Unfortunately, the Bill and the scheduled hearings only came to the attention of the Authority on 13 November 2003 and consequently we have not been able to prepare detailed submissions on the proposed amendments set out in the Bill.

The Authority believes that it is important that several important factors are 'taken into account when the Committee deliberates on the Bill:

1. The Authority is the constitutionally recognised body for the regulation of broadcasting in South Africa. section 192 of the constitution provides that:

"National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society".

2. Accordingly3 and after a extensive public consultation process the authority, has developed a Code of Conduct for Broadcasting Services which has been gazetted as a Regulation.

3. In terms of the Independent Broadcasting Authority Act (Act No.153 of 1993) ("the IBA Act") the Authority has the power to exempt broadcasters from the statutory code if such broadcasters subscribe to an acceptable code of conduct with acceptable enforcement mechanisms.

4. The provisions of section 56 of the IBA Act are reproduced here for your ease of reference:

(1) Subject to the provisions of subsection (2), all broadcasting licensees shall adhere to the Code of Conduct for Broadcasting Services as prescribed

[Sub-s. (1) substituted by s.30 of Act 64 of 2002.]

(2) The provisions of subsection (1) shall not apply to any broadcasting licensee if he or she is a member of a body which has proved to the satisfaction of the Authority that its members subscribe and adhere to a code of conduct enforced by that body by means of its own disciplinary mechanisms, and provided such code of conduct and disciplinary mechanisms are acceptable to the Authority.

5. The National Association of Broadcasters (NAB) has such a code and a disciplinary mechanism in the form of the Broadcasting Complaints Commission of South Africa.

6. In this context, the Authority is concerned that the proposed sections 7(c) and 29(1) of the Bill, insofar as they refer to broadcasting1 may erode the Authority3s constitutionally protected role with regard to the regulation of broadcasting content. Accordingly, the Authority respectfully requests that references to broadcasting in these two sections are removed in order to avoid confusion and an overlapping of functions between two statutory bodies.

Should the Committee request for further information from the Authority on these issues, please do not hesitate to contact my office.

Yours sincerely