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Electronic Communications Act, 2005 (Act No. 36 of 2005)

Regulations

National and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2024

Reasons Document - February 2024

Analysis

3.3 Political Advertisements

 

3.3.1 Regulation 6(2): Intention to broadcast PAs

 

3.3.1.1 The DA objects to ICASA’s proposal that BSLs must also notify ICASA of their intention to broadcast PAs as contained in Regulation 6(2). DA submits that PAs are not allocated slots by ICASA and are commercial agreements between political parties/independent candidates and broadcasters. They are also protected under broadcast and electoral Regulations. There is no role required of ICASA in this regard.31

 

3.3.1.2 Barberton Community Radio advises that it will broadcast only PAs and not the PEBs partly due to the volatile political situation in Barberton and surrounding areas. Barberton Community Radio mentions that it does not think that it will be able to give equitable time to all political parties and independent candidates because of the nature of the political situation in Barberton.32

 

3.3.1.3 Mkhondo FM submits that they will be broadcasting National and Provincial Elections in their current affairs shows and outside broadcast events on special arranged events. Mkhondo FM also indicates that it will be interested in broadcasting PAs.33

 

The Authority’s decision

 

3.3.1.4 The Authority has decided that participating BSLs should notify the Authority if they are going to be broadcasting PAs, PEBs or both. The notification for PAs is not for a slot allocation but is meant to ensure that all BSLs that are to broadcast PAs also comply with the Regulations and will be monitored for compliance.

 

3.3.1.5 The Authority reiterates that it is not compulsory for community and commercial broadcasters to broadcast PEBs or PAs. Should they choose to broadcast PAs and/or PEBs that is entirely their decision. BSLs will need to inform the Authority of the intention to broadcast PAs within 20 calendar days after the publication of the final Regulations, if they still intend to do so at that stage. Further, the Authority would like to clarify that there is no need to inform the Authority regarding the broadcast of current affairs shows and outside broadcast events on National and Provincial Elections.

 

3.3.2 Regulation 6(12)

 

3.3.2.1 The DA submits that regulation 6(12) of the Draft Regulations states that “Content broadcast as a PA must be broadcast as a PEB. The DA proposes that content broadcast as a PA may be broadcast as a PEB. This is to allow political parties/independent candidates more leeway in generating PEB’s, as PEB’s can be costly and time-consuming. If slots are not filled, they are forfeited34.

 

3.3.2.2 MCMT also submits that regulation 6(12) is “probably an error that needs to be rectified in the final regulations”.35

 

The Authority’s decision

 

3.3.2.3 There is a difference in content for PAs and content for PEBs and thus the error in the published Draft Regulations is being rectified. Content broadcast as a PEB cannot be broadcast as PA and vice versa. Regulation 6(12) should read “Content broadcast as a PA must not be broadcast as a PEB”.

 

3.3.3 Regulation 6 (15)

 

3.3.3.1 MCMT is of the view that excluding Low Power Broadcasters to broadcast PAs is undue interference in the commercial activities of licences. Low Power Broadcasters are classified under class licences and part of their mechanism to make money is advertisement. MCMT proposes that the Authority leaves it up to political parties/independent candidates as to whether they would want to utilise those services.36

 

The Authority’s decision

 

3.3.3.2 The Authority’s position is that Low Power Broadcasters should not broadcast PAs as per the reasons provided under paragraph 3.2.17.2 above.

 

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31 DA submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 17 November 2023, page 5.
32 Barberton Community Radio submission on Election Submissions for Barberton Community Radio 2023-2024, 17 November 2023, page 1.
33 Mkhondo FM submission on the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 17 November 2023, page 1.
34 DA submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 17 November 2023, page 5.
35 Mutsindo Community Media Trust submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 16 November 2023, page 2.
36 Ibid, page 2.