| Introduction | | | | Fourie argues that "The narrow articulation of the |
| This paper discusses the concept of delegated | | | | public interest by the previous government was |
| media regulation within the context of | | | | also clearly reflected in telecommunications policy |
| broadcasting in South Africa. It briefly discusses | | | | formulation and the implementation of this policy |
| the history of media regulation during the | | | | under apartheid." As in broadcasting and print |
| apartheid period; the transformation of | | | | media, freedom to better services and access to |
| broadcasting media from an authoritarian | | | | this sector featured strongly in its policy |
| government, to a liberalised media, the impact of | | | | formulation; also the application of universal |
| the transformation with regards to internal media | | | | service as a policy instrument reflected the |
| policies; focusing mostly in broadcasting media | | | | historical inequalities of the South African society |
| policy. The paper will then discuss the formation | | | | (Fourie, 2001). |
| of independent regulatory agencies by | | | | The rise to democracy saw South Africa taking |
| government as delegated bodies; to monitor | | | | cognisance of the international trends; which |
| broadcasting media. These include the | | | | included the deregulation of the |
| Independent Broadcasting Act of 1993 (IBA), the | | | | telecommunications and broadcasting, and the |
| South African Telecommunications Regulatory | | | | phasing out of monopolies. Also technological |
| Authority (SATRA) and the merger to the | | | | developments which include convergence between |
| Independent Communications Authority of South | | | | broadcasting and telecommunications impacted on |
| Africa (ICASA), the Broadcasting Complaints | | | | the regulation of both sectors. |
| Commission of South Africa (BCCSA), and the | | | | The emergence of the first democratic elections |
| existence of the Media Diversity and | | | | in South Africa also lead to the transformation of |
| Development Agency (MDDA). In discussing these | | | | the SABC as a public broadcaster; thus the |
| bodies, the paper will look at the role played by | | | | formation of the Independent Broadcasting Act |
| these organisations in regulating broadcasting | | | | (IBA)1993, and the South African |
| media, and the impact they have in the | | | | Telecommunications Regulatory Authority of 1996. |
| development and monitoring of broadcasting | | | | SATRA was established as an independent body |
| media. | | | | to regulate the telecommunications industry. Also |
| Brief History | | | | as the independent regulator SATRA had to |
| Apartheid affected every single aspect of South | | | | balance the interests of consumers, and the |
| Africa, including the media. Laws that regulated | | | | stakeholders in Telkom as well as the market |
| the media were tailor-made to restrict freedom | | | | participants. The formation of these two bodies |
| of expression and subject the media to the | | | | was due to the need to ensure the development |
| extremes of the apartheid government. Before | | | | of the media in areas of public broadcasting, |
| the rise of democracy, South Africa showed | | | | commercial and community broadcasting, and |
| essential features of aristocracy; which consisted | | | | lastly to guard against internal media policy. |
| of whites, Indians and coloured people nominated | | | | As part of the transformation the IBA called for |
| to the legislative assembly. The ideology of | | | | the Triple Inquiry, which stated that the |
| apartheid brought division among the South | | | | independence of the media is a central public |
| African society along racial lines. The divisions in | | | | principle which ensures editorial freedom (Triple |
| society and domination of the majority by the | | | | Inquiry Report, 1995). In 1995 the government |
| minority were reflected in policy formulation; | | | | indicated that it "fully recognised and accepted the |
| which included stipulations that restricted the | | | | role of the media to be a critical commentator on |
| media (Fourie, 2004: 168). This was evident as the | | | | government activity in the country" and that "the |
| government exercised its powers in the | | | | media should be beyond the control of |
| broadcasting media. When the SABC was | | | | government" (Johnson, 1996: 297, sited in Steyn). |
| established in parliament, it was said to be the | | | | The IBA was subsequently merged with SATRA |
| public broadcaster; but this was not the case. | | | | in 2000 to form the Independent Communications |
| Because of political philosophies related to the | | | | Authority of South Africa (ICASA). The merger |
| political values of the society and those in power | | | | was to ensure effective and seamless regulation |
| at the time, the SABC was the state broadcaster | | | | of the telecommunications and the broadcasting |
| and not a public broadcaster; and as a result was | | | | sectors as well as to accommodate the |
| said to be the apartheid state's most powerful | | | | convergence of technologies. Through the |
| propaganda tool Dennis Jjuuko (2005: 3). | | | | formation of this independent regulatory body, it |
| According to Jjuuko "The assumption to political | | | | was then decided that editorial independence |
| power by the National Party in 1948 meant the | | | | together with internal media policies were of |
| Afrikanerisation of the SABC, which was achieved | | | | outmost importance; that the broadcaster (using |
| largely through controls of the board." Jjuuko | | | | the SABC as an example) should safeguard its |
