REGULATIONS RELATING TO PARTY ELECTION BROADCASTS, POLITICAL ADVERTISEMENTS, THE EQUITABLE TREATMENT OF POLITICAL PARTIES BY BROADCASTERS LICENSEES AND RELATED MATTERS IN RESPECT OF THE 2000 LOCAL GOVERNMENT ELECTIONS

The Independent Communications Authority of South Africa (ICASA) has, under Section 78(1) of the Independent Broadcasting Act, 1993 (Act No. 153 of 1993), made the regulations in the schedule.

In these regulations, any word or expression to which a meaning has been assigned in the Act shall bear such meaning and, unless the context indicates otherwise:

1.1 "Act" means the Independent Broadcasting Authority Act, No. 153 of 1993;

1.2 "advertisement' means a political advertisement as defined in the Act; the Act;

1.3 "Authority" means the Independent Communications Authority of South Africa established by Section 3 of the Independent Communications Authority of South Africa Act of 2000;

1.4 "BMCC" means the Broadcasting Monitoring & Complaints Committee referred to in section 17 of the ICASA Act;

1.5 "broadcaster" means a person who provides a broadcasting service under and in accordance with a broadcasting license issued to it by the Authority under Chapter VI of the Act, provided that:

1.5.1  in respect of advertisements and election broadcasts, the word "broadcaster" shall not include any person who so provides a television broadcasting service, and

1.5.2 in the case of any broadcaster who is licensed to provide more that one broadcasting service, the word "broadcaster" shall refer to each such broadcasting service;

1.6 "Commission" means the Independent Electoral Commission established by section 3 of the Electoral Commission Act;

1.7 "Constitution" means the Constitution of the Republic of South Africa, Act No. 108 of 1996;

1.8 "election broadcast" means a party election broadcast as defined in the Act;

1.9 "election broadcast period" means the period within which party election broadcasts may be transmitted; such period may not begin prior to the closing of the submission of the lists of candidates, as referred to in section 27 of the Electoral Act, and may not extend beyond 48 hours of the polling day;

1.10 "elections period" means the period as defined in Section 1 of the Act;

1.11 "Electoral Act" means the Electoral Act, No. 73 of 1998;

1.12 "Electoral Code" means the Electoral Code of Conduct set out in Schedule 2 of the Electoral Act;

1.13 "Electoral Commission Act" means the Electoral Commission Act, No 51 of 1996;

1.14 "news or current affairs programme" means a programme transmitted by a broadcaster in which it reports on news events or which focuses on, or includes comment on, or interpretation or analysis of, issues of social, political or economic relevance or matters of international, national, regional or local significance;

1.15 "party" means a political party registered in terms of section 15 of the Electoral Commission Act, or any alliance of such registered political parties, that has nominated candidates and submitted a list or lists of those candidates in accordance with section 27 of the Electoral Act, and includes any organisation that, group of people which, or person who, acts in support of such a registered political party;

1.16 "polling day" means the day proclaimed by the President in terms of section 49(2) of the Constitution, as read with section 17 of the Electoral Act, as being the day on which voting for local government will take place;

1.17 "prime time" means the periods set out in Annexure "A";

1.18 `SABC" means the South African Broadcasting Corporation;

2. Interpretation

Every person interpreting or applying these Regulations shall do so in a manner that is consistent with, gives effect to and takes into account the provisions of the Constitution, the Act and the Electoral Code.

3. General provision in respect of advertisements and election broadcasts

3.1 Any party that wishes to have an advertisement or an election broadcast transmitted by a broadcaster shall submit that advertisement or election broadcast to the broadcaster concerned:

3.1.1 in a form and manner that complies with that broadcaster's language requirements and technical standards acceptable to that broadcaster;

3.1.2 in completed form, ready for broadcast; and

3.1.3 at least 96 hours before the time when that advertisement or election broadcast is to be transmitted.

Only the SABC radio services are required to transmit election broadcasts.

3.3 Every broadcaster that is required, or intends, to transmit advertisements or election broadcasts shall, by no later than the date of publication hereof, notify the Authority in writing of its technical standards and language requirements as contemplated in Regulation 3.1.1. If the Authority is of the view that a broadcaster's technical standards are unreasonable, the Authority shall notify that broadcaster to amend its technical standards.

3.4 Every advertisement or election broadcast submitted by a party to a broadcaster for transmission shall be prepared by, or at the instance and request of, that party.

3.5 No broadcaster to whom an advertisement or election broadcast has been submitted by a party for transmission shall in any way edit or alter that advertisement or election broadcast, whether before or after transmission.

