Report of the Constitutional Review Committee on Public Submission, dated 9 June 2006:

During the 2005 Constitutional review period, the Constitutional Review Committee received a submission concerning the convergence of the electronic media and its relevance to section 192 of the Constitution.

Section 192 of the Constitution states that 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. In pursuance of this instruction, the Independent Broadcasting Authority was established.

Due to technological developments, the differentiation within the electronic media has not only become blurred, but has in practice disappeared. This fact has been recognized and consequently, the Electronic Communication Act (36 of 2005) and the ICASA Bill (B32F of 2005) were introduced and approved by Parliament.

In its report to Parliament, the Committee acknowledged that the issue of electronic convergence and the implication thereof on the Constitution, was deserving and needed further investigation (ATC Report, 1 November 2005, pg 2418).

Having received submissions from both academics and the Department of Communication, the Committee recommends that:

1. Section 192 of the Constitution (Act 108 of 1996) be amended.

2. Possible consequential amendments be made to Section 181(1), Section 193(1), Section 193(4), Sections 194(1) and 194(2)(b)

3. The Department of Justice and Constitutional Development be requested to introduce the relevant Constitutional amendments.

Report to be considered.