- REGULATIONS RELATING TO PROCEDURES CONCERNING APPLICATIONS FOR, THE GRANTING OF AND OTHER MATTERS RELEVANT TO TEMPORARY COMMUNITY BROADCASTING LICENCES
- REGULATIONS RELATING TO THE IMPOSITION OF SOUND BROADCASTING LICENCE CONDITIONS REGARDING SOUH AFRICAN MUSIC
- REGULATIONS RELATING TO THE IMPOSITION OF SPECIFICBROADCASTING LICENCE CONDITIONS REGARDING LOCAL TELEVISIONCONTENT FOR PUBLIC AND PRIVATE TELEVISION BROADCASTINGSERVICES
- INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA
- ICASA SOUTH AFRICAN TELEVISION CONTENT REGULATIONS
- REGULATIONS RELATING TO THE IMPOSITION OF SOUND BROADCASTING LICENCE CONDITIONS REGARDING SOUTH AFRICAN MUSIC
- ICASA SOUTH AFRICAN TELEVISION CONTENT REGULATIONS
- REGULATIONS REGARDING FINES AND PENALTIES RELATING TO NON COMPLIANCE OR NON-ADHERENCE BY LICENCEES TO PROVISIONS OF THE INDEPENDENT BROADCASTING AUTHORITY ACT, REGULATIONS ISSUES THEREUNDER AND LICENCE CONDITIONS
- REGULATIONS REGARDING FINES AND PENALTIES RELATING TO NON COMPLIANCE OR NON ADHERENCE BY LICENSEES TO PROVISIONS OF THE INDEPENDENT BROADCASTING AUTHORITY ACT, THE BROADCASTING ACT,REGULATIONS ISSUES THEREUNDER AND LICENCE CONDITIONS.
- REGULATIONS RELATING TO RECORDS TO BE KEPT BY SOUND BROADCASTING LICENSEES
- REGULATIONS RELATING TO RECORDS TO BE KEPT BY TELEVISION BROADCASTING LICENSEES
- REGULATIONS RELATING TO THE CRITERIA ACCORDING TO WHICH THE SUPPORT FOR AN APPLICANT FOR A TEMPORARY COMMUNITY BROADCASTING LICENCE BY THE RELEVANT COMMUNITY OR BY THOSE ASSOCIATED WITH OR PROMOTING THE INTERESTS OF SUCH COMMUNITY SHALL BE MEASURED
- REGULATIONS RELATING TO PROCEDURES CONCERNING APPLICATIONS FOR AND THE GRANTING OF TEMPORARY BROADCASTING SIGNAL DISTRIBUTION LICENCES FOR THE PURPOSES OF THE PROVISION OF BROADCASTING SIGNAL DISTRIBUTION FOR HOLDERS OF TEMPORARY COMMUNITY BROADCASTING LICENCES
- REGULATIONS REGARDING PROCEDURES IN RELATION TO APPLICATIONS FOR TBE GRANTING, ISSUING, RENEWAL, AMENDMENT AND TRANSFER OF BROADCASTING SIGNAL DISTRIBUTION LICENCES
- REGULATIONS REGARDING THE POWERS OF THE BROADCASTING MONITORING AND COMPLAINTS COMMITTEE IN RELATION TO THE SUMMONING AND EXAMINING OF WITNESSES, THE ADMINISTERING OF THE OATH OR AFFIRMATION, RECALCITRANT WITNESSES AND THE PRODUCING OF BOOKS, DOCUMENTS, OBJECTS AND MATERIAL
- REGULATIONS RELATING TO THE PAYMENT TO THE AUTHORITY OF CHARGES AND FEES IN RESPECT OF PRIVATE SOUND BROADCASTING LICENSEES INCLUDING THE APPLICATION FOR, AND ISSUE, AMENDMENTAND RENEWAL OF SUCH LICENCES
- REGULATIONS RELATING TO THE PAYMENT TO THE AUTHORITY OFFEES IN RESPECT OF COMMUNITY SOUND BROADCASTING LICENCES INCLUDING THE APPLICATION FOR AND ISSUE, AMENDMENT AND RENEWAL OF SUCH LICENCES
- REGULATIONS RELATING TO THE PAYMENT TO THE AUTHORITY OF CHARGES AND FEES IN RESPECT OF PRIVATE TELEVISION BROADCASTING LICENSES INCLUDING THE APPLICATION FOR, AND ISSUE, AMENDMENTAND RENEWAL OF SUCH LICENCES
