Broadcasting Policy - community radio as a category of broadcasting services

1. Broadcasting Policy - community radio as a category of broadcasting services Presented by : Lumko Mtimde Chief Executive Officer Media Development and Diversity Agency At the breakfast meeting with Members of Parliament and NBB Hosted by FES and MISA Botswana 28 November 2006

2. Map of South Africa

3. MDDA Background • In 1995, the community media sector met in Cape Town under the banner of a conference called “Community Media 2000”. Among its recommendations was a formation of an “Enabling Support Mechanism” or “Media Development Agency”.

4. Background (cont) • In 1996, the then Deputy President Mbeki established a Task Group on Government Communications (COMTASK) led by Mr Mandla Langa. • The community media sector led by the National Community Media Forum (NCMF) in its submission to the Comtask recommended the establishment of the Media Development Agency.

5. Background (cont) • In its report “Communications 2000 – A vision for government communications in South Africa”, COMTASK recommended that government facilitate the process of setting up a statutory recognised media development agency for the dispensing of subsidies to the sector. (Comtask Final Report, Recommendation 79).

6. About MDDA • Section 16 and 32 of the Constitution Act provides for freedom of expression and access to information. • The MDDA Act provides for a statutory body entrusted with the responsibility of promoting media development and diversity in S.A. by providing financial and other support to community (non profit) and small commercial media projects.

7. Mandate The MDDA should: • “…(C)reate an enabling environment for media development and diversity … which reflects the needs and aspirations of all South Africans; • “ Redress exclusion and marginalisation of disadvantaged communities and persons from access to the media and the media industry; • “Promote media development and diversity by providing support primarily to community and small commercial media projects…” . (Preamble MDDA Act no 14 of 2002)

8. Vision Each and every South African citizen should have access to a choice of a diverse range of media

9. Mission The MDDA is a development agency that will assist in building an environment where a diverse, vibrant and creative media flourishes and reflects the needs of all South Africans.

10. Corporate Governance • The MDDA is governed by a Board of Directors, appointed in terms of the MDDA Act. It operate an independent body, expected through the MDDA Act to be impartial and to exercise its powers, perform its duties without fear, favour or prejudice, and without any political or commercial interference. (Section 4, MDDA Act).

11. Corporate Governance • The law demands of the Agency not to interfere in the editorial content of the media, it provides support to. • The Agency acts through the Board, which may delegate its functions to the Chief Executive Officer. • It is accountable to the Minister responsible for GCIS and Parliament. • The Agency is also accountable in accordance with the PFMA Act, PAJA Act, PAIA Act and MDDA Act, amongst others.

12. Broadcasting Landscape –An Industry Structure • Policymaker and legislature – Government and Parliament • Regulator – ICASA (S.A.), NBB (Botswana), TCRA (Tanzania), HAAC (Benin), CSI (Burkina Faso), NMC (Ghana), HCC (Mali), etc. • Law • Code of conduct for broadcasting services • Regulations • Self-regulation • Applications – Three-tiers (Public, Commercial and Community category, including Community Radio)

13. A South African experienceFrom 1980’s to 2006 • Struggles for recognition – legislative and regulatory framework • From protests to ICASA’s regulated regime • Community Radio Role-players – some advocacy and service providing players • NCRF • ACB • IFRB • NAB • IAJ • Bush Radio • Radio Freedom Institute • ABC Ulwazi • Rhodes University • COSATU / SANCO / ANC • CIB / COM • Etc.

