Broadcasting Draft Bill: briefing by Department

Meeting report

COMMUNICATIONS PORTFOLIO COMMITTEE
12 August 1998
BROADCASTING DRAFT BILL: BRIEFING

 

http://www.polity.org.za/govdocs/bills/1998]
Memorandum of Broadcasting Draft Bill (see Appendix)

SUMMARY
Chairperson S Moeti said that the committee was dealing with the bill informally since it had not been tabled in Parliament yet; the state law advisor’s office was busy "translating" it. It is expected to be tabled at the end of the week. The two issues that raised the most debate and questions afterwards was the decision to change the designation "community" in regard to community radio licenses from that of "interest" to "geographical" committee; and secondly, the splitting of the SABC’s public broadcasting and commercial services.

DETAILED MINUTES
The briefing on the Bill was conducted by Mr Joe Mjwara, Senior General Manager, Department of Communications, and Mr Andile Ngcaba, Director-General, Department of Communications.

In his two hour-long briefing, Mr Ngcaba said that the Bill’s main objectives were to:
- repeal the outmoded Broadcasting Act (1976)
The Bill was aimed at bringing the existing Act in line with the political, economic and technological changes of the last 22 years since the introduction of television in South Africa. Since then private television (M-Net) and radio (e.g.Radio702) had been introduced and there was the pressure on public broadcasters to rely less on income from licenses and state subsidies and more on commercial activity.
- draw up a new broadcasting policy for South Africa
The Bill acknowledges that South African broadcasting services be owned and controlled by South Africans, especially the historically disadvantaged;
reflect the "identity and diverse nature" of all South Africans;
be multi-lingual;
be brought in line with the Constitution;
encourage investment in the industry and fair competition;
provide for a three-tiered system of public, commercial and community services; integrate a multi-channel distribution broadcasting policy framework;
encourage the development of local programming content;
clarify the powers of the Minister with regard to policy formulation;
clarify the powers of the IBA with regard to licensing and regulation;
provide for classes of broadcasting activities and classes of licences (public broadcasting; commercial broadcasting service; community broadcasting);
establish a frequency spectrum directorate in the department;
provide for a Public Broadcasting Charter for the SABC enacted by Parliament with the IBA monitoring compliance;
establish a South African Broadcasting Production Advisory Board;
establish a human resource capacity in policy development.

Questions by committee members:
Reverend Green (ACDP) wanted to know whether the proposed change from "community of interest" to "gegraphical community" would mean the end of Christian orientated stations, as suggested on p26 of the White Paper.

Mr Swanepoel (NP) pointed out that the Bill does not spell out the various classes of licenses.

Ms Vos (IFP) wanted information on regional television as well as whether the SABC is moving towards greater commercialisation, while Mr Kekana (ANC) wanted to know whether the new licensing process would mean community radio stations would have to go off air for the duration of the hearings.

In response, Mr Ngcaba said religious radio stations would not be precluded, but will be "subject to public inquiry". Mr Mjwara suggested frequency availability and capacity is the reason for not allowing "community of interest". He said religious stations had to consult with their "representative institutions" in their community about whether those communities want religious stations.

Mr Mjwara said globalisation makes the commercialisation of aspects of the SABC inevitable; South Africa was not an exception. He said the public broadcaster would not subsidise its commercial arm.

Appendix: Memorandum on the Objects of the Broadcasting Bill

This Bill is the culmination of the White Paper Broadcasting, 1996. One of the objectives of the exercise is to repeal the Broadcasting Act, 1976 (Act No.73 Of 1976) 50 as to establish a new broadcasting policy in the Republic. Accordingly the Independent Broadcasting Authority Act, 1993 (Act No.103 of 1993) must be amended. The objects of the new Broadcasting Act are specifically spelled out and contained in clause 2.

The SABC currently operates in terms of the Broadcasting Act, 1976. This Bill proposes that the Broadcasting Act, 1976 be repealed. It is therefore imperative to deal with the SABC in a different manner.

MEMORANDUM ON THE OBJECTS OF THE BROADCASTING BILL, 1998