- REGULATIONS RELATING TO TECHNICAL STANDARDS AND SPECIFICATIONS APPLICABLE TO ALL SOUND BROADCASTING SERVICES,
- REGULATIONS RELATING TO THE CRITERIA ACCORDING TO WHICH THE SUPPORT FOR AN APPLICANT FOR A COMMUNITY SOUND BROADCASTING LICENCE BY THE RELEVANT COMMUNITY OR BY THOSE ASSOCIATED WITHOR PROMOTING THE INTERESTS OF SUCH COMMUNITY SHALL BE MEASURED
- REGULATIONS RELATING TO ADMINISTRATIVE PROCEDURES
- REGULATIONS RELATING TO THE PAYMENT TO THE AUTHORITY OF CHARGES AND FEES IN RESPECT OF BROADCASTING SIGNAL DISTRIBUTION LICENCES INCLUDING THE APPLICATION FOR, ISSUE, AMENDMENT, RENEWAL, TRANSFER OR OTHER DISPOSAL OF SUCH LICENCES AND THE PERIODICAL MAINTENANCE OF THE FORCE AND EFFECT OF SUCHLICENCES
- REGULATIONS RELATING TO THE DEFINITION OF ADVERTISING ANDTHE REGULATION OF INFOMERCIALS AND PROGRAMME SPONSORSHIP IN RESPECT OF BROADCASTING ACTIVITIES
- REGULATIONS AND GUIDELINES RELATING TO PARTY ELECTION BROADCASTS AND POLITICAL ADVERTISMENTS DURING THEELECTION PERIOD FOR THE 1999 GENERAL ELECTIONS
- TELEVISION TECHNICAL REGULATIONS
- REGULATIONS RELATING TO PARTY ELECTION BROADCASTS, POLITICAL ADVERTISEMENTS, THE EQUITABLE TREATMENT OF POLITICAL PARTIES BY BROADCASTERS LICENSEES AND RELATED MATTERS IN RESPECT OF THE 2000 LOCAL GOVERNMENT ELECTIONS
- NOTICE OF THE PUBLICATION OF THE REVISED CODE OF CONDUCT FOR BROADCASTERS
- REGULATIONS RELATING TO PARTY ELECTION BROADCASTS, POLITICAL ADVERTISEMENTS, THE EQUITABLE TREATMENT OF POLITICAL PARTIES BY BROADCASTING LICENSEES AND RELATED MATTERS IN RESPECT OF THE 2004 GENERAL ELECTION
- REGULATIONS RELATING TO REVIEW PROCEDURES TO BE FOLLOWED IN THE EVENT OF A REVIEW APPLICATION BEING BROUGHT TO THE BROADCASTING MONITORING AND COMPLAINTS COMMITTEE.
- PUBLIC REGIONAL TELEVISION BROADCASTING LICENCE FEES REGULATIONS, 2003
- REGULATIONS RELATING TO PARTY ELECTION BROADCASTS, POLITICALADVERTISEMENTS, THE EQUITABLE TREATMENT OF POLITICAL PARTIES BY BROADCASTING LICENSEES AND RELATED MATTERS IN RESPECT OF THE 2004 GENERAL ELECTIONS
- ICASA SPORTS BROADCASTING RIGHTS REGULATIONS, 2003
INDEPENDENT BROADCASTING AUTHORITY ACT 153 OF
1993
(English text signed by the State President)
[Assented To: 18 October 1993]
[Commencement Date: 30 March 1994 – unless otherwise indicated]
as amended by:
Proclamation No. 55 of 1994
Independent Broadcasting Authority Amendment Act 36 of 1995
Independent Broadcasting Authority Amendment Act 4 of 1996
Telecommunications Act 103 of 1996
Broadcasting Act 4 of 1999
Independent Communications Authority of South Africa Act 13 of 2000
Broadcasting Amendment Act 64 of 2002
NOTE:
This Act has been amended by s. 41 of the Broadcasting Act 4/99 as follows: “unless the context otherwise indicates, “broadcasting”, “broadcasting signal distribution”, “broadcasting service”, “encryption”, “private broadcasting service”, “public broadcasting service”, “community”, “broadcasting services frequency bands”, have the meaning assigned thereto in section 1 of the Broadcasting Act of 1998.”.
