CODE OF CONDUCT for SUBSCRIPTION BROADCASTING SERVICE LICENSEES Foreword 1. Section 56(1) of the IBA Act provides that all broadcasting licensees must adhere to the prescribed Code of Conduct for Broadcasting Services. However, section 56(1) will not apply to a broadcasting licensee if that broadcasting licensee is a member of a body which has proved to the satisfaction of the Authority that its members subscribe and adhere to a code of conduct enforced by that body by means of its own disciplinary mechanisms, and provided such code of conduct and disciplinary mechanisms are acceptable to the Authority. 2. The Position Paper on Subscription Broadcasting Services recognised that the current prescribed Code of Conduct and the BCCSA's Code of Conduct were inappropriate for subscription broadcasting service licensees. 3. Accordingly, the NAB has developed this Code of Conduct for Subscription Broadcasting Service Licensees in accordance with section 56(2) of the IBA Act. Definitions and interpretation 4. In this Code, unless the context indicates otherwise, terms have the meaning assigned to them in the ECA, and – 4.1 "audience" means the viewers and/or listeners of a subscription broadcasting service; 4.2 "BCCSA" means the Broadcasting Complaints Commission of South Africa established by the NAB; 4.3 "child" means a person below eighteen years of age; 4.4 "child pornography" means any image – (a) explicitly depicting a person, real or simulated, who is shown as being under the age of 18 years' – 1. 1. 2. 3. 4. (ii) (iii) (iv) conduct; 1. (i) engaged in sexual conduct; engaged in a display of genitals; participating in sexual conduct; or assisting another person to engage in sexual and 5. (b) which viewed in context and objectively by a reasonable viewer has as its