SECTOR 3 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting Broadcasting in South Africa is governed by the Electronic Communications Act of 2006 and the Broadcasting Act of 1999. ICASA, which allocates broadcasting licences, was described by panellists as ‘fractured and weak...there is far too much reliance by ICASA on government, which is not coming to the party in any way’. While the laws above emphasise the importance of content and ownership diversity and provide for the three tiers of broadcasting, panellists were not convinced that the legislation provided a conducive enough environment for community broadcasters. This is because community broadcasting legislation does not deal with funding that such broadcasters could access. ‘The law says you are welcome to have a community broadcasting licence, but then offers no assistance, for example, by offering lower signal distribution costs for community broadcasters.’ It was pointed out that some community broadcasters are paying 200,000 ZAR (14,000 USD) per month to Sentech for signal distribution costs. However, in April 2018, Sentech lifted the suspension of 15 community broadcasters’ signal distribution costs, despite them owing a combined total of 33 million ZAR (200,000 USD). This was after a mass outcry, which led to Communications Minister Nomvula Mokonyane intervening and meeting with Sentech, the NCRF, MDDA and ICASA to find a solution. While the stations were provided with signal distribution once more, those involved are still seeking a longer-term solution to the community broadcasting sector’s viability. Some criticised Sentech for having a monopoly on signal distribution, although it was pointed out that the ‘only monopoly Sentech has is that it has all the high [altitude] sites. There should be legislation enacted to promote access to these facilities’. Concern was also raised over Sentech’s long-term viability. ‘They need the money from licensees to survive and they are not getting what they need. At some point, like other state-owned enterprises, Sentech is going to crash. The Minister has made things less, rather than more, sustainable. Skilled engineers are moving on to other jobs and you can’t teach electrical engineering in a weekend.’ A panellist noted with concern actions which were not conducive to supporting a three-tier structure. This included the SABC’s decision in 2014, under its former COO Hlaudi Motsoeneng, to sell the public broadcaster’s archive to subscription 36 AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018