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No. 37261
GOVERNMENT GAZETTE, 24 JANUARY 2014
Policies that focus on these issues are aimed at ensuring prominence of public interest
content across all platforms. They include, for example, obligations requiring subscription
broadcasters to carry public broadcasting content services, rules on positioning of public
interest broadcasters on any electronic programme guides (EPGs) and rules to ensure that
key sporting events are aired free to air.
What are called "must carry" rules requiring, for example, subscription broadcasters to retransmit public broadcasting services, are prevalent in a number of countries and are aimed
at ensuring that audiences have easy access to public interest content. They are intended to
ensure that audiences do not have to switch platforms to access such content. Rules have
also been set in some countries to ensure that public broadcasting or free-to-air channels
are featured prominently on any electronic programming guides (sometimes referred to
as" must-be-found" requirements) - and are thus easy for audiences to find.
The Electronic Communications Act states that ICASA must develop regulations to ensure
that subscription broadcasters must carry "subject to commercially negotiable terms, the
television programmes provided by a public broadcast service licensee". The regulator
finalised "must carry" rules for the analogue environment in 2008. There is a need to reflect
on whether or not the legislative requirements on "must carry" have had the intended effects
in South Africa and have achieved the underlying objectives of these requirements. In
developing a new policy framework it is also important to consider whether or not such
provisions will remain relevant in a new converged environment.
The 1998 White Paper and related legislation have also put in place mechanisms to ensure
that national sporting events are aired free to air and not only over subscription services.
The policy framework highlights that a list of national sporting events should be developed in
consultation with the Minister of Sport and the law states that pay-tv broadcasters may not
acquire exclusive rights that stop the free-to-air broadcasting of such national events. ICASA
has developed regulations to implement these provisions.
In some countries such stipulations also extend to other types of programming - for example
to major cultural events in Australia. Laws and policies need to balance the need to ensure
key events are aired free to air, while recognising that rights to, for example, certain sporting
events, are critical to the viability of the subscription broadcasting model.
8.13 Content standards and protection of children
There is currently a co-regulatory approach to the development and enforcement of South
African broadcasting content standards. The EC Act requires ICASA to develop a Code of
Conduct for broadcasters and stipulates that all broadcast licensees must adhere to this
unless they are "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". Such a
self-regulatory code and the mechanisms to enforce compliance to it have to be approved by
ICASA in terms of the law. Section 55 stipulates that advertising falls under the Code
determined by the Advertising Standards Authority of South Africa.
Complaints regarding alleged breaches about the ICASA Code are adjudicated by its
Complaints and Compliance Committee (CCC) - which is also responsible for deciding on
complaints about breaches of licence conditions. Broadcasters have established their own
self-regulatory body in line with the above provisions of the Act.
The Codes developed by both ICASA and the Broadcasting Complaints Commision of South
Africa (BCCSA) are very similar. Both focus on protection of children and providing viewers
and listeners with sufficient information about programme content to make decisions about
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