Issued by: Government Communications (GCIS)
National Assembly - Tuesday, November 3, 1998
Today, Parliament will debate the final stage of this Government's goal to permanently free the airwaves. We must ensure that never again will broadcasting be used as an instrument of repression, of propaganda, of division.
The broadcasting legacy we bequeath to the next will ensure accountability, independence, access and diversity.
BACKGROUND
The Broadcasting Bill, like our fight for freedom, has come down a long path. It has taken more than a year and a half of discussion, consultation and balancing of viewpoints from a broad grouping of stakeholders and interest groups to reach the point we are at today.
It recognises the challenges we have had to face in drafting our country's first ever broadcasting law, including acknowledging the legacies we have inherited; a broadcasting sector which was controlled by a few players, content on television and radio that made our children more familiar with Hollywood than District Six; and a pathway that has become a super-highway.
INTRODUCTION
As the Minister responsible for broadcasting, I have personally assured every concerned party that our approach was transparent and fair and was cognisant of the need to place public interest at the forefront.
This Bill, I believe, gives certainty to existing broadcasters and follows that middle path that 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.
I believe this Bill 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.
It proposes a digital platform to facilitate the convergence of technologies and catapult South Africa into the 21st Century.
We also tried to ensure that broadcasting begins to contribute to the spiritual and moral reconstruction and development of our society. This value system should be based on responsibility and respect so that important laws - like those that were debated in this house yesterday which aim to improve the quality of life and status of the 21 million women in South Africa - will fundamentally improve the lives of all our people.
The Bill which the National Assembly will consider today
Defines the objectives of the South African broadcasting system; Defines the roles of the various sectors in meeting these objectives;
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.
I would like to review some of the key points of the Bill.
SABC
The SABC will in future be governed by a Charter that will be dealt with by Parliament as part of the broad national policy framework. The Independent Broadcasting Authority (IBA) will monitor and enforce compliance with the provisions of the Charter.
In terms of independence of the SABC, we have ensured there is no interference - whether political or commercial - in the operations of the SABC, particularly its journalistic, creative and programming operations.
The SABC has to provide the public with the best possible broadcasting service. In that regard, the Bill allows for it to be re-organised into two distinct services - public and commercial - with defined objectives and responsibilities. Profits from the commercial service will be used to cross-subsidise the public broadcasting service in a transparent manner.
All these changes will best position the SABC to be a competitive player in our developing and vibrant broadcasting sector.
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. Consensus was reached on the way forward on the evolution of the community broadcasting sector.
The IBA definition of community (which 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 this Bill 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.
CONSTITUTION
However, there are some who have questioned the Constitutionality of this Bill. Their concerns, in general, relate to the powers granted the Minister and in particular, the right of the Minister to issue policy directives, particularly in the area which is the domain of the Independent Broadcasting Authority (IBA).
It is the responsibility of Government to set policy in all aspects of national life, and no interpretation of the Constitution can take away the policy formulation role of Government. What must be made clear is that this Bill vests the Independent Broadcasting Authority with all the powers necessary to independently regulate the broadcasting sector, without fear of interference from any quarter.
Foreign jurisprudence indicates unequivically that the state has a legitimate role in the broadcasting activities of a nation. In many countries around the world the roles of policy formulation, regulation and licensing, and service provision are separated, with policy formulation being the preserve of the State. This does not detract from the role of developing regulatory policy that is the preserve of the Independent Broadcasting Authority (IBA).
CONCLUSION
We took cognisance of International benchmarks and practice, but this law is based on our own unique objectives and conditions. Where there were weak areas in the original draft of the Bill, we clarified them and added some checks and balances in a way that does not detract from interests of the broadcasting sector as a whole.