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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

2. Introduction

 

2.1 The Authority is empowered by sections 4(1), 56, 57, 58 and 59 of the Electronic Communications Act, 2005 (Act No. 36 of 2005), (“ECA”) to develop Regulations in respect of Party Election Broadcasts (PEBs) and Political Advertisements (PAs). Therefore, the Authority is reviewing the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, in line with section 56 to 59 of the ECA. Furthermore, section 4(3)(j) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000) (“ICASA Act”) provides that the Authority may make regulations on any matter consistent with the objects of this Act and the underlying statutes or that are incidental or necessary for the performance of the functions of the Authority.

 

2.2 On 4 October 2023, the Authority published the Draft Amendment to National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2023 (Draft Regulations)2.

 

2.3 Subsequent to the publication of the Draft Regulations, the Authority held provincial workshops from 24 October 2023 to 3 November 2023. In addition to physical workshops conducted in all provinces, a virtual workshop was held on 9 November 2023. The Authority invited written representations on the Draft Regulations with the closing date of 17 November 2023.

 

2.4 The Authority received nine (9) written submissions from the stakeholders listed in paragraph 1.2 above.

 

2.5 On 8 December 2023, the Authority held virtual public hearings where the SABC, CAP and DA made oral submissions.

 

2.6 The Authority considered the written and oral representations and developed the final regulations and Reasons Document. The purpose of the Reasons Document is to provide reasons for the Authority’s decisions on the final Regulations.

 

2.7 The following sections contain the analysis of the written and oral submissions, and the Authority’s reasons for decisions.

 

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2 Published in Government Gazette 49406 of 04 October 2023