imprisonment, or both in an instance where
there is a conviction.

The Bill also collapses the functions of the
editor-in-chief and the CEO into one, igniting
concern of undermining editorial independence
and making the SABC vulnerable to external
influences and interference.

While attempting to address a legitimate
concerns, the regulations are fundamentally
flawed.
Their design is unconstitutional as there was
no public participation in line with the Promotion
of Administrative Justice Act.

SANEF, SOS, MMA and CFE have expressed
concern that the provision of a subscriptionbased model as part of the funding mechanism
for the public broadcaster is at odds with the
public service function of the SABC and limits
the services to only those who can afford it.

The FPB appears to have overreached its
mandate by attempting to regulate online
content, and in a joint article, SANEF, CFE, MMA,
SOS Support Public Broadcasting Coalition
and the Press Council argued that the vague
and loose definitions for misinformation and
disinformation were not only misaligned with
emerging standards but also provided loopholes
for abuse, silencing and censorship which would
have a “chilling effect on free speech”. (10)

Furthermore, there has been concern about
the decision to rush implementation without
creating the necessary regulatory framework
on Audio and Audiovisual Media Services and
Online Content Safety, which is about 13 years
overdue.
The SABC as a public service and public
interest media is very important in the context
of South Africa where most people still face
information
asymmetries
amongst
other
entrenched inequalities.

The media bodies requested that the
regulations be withdrawn by 4 April, or they will
pursue legal action.
The South African government published
the SABC Bill in 2021 and it is currently in
Parliament for consideration. Public hearings
through the Parliamentary Portfolio Committee
on Communications and Digital Technologies
have been postponed and will now be handed
over to the next Parliament.

Flawed approaches for governance like this not
only pose a threat to the financial sustainability
of SABC, but further reinforce some of the
inequalities faced by South Africans today.
In March 2024, the South African National
Assembly passed the General Intelligence Laws
Amendment Bill which has been sent to the
National Council of Provinces for concurrence.

Broadly defined, the Bill is meant: to repeal
the Broadcasting Act, 1999; to regulate the
continued existence of the South African
Broadcasting Corporation SOC Ltd; to provide
for its governance; to amend the Independent
Communications Authority of South Africa Act,
2000, and the Electronic Communications Act,
2005; and to provide for matters connected
therewith.

The Bill, which makes amendments to
the Intelligence Services Act, the National
Strategic Intelligence Act and the Intelligence
Service Oversight Act, seeks to address the
shortcomings of the State Security Agency
(SSA) after significant reform recommendations
by the State Capture Commission as well as
the high-level review panel led by Sydney
Mufamadi, who established that the merging of
the National Intelligence Agency and the South
African Secret Services into SSA in 2009 by the
then president Jacob Zuma was unconstitutional
and was used as a parallel intelligence apparatus
for the personal political interests of the former
president and his allies.

There are strong objections to the proposed
Bill, and media organisations have called for its
withdrawal.
Among the criticisms is that the Bill does not
adequately address the financial difficulties the
public broadcaster has faced.
Instead of a comprehensive funding model and
plan, the Bill states that the Communications
and Digital Technologies minister has up to three
years to develop a funding model in consultation
with the Finance minister.

The Bill seeks to establish the South African
Intelligence Agency, which will deal with
domestic intelligence and counterintelligence
gathering, a South African Intelligence Service
for foreign intelligence functions, and a national
academy for intelligence training.

There are also concerns about government and
political interference as the Communications and
Digital Technologies minister would have veto
powers over the subsidiary company’s board
member appointments and remuneration.

While the Bill is largely welcomed, the media has
expressed concern about how bulk surveillance,
even with safeguarding mechanisms such as the

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