Presented by :
Lumko Mtimde
Chief Executive Officer
Media Development and Diversity Agency
Common Ground
06 September 2006

About MDDA

Section 16 and 32 of the Constitution Act provides for freedom of expression and access to information.
The MDDA Act provides for a statutory body entrusted with the responsibility of promoting media development and diversity in S.A. by providing financial and other support to community (non profit) and small commercial media projects.
Mandate

The MDDA should:

“…(C)reate an enabling environment for media development and diversity … which reflects the needs and aspirations of all South Africans;

“ Redress exclusion and marginalisation of disadvantaged communities and persons from access to the media and the media industry;

“Promote media development and diversity by providing support primarily to community and small commercial media projects…” .
(Preamble MDDA Act no 14 of 2002)

Vision
Each and every South African citizen should have access to a choice of a diverse range of media

The MDDA is a development agency that will assist in building an environment where a diverse, vibrant and creative media flourishes and reflects the needs of all South Africans.

Context

Close to 100 community radio stations are on air
ICASA has recently licensed another 13 community radio stations in rural and urban development areas
ICASA is also considering applications for commercial radio licences in secondary markets
Community TV may be licensed in 2006/7
Close to 400 grassroots publications across South Africa

Growth of community radio

Context
Many communities however still do not have access to media

Some memorable Achievements as at early 2006
Since then: Expended over R12m in support for 80 projects across SA

Some memorable Achievements
Mentoring: A database of mentors
developed
Network opportunities: Advertising and marketing workshops for about 200 different media organisations in four provinces
Training & Capacity building: Bursaries to 21 different print and broadcast managers
We will be running 9 workshops in all provinces on how to mobilise resources in September 2005

Note: All achieved in less than 18 months
Therefore: Even as we face the era of convergence, MDDA remains a vehicle through which media development, diversity and access can be realized.
The Agency help create an enabling environment for media development and diversity that is conducive to public discourse and which reflects the needs and aspirations of South Africans.


Broadcasting history in S.A

Pre 1993 Regulated via the then Apartheid’s Government, Department of Posts and Telecommunication, and to some extent self-regulation. 1996 Telecommunications Act established the SATRA to regulate telecommunications in the public interest. Minister retained various policy-making powers, more importantly certain licensing functions and a veto power on all telecommunications regulations. Constitution Act No. 108 of 1996 re-enforced the IBA. 1999, enactment of the Broadcasting Act providing a new broadcasting policy and legislative framework.   1993 IBA Act established a functionally independent and impartial regulator, the IBA, for broadcasting and signal distribution, in the public interest. The Interim Constitution No. 200 of 1993 guaranteed this independency. 2000 Anticipating convergence of technologies - the two regulators (IBA and SATRA) were merged into a single regulator, ICASA, in terms of the ICASA Act Retained the independence character enshrined in the Constitution Act.

Prior to 1994
SABC run as a state broadcaster, mouthpiece of the Nationalist Party regime.
702 Radio, Capital Radio and the homeland broadcasters (TBVC stations)
No other private broadcasters and no community broadcasters
No policy and proper legislative framework
1994 and post 1994
Transformation of SABC
Establishment of the IBA
Protection of the independence of the regulator through the Constitution and the Act.

Regulatory Framework – mandate and core functions

1993 and 1996 Constitution Act of S.A.
Section 192 provides that national legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society

ICASA is the independent authority to regulate broadcasting and telecommunications in the public interest

ICASA’s mandate is to perform duties and exercise powers under:

the Telecommunications Act of 1996, re - telecommunications

the IBA Act of 1993 and the Broadcasting Act of 1999, re - broadcasting

from 19 July 2006, the Electronic Communications Act of 2005, which repeals the above laws except the Broadcasting Act.

In respect of broadcasting matters, ICASA remained functionally independent, in respect of its licensing and regulatory powers, whereas in telecommunications matters the Minister retained some licensing powers and veto powers on regulations developed by the Authority.

Electronic Communications Act (ECA) strengthens ICASA’s licensing and regulatory powers over the entire electronic communications sector.

Regulatory Framework – mandate and core functions

Electronic Communications Act (ECA) strengthens ICASA’s licensing and regulatory powers over the entire electronic communications sector.
Replacement of the existing telecommunications and broadcasting licensing frameworks with a single licensing regime;
Enhancement of the Authority's competition powers in terms of dispute settlement and significant market power determinations.

Policy and regulatory development by ICASA in the sector is informed by, amongst others,:

Regulatory Framework – mandate and core functions

The Constitution, Act 108 of 1996 (as amended)
Independent Broadcasting Authority Act, No. 153 of 1993 (as amended) repealed by ECA
IBA’s Triple Inquiry Report, 1995
White Paper on Broadcasting Policy, 1998
Broadcasting Act, No. 4 of 1999 (as amended)
Independent Communications Authority of South Africa Act, No. 13 of 2000 (as amended)
Broad-Based Black Economic Empowerment Act, No. 53 of 2003
Telecommunications Act, No. 103 of 1996 (as amended) repealed by ECA
Films and Publications Act, No 65 of 1996 (as amended)
Draft ICT BBEE Charter, 2005
Competition Act, No. 89 of 1998 (as amended)
Promotion of Administrative Justice Act (as amended)
Electronic Communications Act of 2005 (ECA) from 19 July 2006

Regulatory Framework – mandate and core functions
1994 and post 1994


ICASA regulates in terms of the law and is obliged to conduct public processes in conducting its functions
Regulator required by law to promote administrative justice, in terms of the Promotion of Administrative Justice Act, which stipulate timeframe for consideration matters by administrative bodies and require “Reasons for Decisions” to be provided.
Regulator obliged to act transparently and in the public interest
Regulator developed a number of regulations (through public participation) in order to provide clarity and certainty regarding its positions on a number of regulatory areas
Regulations give meaning and effect to the laws.

