Issued by: Ministry for Post and Telecommunications
National Council of Provinces - Wednesday, November 11, 1998
Today, the National Council of Provinces is debating the Broadcasting Bill that is the embodiment of Government's policy to permanently free the airwaves, and that the legacy we bequeath to the next generation will ensure the accountability, independence, access and diversity of the broadcasting media in our country.
The Bill 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 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 it will contribute 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.
There are three key issues addressed in this Bill which I would like to highlight.
INDEPENDENCE
The first is that of the independence of the 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.
We have strengthened the journalistic, creative and programming independence of the SABC by including a specific clause in this regard that ensures there will be no interference from political or commercial interests.
It must be remembered that Parliament, through a public hearing process, appoints the Council of the IBA and the Board of the SABC. It follows then that this Parliament, of which this Council is an integral part, believes that those people have the credibility and integrity to carry out the mandate they have been entrusted with.
In the four or so years of this Government, I cannot recall one specific incident where the members of the SABC Board or the IBA Council have been accused of undermining the public interest that this Parliament has entrusted to them.
Finally, The presence of other broadcasters is the most powerful check and balance on any attempt by any government to control broadcasting or to manipulate it for political purpose. This Government is committed to competition, and this Bill before you charges the IBA to license as many broadcasters as possible in all mediums and in all classes. In this country, right now, people can choose to turn the dial or switch off one station and tune into another.
ROLE OF THE MINISTER
The second issue I want to raise is that of the role of the Minister with regard to the IBA.
Contrary to the utterings of the opposition parties both in this Parliament and in the media, I do not want the job of the IBA. There is a difference between policy making and regulation and this Bill is the clearest expression of that yet. 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.
The changes to Section 13A of the IBA Act outlined in this Bill in fact more clearly defines the role of the Minister. What is not mentioned, of course, is that the changes also require the Minister to consult with the IBA, to publish a notice in the Government Gazette calling for public input, and to refer to the committees of Parliament when issuing policy directives.
CONSTITUTION
Finally, I want to address the issue of the Constitutionality of this Bill.
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.
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
This Bill will be a proud landmark in the development of our broadcasting sector in South Africa.
Thank You