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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
involved in the production of the television programme, are citizens of,
and permanently resident in, the Republic; or
(vi) by persons referred to in subparagraphs (i), (ii), (iii) or (iv), in
circumstances where the prescribed percentage of the production costs
are incurred in the Republic;
(b) ‘‘independent television production’’ means a production of local television
content—
(i) by a person not directly or indirectly employed by any broadcasting
service licensee; or
(ii) by a person who is not controlled by or is not in control of any
broadcasting service licensee; and
(c) a musical work broadcast by a broadcasting service licensee qualifies as
‘‘South African music’’ if such work complies with at least two of the
following criteria, namely—
(i) if the lyrics (if any) were written by a South African citizen;
(ii) if the music was written by a South African citizen;
(iii) if the music or lyrics was or were principally performed by musicians
who are South African citizens;
(iv) if the musical work consists of a live performance which is—
(aa) recorded wholly in the Republic; or
(bb) performed wholly in the Republic and broadcast live in the
Republic.
(3) The Authority may, in respect of the television broadcasting service licence,
impose and specify in that licence, such conditions, as prescribed, regarding local
television content and independent television production, which without derogating
from the generality of the foregoing, may include any conditions requiring the
broadcasting service licensee—
(a) to annually expend a specified sum of money, subject to reasonable yearly
escalation or, alternatively, a specified minimum percentage of its gross
revenue, on programmes which have local television content;
(b) to allocate a specified minimum percentage of its total broadcasting time to
television programmes which have local television content;
(c) in the case where the broadcasting service licensee has a regional or local
licence area, to allocate a specified minimum percentage of broadcasting time
to local television programmes which have been produced in the relevant
region or locality; and
(d) to allocate a specified minimum portion of the percentage referred to in
paragraph (a), (b) or (c), whichever is applicable, to a prescribed diversity of
television programmes which are independent television productions.
(4) The Authority may, in relation to a sound broadcasting service, prescribe
conditions in terms of which the broadcasting service licensee is required to broadcast a
specified minimum percentage of musical works which qualify as South African music.
(5) In prescribing any amount or percentage in terms of subsections (3) or (4), the
Authority may prescribe the application thereof with regard to—
(a) any of the categories of broadcasting service licence referred to in sections 49,
50 and 51;
(b) defined viewing and listening times, where applicable;
(c) various categories of television programmes, where applicable; and
(d) the period within which the broadcasting service licensee must comply with
the provisions of this section.
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Broadcasting signal distribution objectives
62. (1) Where an electronic communications network service licensee provides
broadcasting signal distribution or multi-channel distribution services, such provider
must, subject to the general terms and conditions of its licence as determined by the
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Authority—
(a) give priority to the carriage of South African broadcasting channels, which
includes local programming where the Authority considers it appropriate;
(b) provide universal access for all South Africans to broadcasting services;
(c) provide a diversity of type of broadcasting services;
(d) be open, interoperable and harmonised with the Southern African region, and 60
be able to meet international distribution standards.