Regulatory Framework – mandate and core functions

In the main, ICASA’s mandate and core function is :
Licensing, including the issuing of clear and measurable terms and conditions for licenses,
Developing a Regulatory framework,
Managing the broadcasting frequency spectrum,
Monitoring compliance to the license, regulations and the law, and
Regulating the industry in the public interest.
ICASA invites applications, consider applications, grant and issue licenses and the Minister plays no role in the broadcasting regulatory process
Three tiers of broadcasting licenses in South Africa:
Public
Commercial
Community

Broadcasting Division (Licensees)
Television
3 Public National Free-to-air Broadcasting Services (SABC)
1 Commercial National Free-to-air Broadcasting Service (e-tv)
1 Terrestrial Subscription Broadcasting Service (M-net)
1 Community Television Broadcasting Service (TBN, which was grand-fathered) and (a few others from time to time on special events licenses, Soweto, Grahamstown, Cape Town, Durban)
2 Public Regional Television Broadcasting Services (SABC – not operational yet)
SABC Africa

Broadcasting landscapeas at July 2006

In addition to these licenced services there are 2 satellite based television broadcasting services (Vivid and DsTV) which are not licensed yet, but which do have permission to continue broadcasting until their applications have been dealt with by the Authority.

Broadcasting Division (Licensees)
Sound Broadcasting (Radio)
18 Public Sound Broadcasting Services
13 Commercial Free-to-air Sound Broadcasting Services
100 (82 are currently on air) Community Sound Broadcasting Services

In addition there is 1 satellite based commercial sound broadcasting service (WorldSpace) which has permission to continue broadcasting until its application has been dealt with by the Authority.

Broadcasting Signal Distribution
1 Category One Licence – Common Carrier (Sentech)
1 Category Two Licence – Commercial (Orbicom)
Some Community Sound Broadcasters are licensed to self provide their own signal distribution as Category Three Broadcasting Signal Distribution licences.

Communications industry is a dynamic and growing sector from time to time
Communications Regulators can be seen as always chasing a moving target
The sector develops and changes regularly
New regulatory challenges
Satellite broadcasting
Digital broadcasting
Convergence of technologies

Convergence means different things to different people and there is no one accepted definition.

One of the main drivers for convergence appears to be digital technology which is being utilised for the reproduction, storage, and transmission of information in all media.

Essentially this means that any form of content, whether it be still or moving pictures, sound, text or data, can potentially be made available over any communications platform. For example, currently it is possible to receive radio and television over the Internet, while digital television that is currently being developed will have some of the capabilities normally associated with personal computers.

Communications sector has become recognised as a catalyst for economic growth and development.
For example - S.A. experienced High Definition Television (HDTV), which was launched live during the 2006 World Cup match between Ghana and Brazil.

Print media landscape

Historically – there were two broad categories of the print media in South Africa - the one that championed the interests of the oppressed and exploited such as the Guardian, New Age, The Spark, Inkululeko, African Communist, Umsebenzi, Sechaba, Mayibuye, SASPU National and The World. The second category was owned by a few conglomerates. This has changed as reflected below :

Print media landscape



Print media landscape

GRASSROOTS: Roughly 238 independent grassroots community-owned, small commercial, advocacy (NGO, rights-based, faith-based, etc) & other hybrid publications.
CONGLOMERATE: Roughly 221 neighbourhood & regional publications operated by large corporate & conglomerate media.
STATE MEDIA: An estimated 40 state-funded publications operated by national, provincial, municipal and parastatal agencies.

The former category of the media was “……..brutally suppressed and banned”. On the other hand, the latter category of media “………underpinned the system of apartheid colonialism and fascism in this country. This section of the media has never forgiven the black people and the democratic forces for having defeated apartheid colonialism.

Control of the media was one of the most important tools in the apartheid arsenal, and a battery of censorship legislation undoubtedly played a role in helping to ensure the survival of the regime - in particular, in ensuring ongoing support from its key constituencies by keeping them in the dark.

The South African media operated in a political, commercial and economic environment which favored the interests of the ruling class, and which helped to entrench the skewed economic development of our country.
Afrikaner and English capital were the primary stakeholders in the commercial media sector, and they profited greatly from the economic injustices which resulted from apartheid.

Transformation

MDDA is then set up to promote media development and diversity, by primarily providing support to community and small commercial media projects.

Every citizen and organs of civil society now have the right to access media and information.
Challenges though exist in terms of whether bodies like SANGOCO develop their own media (newspaper, for example) or use the existing media.

Challenges remain at the level of printing and distribution.
How does new media break the above challenges.
In using existing media, do organs like SANGOCO have a clear communication strategy, that is informed by the media landscape.

Clearly, you better placed to answer these questions and to equip MDDA on how it can assist your efforts to add value to media development and diversity.


Conclusion

Asante sana
Ke a leboga
Ngiyabonga
I thank you

Lumko Mtimde
lumko@mdda.org.za
www.mdda.org.za
-6 Sept. 2006