| continues to say that during this time the SABC | | | | editorial independence to ensure its credibility as a |
| had to play a "significant role in the politics of the | | | | national source of reliable and regular information. |
| day, with no space to make independent editorial | | | | As the democracy years rolled over, successive |
| decisions." This particularly had a negative impact | | | | ministers of communication attempted to claw |
| on the importance on the SABC's internal policies. | | | | back some of the forfeited control over |
| As a result the SABC was referred to as "his | | | | electronic communications, and correspondingly |
| master's voice", as it gave the government a | | | | reduce some of the independence for the players |
| platform to articulate the apartheid ideology, to | | | | involved. This trend has also been in broadcasting. |
| control the people of South Africa; particularly | | | | "Government has felt that SABC has been law |
| blacks. | | | | unto itself in deciding how to deliver on, and be |
| In support of this argument, one of the main laws | | | | accountable for, its legally enshrined mandate" |
| that restricted media freedom was the one that | | | | (Berger, 2005). This is what led to the introduction |
| reduced the broadcast/publication of activities of | | | | of editorial policies in the SABC, which was initiated |
| anti-government black groups. Fourie (2004) | | | | by the Broadcasting Amendment Bill of 2002. In |
| argues that from the apartheid laws "one can | | | | embracing the importance of these internal media |
| deduce that the public interest was very narrowly | | | | policies; parliament declared the independent |
| defined. (That) Many laws/policies of the apartheid | | | | regulator ICASA; which works at arms length |
| regime only made provision for the interest of | | | | from the government to approve them. |
| the minority and the security for their dominant | | | | ICASA derives its mandate from ICASA Act of |
| position." | | | | 2000, the Independent Broadcasting Act of 1993, |
| Even though freedom of speech was in the | | | | Broadcasting act of 1999, and |
| constitution, it was not enshrined in the Bill of | | | | Telecommunications Authority Act of 1996. |
| Rights, thus media freedom was not guaranteed. | | | | ICASA's mandate includes the regulation of |
| According to Fourie government/external policies | | | | broadcasting in the public interest, and to perform |
| forced the media to operate in a very restrictive | | | | adjudication functions. As part of delegated media |
| legal framework; with more than 100 laws that | | | | regulation, ICASA works hand-in-hand with the |
| restricted the conduct of journalists as well as | | | | Broadcasting Complaints Commission of South |
| media content. Government had the right to ban | | | | Africa. The BCCSA was set up by National |
| publications and to insist on the approval of media | | | | Association of broadcaster of Southern Africa in |
| content before publication. This made the | | | | 1993 to adjudicate and mediate complaints against |
| reporting of misconduct of government officials | | | | broadcasters/broadcasting licence holders. |
| very difficult; and criticising the state was out of | | | | ICASA also ensures fairness and diversity of |
| the question. | | | | views broadly representing South African society. |
| 2. Transformation of broadcasting media | | | | One of its objectives is to ensure that in the |
| The transition to democracy during the mid 1990s | | | | provision of broadcasting services, the needs to |
| raised questions on how to transform the media | | | | language, cultural and religious groups, and the |
| as an organ of "racist ideology into a forum of | | | | need of educational programmes, are taken into |
| the advancement of national unity and equality" | | | | consideration (ICASA Position Paper 2000). It also |
| (Ashley Dawson). The transformation of the | | | | promotes and encourages ownership and control |
| media incorporated issues of deregulation, | | | | of telecommunications and broadcasting services |
| liberalisation, diversification, industrialisation, | | | | from historically disadvantaged groups. Again |
| convergence and privatisation. Also to be taken | | | | ICASA works with the Media Diversity and |
| into account were economic issues, social and/ | | | | Development. Agency which also ensures the |
| cultural issues, which include nationalism, local | | | | empowerment of previously disadvantaged |
| languages and cultural diversity; political | | | | groups. |
| issues-focusing on freedom of expression and | | | | 3.2 The Media Diversity and Development Agency |
| freedom of speech, as well as the control and | | | | After the 1994 democratic elections, the media in |
| regulation of the media. | | | | South Africa was still not reflective of the |
| Early 1990, the National Party saw itself being | | | | country's diversity. The legacy of apartheid still |
| influenced to take a liberal policy route in its | | | | played itself in various spheres of society, including |
| broadcasting policies. This was due to the | | | | the media, where the nature of the public |
| formation of a Task Group which was led by | | | | discourse was shaped by patterns of ownership |
| Professor H.C Viljoen, on Broadcasting in South | | | | and control, such that the poor and disadvantage |
| Africa. The findings of the Task Group were not | | | | remained marginalised. The White Paper on |
| at all in favour of the apartheid government | | | | Broadcasting Policy, 1998 concluded that, "Society |
| broadcasting policies. The recommendations were | | | | benefits from free, independent, and pluralistic |
