| 3.8.1.1 |
The SABC recommends that the Authority consolidate the 2014 National and Provincial Elections Regulations, 2019 National and Provincial Elections Amendment Regulations, and the 2023 National and Provincial Elections Draft Regulations into one document so that they are easy to read46. |
| 3.8.2 |
Calendar Days versus Days |
| 3.8.2.1 |
The SABC notes that regulations 4(4), 6(2) and 8(1)(b) refer to “calendar days”, whilst regulations 4(7), 4(8), 4(24) and 7(1) refer to “days”. The SABC asserts that these terms are similar and therefore Authority must use one term in the Final Regulations to avoid confusion47. |
| 3.8.3 |
Awareness Campaigns |
| 3.8.3.1 |
The SABC encourages the Authority to conduct campaigns with all the political parties and the independent candidates48. The SABC substantiates that this campaign drive will assist to manage the potential complaints that may be directed at it by the contesting political parties and independent candidates. |
The Authority’s decision
| 3.8.3.2 |
The Authority has decided to retain the different dates as reflected in the financial years they were published so as to indicate the amendments that have been effected. However, the Authority has noted the SABC’s suggestion to consolidate the Regulations. |
| 3.8.3.3 |
The Authority has decided to use both “calendar days” and “days” as such usage is in line with the context of the provision. |
| 3.8.3.4 |
The Authority conducted provincial workshops on the Draft Regulations which aimed to solicit inputs from political parties, independent candidates, broadcasters, and other interested stakeholders. Furthermore, the Authority is available to provide clarity as and when requested regarding its Regulations. |
| 3.8.4 |
A Basic Cost Analysis to produce a 40 second television PEB/PA |
| 3.8.4.1 |
The DA submits that PEBs and PAs are treated both as advertisements with the assumption that both concept and script for the advert have been written by the political party or independent candidate and have not been outsourced. In addition, only members of the party/volunteers appear in the advert at no cost. DA further submit that for a simple, television-quality broadcast, the industry average cost for a single 40 second advert amounts to approximately R174 000 (with VAT). The breakdown of the cost components includes:49
|
| • |
One day of shooting of two locations in proximity. |
| • |
Crew hire – director; director of photography; technical crew; hair, make-up and wardrobe; audio engineer; lighting crew; professional assistant. |
| • |
Camera kit with lenses for fixed camera work (no aerial or moving shots). |
| • |
On-set monitors and a teleprompter. |
| • |
Three days of post-production, including grading, a final audio mix, a licensable audio track (without accounting for stock footage). |
| 3.8.5 |
A Basic Cost Analysis to produce a 40 second radio advert |
| 3.8.5.1 |
The DA submits that with the assumption that the advert is in English, written and voiced by a party member for free, there is no background music in advert, there is no outsourced creative agency and Licencing fees do not apply.50 The DA states that the industry average cost for a single, radio quality advert amounts to approximately R20 000 (including VAT). The DA further states that the cost component will include:51
|
| • |
1 day of production management. |
| • |
1 hour of voice-over recording in a professional sound studio. |
| 3.8.5.2 |
Furthermore, the DA submits that for adverts in an additional language, costs grow by an additional R20 000 per language.52 The DA states that the average costs are for simple adverts without significant production. Further, it raises a concern that not all political parties or independent candidates may be able to afford. The DA further states that to produce PEBs and PAs which differentiate in content effectively doubles the costs for political parties or independent candidates. The DA’s concern is that it is difficult to afford for smaller, newer parties, as well as independent candidates.53 DA submits that allowing political parties or independent candidates leeway to use PA material in PEB slots and vice versa may be beneficial, as opposed to direct forfeit.54
|
The Authority’s decision
| 3.8.5.3 |
The Authority has noted the estimated costs for producing a PA and a PEB, however, the Authority’s decision is that content broadcast as PA may not be broadcast as PEB. The legislation, being the ECA provides for a distinction between a PEB and a PA. Furthermore, this distinction is necessary to avoid assertions that certain political parties or independent candidates have been favoured in the allocation of PEB slots. |
| 3.8.6 |
Consumer research for 2023/24 on ICASA’s role in elections |
| 3.8.6.1 |
CAP states that the activity that it has identified for consumer research for 2023/24 is to investigate how ICASA’s role in elections can be utilised to assist with the dissemination of political and voting information to persons with disabilities. CAP would like ICASA to ensure that election broadcasts, which includes political advertisements, are accessible to persons with disabilities as persons with disabilities rely on the broadcasting sector during the election period. The persons with disabilities experience difficulties and challenges such as inaccessible voting stations, inaccessible registrations and voting processes, and attending political rallies and community meetings.55
|
| 3.8.6.2 |
CAP is of the view that past elections Regulations drafted by ICASA did not adequately address the access requirements of persons with disabilities in South Africa hence it is proposing that ICASA do a pilot research study for the forthcoming National Elections in 2024.56
|
| 3.8.7 |
Suggestions on making election broadcasts accessible to persons with disabilities. |
| 3.8.7.1 |
CAP states that the Elections Broadcast Regulations cover three areas which are Public Service Broadcasts, Political Adverts, and Political Broadcasts. Therefore, CAP proposes that ICASA should ensure that all three areas of the regulations include persons with disabilities as a specific target group. CAP also proposes that Political Service Information Broadcasts should include voting procedures specifically for persons with disabilities. Alternatively, special public service broadcasts for persons with disabilities should be made in explaining how to access special voting procedures for persons with disabilities. 57
