SECTOR 3

chairperson. What is happening at ICASA is a failure of parliamentary oversight.
It is a Chapter 9 institution so it is supposed to have extra special protection from
political interference, but in practice it has the least such protection.’

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: 2.4; 2010: 2.9; 2008: n/a; 2006: n/a)

3.3 The body, which regulates broadcasting services
and licences, does so in the public interest and
ensures fairness and a diversity of views broadly
representing society at large
There were mixed views about whether or not the regulator was working in the
public interest to ensure fairness and a diversity of views. Some panellists felt that
with the variety of broadcasting media (public, private and community) allowed
to practice in South Africa, and which represent different sectors of society, there
was a sufficient diversity of views.
Others felt that in terms of working in the public interest and ensuring fairness
and diversity ‘it is not as good as it can be’.
Mention was made of the case lodged with ICASA’s Complaints Compliance
Committee by MMA, SOS and the Freedom of Expression Institute (FXI) against
the SABC, with regard to the public broadcaster’s decision in 2016 to ban the
broadcasting of violent protests. ICASA subsequently ruled that such a ban was
illegal.
‘ICASA may not actively be working towards fairness and the public interest, but
in the violent protest case and a few other instances where the MMA has been
concerned about policy decisions, ICASA has taken a stand in South Africa’s best
interests.’
Although mention was made of the board being biased towards the ANC, the
only example of ICASA regulating in an obviously unfair manner was ‘in 2007
when ICASA had the discretion to apply its policies related to ownership and
control to DStv and it did not do so. This has had massive implications for the

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AFRICAN MEDIA BAROMETER SOUTH AFRICA 2018

Select target paragraph3