| of a programming that "would cater for all | | | | media." It was then decided that a supportive |
| sections of the general public" (Jjuuko, 2005). In a | | | | policy environment was required; and in achieving |
| place of serving government, the SABC was to | | | | this Government committed itself to corrective |
| serve the public. The findings were clearly | | | | action. |
| influenced by a functionalist paradigm and not | | | | This was due to the need to rectify the wrongs |
| power as was the case before. | | | | inflicted by apartheid in media development and |
| Early 1994, the National Party (NP) and the | | | | diversity. Government took an initiative to set up |
| African National Congress (ANC) agreed for the | | | | an independent agency that will address problems |
| "SABC not to be used as a tool for political abuse" | | | | of the media development and diversity in the |
| (Berger, 2004). Pressures rose as media | | | | country and provide assistance through loans and |
| practitioners were threatened by police and | | | | subsidies to the marginalised groups (MDDA |
| political activists, trying by all means to interfere | | | | position paper, November 2000). The MDDA's |
| with internal media policies and decisions. Media | | | | mandate is to promote diversity and development |
| freedom was then enshrined in the constitution, | | | | in print, broadcasting and new media. It works |
| as the right to information and freedom of | | | | with bodies dealing with Telecommunications, |
| speech. | | | | licensing and film. Also develops policies that are |
| Internal media policy | | | | informed by ongoing research and evaluation. |
| Internal policy can not be excluded from the | | | | 4. Conclusion |
| external policy framework, for it is always | | | | It is of common knowledge that freedom of |
| formulated within the parameters of the external | | | | expression is one of the hallmarks of democracy; |
| framework. This is due to the link between the | | | | which requires a media that is free from state |
| media, economic and political structure of a | | | | control. Before the democratisation of South |
| country. Fourie (2001:190) states that "Internal | | | | Africa, the South African government was |
| media policy formulation takes place within the | | | | empowered to control the media, to limit free |
| structure and operation of a medium itself. (And | | | | speech as it pleased. During this time newspapers |
| that) Gatekeepers are generally responsible for | | | | were closed down, and anything that seemed to |
| policy formulation on this level." | | | | be giving voice to the voiceless, being a novel or |
| A new political dispensation in South Africa | | | | a film, it was banned. Press freedom was at this |
| impacted on the internal policy formulation of | | | | time described as having "its left leg in plaster, its |
| South Africa's public broadcaster. There were also | | | | right arm in a sling a patch over the left eye, |
| changes in the legal framework in the country, as | | | | deafness in the right ear, a sprained ankle and a |
| the media could not broadcast nor publish certain | | | | number of teeth knocked out" (Joel Merwis, 1979, |
| information. "The unbanning of political | | | | in Berger 2004). |
| organisations and political leaders in 1990 had an | | | | In redressing the historic imbalances caused by |
| immediate impact on media internal policy" (Fourie). | | | | the apartheid policies, government saw it |
| This was due to the fact that the apartheid news | | | | necessary to free the airwaves by delegating |
| policy specified that the SABC would not offer a | | | | media regulation to independent bodies. This was |
| platform to opposition parties (Fourie, 2001). After | | | | and still is a way of ensuring democracy in the |
| 1990, the media experienced a more liberal | | | | media sector. The telecommunications Green |
| working environment as the laws that restricted | | | | paper stipulates that, "telecoms is an important |
| the media were amended; living more room for | | | | means of building democracy by giving citizens |
| internal media policy. | | | | access to the information and telecommunications |
| As media democracy was in transition, | | | | services that enable them to participate |
| government saw a need to delegate control to | | | | effectively in the decision-making process of |
| independent regulatory bodies to deal with media | | | | society," thus the formation of SATRA to guard |
| policy. These independent bodies would perform | | | | against government interference. |
| duties of allocation of frequency spectrum and | | | | ICASA and the MDDA also work hand-in-hand to |
| licensing, the monitoring of broadcasters' | | | | ensure that "the central public interest principle in |
| compliance with licence conditions, including content | | | | broadcasting is that of universal access, that |
| issues and competition, as well as protecting and | | | | there is a diverse range of language, religious, and |
| upholding the editorial and programming | | | | cultural programming," (MDDA, 2005). One can |
| independence of all broadcasters. All these | | | | conclude and say the independent regulators are |
| changes were inevitably going to have an impact | | | | working towards harmonising dysfunctions; which |
| on both the power and importance of internal | | | | can include opportunities for small media |
| media policies over government external policies in | | | | companies, challenges or problems around media |
| both print and broadcasting media. | | | | policies to improve the functioning of broadcasting |
| 3. Independent regulatory bodies | | | | media as a whole. |
| 3.1 SATRA - IBA - ICASA | | | | |