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

Chapter 9 : Broadcasting Services

59. Equitable treatment of political parties by broadcasting service licensees during election period

 

(1) If, during an election period, the coverage of any broadcasting service extends to the field of elections, political parties and issues relevant thereto, the broadcasting services licensee concerned must afford reasonable opportunities for the discussion of conflicting views and must treat all political parties equitably.

 

(2) In the event of any criticism against a political party being levelled in a particular programme of any broadcasting service—
(a) without such party having been afforded an opportunity to respond thereto in such programme; or
(b) without the view of such political party having been reflected therein, the broadcasting services licensee concerned must afford such party a reasonable opportunity to respond to the criticism.

 

(3) If, within 48 hours before the commencement of the polling period or during the polling period, a broadcasting services licensee intends broadcasting a programme in which a particular political party is criticised, the licensee must ensure that the political party in question is given a reasonable opportunity to—
(a) respond thereto in the same programme; or
(b) respond thereto as soon as is reasonably practicable thereafter.

 

(4) Subsection (3) does not apply in relation to the contents of any party election broadcast in the circumstances contemplated in section 57 and any political advertisement in the circumstances contemplated in section 58.