STAATSKOERANT, 24 JANUARIE 2014
No. 37261
3.2 Broadcasting services sector
3.2.1 Legislative and policy environment
The transformation of broadcasting in South Africa from the state controlled apartheid
system to an independently regulated sector underpinned by the constitutional imperative of
freedom of expression began even before the 1994 democratic elections, with the
promulgation of the Independent Broadcasting Act and the appointment of a publicly
nominated board of the South African Broadcasting Corporation (SABC) in 1993.
The Independent Broadcasting Authority (IBA) was appointed in 1994 and initiated, in line
with its founding legislation, the Triple Inquiry into the Protection and Viability of the Public
Broadcaster, Cross Media Control, and Local Content. This inquiry provided the basis for the
initial re-regulation of the broadcasting sector and licensing of new community and private
services. The 1998 White Paper on Broadcasting focused on extending the initial reforms
through the development of a national policy and clearly defining the roles and
responsibilities of parliament, the executive, the independent regulator and the broadcasting
sector. The principles and approaches outlined in the White Paper are crystallised in the
Broadcasting Act, no 4 of 1999, the Independent Communications Authority of South Africa
Act, no 13 of 2000 and the Electronic Communications Act, no 36 of 2005.
The policy framework and related legislation emphasises the central importance of the
constitution in developing the regulatory approach to the sector.
"The South African constitution guarantees a number of fundamental rights, which should be
taken into account in determining broadcasting policy and its regulation. Amongst these are:
Freedom of expression for all South Africans
The right to equality
The equality of all languages
The multi-cultural nature of SA and the right of all South Africans to the promotion of
their cultures
Choice and diversity"
Within this context, the 1998 broadcasting policy framework identifies key public interest
values such as universal access, diversity, equality and independence and it outlines how
broadcasting services are collectively responsible for meeting these.
The policy and laws set out, among other things:
Specific provisions to ensure fair competition between services. The EC Act in
particular emphasises the role of the regulator in relation to that of competition
authorities and set out processes to be followed by ICASA in determining ex-ante
provisions.
Clarity on the role of the SABC as the public broadcaster, the introduction of a
Charter for Public Broadcasting and provisions for funding the public mandate via
licence fees, cross-subsidisation of public services by a public commercial wing and
government funding.
Rules on ownership and control of broadcasting services to limit media concentration
and promote diversity and broad-based black economic empowerment.
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