ICASA introduces new local content quotas for broadcasters

Here follows a shortened version of their discussion paper on the ICASA website.

The primary aims of South African content regulation are:
• to develop, protect and promote a national and provincial identity, culture and character; and
• to create vibrant, dynamic, creative and economically productive local industries.

South African content regulations also aim at redressing historical imbalances in the cultural and broadcast industries. Broadcasters are encouraged to commission independent production companies which are controlled by previously disadvantaged individuals.

Background
In 1995, the predecessor to ICASA, the Independent Broadcasting Authority ("the IBA"), presented its Triple Inquiry Report ("the Report") to Parliament. The Report was on the "Protection and Viability of Public Broadcasting, Cross Media Control of Broadcasting Services and South African Television Content and South African Music". The Report followed a public inquiry that received over 120 submissions on the three subject areas, with 38 submissions dedicated to South African Content. The outcome of that aspect of the inquiry resulted ultimately in the introduction of the South African Music Regulations and South African Television Content Regulations in 1997. Included in these regulations was the requirement that the Authority should review the regulations within three years of their coming into effect. The review was to be done with the intention of assessing the effectiveness of the quota, increasing the levels, and improving the basis for calculating the quota.

The 1997 regulations require that 30% of the television content on the public broadcasting television service, during the South African television performance period and in prime time, be South African and that each public broadcasting television service channel carry not less than 25% South African Content. Commercial free-to-air channels are required to ensure that a minimum of 20% of their content is South African while subscription services are required to carry 5% South African content.

The regulations further require that 40% of the South African content quota to be met by broadcast licensees should be commissioned from independent producers. Broadcasters are further encouraged to commission independent production companies which are controlled by historically disadvantaged groups, companies which are based in a range of different provinces and in non-metropolitan areas, and new talent.

With regard to radio, current regulations require that the holder of any category of sound broadcasting licence which devotes 15% or more of its broadcasting time during the performance period to music, must ensure that at least 20% of the musical works broadcast are South African.

It is these regulations that have been reviewed in the public process described below.

The Public Process

The Authority published a Discussion Paper titled "The Review of Local Content Quotas" in November 2000. The Discussion Paper's primary purpose was to give all interested parties the opportunity to contribute their views. To this end, the Discussion Paper took the form of questions supported by explanatory and contextual discussion.

Public announcements were made on radio, television and the Authority's web-site, inviting stakeholders and the public to respond to the questions, both in written and oral submissions. There was a wide response. The Authority received fifty-one written submissions which were made available to the public at the Authority's library and in its regional offices. Thirty-three stakeholders and interested parties made submissions from 7 to 18 May 2001 in Cape Town, Durban, and Johannesburg.

Financial interest by South Africans

The requirement of 50% financial interest in production by South Africans will be reduced to 20%

Post-production

The Authority has also decided to remove clauses in current regulations stipulating that post-production should be wholly done in South Africa. Now at least 50% of the production crew should be South African.

African Content
Programmes from the rest of Africa may not count as contributions towards the South African content quota.

Arts Programming
A new "Arts Programming" category has been introduced. There will be no set quota for this category, but television broadcasting licensees will be awarded points for promoting the arts. The arts programming category will distinguish programming that reflects South African fine arts, literature and South African music, but will exclude exclusively music video programmes.

Public Television Services

Public and Private Commercial Free-to-air Television Services

Subscription Television Services (Unencoded Period)

For the duration of M-Net's unencoded period, M-Net should ensure that a weekly average of 35% of its programming consists of South African television content.

New Overall Quotas

Click here for ICASA's complete discussion paper.