South African Institute for Drug Free Sport Act, 1997
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2024Reasons Document - February 2024Analysis3.4 Regulation 7: Complaints Management |
| 3.4.1 | The SABC supports the Authority’s proposed changes as per regulation 7(3) as it will foster an effective complaints management process. The SABC further submits that its proposed amendment will assure that the Complaints and Compliance Committee (CCC) rulings are effective and relevant for the election season.37 |
| 3.4.2 | The SABC further encourages the Authority to explore a way of monitoring compliance by licensees during the election and the election broadcast period. The SABC further submits that in that way, the Authority will eliminate monitoring way after the elections and broadcasters are forced to apologize or correct material which the audience cannot relate to due to the time elapse since the incident.38 |
| 3.4.3 | Rosestad FM submits that the Authority should prescribe the wording for the pre-recorded message informing the public of the complaints procedure related to PAs and PEBs as per Regulation 7(4) of the Draft Amendment Regulations. It reasons that this will be to ensure uniformity in all the prerecorded messaging across all stations, and also that the correct contact details for complaints are provided, as the complaints will be addressed to the CCC.39 |
| 3.4.4 | The DA supports ICASA’s swift dispute ruling period, whereby disputes between political parties, independent candidates and broadcasters or disputes raised by members of the public must be ruled on within 24-48 hours40. |
The Authority’s decision
| 3.4.5 | The Authority has dedicated resources to monitor compliance during the election period and its monitoring framework has not posed a challenge for the Authority during previous elections. |
| 3.4.6 | The Authority is of the view that the content of the pre-recorded message should be the responsibility of the broadcaster as the Authority does not get involved in the creation of broadcasting content, whether programming or messages. Similar to top and tail messages, this is the duty of the broadcaster due to their broadcasting expertise and knowledge of their audience. However, given that the Authority is for the first time introducing this obligation, the Authority provides a guideline below. Broadcasters are required to ensure that the wording is adapted to its audience and is recorded in the languages of broadcast of the licensee. |
| 3.4.7 | Example of promo: |
“Any person aggrieved by any Political Advertisement or Political Election Broadcast that is broadcast by [insert name of station] may lodge a complaint within 5 days from broadcast with the Independent Communications Authority of South Africa (ICASA). To lodge your complaint, please contact ICASA’s Compliance Department via telephone number on 012 568 3233 or email [email protected] and [email protected]”.
(The contact details of ICASA should be repeated twice).
| 3.4.8 | Further, any election related disputes and matters will be dealt with in relation to Regulation 6 of the Regulations Governing Aspects of the Procedures of the CCC of ICASA. |
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| 37 | The SABC submission on the National Elections Draft Regulations, 17 November 2023, page 8. |
| 38 | Ibid, page 9. |
| 39 | Rosestad FM submission on the Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 17 November 2023, page 1. |
| 40 | DA submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 17 November 2023, page 5. |
