SECTOR 2 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: ✓ ✓ ✓✓ ✓✓✓ ✓ ✓ ✓✓ ✓ 3.0 (2013: 2.2; 2010: n/a; 2008: n/a; 2006: n/a) 2.5 Adequate competition legislation/regulation seeks to prevent media concentration and monopolies There are some active attempts by the Competition Commission through general competition law to ensure that there are no monopolies across media ownership. This is not specific to media but addresses market concentration across all sectors of business in South Africa. The Competition Commission ruled in February 2018 that Independent Media and Caxton & CPT Publishers and Printers were guilty of price fixing in terms of colluding on advertising discounts. ‘It takes a very long time for the Competition Commission to act as it is very underresourced and there is so much cartel-like behaviour across many industries.’ The Electronic Communications Act, which regulates ownership and control in broadcasting, does restrict one owner from having two free-to-air commercial TV stations, although one owner may own two radio stations, but not in overlapping coverage areas. There is legal provision in the Independent Broadcasting Authority Act, which prohibits the cross-ownership of broadcasting and print interests in the same area as a means of limiting media monopolies. ‘Cross-media controls don’t look at the online environment in South Africa at all, and none of these provisions apply to subscription television. MultiChoice, through DStv, has a very powerful monopoly in South Africa – it is in 7 million households in the country out of 12 million – and it circumvents the legislation with regard to broadcasting because it is subscription-based.’ It was noted that the dominance of subscription or pay-TV puts free-to-air e.tv and the SABC channels at a disadvantage. DStv has a phenomenal reach with which to gain the bulk of the broadcasting advertising revenue, and in addition has a significant source of income through its subscriber base. 25 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018