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

Regulations

Regulations regarding the Code of Conduct for Broadcasting Service Licensees

1. Definitions

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In these regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned.

"Act"

means the Electronic Communications Act, Act no 36 of 2005;

"audience"

refers to both the viewers and listeners of television and sound broadcasting service licensees;

"broadcasting service licensee"

means a broadcasting service licensee as defined in section 1 of the Act;

"child pornography"

means any description or visual image, real or simulated, however created, explicitly depicting a person who is or who is depicted as being under the age of 18 years-

a)	engaged in or participating in sexual conduct;

b)	engaged in an explicit display of genitals; or

c)	assisting another person to engage in sexual conduct which, judged within context, has as its predominant objective purpose, the stimulation of sexual arousal in its target audience;

"child"

means a person under the age of 18 years;

"ICASA Act"

means the Independent Communications Authority of South Africa Act 13 of 2000;

"sexual conduct"

means:

i)	the display of genitals or of the anus;

ii)	masturbation;

iii)	sexual intercourse including anal sexual intercourse;

iv)	in the case of child pornography, the fondling or touching of breasts, genitalia or the anus;

v)	the penetration of a vagina or anus with any object;

vi)	oral genital contact; or

vii)	oral anal contact;

"watershed period"

means the period between 21h00 and 05h00 for free-to-air television Broadcasting service licensees and 20h00 and 05h00 for subscription television Broadcasting service licensees.