ACT
To provide for the regulation of broadcasting activities in the public interest; for that purpose to establish a juristic person to be known as the Independent Broadcasting Authority which shall function wholly independently of State, governmental and party political influences and free from political or other bias or interference; to provide for the representation of that Authority by and its functioning through a council, and to define the powers, functions and duties of that Authority; to provide for the devolution of powers relating to the administration, management, planning and use of the broadcasting services frequency bands to the said Authority; and to provide for incidental matters.
ARRANGEMENT OF SECTIONS
CHAPTER I
INTRODUCTORY PROVISIONS - Definitions
- Primary objects of Act
CHAPTER II
INDEPENDENT BROADCASTING AUTHORITY
3.–9. ………. - ……….
- – 12. ……….
- General powers and functions of Authority 13A. General role and powers of Minister
- ……….
- ……….
- ......
- Banking account
- ……….
- – 20. ……….
CHAPTER III
COMMITTEES, APPOINTMENT OF EXPERTS, AND INQUIRIES - Establishment of Broadcasting Monitoring and Complaints Committee
- Constitution of standing committees
- – 26. ……….
- Appointment of experts
- Inquiries by Authority 28A. Powers and procedure in relation to inquiries or hearings
CHAPTER IV
CONTROL OF THE BROADCASTING FREQUENCY SPECTRUM - Authority principally vested with powers in relation to administration, management, planning and use of broadcasting services frequency bands
- ..........
- Frequency plan
CHAPTER V
BROADCASTING SIGNAL DISTRIBUTION LICENCES - Prohibition of broadcasting signal distribution without licence
- Granting of broadcasting signal distribution licences
- Procedures in relation to granting, issuing, renewal, amendment and transfer of broadcasting signal distribution licences
- Transmitters and transmission characteristics to be approved by Authority
- General obligations of broadcasting signal distribution licensees
- Obligations of common carriers regarding provision of broadcasting signal distribution
- Terms of broadcasting signal distribution licences 38A. Limitations on foreign control of broadcasting signal distribution licensees
CHAPTER VI
BROADCASTING LICENCES - Prohibition on provision of broadcasting service without broadcasting licence
- ……….
- Application procedure in relation to broadcasting licences 41A.
- Hearings in relation to applications for broadcasting licences
- Entitlements under and conditions pertaining to broadcasting licences
- Renewal of broadcasting licences
- Public broadcasting licences
- Private broadcasting licences
- Community broadcasting licences 47A. Temporary community broadcasting licences 47B. Special savings as to certain broadcasters licensed in terms of the law of
- Transkei and Ciskei
- Limitations on foreign control of private broadcasting services
- Limitations on control of private broadcasting services
- Limitations on cross-media control of private broadcasting services
- Prohibition on granting of broadcasting licences to party political entities
- Amendment of broadcasting licences
- Imposition of specific broadcasting licence conditions regarding local television content and South African music
- Terms of broadcasting licences
- Record of programmes broadcast by broadcasting licensees
CHAPTER VII
BROADCASTING PROGRAMMES - Code of Conduct for Broadcasting Services
- Control over advertisements
- Prohibition on broadcasting of party election broadcasts and political advertisements except in certain circumstances
- Broadcasting of party election broadcasts on sound broadcasting services during election period
- Political advertising on sound broadcasting services during election period
- Equitable treatment of political parties by broadcasting licensees during election period
CHAPTER VIII
ENFORCEMENT - Broadcasting Monitoring and Complaints Committee
- Hearings held by Broadcasting Monitoring and Complaints Committee
- Recommendations of Broadcasting Monitoring and Complaints Committee
- Powers of Broadcasting Monitoring and Complaints Committee regarding findings made by Advertising Standards Authority of South Africa
- Powers of Authority in cases of proven non-compliance with Act, licence conditions or certain codes of conduct and, in limited circumstances, with Independent Media Commission Act, 1993
- 66A. Powers of Authority in relation to broadcasting signal distribution apparatus and use of television sets for certain purposes
- Offences and penalties
CHAPTER IX
GENERAL PROVISIONS - Minutes of Council and its committees
- Delegations
- Register of licences
- Records to be kept by licensees
- Authority may demand production of licensees’ books, records, etc
- Powers of authorized persons
- Transfer of licences
- Restriction on use of name or description implying connection with Authority
- Limitation of liability
- Confidentiality
- Regulations
- Application of Act
- ……….