14. A South African experienceFrom 1980’s to 2006

15. A South African experienceFrom 1980’s to 2006

16. A South African experienceFrom 1980’s to 2006

17. A South African experienceFrom 1980’s to 2006

18. A South African experienceFrom 1980’s to 2006

19. A South African experienceFrom 1980’s to 2006 • Community Radio support organisations – some funders (plse note – this is just a sample, the list is not exhaustive) • FES • AusAid • IMDT • CAF • OSF • Swedish CIDA • CIDMAA • EMW • UNESCO • British Council • French Gvt • EU • USAID/USIS • NIZA and others…. • And the subsequent funds from DANIDA and the SA Government and OSF support directly to stations

20. Post 1994 South Africa- Opportunities • Local Government • Some municipalities support community radio in their areas – financially, infrastructure, etc. • Multi-purpose Community Centre's / Batho Pele Community Service Centre's accommodate community radio • Making use of advertising opportunities in community radio • Provincial Government • Making use of advertising opportunities in community radio

21. Post 1994 South Africa- Opportunities • National Government • Making use of advertising opportunities in community radio • MDDA • NEMISA • MAPPSETA • DoC • Partnership with other Gvt. Depts • Digital broadcasting • Regulator • Recognition of community radio, as a separate category • Reduced applications fees • No license fees for community radio • Enabling and supportive regulatory framework

22. Post 1994 South Africa- Success stories • Community radio as a source of information – education, elections, health, labour, etc. • Community radio role in empowering citizens, with skills • Community radio as promoter of people driven and participatory democracy • Increased listenership of community radio countrywide

23. Broadcasting history in S.A. Pre 1993 1993 • Regulated via the then Apartheid’s Government, Department of Posts and Telecommunication, and to some extent self-regulation. • IBA Act established a functionally independent and impartial regulator, the IBA, for broadcasting and signal distribution, in the public interest. • The Interim Constitution No. 200 of 1993 guaranteed this independency. 1996 • Telecommunications Act established the SATRA to regulate telecommunications in the public interest. • Minister retained various policy-making powers, more importantly certain licensing functions and a veto power on all telecommunications regulations. • Constitution Act No. 108 of 1996 re-enforced the IBA. • 1999, enactment of the Broadcasting Act providing a new broadcasting policy and legislative framework. 2000 • Anticipating convergence of technologies - the two regulators (IBA and SATRA) were merged into a single regulator, ICASA, in terms of the ICASA Act • Retained the independence character enshrined in the Constitution Act. • 2006, Electronic Communications Act of 2005

24. Broadcasting history in S.A. • Prior to 1994 • SABC run as a state broadcaster, mouthpiece of the Nationalist Party regime. • 702 Radio, Capital Radio and the homeland broadcasters (TBVC stations) • No other private broadcasters and no community broadcasters • No policy and proper legislative framework • 1994 and post 1994 • Transformation of SABC • Establishment of the IBA • Protection of the independence of the regulator through the Constitution and the Act.

25. S.A. Regulatory Framework – mandate and core functions • 1993 and 1996 Constitution Act of S.A. • Section 192 provides that national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society • ICASA is the independent authority to regulate broadcasting and telecommunications in the public interest • ICASA’s mandate is to perform duties and exercise powers under: • the Telecommunications Act of 1996, re - telecommunications • the IBA Act of 1993 and the Broadcasting Act of 1999, re - broadcasting • from 19 July 2006, the Electronic Communications Act of 2005, which repeals the above laws except the Broadcasting Act. • In respect of broadcasting matters, ICASA remained functionally independent, in respect of its licensing and regulatory powers, whereas in telecommunications matters the Minister retained some licensing powers and veto powers on regulations developed by the Authority. • Electronic Communications Act (ECA) strengthens ICASA’s licensing and regulatory powers over the entire electronic communications sector.

26. Regulatory Framework – mandate and core functions • Electronic Communications Act (ECA) strengthens ICASA’s licensing and regulatory powers over the entire electronic communications sector. • Replacement of the existing telecommunications and broadcasting licensing frameworks with a single licensing regime; • Enhancement of the Authority's competition powers in terms of dispute settlement and significant market power determinations.

