The broadcasting regulator has amended its regulations governing political broadcasts and advertising during municipal elections, refining rules on airtime allocation, content standards and broadcaster obligations.
The changes update the 2011 framework to explicitly include independent candidates alongside political parties, aligning the regulations with post-2019 electoral reforms. The amendments also raise the compliance bar for political parties and broadcasters at a time when competition for political visibility is expected to intensify.
The gazette also includes a detailed Reasons and Positions Document summarising stakeholder submissions from organisations like the SABC, DA, MultiChoice, Media Monitoring Africa and eMedia, and explains the Independent Communications Authority of South Africa’s (ICASA) rationale for each decision.
Prior to the publication of the regulations, the SABC warned that requiring its commercial platforms to carry free political election broadcasts could erode advertising revenue, highlighting the financial strain of extending public service obligations into its commercial operations.
The updated framework places particular scrutiny on the SABC which is expected to carry a significant share of election broadcasts.
The regulator said the SABC’s election coverage obligations apply across all its platforms, adding that revenue concerns do not outweigh the public interest in equitable political access.
“The Authority is of the view that the SABC, as a public broadcaster, has a constitutional mandate to provide equitable coverage during elections...While the Authority notes the concerns regarding potential revenue implications, these do not outweigh the public interest requirement,” Icasa said in response to the SABC’s concerns.
ICASA is moving key obligations such as notifying the regulator about political broadcasts. The amendments reinforce that political parties and independent candidates, not broadcasters, carry legal responsibility for content in political election broadcasts (PEBs). This effectively shields broadcasters from litigation risk, provided they follow procedural rules, a significant protection in a highly contested election environment.
By making previously advisory provisions enforceable, ICASA is reducing legal ambiguity and limiting the scope for disputes, while also attempting to curb advantages enjoyed by better-resourced parties.
The regulations, which were published in a gazette earlier in April, are likely to shape how campaigns are communicated to voters, particularly on major platforms and could influence the balance of exposure during the election period.
Icasa has further drawn a firm distinction between political advertisements, which are paid for, and political election broadcasts, which are allocated free of charge. The regulations prohibit the same content from being used across both formats, a measure aimed at preventing duplication that could give wealthier parties disproportionate exposure. This is aimed at ensuring that the broadcasts maintain a level playing field for all parties.
Business Day
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.