ICASA published its Discussion Paper on the Review of Ownership and Control of Broadcasting Services and Existing Commercial Sound Broadcasting Licences in Notice 1825 published in Government Gazette 23873 dated 30 September 2002 (“the Discussion Paper”).

Convergence means different things to different people and in different contexts. This, however, should not serve as an excuse not to define the concept in the context convergence legislation. Indeed, because of the inherent ambiguity of the convergence concept, there is an immense need to explore and articulate the policy objectives of regulating for convergence. However, apart from the recognition of convergence as inevitable in various policy documents (White Paper on Telecommunications Policy para 2.5, White Paper on Broadcasting Policy chapter 7 and para 11.3, and Green Paper on E-Commerce chapter 9), there has been no specific policy articulated as to the appropriate regulatory response to the inevitable process of convergence.

This document makes a number of proposals with regard to the proposed amendments to the Films and Publications Act (“The Act”). The document not only addresses issues that relate directly to broadcasters. It goes wider, since it is submitted that the Bill touches on the climate of freedom of expression, which includes the right to receive and impart information as guaranteed.

2.1 The NAB notes that the publication of the draft plan comes at a time when the regulator is facing severe constraints in its broadcast frequency planning capacity. It appears that these constraints have had an impact on the regulator?s ability to deal effectively and comprehensively with many issues laid out in the plan, especially in relation to data accuracy and international coordination.

The NAB believes that an economic impact study is one of the key tools in ensuring that the regulatory environment forms a coherent whole, which is stable and conducive to local and foreign investment whilst ensuring the diversity of views and the socio-economic development of South Africa.

The NAB believes that the social goals set out in the Broadcasting Act, such as empowerment, diversity of services, universal access, and growth of local content, cannot be achieved without a thriving and a growing industry. It is therefore imperative that ICASA balance its social objectives with ensuring the viability and growth of the South African Broadcasting Industry. The NAB submits that it is not opposed to the licensing of LTV broadcasters or RTV broadcasters, and acknowledges the statutory requirements placed on ICASA in this regard. It is the NAB’s view however that ICASA must proceed with caution.

In Notice 2066 published in Government Gazette 25280 dated 31 July 2003, The Media Development and Diversity Agency (“MDDA”) published its Proposed Regulations in terms of section 22 of the Media Development and Diversity Agency Act, 2002 (“MDDA Act”). Interested parties were invited to submit written representations on the Proposed Regulations to the MDDA within 30 days of the publication of the notice. The Proposed Regulations is a preliminary step towards the MDDA fulfilling its obligations in terms of the objects of the MDDA Act.

The full submission is available on request.

The NAB’s constituency has expressed concern in respect of the proposed amendments to the Merchandise Marks Act No 17 of 1941 which have been proposed in the Merchandise Marks Amendment Bill which was published in Government Gazette No 23958 of 18 October 2002. The NAB wishes to put numerous salient and critically important matters before the Portfolio Committee to ensure that to the extent that legislation is passed, it properly reflects not only the needs of event organisers and sponsors, but also the needs and the businesses of broadcasters in South Africa.