3.6 Every broadcaster to whom an advertisement or election broadcast has been submitted by a party shall be entitled to reject and refuse to transmit that advertisement or election broadcast if it does not comply with the broadcaster's reasonable technical standards, with these Regulations, the Act or with the Election Code.

3.7 Any broadcaster who rejects any advertisement or election broadcast submitted to it by a party for transmission shall, within 24 hours of such submission:

3.7.1 furnish the party that submitted the advertisement or election broadcast concerned to that broadcaster with written reasons for such rejection, and that party shall be entitled to alter or edit the advertisement or election broadcast and again submit it to the broadcaster concerned at least 24 hours before the time when it is to be transmitted;

3.7.2 in the event of the broadcaster rejecting an altered or edited advertisement or election broadcast in terms of Regulation 3.7.1, notify the Authority of such rejection by furnishing the Authority with a copy of the written reasons given for that rejection.

3.7.3 any party whose election broadcast has been rejected by a broadcaster under this regulation may refer the matter to the Authority in terms of Regulation 6.

3.8 A party that submits an advertisement or election broadcast to a broadcaster for transmission shall ensure that the advertisement or election broadcast does not:

3.8.1 contravene the provisions of item 9 of the Electoral Code; or

3.8.2 contain any material that is calculated, or that in the ordinary course of things is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act.

3.9 Neither any party that submits an advertisement or an election broadcast to a broadcaster for transmission, nor any member or official of any such party, shall have any claim against that broadcaster arising form the transmission by it of that advertisement or election broadcast.

3.10 Every party that submits an advertisement or an election broadcast to a broadcaster for transmission shall be deemed to have indemnified that broadcaster against any cost, damage or loss incurred or sustained by that broadcaster as a result of any claim which a third party may bring against it arising from the transmission of that advertisement or election broadcast by that broadcaster.

3.11 Neither any party, nor any member or official of any party, shall have any claim against a broadcaster arising from the transmission by that broadcaster of any advertisement or election broadcast.

3.12 No advertisements or election broadcasts may be transmitted after the end of the election broadcast period (48 hours prior to the polling date).

4.1 Election broadcasts may only be transmitted during the election broadcast period.

4.2 Every broadcaster who transmits election broadcasts shall:

4.2.1 make available, on every day throughout the election broadcast period four time-slots of one minute each for the transmission of election broadcasts, provided that the Authority shall be entitled to prescribe by regulation an increased number of daily time-slots for the transmission of election broadcasts;

4.2.2 do so in accordance with the sequence and timing as submitted by the SABC and approved by the Authority in terms of Regulation 5;

4.2.3 ensure that all broadcasts transmitted by it are clearly identified as election broadcasts;

4.2.4 ensure that all election broadcasts transmitted by it are identified or announced in a similar manner both at their introduction and at their conclusion.

4.3 No single broadcast transmitted by a broadcaster shall exceed one minute in duration.

4.4 No broadcaster may transmit an election broadcast immediately before or after another election broadcast or immediately before or after a political advertisement.

4.5 No party shall be obliged to used the airtime allocated to it in terms of Regulation 5 for the transmission of election broadcasts, provided that:

4.5.1 any air-time allocated to but not used by a party shall be forfeited;

4.5.2 if any party does not wish to use any air-time allocated to it, such air-time shall not be allocated to another party but shall be used by the broadcaster concerned for the purposed of transmitting conventional programming or material;

4.5.3 if any party does not wish to use any air-time allocated to it, the broadcaster concerned shall not, during the relevant time-slot, transmit any advertisement or election broadcast previously transmitted on behalf of that party, or in any way vary the sequence or scheduling of election broadcast transmissions determined in accordance with these Regulations.

4.5.4 Neither any broadcaster nor any party shall permit or engage in any interference with, or trading in, the sequence or scheduling of election broadcast transmissions determined in accordance with these Regulations.

5. Allocation of air-time in respect of election broadcasts

5.1 Each party contesting the local government elections shall be allocated an equal number of PEBs on all broadcasting services received in the region which the political party is contesting the elections.

5.2 PEB time allocated and the sequence of PEBs for parties contesting the elections as an alliance shall be done in terms of the alliance and not for the individual parties forming part of such an alliance;

5.3 Following the close of submissions on the Guidelines and Regulation for coverage of the 2000 Local Government Elections the Authority shall require;

5.3.1 the SABC to determine the sequence in which election broadcasts are to be transmitted for the entire election broadcast period;

5.3.2 the SABC shall determine this by way of drawing lots;

5.3.3 one lot shall be drawn per broadcaster to determine which party will have its PEB broadcast first on that broadcaster, the remainder of parties will follow in alphabetical order;

5.3.4 this process must be repeated for each broadcaster;

5.3.5 this process shall be open to all parties and ICASA observers to attend;

the SABC shall submit the sequence, as determined by the process stipulated in Regulation 5.3.3 above, to the Authority for approval by no later than 3 November 2000.

