On 26 September 2005, notice of the Independent Communications Authority of South Africa Amendment Bill [B32-2005] ("the Bill") was published in Notice 1783, Government Gazette No. 28050 dated 20 September 2005. The purpose of the Bill is to effect amendments to the Independent Communications Authority of South Africa Act, 2000 ("the ICASA Act"). Interested persons were invited to make representations on the Bill, the closing date for which is 10 October 2005.

The Department of Communications (“the Department”) has issued what is styled “Draft 1 Digital Migration of Broadcasting Systems and Policy Issue Paper” (“the Digital Paper”) and has called for a select group of stake-holders to comment thereon by 28 January 2005.

The NAB fully acknowledges the importance of broadcasters addressing disability issues. We are of the view that a Code as proposed by ICASA will go a long way in providing broadcasters with guidance in reaching these goals. The NAB is generally supportive of the approach taken by ICASA

On 03 December 2004, ICASA, in terms of section 31 (2) of the IBA Act, 1993, invited interested parties to give written input on the draft broadcast frequency plan (“draft plan”) and policy issues laid out in section 2 of the document. The National Association of Broadcasters (“the NAB”) welcomes the opportunity to make these written representations.

On 23 April 2004 the Independent Communications Authority of South Africa ("the Authority") published (under Government Notice726 of 2004 in Government Gazette No.26289) a Discussion Paper on Subscription Broadcasting ("the Discussion Paper"), with a view to generating comment from all stakeholders on the introduction of a regulatory framework for subscription broadcasting in South Africa.

The NAB has been part of the consultative process to develop the draft Convergence Bill since the process started in 2003. The NAB therefore also wishes to thank the Department of Communications (“the Department”) for its efforts in ensuring broad industry involvement in the drafting of the Convergence Bill.

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.