[25 June 2013]

Released in June 2013, the Final Report on ICASA’s Review of the Broadcasting Regulatory Framework towards a Digitally Converged Environment offers its conclusions below:

Final Report on Review of Broadcasting Regulatory Framework June 2013

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5 PART D: CONCLUSION

5.1 The broadcasting review process revealed concerns from some stakeholders who believe existing regulations, in place since 1993, might not be suitable for the digital landscape.

5.2 Other stakeholders identified a need for the Authority to shift its focus. They argued that regulations should prioritize ensuring equitable access to broadcasting services for targeted groups, such as people with disabilities, women, and youth.

5.3 Drawing on stakeholder input, the Authority has developed a regulatory program that balances social and cultural goals for South African broadcasting with the economic and technical needs of the digital environment. This program prioritizes regulations for review in short, medium, and long-term plans. We considered the public submissions, socio-economic factors, legal requirements, and the various demands we need to juggle as an Authority.

5.4 To ensure efficient and impactful reviews, the Authority will prioritize a select group of regulations identified by both stakeholders and the Authority as requiring immediate attention.

5.5 To ensure the success of digital broadcasting, the Authority will prioritize the review of Local Content Regulations in the upcoming financial year (2013/2014). Additionally, to ensure readiness for the 2014 national elections, the Elections Regulations review will also be expedited within this timeframe.

5.6 To ensure a smooth transition to digital terrestrial television (DTT), the following regulations will be reviewed in the short term: sports broadcasting, community broadcasting, subscription broadcasting, and must-carry obligations. This will provide regulatory certainty for all stakeholders in the DTT landscape.

5.7 The following regulations are deemed crucial for fostering diversity, ensuring universal access, and maintaining sector stability, and will therefore undergo review in the medium term:

Licensing framework for DTT services
Advertising, Infomercials, and program sponsorship regulations
Code of conduct for broadcasters
Regulations for private sound broadcasting services
Inquiry into Digital Radio Broadcasting Regulatory and Licensing Framework
Ownership and control regulations
Introduction of the first Free-to-Air Television Service in South Africa
Universal service and access fund regulations

5.8 Regulations for IPTV, VOD, Regional Television Broadcasting, Low Power Sound Broadcasting, Self-Help Stations, and Special Events Licenses will be reviewed in the long term. These services are seen as having the potential to foster social cohesion, ensure broader access to information, and maintain their relevance in the evolving digital broadcasting landscape.

5.9 The Authority acknowledges that other regulatory bodies are also conducting reviews. Examples include the Canadian Radio-television and Telecommunications Commission (CRTC), Australia’s Convergence Review Final Report, and the United Kingdom’s Communications Review.

5.10 To gain a comprehensive understanding of the Authority’s regulatory plans for the coming years, aligned with the government’s 2020 ICT vision, stakeholders should also consult Annexure A for a detailed list of all prioritized regulations.

5.11 The Authority is grateful for the insightful perspectives shared by stakeholders, drawing on South Africa’s unique broadcasting regulatory history. Their participation in discussions and voicing their opinions significantly enriched this process.

5.12 This report finalizes the Authority’s stance on the broadcasting regulatory framework review.

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ICASA issued an Issues Paper on the Review of the Broadcasting Regulatory Framework towards a Digitally Converged Environment on reviewing broadcasting regulations for a digital future. While the focus is on broadcasting, it may also impact electronic communications providers like internet service providers (ISPs).

The paper addresses the need to update regulations for a changing landscape:

• Broadcasting is now entirely digital.
• Content is delivered both through traditional linear channels and on-demand services.
• Access can be free or paid.
• Broadcasting content goes beyond traditional channels and is available on various platforms.

The transition from analog to digital terrestrial television (DTT) necessitates a regulatory overhaul. Similar reviews are underway in countries like Canada, Australia, and the UK. South Africa’s previous reviews (Triple Inquiry Report, 1996 & Broadcasting Act, 1999) occurred in the analog era.

• Ensure regulations promote public, commercial, and community broadcasting that:
  • Responds to public needs.
  • Offers diverse news, views, and information.
  • Provides a wide range of entertainment and educational programs, with a focus on local content.
  • Creates legal and investor certainty.

The current analog-based framework doesn’t reflect the rise of digital technologies and competition from new media services on platforms with potentially different regulations.

ICASA’s paper explores:

• The context and principles guiding the review.
• Legislative background and ICASA’s regulatory mandate.
• Digitally converged frameworks in other countries.
• Specific regulatory questions for stakeholder consideration.
• Broad regulatory policy issues for public comment.

From January to March 2012, ICASA will hold provincial consultations with stakeholders and the public.

The paper presents a neutral discussion framework for critical regulatory considerations in a digital environment. ICASA will not draw conclusions at this early stage.