12 Ict Policy Review

Broadcasting Services in the Digital Age Introduction Convergence and technological changes pose particular challenges to traditional approaches to broadcasting regulation. Increased access to high speed affordable broadband will increasingly and fundamentally change the way audiences access audio- visual content. People will be able to watch and listen to a range of television- and radio-like content on a variety of platforms and devices – and be able to create and distribute their own content via the internet. As new technologies develop and become more pervasive, audiences will be able to watch broadcasting-like content distributed and developed by international and South African organisations and companies on their computers, mobile phones, tables and other connected devices. With the introduction of internet enabled televisions, set top boxes (STBs) and gaming devices, this content will also be able to be viewed on television screens. Traditional broadcasters will face increasing competition for content, audiences, advertising and revenue from other players (including internet companies and network operators). These technological changes pose both opportunities and threats. On the one hand it will enrich diversity and allow South Africans to access news, information and entertainment programming from a range of different sources (local and international) and enable South Africans to tell their stories to an international audience. On the other hand, the need to ensure all audiences access to public interest content reflecting the cultural, social and linguistic diversity of the country could be threatened as traditional broadcasters will face increasing competition. The new framework must be flexible enough to anticipate the challenges and opportunities so that the overarching public objectives set for the sector can be realised. This section of the Green Paper identifies some of the key issues facing television and radio services given technological changes. It poses questions about what policy approaches would best ensure that the critical social, cultural and political objectives determined can be achieved. Many other countries have adapted or are reviewing their broadcasting policy frameworks in light of convergence and digitisation. Australia, the UK, Canada, Singapore and the European Union are among these. While these countries have adopted different approaches, based on their own political, economic and social contexts and their particular public policy objectives, all have focused on how, in the changing environment, to continue to: Ensure access to diverse content for all, including locally produced public interest programming, Promote diversity of ownership and control of content services and limit media concentration; Ensure fair competition between different content services; and Protect audiences from illegal content; ensure community standards are agreed on and met and that children are protected from harmful content. Core questions focused on in these reviews include: What content services should be regulated? How should they be regulated? Where is there still a need for government/regulatory intervention to achieve clearly identified objectives? 1 Key Underlying Principles As highlighted in Chapter 2, responses from stakeholders to the Framing Paper confirmed that the core principles and objectives that underpin the current broadcasting regulatory framework remain relevant. These include: Freedom of expression for all; Universal access to a range of services (including national and local public, commercial and community stations and channels); The right to create, disseminate and access a range of compelling content in the language/s of choice; The right to access a range of news, information, opinion and analysis to facilitate informed participation in society; and The need to protect children from harmful content and for broadcasters to abide by agreed upon content standards. (See section 2.1.2) Key Policy and Regulatory Developments Since the White Paper was Launched This section highlights key policy and regulatory developments since the adoption of the White Paper in 1998. It is not intended to be an exhaustive summary of developments but highlight key changes. 1998 – The Department of Communications launched its Community Radio Support Programme – providing support to the sector for, among other things, programming, infrastructure and subsidies for Sentech signal distribution costs. Between 2001 and 2013, the DoC allocated over R326,4m to this project. This excludes funding allocated to the National Electronic Media Institute of South Africa (Nemisa) for training of stations and in house training conducted by the Department. Government has made separate contributions to the sector since 2003 via the MDDA (see below). 1999 – The Broadcasting Act, no 4 of 1999 is promulgated – amending laws in line with the White Paper. The then IBA publishes a Code of Conduct for broadcasters setting out, among other things, a code to protect children, and providing audience advisories. It was revised in 2009 2000 – the Independent Broadcasting Authority was merged with the South African Telecommunications Regulatory Authority to form the Independent Communications Authority of South Africa 2002 – ICASA published new regulations on South African music and television content (amended in 2006). Overall South African television quotas increased to 55% for public and community television, 35% for commercial free-to-air channels and 10% for terrestrial pay-tv services. Satellite subscription services have to ensure that at least 10% of their channel acquisition budget is spent on channels with South African content that are compiled and uplinked from South Africa. A number of genre specific quotas were also reviewed for the different services. ICASA is currently reviewing the South African content regulations. 2003 – The Media Development and Diversity Agency is launched as a statutory body, funded as a public-private partnership, to provide financial and other support to community and small commercial media. ICASA issued regulations setting out which sporting events are regarded as sports of national interest and the terms under which these should be aired free-to-air. The Regulations on Sports Broadcasting Rights were replaced in 2010 by new regulations. The regulator published a policy position paper on regional television. In summary, the Paper stated that ICASA was of the view that the market could not at that time sustain commercial regional television services. However, the regulator outlined the requirements to be given to public regional television channels. In 2005, ICASA 2 granted licences for these two services (SABC 4 and 5), but stated that it would only issue these once funding was secured. No funding was ever secured for the two channels. 2004 – ICASA issued a Position Paper on the Review of Ownership and Control of Broadcasting Services. The regulator recommended a number of proposed changes to the legislative requirements regarding ownership and control limitations, including those on foreign ownership, ownership and control of services and cross-media control. 2005 – The Electronic Communications Act is passed. Among other things, the ECA provided for a registration rather than full licensing process for community broadcasters and introduced processes that the regulator must follow to ensure fair competition among broadcasters. SABC radio and television services are issued with licences under the Broadcasting Act. These are converted under the EC Act in 2010. ICASA issued a Position Paper on Subscription television. Among other things, the policy paper outlined the minimum licence conditions that would be set for pay-tv broadcasters, and stipulated that there would be no open-time on FTA broadcasters for subscription services (M-Net was at the time given open time on SABC services in terms of its licence though this provision was revoked in a licence renewal in line with the new policy). The policy also stated that ICASA would recommend to the Minister that provisions limiting cross media control of broadcasting not be extended to pay-tv services. 2008 – The Minister of Communications issues the Broadcasting Digital Migration Policy setting out key policies governing the migration from analogue to digital terrestrial television. The policy was amended in August 2011. ICASA issued revised regulations on DTT in December 2012. ICASA published ‘must carry’ regulations setting out the terms and conditions under which subscription services must carry SABC public broadcasting channels as required by the White Paper on Broadcasting. 2010 – The regulator published standard terms and conditions for individual and class broadcasting services under the ECA. ICASA published a Position Paper outlining its policy approach to video-on-demand (VOD) and Internet Protocol Television (IPTV). In this paper, the regulator stated that in its view IPTV fell under the definition of a broadcasting service in the ECA and thus would require a broadcasting licence, but VOD did not. It stated that it would approach the Minister with recommendations, including a regulatory framework for content services. The Future This section highlights key emerging issues to be considered in reviewing current broadcasting related policies and legislation. The issues identified are not exhaustive – and members of the public are encouraged to raise through submissions, other areas that in their opinion should be considered in the policy review

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