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Consolidating investment opportunities and solutions for production and distribution in the creative industries – A focus on Film

Key-note Address at the Friends of FEPACI (FOFSA)

Programme Director and all protocols observed

Introduction
In 1977, October 19 three newspapers were banned by the apartheid regime. Veteran journalists fought for higher values in the dark days.

32 years ago now, South Africa is celebrating legislative guarantees of press freedom and editorial independence. South Africa has undergone profound political and economic transformation over the last 15 years, resulting in new and strong political institutions that underpin democracy and a macro economic framework that encourages greater freedom and competition.

The Constitution Act of 1996 protects and provides for the freedom of the media, freedom of expression and access to information. This is further supported by the legislative framework giving effect to the constitution, including the MDDA Act of 2002, ICASA Act of 2000, Electronic Communications Act of 2005, Broadcasting Act of 1999, Access to Information Act of 2000, etc. including Chapter 9 of the Constitution which sets up institutions to support democracy.

The country has moved from racial discrimination to a non racial democracy where the rights of ordinary citizens are now protected and enshrined in a Constitution which provides a balance between the freedom of expression and the right to dignity and equality. Free speech and a free media are entrenched in the Constitution Act No. 108 of 1996 and the media operate in an environment free of oppression, persecution and the repressive legislation which sought to restrict and control the media.

The democratic transition catapulted South Africa into playing a major role not only as a regional economic and political power in Africa, but also an influential player in the emerging markets. These dramatic changes are also reflected in the media industry. It is an industry characterized by a new energy of growth and greater access with a diversity of voices reflective of ethnic and racially diverse people.


It is therefore critical (as we gathered here on the eve of 19th October 2009 and discussing film opportunities) to contextualize this discussion in the broader context of media (including broadcasting) and emphasize the significant role media can play in helping the different people to communicate with each other in order to strengthen our democracy, promote a culture of human rights and enable all to participate fully in our economic growth and speed up transformation and development. Information is knowledge and power.


This would put South Africa in line with other societies the world over, where the public role of media is to continually inform the wider public, reach into government and the private sector with quality news and up to-date information. If this is done correctly through the right channels, media will encourage development and transformation by giving people a voice and a platform to express themselves fully. This can only be achieved if every citizen (where ever s/he is located, rural or urban, poor or rich) has access to a choice of a diverse range of media. Media also provides a window of transparency in government and injects life to a country’s economy by publishing financial and market information to citizens, allowing them to participate freely and fruitfully in their country’s economy. Access to communication and information empowers citizens, facilitate participatory democracy, and assist in defending, advancing and deepening our democracy.

Media Development and Diversity
The Media Development and Diversity Agency (MDDA) is a development agency set up as partnership between the South African government and broadcasting and print media companies to assist in (amongst others) developing community and small commercial media in South Africa. The MDDA was established to give meaning and effect to section 16 and 32 of the Constitution Act of 1996 and in terms of the MDDA Act, No 14 of 2002.

“To help create an enabling environment for media development and diversity that is conducive to public discourse and which reflects the needs and aspirations of all South Africans.”

The vision of the MDDA is that “Each and every South African Citizen should have access to a choice of a diverse range of media”

Included in its objectives, the Agency is required to promote development and diversity in the South African media throughout the country, consistent with the right to freedom of expression as entrenched in section 16 (1) of the Constitution. in particular- freedom of the press and other media; and freedom to receive and impart information or ideas. Further, the MDDA Act provides that the Agency, encourage ownership and control of, and access to, media by historically disadvantaged communities as well as by historically diminished indigenous language and cultural groups ; and support initiatives which promote literacy and the culture of reading.

Film and broadcasting
FEPACI, the “PAN AFRICAN FEDERATION OF FILM MAKERS (the continental voice of filmmakers from various regions of Africa and the Diaspora) has, since its inception in 1970, in collaboration with its affiliate national bodies, membership and relevant national and international government and private sector institutions, worked towards developing and implementing solutions to the common challenges and problems that African filmmakers experience in funding, production and distribution of African audio visual content on the continent and abroad.

The philosophy of apartheid South Africa was premised on the provision of broadcasting service meant to favour people according to the criteria of colour, class, geographical location, culture and language. South Africa with its diverse cultures and languages was not sufficiently reflected on the television screens or heard its stories, folklore, mythologies and music on the radio. Broadcasting resources allocation was skewed in favor of the white minority communities.

The transformation process identified broadcasting media as a unique and powerful vehicle to foster nation building, to construct a vibrant and democratic dispensation fostering national and cultural identity, equality and respect for fundamental right in South Africa.