6 Mediation

6.1 In the event of a broadcaster rejecting or refusing to transmit any advertisement or election broadcast submitted to it by a party for transmission, the party may:

6.1.1 refer the matter to the Authority in writing to resolve a matter in terms of Regulation 6.1.1 it shall attempt to resolve the matter in any manner it may consider appropriate;

6.1.2 in the event of the Authority being unable to resolve a matter in terms of Regulation 6.1.1 it shall refer the matter to the BMCC and the BMCC shall deal with the matter in accordance with any procedure which the BMCC may consider appropriate.

6.2 In the event of any dispute arising between any party and any broadcaster, in respect of any of any matter governed by the Regulations, or in the event of any person being aggrieved by any act performed by any person in terms of these Regulations, or in the event of any dispute arising regarding the interpretation or application of these Regulations, any person who has a material interest in the matter shall be entitled to refer the matter to the Authority within 24 hours of the dispute or grievance arising.

6.2.1 the Authority shall attempt to resolve the dispute or grievance in any manner it may consider appropriate;

6.2.2 in the event of the Authority being unable to resolve a matter in terms of Regulation 6.2.1 it shall refer the matter to the BMCC and the BMCC shall deal with the matter in accordance with any procedure which the BMCC may consider appropriate.

No person may seek relief in a court of law in respect of any rejection, dispute or grievance arising from the interpretation or application of these regulations unless the applicable procedures set out in these Regulations have been exhausted

7 General

7.1 Every broadcaster and every party shall:

7.1.1 nominate a person who shall be the representative of that broadcaster or party in respect of all matters regulated by, or arising from, these Regulations;

7.1.2 by no later than 3 November 2000 notify the Authority in writing of the name, physical and postal address, telephone number and, where available, cellular phone number and e-mail address of that person.

7.2 The chief executive officer, news and current affairs director, head of sales and marketing and programme manager (or the persons occupying similar positions or responsible for performing the functions normally performed by persons occupying those positions) of every broadcaster shall take reasonable steps to ensure compliance by that broadcaster with these Regulations to the extent that they may be applicable to that broadcaster.

Every broadcaster who transmits news or current affairs programmes in respect of the elections shall do so in an impartial and objective manner and in a manner which treats all parties fairly. In complying with this obligation, broadcasters should have regard to the guidelines set out in Annexure C

8 Short title

These regulations may be cited as the Independent Communications Authority (2000 Local Government Elections) Regulations, 2000.

GUIDELINES

1. INTRODUCTION

These guidelines are intended to outline a general approach that should be adopted by broadcasting licensees in their coverage of the 2000 Local Government Elections. Elections are an important public event and they clearly fall within the area of news and current affairs. Broadcasting licensees are encouraged, in the public interest, to provide full, impartial, and independent coverage of the elections.

The Authority does not intervene in the news and programming operations of the broadcasters. Broadcasters' role during elections does not differ from their normal journalistic role during non-election periods. Normal ethical considerations will continue to apply. A distinguishing feature of the election period is the obligation to achieve equitable coverage of political parties without abdicating news value judgements.

2. EDITORIAL MATTERS

Section 61 of the Act lays down specific requirements for the treatment of political parties during the election period by broadcasters in their editorial programming. The requirements are:

"If, during an election period, the coverage of any broadcasting service extends to the field of elections, political parties and issues relevant thereto, the broadcasting licensee concerned shall afford reasonable opportunities for the discussion of conflicting views and shall treat all political parties equally.

 In the event of any criticism against a political party being leveled in a particular programme of any broadcasting service without such party having been afforded an opportunity to respond thereto in such programme or without the view of such political party having been reflected therein, the broadcasting licensee concerned shall be obliged to afford such a party a reasonable opportunity to respond to criticism.

If, within 48 hours before the commencement of the polling period or during the polling period, a broadcasting licensee intends broadcasting a programme in which a particular party is criticized, the licensee shall ensure that the political party is given reasonable opportunity to respond thereto in the same programme, or to do so as soon as reasonably practicable thereafter".

The Authority advises broadcasters to take special care during the final 48 hours prior to election day. There will be limited time for broadcasters to ensure that political parties' right of reply is honoured during this period. Broadcasters should, therefore, ensure that parties are given time to reply, should this be necessary, within the same programme during this period.