|
| 3.8.7.2 |
CAP raises a concern that under the current regulations no political adverts are required to be accessible to persons with disabilities. On another hand, the Draft Amendment Regulations also do not include any provisions to make political advertisements and PEBs accessible to persons with disabilities. Therefore, CAP recommends that the technical guidelines for adverts include a requirement for closed-captioning, and if an advert has no spoken language, an audio-described file should be made available.58
|
| 3.8.7.3 |
CAP further raises concern that if broadcasts are not made accessible to persons with disabilities, they are at risk of not being able to partake on an equal basis in the political processes of South Africa. As a result, CAP recommended that news broadcasts during the election period should include access services for persons with disabilities, which includes an accredited South African sign language interpreter, live closed captioning for digital television stations, and a requirement to voice-over information like polling results, etc.59
|
3.8.7.4 Furthermore, CAP is of the view that it is important that all these public service broadcasts be available in all South African Languages, including South African Sign Language.60
| 3.8.7.5 |
CAP suggests that political parties should have to include sign language in their political adverts and that Elections News Broadcasts should have qualified South African sign language interpreters. CAP proposes that political parties should provide transcripts for their adverts so that subtitles or closed captions can be added. ICASA should also set a quota for the number of accessible adverts for each party. |
| 3.8.7.6 |
CAP is of the view that newsrooms and political parties should be aware of how to make silent broadcasts (when there is no sound or only music, but there is text or images on the screen) accessible for persons with visual impairments.61
|
| 3.8.7.7 |
CAP advises political parties to use short sentences and simple presentations when making their adverts to cater for persons with neuro-divergent conditions. |
| 3.8.7.8 |
CAP recommends that political parties avoid using flashing images in their adverts, or, if they have to, warn the viewers with photo-sensitive epilepsy and some forms of Parkinson’s disease at the beginning of the advert.62
|
The Authority’s decision
| 3.8.7.9 |
The Authority notes and welcomes CAP’s proposals, however, the Authority is of the view that the Regulations on the Code for Persons with Disabilities caters for what CAP suggested. Regulation 3 (1) (2) (3) and 4 of the Code for Persons with Disabilities Regulations deals with basic standards for broadcasting service licensees. The Regulations already require a broadcasting service licensee to implement the following accessibility service on applicable channels being, audio description, sign language, subtitles and closed captioning. |
| 3.8.7.10 |
Regulation 4 (1)(2) (3) and 4 of the Code for Persons with disabilities deals with general requirements for communications and information provision to persons with disabilities for television broadcasting service licensees. |
| 3.8.8 |
How artificial intelligence (AI) could affect election broadcasts and whether regulation is required? |
| 3.8.8.1 |
CAP states that AI has become increasingly prevalent in the broadcasting industry, where it is possible to have a fully automated radio and television AI broadcast station. It explains that the stations utilize online, publicly available information to generate weather, traffic, and news reports. CAP further explains that the voices used on these stations can be fully artificially engineered and are highly considered to be the future of broadcasting. As a result, CAP raises concerns regarding AI in election broadcasts, where it states that a broadcaster can utilize “deep fake” technology which can have a material influence on an election. To support the statement, CAP pointed out that in the United States of America, it was reported that President Biden recently signed an executive order regulating on AI after being outraged when seeing a “deep fake” article made where he featured.63
|
| 3.8.8.2 |
CAP further argues that “deep fake” technology can be so realistic that the subject looks and sounds completely genuine, resulting in political parties using it to maliciously align their opponents during political advertisements. As a result, CAP recommends that during election broadcasts ICASA should consider including a regulation on the use of AI, to require that all adverts made by AI should have a constant byline stating that the adverts were made by AI.64
|
The Authority’s decision
| 3.8.8.3 |
The Authority is of the view that the current regulatory framework does not empower the Authority to regulate AI. The Authority is of the view that. Regulation 6 (9) of the Elections Regulations65 provides for malicious use of AI related to deep fake technology. Regulation 6(9) states that “a political party or an independent candidate that submits a PA to a BSL for broadcast must ensure that the PA does not contravene the provisions of ... the Constitution, and does not contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act”. Furthermore, Furthermore, the Regulations on the Code of Conduct for broadcasters addresses issues that can be the results of the use of AI”66. |
______________________________________
| 49 |
DA supplementary submission on Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014, 5 January 2024, page 03. |
| 55 |
Consumer Advisory Panel submission on Elections Research Proposal, page 1. |
| 57 |
Consumer Advisory Panel submission on CAP Comments on the “Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014”, 17 November 2023, page 07. |
| 61 |
Consumer Advisory Panel submission on Elections Research Proposal, page 5. |
| 63 |
Consumer Advisory Panel submission on CAP Comments on the “Draft Amendment to the National and Provincial Party Elections Broadcasts and Political Advertisements Regulations, 2014”, 17 November 2023, page 06. |
| 65 |
ICASA Regulations on Party Election Broadcasts, Political Advertisements, the equitable treatment of Political Parties by Broadcasting Licensees and related matters, published in Government Gazette 37350 of 17 February 2014
|
| 66 |
Published in Government Gazette 32381 of 06 July 2009
|
South African Institute for Drug Free Sport Act, 1997
