which means essentially civil society, interests and organisations in the fields of human rights, women and gender, youth, development, children, disability rights, religious sector, unemployed people, civic movements, and, NGO’s in general.

05(1)(a)

NCRF/FXI: section should include the following sectors:
1 representative from commercial media
1 " from community media
1 " Public Broadcaster
1" from GCIS
1 " community sector
3 " general public

SACP: proposed the following composition:
a) a representative of the GCIS
b)" " of public broadcaster
c) " " of community media
d) " " of community
e) " " of labour
f) " " of commercial media
g) three nominees from the general public