The regulating authority, Independent Communications Authority of South Africa (ICASA) established since 1994 (as the IBA at the time) prescribed regulations promoting local content and independent producers to develop and stimulate the growth of the production and film sector. These interventions were also in the context of promoting South African culture and identity, intended to create a vibrant dynamic, creative and economically productive local industries. This was in recognition that the more our broadcasting system is defined by programmes about other cultures and from the creative output of others, the less it is defined by programmes about the South African way of life, values and context.

The Regulations also sought to ensure that South African television and radio reflect and engage with the life experiences, cultures, languages, aspirations and artistic expression that are distinctly South African. The South African content regulations were also aimed at addressing continuing historical imbalances in the cultural and broadcast industries. Broadcasters are encouraged to commission independent production companies, which are controlled by previously disadvantaged Individuals from different provinces of our country.


Ten years ago, Government established the National Film & Video Foundation (NFVF) as a statutory body mandated by parliament to spearhead the development of the South African film and video industry. The vision of the NFVF is to strive for a quality South African film and video industry that is representative of the nation, commercially viable and encourages development. It aims to support this by creating an environment that develops and promotes the South African film and video industry, domestically and internationally.

The NFVF further to strive for a quality South African film and video industry that is representative of the nation, commercially viable and encourages development and support this by creating an environment that develops and promotes the South African film and video industry, domestically and internationally.


The collective efforts of South Africa through legislative, regulatory and practical interventions by ICASA, NFVF, DTI, DAC, DoC, MDDA, NAC, IPO, SABC, MNET, the Film Festivals, FEPACI, Gauteng Film Office and other Provincial / Metro / Municipal Film Offices, etc. go a long way in the development of the film, production and creative industry in S.A. We should jealousy guard the gains achieved this far and work towards the further growth and development.

CHALLENGES
In the midst of challenges facing our broadcasting industry, including the recession, we should all make sure they do not divert us away from the noble objectives of our supportive legislative and regulatory framework. Practitioners should not in response target the independent production industry as this will be a shortsighted response, failing to appreciate the potential and the long term opportunities ahead of us.
Further, we all need as Creative Workers, reflect – 15 years into our democracy:


• what changes took place since 1994, which developed and strengthened our industry (filmmaking, independent producers, etc.),
• where are the gaps,
• what need to be done to close the gaps,
• the broadcasting industry has grown into three categories (public, commercial and community). What partnerships do we have to ensure that Community Television have access to the work of local filmmakers? Two days ago, we switched on Bay TV in Empangeni, it was heartening to see so many local artists and creative workers supporting the Community Television in KwaZulu Natal. There is other Community Television licensed in the country, Cape Town, Tshwane and Soweto. Are we using these platforms?
• In addition to the internet brought opportunities, are we exploring opportunities brought about by digital broadcasting?
• what is our input to the Local and Digital Content Strategy being developed by the Department of Communications,
• what is our input to the Public Service Broadcasting discussion paper initiated by the Department of Communications,
• what is our engagement with ICASA in its regulatory review processes,
• what capacity building / skills development programmes do we have to enhance our profession.
All these challenges and many others, require the wisdom of all of us collectively with the aim of tightening up loose ends (if any) and ensuring that the story of South Africa and Africa at large is told by Africans through film. Not that the story is not being told but South Africa for example being a country of 48 million people, are all the stories being told, my submission is that there is a lot of stories yet to be told by South Africans. We need to protect and promote our identity, culture and languages.

CONCLUSION

The diversity of the media is a pre-requisite for a flourishing democracy. With the support of the government as well as the big media, broadcast and print, the Agency will continue to focus on ensuring that all citizens can access information in a language of their choice and contributing to the transformation of media access, ownership and control patterns in South Africa. Media has a critical role in South Africa’s efforts to push back the frontiers of poverty. The Agency endeavors to ensure diversity of media in each and every municipal district of our country and accordingly ensure increased media in different indigenous languages, reflecting unity in diversity.
Together through film and other forms of media, we should create a knowledge society that will participate in the economy within the global village from an African perspective. The opportunities provided by digital broadcasting, should be explored for further development of our film industry.

Lets ensure that our story is told by us, there is no better story than a story told by the owners of the story.

I thank you

Lumko Mtimde
Chief Executive Officer

17 October 2008


Useful Websites:
www.mdda.org.za
www.thedti.gov.za
www.dac.gov.za
www.icasa.org.za

 












 
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In the financial year 2008/9, the Media Development and Diversity Agency (MDDA) an Agency established by the MDDA Act No. 14 of 2002 in partnership with the major print and broadcast media industry to create, support, promote and encourage an enabling environment for media development and diversity that is conducive to public discourse and which reflects the needs and aspirations of all South Africans, commissioned Z-Coms to conduct research on the trends in ownership and control of media in South Africa. 3 Aug 2009
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