PRESENTATION

1. PRESENTATION PARLIAMENTARY INDABA: TRANSFORMATION OF THE MEDIA AND MEDIA ACCOUNTABILITY MECHANISMS COUNCILLOR MIKI N. NDHLOVU 21/09/2011

2. Table of Contents • Evolution of Broadcasting Post 1994 • Broadcasting Legislation • Objects of the Acts • Three tier Broadcasting Framework • Regulation of South African Content • Regulation of Elections • Handling of Complaints • Milestones and Projects • Questions and Answers

3. EVOLUTION OF BROADCASTING POST 1994 • Establishment of the Independent Broadcasting Authority • The Triple Inquiry Report • Establishment of the Independent Board of the SABC • Emergence and licensing of the Community Radio sector • Privatisation of six SABC Radio Services • Licensing of Additional eight Commercial Radio Services • Licensing of first Free to Air Commercial Television

4. BROADCASTING LEGISLATION • ENABLING LEGISLATION • Electronic Communications Act 36 of 2005, as amended; • The Broadcasting Act 4 of 1999, as amended; • The ICASA Act 13 of 2000, as amended; • The Constitution of RSA – Section 192. • OTHER RELEVANT LEGISLATION • Promotion of Administrative Justice Act 1 of 2000 • Promotion of Access to information Act of 2000 • Public Finance Management Act 1 of 1999

5. OBJECTS OF THE ACTS • The Electronic Communications Act No. 36 of 2005 provides the statutory framework for the accountability of broadcasting service licensees. • Promote and facilitate convergence of Broadcasting, Telecoms and Information technologies; • Promote competition in the Broadcasting sector; • Promote development of public, commercial and community broadcasting services (which are responsive to the needs of the public; • Ensure broadcasting services are provided by persons from a diverse range of communities in the Republic of South Africa; • Protect integrity and viability of public broadcasting services;

6. OBJECTS OF THE ACTS • Ensure broadcasting services are effectively controlled by South Africans; • Provide access to broadcasting signal distribution; • Ensure that in provision of public broadcasting services, the need/s of language, culture, religion, local communities, educational programmes are taken into account; • Ensure that broadcasting services promote the provision and development of a diverse range of sound and television broadcasting services on a national, regional and local level;

7. OBJECTS OF THE ACTS • Ensure that broadcasting services provide for regular news services, actuality programmes and programmes on political issues and matters of international, national, regional and local significance; and • Ensue that broadcasting services cater for a broad range of services and specifically for the programming needs of children, women, the youth and the disabled.

8. Code of Conduct for Broadcasters • 2003 - Review of Code of Conduct conducted as per requirements of the (IBA), which was repealed in its entirety by the ECA • 2005- Code of Conduct for Broadcasters amended to include Freedom of Expression with the purpose of aligning the regulations to the Constitution of South Africa. • 2008 – Review of the Code of Conduct as mandated By Section 54 of the ECA

9. Code of Conduct for Broadcasters • Section 54 of the Act provides for a Code of Conduct for broadcasting service licensees and for a self regulatory disciplinary mechanism. • 1. The Authority must, as soon as reasonably possible after the coming into effect of this Act and subject to this Act, review existing regulations, and prescribe regulations setting out a code of conduct for broadcasting service licensees. • (2) Subject to the provisions of subsection (3), all broadcasting service licensees must adhere to the code of conduct for broadcasting service licensees as prescribed. • (3) The provisions of subsection (2) do not apply to a broadcasting service licensee who 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, provided such code of conduct and disciplinary mechanisms are acceptable to the Authority.

10. BROADCASTERS ADHERING TO THE CODE Television • SABC 1, 2 and 3; • Free-to-air (e.tv). • Subscription (Multichoice, ODM, WOW, E-Sat and Super 5 Media). Sound • 18 licensed public radio stations. • 13 licensed commercial radio stations. • Subscription broadcasters recently licensed; thus have to be integrated into the Code of Conduct • BCCSA was afforded the opportunity to review its Code the newly licensees

11. HANDLING OF COMPLAINTS Receive and investigate broadcasting complaints from: • The public; • Licensing and Compliance Division; and • Other Licensees. Complaints investigated relate to contravention of: • Licence Terms and Conditions; • Code of Conduct for broadcasters; • Code of Advertising Practice; and • Relevant Legislations and Regulations

12. HANDLING OF COMPLAINTS • In the event that the broadcaster’s response is unsatisfactory, or in the case of a dispute, the Authority refers the matter to: • Compliance and Complaints Committee (CCC) • Or • Broadcasting Complaints Commission of SA or Advertising Standards Authority • The BCCSA was established in 1993 by NAB with the responsibility of enforcing its established and Authority approved Code of Conduct to be adhered to by all its members

13. ICASA’S VIEWS • ICASA is following the debates on the media tribunal and transformation of the media and media accountability mechanisms • The reason for regulation is that left to their own devices, media companies themselves will not change their ways, unless it returns a profit. Consumer pressure can bring about change • ICASA is of the view that the current accountability and disciplinary mechanisms for broadcasting service licensees are working well. • ICASA continues to recognise and engage the NAB’s BCCSA on various industry self-regulatory issues, as guided by the ECA body. • ICASA is currently finalising an Issues Paper, where, amongst other things, its going to engage in the public and indutsry on a regulatory review process to assess the effectiveness and efficiency of the co/self-regulatory mechanism within broadcasting sector,

14. THANK YOU