STAATSKOERANT, 24 JANUARIE 2014
No. 37261
what to watch or listen to through advisories. Content delivered over other platforms is
currently regulated via a range of different bodies in line with the Film and Publications Act.
Convergence raises a number of new issues in relation to ensuring audience expectations
regarding classification of audio-visual content and protection of children.
Given the volume of content that will be available over different platforms and channels,
many countries around the world are considering ways to strengthen self-regulatory and coregulatory arrangements. There is also an increased focus on media literacy to equip
audiences and parents with information on tools available to protect in particular children
from accessing harmful content.
Inconsistent treatment of content can be confusing for those accessing the services and for
those that provide services. It can also raise competition and parity issues, where, for
example, some content providers are forced to fund the costs associated with regulation
while competitors might not have similar costs.
8.14 Signal distribution
The 1998 White Paper sets out specific objectives for broadcasting signal distribution. While
there are specific requirements
in legislation for broadcasting transmission services,
broadcasting signal distributors are also governed by electronic communications facilities
provisions set out in sections 43-47 of the EC Act. These sections state that EONS licensees
must, on request, lease facilities to other licensees "unless such request is unreasonable".
Leasing agreements must be "non-discriminatory...and not be of a lower technical standard
and quality than the technical standard and quality provided by such (EONS) licensee to
itself or to an affiliate".
ICASA initiated a competition inquiry into the broadcasting signal distribution market in 2010
and has stated that it will further be looking into tariff regulation of Sentech. Broadcasting
services are allowed to self-provide signal distribution on obtaining an EONS licence. Many
community radio stations have opted to self-provide their signals on this basis.
8.15 Intellectual Property
The broadcasting sector is a major developer of content and South African intellectual
property (IP) rights and law apply. Content generation is set to expand in the future with the
migration to digital and with increased data storage and distribution across the Internet. In
fact, content and intellectual property related to that content is and will be a continued source
of income generation in the future. The sector needs to encourage this development and
grow and support content generation and the expansion of this industry. However, the
challenges related to enforcement of intellectual property (IP) rights and copyright will
increase, especially as property pirating and infringement becomes more sophisticated
globally.
Control of IP should not restrict access to and sharing of content and as such policies should
balance the need for content creators to realise the value of their work while not unfairly
limiting access to content.
There is further a need to consider whether or not the framework in place for rights
clearance is sufficiently simple to ensure audiences have easy access to broadcasters'
online services or distribution of content on different platforms. Increasing the amount of
content easily available legally undoubtedly assists in combating piracy.
While legislation relating to IP falls under the Department of Trade & Industry (DTI), the
issue of copyright in relation to the broadcasting sector is important to any overarching policy
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