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

Select target paragraph3