- Liquidation
- This Act binding on State and State President
- Short title and commencement Schedule 1 .......... Schedule 2 -Instances of control of private broadcasting licensees, newspapers and
companies Schedule 3 -Continuation of existing pension rights of staff members of authority upon assuming employment Schedule 4 -Determination by lot for purposes of section 6 (2) (c)
CHAPTER I
INTRODUCTORY PROVISIONS
1. Definitions
(1) In this Act, unless inconsistent with the context
“apparatus” means any apparatus or equipment used or destined, designed or adapted to be used in connection with broadcasting;
“appointing body” means the body charged with the appointment of councillors in terms of section 4;
“Authority” means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000;
[Definition of “Authority” substituted by s. 23 of Act 13/2000]
“authorized person”, in relation to any power, function or duty to be exercised or performed for or on behalf of the Authority in terms of this Act, means any councillor or member of a committee of the Council or any staff member of the Authority duly authorized by the Council in terms of this Act to act for or on behalf of the Authority;
“broadcasting” means any form of unidirectional telecommunication intended for the public or sections of the public or subscribers to any broadcasting service having appropriate receiving facilities, whether carried out by means of radio or any other means of telecommunication or any combination of the aforementioned, and “broadcast” shall be construed accordingly;
“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;
“broadcasting licensee” means the holder of a broadcasting licence;
“broadcasting service” means a single, defined service which consists in the broadcasting of television or sound material to the public or sections of the public or to the subscribers to such service;
“broadcasting services frequency bands” means that part of the electromagnetic radio frequency spectrum which is assigned for the use of broadcasting services by the International Telecommunications Union (ITU), in so far as such assignment has been agreed to or adopted by the Republic, as well as any other additional part of the electromagnetic radio frequency spectrum determined in terms of section 29 (3A) for the use of broadcasting services, but excluding any of the broadcasting services frequency bands which have been made available for use by telecommunications users as contemplated in section 29 (4);
[Definition of “broadcasting services frequency bands” substituted by s. 127 of Act 103/96]
“broadcasting signal distribution” means the process whereby the output signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, from where it is conveyed to any geographical broadcast target area by means of a telecommunications process, but excluding the use of facilities which operate on frequencies outside the broadcasting services frequency bands;
“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 signal distribution for broadcasting purposes, or deemed by this Act to have been so granted and issued;
“broadcasting signal distribution licensee” means the holder of a broadcasting signal distribution licence;
“chairperson” means the chairperson appointed under section 5 (2) of the Independent Communications Authority of South Africa Act, 2000;
[Definition of “chairperson” substituted by s. 23 of Act 13/2000]
“community” includes a geographically founded community or any group of persons or sector of the public having a speci
INDEPENDENT BROADCASTING AUTHORITY ACT 153 OF
1993
DECIDED CASES
Chapter 5
[1999] 1 All SA 96
Section 2
1997 (3) SA 103; 2003 (5) SA 451; [1997] 1 All SA 682; [2002] 1 All SA 469
Section 2(d)
[2002] 1 All SA 469
Section 2(g)
2003 (5) SA 451
Section 2(o)
[2002] 1 All SA 469
Section 2(r)
