broadcasting

Broadcast media in South Africa is regulated primarily in terms of the ECA, the Broadcasting Act, 1999, the Films and Publications Act, 1996 and a range of codes developed by self-regulatory bodies such as the Advertising Standards Authority of South Africa and the Broadcasting Complaints Commission of South Africa.

Broadcasting services are required to be licensed in terms of the ECA.  The networks over which broadcasting and electronic communications services are provided are also required to be licensed in terms of an electronic communications network service licence issued under the ECA.  A distinction is drawn for regulatory purposes between public broadcasting services provided by the South African Broadcasting Corporation, commercial broadcasting services, whether provided on a free-to-air or subscription basis, and community broadcasting services. 

The South African government has committed to the digital migration of television broadcasting services by 2015.  Switchover of services is anticipated to commence in 2012.  Two multiplexes will be made available for the purposes of migrating existing terrestrial services to digital terrestrial transmission platforms.

Bowman Gilfillan’s TMT practice group has extensive experience in advising on all aspects of the regulatory framework in respect of audio-visual media.  The firm also has experience in advising broadcasters and content providers in commercial transactions including carriage agreements and production agreements and has provided corporate advice to clients in the establishment and restructuring of their broadcasting interests in South Africa.

bowman gilfillan’s experience

Bowman Gilfillan has been advising Independent Communications Authority of South Africa (ICASA) and its predecessor-in-law, the Independent Broadcasting Authority) on all areas of broadcasting law since 1997. Through our experience in acting for the IBA and Independent Communications Authority of South Africa (ICASA), we have gained extensive knowledge and expertise in relation to all aspects of the broadcasting regulatory regime.

The TMT group’s experience includes:

• advising a number of channel providers, including Discovery, NBC Universal and Disney in relation to broadcasting regulatory obligations and compliance
• advising ICASA in respect of a range of licensing processes including the licensing of new commercial radio services in the secondary markets of Mpumalanga, Limpopo and the Northern Cape and North West Provinces in 2007 and the licensing of new commercial radio services in the primary markets of the Western Cape, KwaZulu-Natal and Gauteng in 2011
• advising  ICASA in a number of judicial review applications regarding licensing decisions, including proceedings brought by Radio Islam, Trinity Broadcasting Network, Good New Community Radio, Radio Pretoria and Radio Pulpit
• providing ongoing commercial and regulatory advice to On Digital Media, which broadcasts the TopTV digital satellite subscription service
• assisting ICASA in its policy development process regarding Internet Protocol Television (IPTV) and Video on Demand in 2010 and on the processes to be adopted for the assignment of spectrum for mobile video
• drafting regulations under the ECA for ICASA on digital migration, the regulation of broadcasting activities during the course of local government elections, advertisements and infomercials and procedures to be followed by inspectors
• acting for SES Astra, the provider of satellite transmission services, in the context of its South African interests
• advising providers of satellite transmission services on their satellite capacity agreements with South African broadcasters and telecoms operators
• acting for Telkom in the disposal of its interest in Telkom Media
• advising the FIFA-appointed host broadcasting company for the 2010 World Cup on South African broadcasting law
• advising the National Film and Video Foundation on new regulations in relation to international co-productions