74
No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) The Complaints and Compliance Committee must adjudicate complaints
concerning alleged breaches of the Code by broadcasting service licensees who are not
members of the Advertising Standards Authority of South Africa, in accordance with
section 17C of the ICASA Act.
(3) Where a broadcasting licensee, irrespective of whether or not he or she is a
member of the said Advertising Standards Authority, is found to have breached the
Code, such broadcasting licensee must be dealt with in accordance with applicable
provisions of the ICASA Act.
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Prohibition on broadcasting of party election broadcasts and political advertise10
ments except in certain circumstances
56. A party election broadcast and a political advertisement must not be broadcast on
any broadcasting service except during an election period and then only if, and to the
extent authorised by the provisions of sections 57 and 58.
Broadcasting of party election broadcasts on public broadcasting services
57. (1) Subject to the provisions of this section, a public broadcasting service licensee
must permit a party election broadcast only during an election period and then only if
such a broadcast is produced on behalf of the political party in question at the instance
of its duly authorised representative.
(2) The Authority must determine the time to be made available to political parties for
the purposes of subsection (1), including the duration and scheduling of party election
broadcasts, taking into account the financial and programming implications for the
broadcasting services in question.
(3) The Authority must consult with the relevant public broadcasting service licensee
and all the political parties prior to making any determination in terms of subsection (2).
(4) In making any determination in terms of subsection (2), the Authority may impose
such conditions on a public broadcasting service licensee with respect to party election
broadcasts as it considers necessary, having due regard to the fundamental principle that
all political parties are to be treated equitably.
(5) A party election broadcast may not contain any material which may reasonably be
anticipated to expose the broadcasting service licensee to legal liability if such material
were to be broadcast.
(6) A party election broadcast must conform to a technical quality acceptable to the
Authority.
(7) No party election broadcast may be broadcast later than 48 hours prior to the
commencement of the polling period.
(8) A commercial or community broadcasting service licensee is not required to
broadcast party election broadcasts, but if he or she elects to do so, the preceding
provisions of this section applies, with the necessary changes.
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Political advertising on broadcasting services
58. (1) A broadcasting service licensee is not required to broadcast a political
advertisement, but if he or she elects to do so, he or she must afford all other political
parties, should they so request, a like opportunity.
(2) A broadcasting service licensee may broadcast a political advertisement only
during an election period and then only if it has been submitted to such licensee on
behalf of a political party by its duly authorised representative.
(3) In making advertising time available to political parties, no broadcasting service
licensee may discriminate against any political party or make or give any preference to
any political party or subject any political party to any prejudice.
(4) A political advertisement may not contain any material which may reasonably be
anticipated to expose the broadcasting service licensee to legal liability if such material
were to be broadcast.
(5) A political advertisement must conform to a technical quality acceptable to the
Authority.
(6) No political advertisement may be broadcast later than 48 hours prior to the
commencement of the polling period.
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