[2002] 1 All SA 469
Section 3
[2002] 1 All SA 469
Section 3(2)
1997 (3) SA 103 [1997] 1 All SA 682 ()
Section 3(3)
1997 (3) SA 103; [1997] 1 All SA 682
Section 4
1997 (3) SA 103; [1997] 1 All SA 682
Section 4(1)
1997 (3) SA 103; 1999 (3) SA 897; [1997] 1 All SA 682; [1999] 1 All SA 96
Section 4(2)
1997 (3) SA 103; [1997] 1 All SA 682
Section 4(3)
1997 (3) SA 103; [1997] 1 All SA 682
Section 10(4)
1997 (3) SA 103; [1997] 1 All SA 682
Section 24(3)(a)
[2002] 1 All SA 469
Section 26(1)
[2002] 1 All SA 156
Section 28A
1997 (3) SA 103; [1997] 1 All SA 682
Section 41
[2002] 1 All SA 469
Section 41(5)
[2002] 1 All SA 469
Section 41(6)
[2002] 1 All SA 469
Section 41(7)
[2002] 1 All SA 469
Section 41(8)
[2002] 1 All SA 469
Section 41(10)
[2002] 1 All SA 469
Section 42
1997 (3) SA 103; [1997] 1 All SA 682; [2002] 1 All SA 469
Section 42(3)
[2002] 1 All SA 469
Section 42(3)(a)
[2002] 1 All SA 469
Section 46
1997 (3) SA 103;
[1997] 1 All SA 682
Section 46(1)
(English text signed by the State President)
[Assented To: 18 October 1993] as amended by:
Proclamation No. 55 of 1994 This Act has been amended by s. 41 of the Broadcasting Act 4/99 as follows: “unless the context otherwise indicates, “broadcasting”, “broadcasting signal distribution”, “broadcasting service”, “encryption”, “private broadcasting service”, “public broadcasting service”, “community”, “broadcasting services frequency bands”, have the meaning assigned thereto in section 1 of the Broadcasting Act of 1998.”.
ACT
To provide for the regulation of broadcasting activities in the public interest; for that purpose to establish a juristic person to be known as the Independent Broadcasting Authority which shall function wholly independently of State, governmental and party political influences and free from political or other bias or interference; to provide for the representation of that Authority by and its functioning through a council, and to define the powers, functions and duties of that Authority; to provide for the devolution of powers relating to the administration, management, planning and use of the broadcasting services frequency bands to the said Authority; and to provide for incidental matters.
ARRANGEMENT OF SECTIONS CHAPTER I
INTRODUCTORY PROVISIONS CHAPTER II
INDEPENDENT BROADCASTING AUTHORITY
3.–9. ………. CHAPTER III
COMMITTEES, APPOINTMENT OF EXPERTS, AND INQUIRIES CHAPTER IV
CONTROL OF THE BROADCASTING FREQUENCY SPECTRUM CHAPTER V
BROADCASTING SIGNAL DISTRIBUTION LICENCES CHAPTER VI
BROADCASTING LICENCES CHAPTER VII
BROADCASTING PROGRAMMES CHAPTER VIII
ENFORCEMENT CHAPTER IX
GENERAL PROVISIONS companies Schedule 3 -Continuation of existing pension rights of staff members of authority upon assuming employment Schedule 4 -Determination by lot for purposes of section 6 (2) (c)
CHAPTER I INTRODUCTORY PROVISIONS 1. Definitions
(1) In this Act, unless inconsistent with the context
“apparatus” means any apparatus or equipment used or destined, designed or adapted to be used in connection with broadcasting;
“appointing body” means the body charged with the appointment of councillors in terms of section 4;
“Authority” means the Independent Communications Authority of South Africa established by section 3 of the Independent Communications Authority of South Africa Act, 2000;
[Definition of “Authority” substituted by s. 23 of Act 13/2000]
“authorized person”, in relation to any power, function or duty to be exercised or performed for or on behalf of the Authority in terms of this Act, means any councillor or member of a committee of the Council or any staff member of the Authority duly authorized by the Council in terms of this Act to act for or on behalf of the Authority;
