Issued by: Government Communications (GCIS)
November 2, 1998
NATIONAL ASSEMBLY TO CONSIDER BROADCASTING BILL
The National Assembly will consider the draft Broadcasting Bill on Tuesday, November 3, 1998.
According to Jay Naidoo, Minister for Posts, Telecommunications and Broadcasting who will introduce the Bill, there have been some changes made to the Bill since it was first tabled in Parliament on August 18, 1998.
"There was vigorous debate on a variety of issues in the Portfolio Committee on Communications, and I believe the debate has resulted in refinements which will ultimately satisfy the majority of interests while keeping the policy focus intact," Naidoo says.
The Bill
Defines the new structure of the SABC and guarantees its independence, and sets out a Charter for the SABC;
Defines various classes of licenses which broadcasters may apply for;
Defines community and commercial broadcasting services; Establishes parameters of satellite broadcasting and calls for a public inquiry;
Establishes a Frequency Spectrum Directorate and the South African Broadcast Production Advisory Body; and
Repeals the Apartheid-era Broadcasting Act of 1976 and amends the IBA Act.
SABC
"We have to ensure that the SABC provides the public with the best possible broadcasting service. In that regard, the SABC will be re-organised into two distinct services - public and commercial - with defined objectives and responsibilities. Profits from the commercial services will be used to subsidise the public broadcasting services.
The Bill also details the restructuring of the SABC into a limited liability company.
"This means the SABC, as a public company, will be accountable to its shareholders - which in this case is government, represented by the Minister with responsibility for Broadcasting - for its financial affairs.
In the interests of good corporate governance and transparency, major financial decisions will therefore be taken in consultation with the Minister responsible for Broadcasting," Naidoo says.
Editorial independence is guaranteed in a separate clause contained in the preamble to the Charter. It states, "The Corporation shall, in pursuit of its objectives and the exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence".
LICENSING
The Bill defines broadcasters as anyone who composes, packages or distributes television or radio programme services for reception by the public or to subscribers. It also requires all broadcasters be licensed.
There are three tiers of broadcasting licenses available: public, commercial and community. These tiers are categorised into 10 classes of license, including free to air (radio or television); satellite free to air (radio or television); satellite subscription television service; multi-channel distribution and cable television subscription service.
"For the first time, we have legislation that will regulate the broadcasting sector, and the licensing requirements for all broadcasters will ensure the orderly development of this vibrant sector, particularly of the satellite broadcasting area which is developing rapidly," Naidoo says.
Existing broadcasters will be given a 6-month window to apply for a license from the IBA and to get special authorisation from the IBA for the individual channels they broadcast. Further, the IBA will be required to hold a public inquiry looking at the issues of signal distribution, convergence, a regulatory regime for multi-channel distribution services, and sections 49 and 50 of the IBA Act (which deal with matters of cross-ownership). The inquiry will also make recommendations on license conditions, obligations and tariff structures for satellite broadcasters.
Finally, the Broadcasting Bill makes provisions for the IBA to make any regulation necessary with regard to TV licences fees. "TV license fees become a regulatory issue with the IBA setting the amount and the SABC having the power to call for licenses and to collect licenses.
This will no longer be the responsibility of the Minister concerned," Naidoo says.
COMMUNITY AND COMMERCIAL BROADCASTING
The Broadcasting Bill goes an extra mile in ensuring that community broadcasters meet the needs of all the people in their communities, Naidoo says. Consensus was reached on the wording of particular sections of the Bill dealing with community radio.
The IBA definition of community (includes both geographic and interest groups) has been retained and the IBA has been mandated to investigate the future mandate, role and structure of community radio and television.
"I am confident that the Broadcasting Bill, and in particular the new definition of community broadcasting services, will allow for diverse groups, including religious groups, to provide a service that will deepen democracy and build a new value system in our country," he says.
FREQUENCY SPECTRUM DIRECTORATE
The Bill directs the Dept of Communication to establish a Frequency Spectrum Directorate which will have overall responsibility for the efficient, effective and economic use of the country's spectrum assets, as well as overall policy development and research. This directorate must be operating by the year 2000 when competition will be opened up in the area of signal distribution.
SOUTH AFRICAN BROADCAST PRODUCTION ADVISORY BODY
A South African Broadcast Production Advisory Body is to be established to identify funding, define policy and implementation strategies in support of the development of local content. It will comprise representatives from all broadcasting stakeholders and will be constituted periodically as needed, at the discretion of the Minister.
CONCLUSION
"I believe this Bill that provides certainty for existing broadcasters while following that middle path while carefully balances attracting investment and providing services; between the separation of powers and the interests of all stakeholders. It balances the social, educational, cultural and linguistic needs of our society with the news and entertainment imperatives of broadcasting content," Naidoo says.
"It contributes towards deepening our democracy because it acknowledges the right for all sectors of our society to have their views heard. It further enhances that concept by outlining a process of liberalisation of the airwaves that will see more community radio stations and more television stations operating in South Africa."
"International benchmarks are important but we have based this law on our own unique objectives and conditions. There were weak areas in the original draft of the Bill and we have clarified the weak areas and added some checks and balances in a way that does not detract from interests of the broadcasting sector as a whole," he says.