27. Regulatory Framework – legislative foundation • Policy and regulatory development by ICASA in the sector is informed by, amongst others,: • The Constitution, Act 108 of 1996 (as amended) • Independent Broadcasting Authority Act, No. 153 of 1993 (as amended) repealed by ECA • IBA’s Triple Inquiry Report, 1995 • White Paper on Broadcasting Policy, 1998 • Broadcasting Act, No. 4 of 1999 (as amended) • Independent Communications Authority of South Africa Act, No. 13 of 2000 (as amended) • Broad-Based Black Economic Empowerment Act, No. 53 of 2003 • Telecommunications Act, No. 103 of 1996 (as amended) repealed by ECA • Films and Publications Act, No 65 of 1996 (as amended) • Draft ICT BBEE Charter, 2005 • Competition Act, No. 89 of 1998 (as amended) • Promotion of Administrative Justice Act (as amended) • Electronic Communications Act of 2005 (ECA) from 19 July 2006

28. Role of the Regulator- S.A. experience • 1994 and post 1994 • ICASA regulates in terms of the law and is obliged to conduct public processes in conducting its functions • Regulator required by law to promote administrative justice, in terms of the Promotion of Administrative Justice Act, which stipulate timeframe for consideration matters by administrative bodies and require “Reasons for Decisions” to be provided. • Regulator obliged to act transparently and in the public interest • Regulator developed a number of regulations (through public participation) in order to provide clarity and certainty regarding its positions on a number of regulatory areas • Regulations give meaning and effect to the laws.

29. Role of the Regulator- S.A. experience • In the main, ICASA’s mandate and core function is : • Licensing, including the issuing of clear and measurable terms and conditions for licenses, • Developing a Regulatory framework, • Managing the broadcasting frequency spectrum, • Monitoring compliance to the license, regulations and the law, and • Regulating the industry in the public interest. • ICASA invites applications, consider applications, grant and issue licenses and the Minister plays no role in the broadcasting regulatory process • Three tiers of broadcasting licenses in South Africa: • Public • Commercial • Community

30. Broadcasting landscapeas at July 2006 • Broadcasting Division (Licensees) • Television • 3 Public National Free-to-air Broadcasting Services (SABC) • 1 Commercial National Free-to-air Broadcasting Service (e-tv) • 1 Terrestrial Subscription Broadcasting Service (M-net) • 1 Community Television Broadcasting Service (TBN, which was grand-fathered) and (a few others from time to time on special events licenses, Soweto, Grahamstown, Cape Town, Durban) • 2 Public Regional Television Broadcasting Services (SABC – not operational yet) • SABC Africa • In addition to these licenced services there are 2 satellite based television broadcasting services (Vivid and DsTV) which are not licensed yet, but which do have permission to continue broadcasting until their applications have been dealt with by the Authority.

31. Broadcasting landscapeas at July 2006 • Broadcasting Division (Licensees) • Sound Broadcasting (Radio) • 18 Public Sound Broadcasting Services • 13 Commercial Free-to-air Sound Broadcasting Services • 100 (82 are currently on air) Community Sound Broadcasting Services • In addition there is 1 satellite based commercial sound broadcasting service (WorldSpace) which has permission to continue broadcasting until its application has been dealt with by the Authority. • Broadcasting Signal Distribution • 1 Category One Licence – Common Carrier (Sentech) • 1 Category Two Licence – Commercial (Orbicom) • Some Community Sound Broadcasters are licensed to self provide their own signal distribution as Category Three Broadcasting Signal Distribution licences.

32. Community Radio Definition of a community broadcasting service “Community broadcasting service is fully controlled by a non-profit entity and carried on for non-profit purposes; serves a particular community; encourages members of the community served by it or persons 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 may be funded by donations, grants, sponsorship or advertising or membership fees, or by any combination of the afore-mentioned.” ECA of 2005

33. Community Radio Definition of Community “Community includes a geographically founded community or any group of persons or sector of the public having a specific, ascertainable common interest.” ECA of 2005

34. Conclusion • The three tier broadcasting system and in particular the growth of community radio in S.A. and other neighbouring countries, has assisted in - • ensuring diversity of media in each and every municipal district or geographic area. • ensuring increased media in different indigenous languages, reflecting unity in diversity, • ensuring rural and poor communities are empowered, jobs are created, poverty is alleviated and towards an informed society.

35. Conclusion • Asante sana • Ke a leboga • Ngiyabonga • I thank you • Lumko Mtimde • lumko@mdda.org.za • www.mdda.org.za • 28 November 2006