“broadcasting” means any form of unidirectional telecommunication intended for the public or sections of the public or subscribers to any broadcasting service having appropriate receiving facilities, whether carried out by means of radio or any other means of telecommunication or any combination of the aforementioned, and “broadcast” shall be construed accordingly;
“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;
“broadcasting licensee” means the holder of a broadcasting licence;
“broadcasting service” means a single, defined service which consists in the broadcasting of television or sound material to the public or sections of the public or to the subscribers to such service;
“broadcasting services frequency bands” means that part of the electromagnetic radio frequency spectrum which is assigned for the use of broadcasting services by the International Telecommunications Union (ITU), in so far as such assignment has been agreed to or adopted by the Republic, as well as any other additional part of the electromagnetic radio frequency spectrum determined in terms of section 29 (3A) for the use of broadcasting services, but excluding any of the broadcasting services frequency bands which have been made available for use by telecommunications users as contemplated in section 29 (4);
[Definition of “broadcasting services frequency bands” substituted by s. 127 of Act 103/96]
“broadcasting signal distribution” means the process whereby the output signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, from where it is conveyed to any geographical broadcast target area by means of a telecommunications process, but excluding the use of facilities which operate on frequencies outside the broadcasting services frequency bands;
“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 signal distribution for broadcasting purposes, or deemed by this Act to have been so granted and issued;
“broadcasting signal distribution licensee” means the holder of a broadcasting signal distribution licence;
“chairperson” means the chairperson appointed under section 5 (2) of the Independent Communications Authority of South Africa Act, 2000;
[Definition of “chairperson” substituted by s. 23 of Act 13/2000]
“community” includes a geographically founded community or any group of persons or sector of the public having a speci
INDEPENDENT BROADCASTING AUTHORITY ACT 153 OF 1993
DECIDED CASES
Chapter 5
[1999] 1 All SA 96
Section 2
1997 (3) SA 103; 2003 (5) SA 451; [1997] 1 All SA 682; [2002] 1 All SA 469
Section 2(d)
[2002] 1 All SA 469
Section 2(g)
2003 (5) SA 451
Section 2(o)
[2002] 1 All SA 469
Section 2(r)
[2002] 1 All SA 469
Section 3
[2002] 1 All SA 469
Section 3(2)
1997 (3) SA 103 [1997] 1 All SA 682 ()
Section 3(3)
1997 (3) SA 103; [1997] 1 All SA 682
Section 4
1997 (3) SA 103; [1997] 1 All SA 682
Section 4(1)
1997 (3) SA 103; 1999 (3) SA 897; [1997] 1 All SA 682; [1999] 1 All SA 96
Section 4(2)
1997 (3) SA 103; [1997] 1 All SA 682
Section 4(3)
1997 (3) SA 103; [1997] 1 All SA 682
Section 10(4)
1997 (3) SA 103; [1997] 1 All SA 682
Section 24(3)(a)
[2002] 1 All SA 469
Section 26(1)
[2002] 1 All SA 156
Section 28A
1997 (3) SA 103; [1997] 1 All SA 682
Section 41
[2002] 1 All SA 469
Section 41(5)
[2002] 1 All SA 469
Section 41(6)
[2002] 1 All SA 469
Section 41(7)
[2002] 1 All SA 469
Section 41(8)
[2002] 1 All SA 469
Section 41(10)
[2002] 1 All SA 469
Section 42
1997 (3) SA 103; [1997] 1 All SA 682; [2002] 1 All SA 469
Section 42(3)
[2002] 1 All SA 469 Section 42(3)(a)
[2002] 1 All SA 469 Section 46 1997 (3) SA 103; Section 46(1)
[Commencement Date: 30 March 1994 – unless otherwise indicated]
Independent Broadcasting Authority Amendment Act 36 of 1995
Independent Broadcasting Authority Amendment Act 4 of 1996
Telecommunications Act 103 of 1996
Broadcasting Act 4 of 1999
Independent Communications Authority of South Africa Act 13 of 2000
Broadcasting Amendment Act 64 of 2002
NOTE:
[1997] 1 All SA 682