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

Chapter 1 : Introductory Provisions

2. Object of Act

 

The primary object of this Act is to provide for the regulation of electronic communications in the Republic in the public interest and for that purpose to—

(a) promote and facilitate the convergence of telecommunications, broadcasting, information technologies and other services contemplated in this Act;
(b) promote and facilitate the development of interoperable and interconnected electronic networks, the provision of the services contemplated in the Act and to create a technologically neutral licensee framework;
(c) promote the universal provision of electronic communications networks and electronic communications services and connectivity for all;
(d) encourage investment, including strategic infrastructure investment, and innovation in the communications sector;
(e) ensure efficient use of the radio frequency spectrum;
(f) promote competition within the ICT sector;
(g) promote an environment of open, fair and non-discriminatory access to broadcasting services, electronic communication networks and to electronic communications services;
(h) promote broad-based black economic empowerment, with particular attention to the needs of women, opportunities for youth and challenges for persons with disabilities;

[Section 2(h) substituted by section 2 of the Electronic Communications Amendment Act, 2014 (Act No. 1 of 2014)]

(i) encourage research and development within the ICT sector;
(j) provide a clear allocation of roles and assignment of tasks between policy formulation and regulation within the ICT sector;
(k) ensure that broadcasting services and electronic communications services, viewed collectively, are provided by persons or groups of persons from a diverse range of communities in the Republic;
(l) provide assistance and support towards human resource development within the ICT sector;
(m) ensure the provision of a variety of quality electronic communications services at reasonable prices;
(n) promote the interests of consumers with regard to the price, quality and the variety of electronic communications services;
(o) subject to the provisions of this Act, promote, facilitate and harmonise the achievement of the objects of the related legislation;
(p) develop and promote SMMEs and cooperatives;
(q) ensure information security and network reliability;
(r) promote the development of public, commercial and community broadcasting services which are responsive to the needs of the public;
(s) ensure that broadcasting services, viewed collectively—
(i) promote the provision and development of a diverse range of sound and television broadcasting services on a national, regional and local level, that cater for all language and cultural groups and provide entertainment, education and information;
(ii) provide for regular—
(aa) news services;
(bb) actuality programmes on matters of public interest;
(cc) programmes on political issues of public interest; and
(dd) programmes on matters of international, national, regional and local significance;

(iii)        cater for a broad range of services and specifically for the programming needs of children, women, the youth and the disabled;

(t) protect the integrity and viability of public broadcasting services;
(u) ensure that, in the provision of public broadcasting services—
(i) the needs of language, cultural and religious groups;
(ii) the needs of the constituent regions of the Republic and local communities; and
(iii) the need for educational programmes, are duly taken into account;
(v) ensure that commercial and community broadcasting licences, viewed collectively, are controlled by persons or groups of persons from a diverse range of communities in the Republic;
(w) ensure that broadcasting services are effectively controlled by South Africans;
(x) provide access to broadcasting signal distribution for broadcasting and encourage the development of multi-channel distribution systems in the broadcasting framework;
(y) refrain from undue interference in the commercial activities of licensees while taking into account the electronic communication needs of the public;
(z) promote stability in the ICT sector.