APPENDIX II CODE OF THE BCCSA 1. Foreword 1. Section 2 of the Independent Broadcasting Authority Act No. 153 of 1993 ("the Act") enjoins the Independent Broadcasting Authority ("the Authority) to ensure that broadcasting licensees adhere to a Code of Conduct acceptable to the Authority. 2. In terms of section 56(1) of the Act, "all broadcasting licensees shall adhere to the Code of Conduct for Broadcasting Services as set out in Schedule 1". The provisions of that subsection do not, however, apply to any broadcasting licensee "if he or she 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 mechanism, and provided that such Code of Conduct and disciplinary mechanisms are acceptable to the Authority". 2. Definitions "audience" as referred to in this Code means a visual and an aural audience i.e. both television and radio audiences. "broadcasts intended for adult audiences" as referred to in this Code means broadcasts depicting excessive violence and explicit sexual conduct and shall exclude broadcasts intended for children. "children" as referred to in this Code means those persons below 16 years. "watershed period" as referred to in this Code means the period between 21h00 and05h00. Such restriction applies only to television services. Preamble 4. Freedom of expression lies at the foundation of a democratic South Africa and is one of the basic pre-requisites for this country's progress and the development in liberty of every person. Freedom of expression is a condition indispensable to the attainment of all other freedoms. The premium our Constitution attaches to freedom of expression is not novel, it is an article of faith, in the democracies of the kind we are venturing to create. 5. Constitutional protection is afforded to freedom of expression in section 16 of the Constitution which provides: "(1) Everyone has the right to freedom of expression which includes (a) Freedom of the press and other media (b) Freedom to receive or impart information or ideas. (c) Freedom of artistic creativity; and (d) Academic freedom and freedom of scientific research. (2) The right in sub-section (1) does not extend to (a) Propaganda for war; (b) Incitement of imminent violence; or (c) Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm".