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 2024Analysis3.6 Compliance |
| 3.6.1 | Opportunity to self-correct |
| 3.6.1.1 | The SABC submits that the Authority should consider a regulatory provision which permits the SABC to correct its mistakes during the election period. According to the SABC, the correction would be done in consultation with the Authority. Further, the SABC states that given that the implementation of elections regulations and coverage of elections are a mammoth task, in some cases technical mistakes could occur. The SABC states that in most cases these are mistakes that could be rectified. The example provided by the SABC where it can self-correct include: |
| (a) | When PAs and /or PEBs are played back to back; |
| (b) | When PAs and/or PEBs are played without tail disclaimers; |
| (c) | When PAs and/or PEBs are played outside prescribed periods.42 |
| 3.6.1.2 | SABC points out that it should be given an opportunity to self-correct within a prescribed time period, with an apology, or a right of reply, where necessary. It states that in this manner, the Authority will see that the intention of the SABC has always been to comply with the Regulations. The SABC points out that it therefore submits that in cases where the SABC could have rectified its mistake, the Authority will be accordingly notified before it concludes the monitoring exercise.43 |
The Authority’s decision
| 3.6.1.3 | The Authority is of the view that section 4(3)(d) of the ICASA Act read with sections 56, 57, 58 and 59 of the ECA empowers the Authority to monitor and enforce compliance. The Authority is of the view that strict compliance with the regulations is important to ensure the equitable treatment of political parties and independent candidates. The Authority cannot rely on licensees to self-correct as this could result in an inconsistent application of the Regulations and compromise the realisation of this objective. The Authority is therefore not amenable to the proposal of the SABC and confirms that any non-compliance therefore will be dealt with as set out in the applicable Legislation. |
| 3.6.2 | Penalties for non-compliance |
| 3.6.2.1 | The SABC submits that the Authority must apply the principle of proportionate penalties when it deals with the prescribed R1 million fine for non–compliance44. The SABC believes that the penalties must not be extremely punitive especially during the elections because, as a public broadcaster, it has to accommodate an unprecedented high number of political parties and independent candidates. The SABC suggests that the Authority must consider if the offences were intentional or negligent, and the nature and gravity of the offences with an intention to apply leniency. |
The Authority’s decision
| 3.6.2.2 | The Authority observes the SABC’s appeal for lenient application of penalties. The Authority takes into consideration factors such as the gravity of non-compliance as well as factors contained in section 17E of ICASA Act when applying penalties. |
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| 42 | The SABC submission on the National Elections Draft Regulations, 17 November 2023, page 8. |
| 43 | Ibid, page 8. |
| 44 | Ibid, page 10. |
