PRESENTATION ON THE BROADCASTING ACT

• This presentation provides an overview of the broadcasting legislative and regulatory environment since the dawn of a new democratic dispensation in South Africa.
• The policy framework is informed by the country’s core Constitutional imperatives, key Government priorities enshrined in a number of Government programmes such as the Reconstruction and Development Programme and a Cabinet resolutions adopted in the past Decade of Democracy

BACKGROUND

• The South African broadcasting service also operates on a three tier system viz:

• Policy formulation – Government
• Regulation – ICASA
• Operators - broadcasters and signal distributors

• The South African broadcasting service also operates on a three tier system viz:

• Public
• Commercial , and
• Community broadcasting

• Broadcasting Monitoring Complaints Commission (BMCC),
• Broadcasting Complaints Commission of South Africa (BCCSA)
• Film and Publications Board,
• National Film and Video Foundation (NFV'F),
• Media Development and Diversity Agency (MDDA),
• PANSLAB,
• Provincial Film Commission
• Gender commission, etc.

• Other structures that operates within the broadcasting sector are:

• National Association of Broadcasting(NAB)
• National Community Radio Forum (NCRF),
• Christian Broadcasters Association(CBA)
• Independent Forum for Religious Broadcasters (IFRB)
• Content Producers such as the IPO, Caftep and others
• South African Communications Forum (SACF),
• Children's Broadcasting Foundation for Africa,
• Labour Organizations and many other relevant industry stakeholders

• Since the democratic dispensation. South Africa has produced the following policy, legislative and regulative and documents in the broadcasting sector:

• Independent Broadcasting Authority Act No 4 of 1993
• Triple Inquiry Report
• Department of Communications Rationalization Act No10 of 1998
• Former States Broadcasting Re-organization Act No 91 of 1996
• Broadcasting Act No 4 of 1999
• Broadcasting Amendment Act of 2002
• Broadcasting Regulations
• Sentech Act No 63 of 1996
• Sentech Amendment Act No 44 of 1999
• National Film Video Foundation Act No 73 of 1997
• Films and Publications Act No 34 of 1999
• Independent Communications Authority of South Africa Act No 13 of 2000
• Media Development & Diversity Agency Act No 14 of 2002
• Community Multimedia Services Policy
• Content and Language Development Strategy
• Convergence Bill

• The ten years hindsight into democracy and reconstruction and development of the country- indicates the following about the broadcasting policy environment:

• Need to balance technological developments with broader development goals and priorities
• Need to cater for diverse and changing needs of South Africans and non South Africans
• Need to reflect South Africa in its diversity
• Limited resources
• Having to balance the educational, entertainment and informational role of broadcasting
• Having to provide a regulatory framework that regulates without constraining;
• Providing a policy framework that allows for different players with different operational focus without putting too much pressure on any
• Providing a framework that allows all players within the broadcasting value chain to operate freely whilst adhering to the provisions of the Constitution and other policy guiding documents

BRODCASTING ACT NO 4 OF 1999- Purpose

• The purpose of formulating this Act is the following:

• To repeal the Broadcasting Act , 1976(No.73 of 1976), so as to establish a new broadcasting policy for the Republic;
• To amend certain provisions of the Independent Broadcasting Authority Act, 1993 (Act No . 153 of 1993);
• To clarify powers of the Minister with regard to policy formulation and the Authority ‘s powers with respect to the regulation and licensing of the broadcasting system

• To provide for classes of broadcasting activities in the public interest and for that purpose to:

Provide a Charter for the South African Broadcasting Corporation Ltd;

• Establish the frequency spectrum unit in the Department of Communications;
• Establish the South African Broadcasting Production Advisory Body;
• Establish a human resource capacity in policy development
• Provide for matters connected therewith.

The object of this Act is to establish and develop a broadcasting policy in the Republic, in the public interest and for that purpose to:

a contribute to democracy , development of society , gender equality, nation building, provision of education and strengthening the spiritual and moral fibre of society;

b safeguard, enrich and strengthen the cultural , political , social and economic fabric of South Africa;

c Encourage ownership and control of broadcasting services through participation by persons from historically disadvantaged groups;

d Ensure plurality of news, views and information and provide a wide range of entertainment and education programmes;

e Cater for a broad range of services and specifically for the programming needs in respect of children , women, the youth and the disabled

f Encourage the development of human resources and training , and capacity building within the broadcasting sector especially amongst historically disadvantaged groups;

g Encourage investment in the broadcasting sector;

h Ensure fair competition in the broadcasting sector

i Ensure efficient use of broadcasting frequency spectrum;

k Provide for a three tier system of public, commercial and community broadcasting services;’

j Provide a clear allocation of roles and assignment of tasks between policy formulation, regulations and service provision as well as articulation of long-term and intermediate-term goals

l Establish a strong and committed public broadcasting service which will service the needs of all South African society;

m Ensure that the commercial and community licenses viewed collectively , are controlled by persons or groups of persons from a diverse range of communities in South Africa;

n Ensure that broadcasting services are effectively controlled by South Africans;

o Integrate multi-channel distribution systems into the broadcasting framework

p Provide access to signal distribution services for content providers;

q Provide access to signal distribution services for broadcast content receivers;

r Encourage the development of local programming content.

