Chapter 1 Of Broadcasting RSA Regulations

Chapter 1 Of Broadcasting RSA Regulations

This Chapter sets out the fundamental principles and objects of this Act. Freedom of expression and the journalistic, creative and programming independence of the broadcasters and independence of regulation are identified as guaranteed by the Constitution. These principles recognize that the South African broadcasting system comprises public, commercial and community elements which make use of the radio frequencies that are public property and provides, through its programming, a public service necessary for the maintenance of South African identity, universal access,
equality, unity and diversity. This Chapter also contains definitions explaining the meaning of certain words for the purpose of the Act and provisions regarding the interpretation of the Act. Definitions and interpretation

  1. (I) In this Act, unless the context otherwise indicates, radio, sound broadcasting service and television set have the meaning assigned thereto in the IBA Act, and-
    (i) “Advisory Body” means the South African Broadcast Production Advisory Body established in terms of section 38 of this Act;
    (ii) “appointing body” means the body charged with the appointment of members of the Board in terms of section 13 of this Act;
    (iii) “Authority” means the Independent Broadcasting Authority established by
    section 3 of the IBA Act; 30
    (iv) “Board” means Board of South African Broadcasting Corporation Limited;
    (v) “broadcaster” means any legal or natural person who composes or packages
    or distributes television or radio programe services for reception by the
    public or sections of the public or subscribers to such a service irrespective of
    technology used; 35
    (vi) “broadcasting” means any form of unidirectional telecommunications
    intended for the public, sections of the public or subscribers to any
    broadcasting service having appropriate receiving facilities, whether carried
    by means of radio or any other means of telecommunication or any
    combination of the aforementioned, and “broadcast” is construed accord- 40
    (vii) “broadcasting licence” means a licence granted and issued by the Authority in
    terms of this Act to a person for the purpose of providing a defined category
    of broadcasting service, or deemed by this Act to have been so granted and
    issued; 45
    (viii) “broadcasting licensee” means the holder of a broadcasting licence;
    (ix) “broadcasting service” means any service which consists of the broadcasting
    of television or sound broadcasting material to the public, sections of the
    public or to subscribers to such a service but does not include-
    ( a) a service (including text service) that provides no more than data, or no 50
    more than text (with or without associated still images);

(b) a service that makes programmes available on demand on a pointto-point basis, including a dial-up service; and
( c) a service or a class of service that the Minister determines, by notice in
the Gazette, not to fall within this definition;
(x) “broadcasting services frequency bands” means that part of the electromag- 5
netic radio frequency spectrum which is allocated for the use of broadcasting
services by the International Telecommunications Union (ITU), in so far as
such allocation has been agreed to or adopted by the Republic;
(xi) “broadcasting signal distribution” means the process whereby the output
signal of a broadcasting service is taken from the point of origin, being the 10
point where such signal is made available in its final content format, from
where it is conveyed to any broadcast target area by means of a telecommunication process and includes multi-channel distribution;
(xii) “broadcasting signal distribution licence” means a licence granted and issued
by the Authority in terms of this Act to a person for the purpose of providing 15
signal distribution for broadcasting purposes, or deemed by this Act to have
been so granted and issued;
(xiii) “broadcasting signal distribution licensee” means the holder of a broadcasting signal distribution licence;
(xiv) “channel” means a single defined television programming service of a 20
licensee other than a video on demand programming service;
(xv) “commercial broadcasting service” means a broadcasting service operating
for profit or as part of a profit entity but excludes any broadcasting service
provided by a public broadcasting licensee;
(xvi) “common carrier” means a service for broadcasting signal distribution as 25
provided by Sentech Limited, established in terms of the Sentech Act, 1996;
(xvii) “Companies Act” means the Companies Act, 1973 (Act No. 61 of 1973);
(xviii) “community” includes a geographically founded community or any group of
persons or sector of the public having a specific, ascertainable common
interest; 30
(xix) “community broadcasting service” means a broadcasting service which-
( a) is fully controlled by a non-profit entity and carried on for non-profitable
(b) serves a particular community;
(c) encourages members of the community served by it or persons 35
associated with or promoting the interests of such community to
participate in the selection and provision of programmes to be broadcast
in the course of such broadcasting service; and
(d) may be funded by donations, grants, sponsorships or advertising or
membership fees, or by any combination of the aforementioned; 40
(xx) “Corporation” means the South African Broadcasting Corporation Limited
established in terms of section 7 of this Act;
(xxi) “Department” means the Department of Communications;
(xxii) “direct to home broadcasting” means broadcast via satellite directly to
individual users and includes multi-channel satellite distribution; 45
(xxiii) “encryption” means a method for changing a broadcasting signal in a
systematic way so that the signal would be unintelligible without a suitable
receiving equipment;
(xxiv) “free-to-air service” means a service which is broadcast without encryption
and capable of being received on universal receivers without payment by the 50
end user to the broadcaster and without the use of receiving equipment;
(xxv) “IBA Act” means the Independent Broadcasting Authority Act, 1993 (Act No.
153 of 1993);
(xxvi) “incorporation date” means the date on which the Corporation is incorporated
into a public company and issued with a certificate to commence business; 55
(xxvii) “licence area” means the geographical target area of a broadcasting service as
specified in the relevant broadcasting licence;
(xxviii) “licensee” means the holder of any licence granted and issued under this Act
or deemed by this Act to have been so granted or so issued;
(xxix) “local content” has a meaning similar to the meaning set out in section 53 of 60
the IBA Act;

Object of Act

  1. The object of this Act is to establish and develop a broadcasting policy in the
    Republic in the public interest and for that purpose to-
    ( a) contribute to democracy, development of society, gender equality, nation
    building, provision of education and strengthening the spiritual and moral 5
    fibre of society;
    ( b) safeguard, enrich and strengthen the cultural, political, social and economic
    fabric of South Africa;
    ( c) encourage ownership and control of broadcasting services through participation by persons from historically disadvantaged groups; 10
    ( d) ensure plurality of news, views and information and provide a wide range of
    entertainment and education programmes;
    ( e) cater for a broad range of services and specifically for the programming needs
    in respect of children, women, the youth and the disabled;
    (f) encourage the development of human resources and training, and capacity 15
    building within the broadcasting sector especially amongst historically
    disadvantaged groups;
    ( g) encourage in vestment in the broadcasting sector;
    (h) ensure fair competition in the broadcasting sector;
    (i) ensure efficient use of the broadcasting frequency spectrum; 20
    (j) provide a clear allocation of roles and assignment of tasks between policy
    formulation, regulation and service provision as well as articulation of
    long-term and intermediate-term goals;
    (k) provide for a three tier system of public, commercial and community
    broadcasting services; 25
    ( l) establish a strong and committed public broadcasting service which will
    service the needs of all South African society;
    (m) ensure that the commercial and community licences, viewed collectively, are
    controlled by persons or groups of persons from a diverse range of
    communities in South Africa; 30
    (n) ensure that broadcasting services are effectively controlled by South Africans;
    ( o) integrate multi-channel distribution systems into the broadcasting framework;
    (p) provide access to signal distribution services for content providers;
    (q) provide access to signal distribution services for broadcast content receivers;
    ( r) encourage the development of local programming content. 35

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