Act No. 4, 1999
BROADCASTING ACT, 1999
CHAPTER I
FUNDAMENTAL PRINCIPLES AND INTERPRETATION
This Chapter sets out the fundamental principles and objects of this Act. Freedom of
expression and the journalistic, creative and programming independence of the
broadcasters and independence of regulation are identified as guaranteed by the
Constitution. These principles recognise that the South African broadcasting system
comprises public, commercial and community elements which make use of the radio
frequencies that are public property and provides, through its programming, a public
service necessary for the maintenance of South African identity, universal access,
equality, unity and diversity.
This Chapter also contains definitions explaining the meaning of certain words for the
purpose of the Act and provisions regarding the interpretation of the Act.
Definitions and interpretation
1.
(1) In this Act, unless the context otherwise indicates, radio, sound
broadcasting service and television set have the meaning assigned thereto in the
Electronic Communications Act, and –
“Advisory Body” means the South African Broadcast Production Advisory
Body established in terms of section 38 of this Act;
“appointing body” means the body charged with the appointment of members
of the Board in terms of section 13 of this Act;
“authorised inspector” means an authorised inspector appointed by the
Corporation in terms of section 27(6) of this Act;
[Definition of “authorised inspector” inserted by Section 2(a) of Act No. 64 of 2002]
“Authority” means the Independent Communications Authority of South
Africa established by section 3 of the Independent Communications Authority
of South Africa Act, 2000;
[Definition of “Authority” substituted by Section 23 of Act No. 13 of 2000]
“Board” means the Corporation;
[Definition of “Board” substituted by Section 2(b) of Act No. 64 of 2002]
“broadcaster” means any legal or natural person who composes or packages
television or radio programme services for reception by the public or sections
of the public or subscribers to such a service irrespective of technology used;
[Definition of “broadcaster” substituted by Section 2(c) of Act No. 64 of 2002]
“broadcasting” means any form of unidirectional electronic communications
intended for the public, sections of the public or subscribers to any broadcasting
service having appropriate receiving facilities, whether carried by means of
radio frequency spectrum or any other electronic communications network or
any combination of the aforementioned, and “broadcast” is construed
accordingly;
[Definition of “broadcasting” amended by Section 97 of Act No. 36 of 2005]