• To amend the Broadcasting Act, 1999, so as to add certain definitions,
• To provide for the conversion of the old Corporation into a public company in terms of the Companies Act,
• To clarify the relationship between the policies governing public commercial services and the values of the public broadcasting service,
• To provide for the continued existence of the old Corporation during the transitional period;
• To provide for a procedure relating to authorization of all channels carried by the broadcasting services;
• To provide for the procedure relating to the granting of additional subscription television service licenses and to open subscription television services to full competition.
• To provide for the application and granting of television licenses;
• To provide for the imposition of penalties for failure to pay television license fees;
• To provide for the appointment of inspectors; and to provide for the making of regulations;
• To amend the Independent Broadcasting Authority Act, 1993, and the Independent Communications Authority of South Africa Act, 2000;
• To provide for matters connected therewith.

INDEPENDENT BROADCASTING AUTHORITY ACT 153, 1993

• To provide for the regulation of broadcasting activities in the public interest; for that purpose to establish a juristic person to be known as the Independent Broadcasting Authority which shall function wholly independently of State, governmental and party political influences and free from political or other bias or interference;
• To provide for the representation of that Authority by and its functioning through a Council, and to define the powers, functions and duties of that Authority;

• To provide for the devolution of powers relating to the administration, management, planning and use of the broadcasting services frequency bands to the said Authority; and to provide for incidental matters.

• The primary object of this Act are the following:
• To provide for the regulation of broadcasting activities in the Republic and in the public interest through the Independent Broadcasting Authority established by section 3 of the Broadcasting Act, and for that purpose to:

(a) Promote the provision of a diverse range of sound and television broadcasting services on a national, regional and local level which, when viewed collectively, cater for all language and cultural groups and provide entertainment, education and information;

(b) Promote the development of public, private and community broadcasting services which are responsive to the needs of the public;

(c) Ensure that broadcasting services, viewed collectively-

(i) develop and protect a national and regional identity, culture and character;

(ii) provide for regular(aa) news services;

(bb) actuality programmes on matters of public interest;

(cc) programmes on political issues of public interest: and

(dd) programmes on matters 0 international, national regional and local significance

(d) Protect the integrity and viability of public broadcasting services;

(e) Ensure the following in the provision of public broadcasting services:

(i) Needs of language, cultural and religious groups:

(ii) Needs of the constituent regions of the Republic and local communities; and

(iii) The need for educational programmes, are duly taken into account;

(f) Encourage ownership and control of broadcasting services by persons from historically disadvantaged groups;

(g) Encourage equal opportunity employment practices by all licensees;

(h) Ensure that broadcasting services are not controlled by foreign persons;
(i) Ensure that private and community broadcasting licenses, viewed collectively, are controlled by persons or groups of persons from a diverse range of communities in the Republic;

(j) Impose limitations on cross-media control of private broadcasting services;

(k) Promote the most efficient use of the broadcasting services frequency bands;

(I) Ensure that public broadcasting licensees, private broadcasting licensees and signal distribution licensees comply with internationally accepted technical standards;

(m) Ensure that broadcasting signal distribution facilities are made available in respect of all licensed broadcasting services;

(n) Refrain from undue interference in the commercial activities of licensees, whilst at the same time taking into account the broadcasting needs of the public;

(o) Ensure fair competition between broadcasting licensees;

(p) Promote and conduct research into broadcasting policy and technology;

(q) Encourage investment in the broadcasting industry;

(r) Promote the stability of the broadcasting industry

(s} Ensure equitable treatment of political parties by all broadcasting licensees during any election period;

(t) Ensure that broadcasting licensees adhere to a code of conduct acceptable to the Authority; and

(u) Encourage the provision of appropriate means for disposing of complaints in relation to broadcasting services and broadcasting signal distribution.

ICASA ACT, 2000 NO.13 - Purpose

• To provide for the establishment of the Independent Communications Authority of South Africa;

• To provide for the dissolution of the Independent Broadcasting Authority and the South African Telecommunications Regulatory Authority;

• To transfer the functions of the latter authorities to the Independent Communications Authority of South Africa;

• To amend the Independent Broadcasting Authority Act, 1993, the Telecommunications Act, 1996, and the Broadcasting Act, 1999; and

• To provide for matters connected therewith.

OBJECT OF THE ACT

• The object of this Act is to establish an independent Authority which is to:

(a) Regulate broadcasting in the public interest and to ensure fairness and a diversity of views broadly representing South African society, as required by section 192 of the Constitution;

(b) Regulate telecommunications in the public interest; and

(c) Achieve the objects contemplated in the underlying statutes.

CONVERGENCE BILL, 2004

• To promote convergence in the telecommunication and broadcasting signal distribution sectors;

• To make new provision for the regulation of communication services;

• To provide for granting of new licences and new social obligations;

• To provide for the control of the radio frequency spectrum; and

• For that purpose to clarify and augment the powers of the Independent Communications Authority of South Africa;

• To provide for matters incidental thereto.

THANK YOU