Four principles of equitability:

3.1.1 Equitability treatment does not mean equal treatment

The Authority will not expect broadcasting services to distort their news values and processes by giving equal treatment to all political parties.

3.1.2 Equitable treatment means fair treatment

Each broadcasting service will be expected to treat parties fairly. Equitable treatment is unlikely to be achieved in a single programme but can be achieved in a series of programmes.

3.1.3 Each broadcast service should be consistent in its treatment of contesting parties

Each broadcasting service should be consistent in its treatment of contesting parties of conflicting views.

3.1.4 Broadcasters must seek out information.

Broadcasters should recognise their obligation to the electorate to provide a full and accurate record of events and developments. Broadcasters should not rely on political parties to bring information to them, but should actively seek out information. Failure to do so will give parties with greater resources inequitable amounts of news coverage.

3.2 Principles to be adhered to:

To further assist broadcasters in fulfilling the requirements of the Act the following principles will apply:

3.2.1 Fairness

All news coverage should be fair to all interests concerned; Care should be taken to balance the exposure given to the non-political activities of candidates (such as attendance at functions, sporting events etc). All parties should receive equitable treatment on current affairs programmes. If the programme intends to feature party representatives, parties contesting the elections must be invited, with reasonable notice, to participate either in the same programme or in a series of programmes. The requirement that broadcasters give an opportunity for conflicting views to be heard should not be interpreted as a requirement that all parties be heard on any subject, only that all views be heard. Nor is it a requirement that all views be heard on the same programme.

3.2.2 The right of reply to broadcast criticism

Each broadcaster should afford all political parties reasonable opportunity to respond to criticism broadcast by the broadcaster. However, affording parties reasonable time to respond should not amount to forcing broadcasters to turn their editorial programmes into a series of replies to replies.

There should be a distinction between demands for the right to reply to mild or rhetorical criticism, which properly forms part of the cut and thrust of robust political contest; and demands for the right to reply to criticisms which result in clear and immediate damage to a political party. With regard to rhetorical criticisms, broadcasters must have the flexibility to incorporate responses into their formal news patterns. With regard to damaging criticisms, broadcasters should give the offended party an opportunity to respond. The party should be afforded the earliest and most appropriate opportunity to do so. Broadcasters should, however, not allow political parties to use their right to reply to criticism to manipulate or distort the general principle of equitability.

3.2.3 Coverage of government

During the election period, broadcasters must recognise that local government officials are in a position to use their incumbency to advance their electoral prospects.

During the election period, broadcasters should regard with particular caution any statement or action by an official of an incumbent party. In particular, broadcasters need to ensure that, during the election period, they do not afford the policies of incumbent parties greater legitimacy than they would afford those policies or actions if the party were not in local government.

3.2.4 Civil servants

No action or statement by any civil servant or local government official should benefit or prejudice any political party.

3.2.5 Coverage of non-participating organisations

In providing reasonable opportunity for the discussion of conflicting views, non-participating political parties and organisations affiliated to alliances should not be excluded from debates and news bulletins. They should be included in terms of normal journalistic practice - when the topic is one in which they have a material interest. However, they should not be included with such frequency that they distort the general principle of equitability between registered, contesting parties.

3.6 Coverage of election results

Broadcasters have an obligation to inform the electorate of the election results, as they come available. Coverage of election results may also include comment, analysis and interpretation. Special care should be taken to ensure the accuracy of all results broadcast.

PUBLIC SOUND BROADCASTER (SABC)

The following public sound broadcasting services are regarded as national services:

• SAFM
• RADIO 2000
• 5 FM
• RADIO METRO
• RADIO SONDER GRENSE

The following public sound services are regarded to be regional services:

• UKHOZI FM
• IKWEKWEZI FM
• UMHLOBO WENENE FM
• LIGWALAGWALA FM
• THOBELA FM
• MOTSWEDING FM
• PHALAPHALA FM
• LESEDI FM
• RADIO LOTUS
• MUNGHANALONENE FM
• GOOD HOPE FM
• RADIO BOP
• RADIO SUNSHINE

LIST OF REGISTERED PARTIES (AS AT 23 OCTOBER 2000)

National

REGISTERED POLITICAL PARTIES

MUNICIPAL ELECTIONS 2000

The following political parties have been newly registered in accordance with section 15 or 15A of the Electoral Commission Act, 1996 (Act No. 51 of 1996):

REJECTED POLITICAL PARTIES

MUNICIPAL ELECTIONS 2000

In accordance with chapter 4 of the Electoral Commission Act, 1996 (Act No. 51 of 1996) the following applications for registration of political parries have not been approved:

LIST OF REGISTERED PARTIES (AS AT 4 OCTOBER 20000

NATIONAL