68
No. 37261
GOVERNMENT GAZETTE, 24 JANUARY 2014
Programming on all broadcasting services should be "predominantly South African"
and the regulator should monitor compliance.
Local independent production industries must have sufficient resources to be able to
provide content competitive with the international products available.
ICASA has in line with this developed regulations setting out minimum requirements for each
sector (public, community and FTA and subscription commercial broadcasters). It has
indicated that it is currently reviewing requirements. They must not only meet local content
obligations but also make all efforts to ensure that South African content is of a quality that
will draw listeners and viewers.
At least 40% of the South African content must be commissioned from independent
producers. ICASA has stated that broadcasters generally comply with the provisions, though
it should be noted that some stakeholders have raised questions about whether or not its
monitoring of broadcasters is effective at ensuring compliance. However, it is evident that
audience demand for South African drama and other content has resulted in broadcasters
focusing on these genres in order to attract viewers and/or subscribers. This has resulted in
services such as DSTV recently increasing the number of local channels available exceeding the requirements set for them.
The requirements for terrestrial television were developed mostly for analogue services and
the approach will need to be reviewed given the multi-channel environment.
A range of other government initiatives have also focused on promoting the film and
television production industries. According to research published by both DTI and the
National Film and Video Foundation (NFVF), the film and television production industries
have contributed to economic growth in the country. The Department of Trade and Industry
(DTI) in its latest Industrial Policy Action Plan (IPAP) 2013-2016 strategic plan states that the
film industry contributed R8bn to the economy between 2008 and 2012. This is a total and
includes international movies made in South Africa and local productions. It states that the
television industry in particular has performed strongly since 2008/2009 - growing by 13,4%
from R20,326bn to R23,051bn.
A 2013 study by the NFVF states that the film and television industries together have
created over 25 000 full-time equivalent jobs and contributed over R650 million to the fiscus.
It should be noted though that the independent production industry was particularly hard hit
by the 2009 SABC financial crisis and a number of television focused companies closed
down as a result of this as they were predominantly reliant on the public broadcaster.
8.11.1 Radio
In terms of radio, the regulations state that public and community radio stations must air at
least 40% South African music and commercial radio stations at least 25%. As noted in other
sections, many commercial broadcasters actual licence conditions exceed these minimum
requirements as they are bound to promises of performance made during a competitive
licence bid.
A 2011 report from the Copyright Review Commission appointed by the Minister of Trade
and Industry made a number of recommendations on issues relating to the music industry,
including suggestions on the regulatory framework for radio broadcasters. Among other
things the Commission recommended that:
Definitions for South African music in the EC Act be amended;
The regulatory quotas for music content be increased;
Music quotas should be extended to television services as well.
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