Presented by :
Lumko Mtimde
Chief Executive Officer
Media Development and Diversity Agency
At the breakfast meeting with Members of Parliament
and NBB
Hosted by FES and MISA
Botswana
28 November 2006
MDDA Background
In 1995, the community media sector met in Cape
Town under the banner of a conference called
“Community Media 2000”. Among its
recommendations was a formation of an “Enabling
Support Mechanism” or “Media Development
Agency”.
In 1996, the then Deputy President Mbeki established
a Task Group on Government Communications (COMTASK)
led by Mr Mandla Langa.
The community media sector led by the National
Community Media Forum (NCMF) in its submission
to the Comtask recommended the establishment
of the Media Development Agency.
Background (cont)
In its report “Communications 2000 –
A vision for government communications in South
Africa”, COMTASK recommended that government
facilitate the process of setting up a statutory
recognised media development agency for the
dispensing of subsidies to the sector. (Comtask
Final Report, Recommendation 79).
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)
Each and every South African citizen should
have access to a choice of a diverse range of
media
Mission
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.
Corporate Governance
The MDDA is governed by a Board of Directors,
appointed in terms of the MDDA Act. It operate
an independent body, expected through the MDDA
Act to be impartial and to exercise its powers,
perform its duties without fear, favour or prejudice,
and without any political or commercial interference.
(Section 4, MDDA Act).
The law demands of the Agency not to interfere
in the editorial content of the media, it provides
support to.
The Agency acts through the Board, which may
delegate its functions to the Chief Executive
Officer.
It is accountable to the Minister responsible
for GCIS and Parliament.
The Agency is also accountable in accordance
with the PFMA Act, PAJA Act, PAIA Act and MDDA
Act, amongst others.
Broadcasting Landscape
–An Industry Structure
Policymaker and legislature – Government
and Parliament
Regulator – ICASA (S.A.), NBB (Botswana),
TCRA (Tanzania), HAAC (Benin), CSI (Burkina
Faso), NMC (Ghana), HCC (Mali), etc.
Law
Code of conduct for broadcasting services
Regulations
Self-regulation
Applications – Three-tiers (Public, Commercial
and Community category, including Community
Radio)
A South African experience
From 1980’s to 2006
Struggles for recognition – legislative
and regulatory framework
From protests to ICASA’s regulated regime
Community Radio Role-players – some advocacy
and service providing players
NCRF
ACB
IFRB
NAB
IAJ
Bush Radio
Radio Freedom Institute
ABC Ulwazi
Rhodes University
COSATU / SANCO / ANC
CIB / COM
Etc.
A South African experience
From 1980’s to 2006
A South African experience From 1980’s
to 2006
A South African experience From 1980’s
to 2006
A South African experience From 1980’s
to 2006
A South African experience From 1980’s
to 2006
year |
Community
Radio initiatives |
on
air |
1993 |
15-20
projects
(from NCRF Annual Report)
|
0 |
1994 |
15
aspirant stations
(from NCRF Annual Report) |
0 |
1996 |
38
(from NCRF Annual Report)
|
15 |
1997 |
46
(from NCRF Annual Report)
|
17 |
1998 |
50
(from NCRF Annual Report)
|
40 |
2006 |
More
than 100 licensed by ICASA
|
82 |
A South African experience
From 1980’s to 2006
Community Radio support organisations –
some funders (plse note – this is just a
sample, the list is not exhaustive)
FES
AusAid
IMDT
CAF
OSF
Swedish CIDA
CIDMAA
EMW
UNESCO
British Council
French Gvt
EU
USAID/USIS
NIZA and others….
And the subsequent funds from DANIDA and the SA
Government and OSF support directly to stations
Post 1994 South Africa
- Opportunities
Local Government
Some municipalities support community radio in
their areas – financially, infrastructure,
etc.
Multi-purpose Community Centre's / Batho Pele
Community Service Centre's accommodate community
radio
Making use of advertising opportunities in community
radio
Provincial Government
Making use of advertising opportunities in community
radio
Post 1994 South Africa
- Opportunities
National Government
Making use of advertising opportunities in community
radio
MDDA
NEMISA
MAPPSETA
DoC
Partnership with other Gvt. Depts
Digital broadcasting
Regulator
Recognition of community radio, as a separate
category
Reduced applications fees
No license fees for community radio
Enabling and supportive regulatory framework
Post 1994 South Africa - Success stories
Community radio as a source of information –
education, elections, health, labour, etc.
Community radio role in empowering citizens, with
skills
Community radio as promoter of people driven and
participatory democracy
Increased listenership of community radio countrywide
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.
|
|
Broadcasting history
in S.A.
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.
S.A. 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,:
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
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.
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)
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.
Community Radio
Definition of a community broadcasting service
“Community broadcasting
service is fully controlled by a non-profit
entity and carried on for non-profit purposes;
serves a particular community; encourages members
of the community served by it or persons associated
with or promoting the interests of such community,
to participate in the selection and provision
of programmes to be broadcast in the course
of such broadcasting service; and may be funded
by donations, grants, sponsorship or advertising
or membership fees, or by any combination of
the afore-mentioned.” ECA of 2005
Definition of Community
“Community
includes a geographically founded community
or any group of persons or sector of the public
having a specific, ascertainable common interest.”
ECA of 2005
The three tier broadcasting system and in particular
the growth of community radio in S.A. and other
neighbouring countries, has assisted in -
ensuring diversity of media in each and every
municipal district or geographic area.
ensuring increased media in different indigenous
languages, reflecting unity in diversity,
ensuring rural and poor communities are empowered,
jobs are created, poverty is alleviated and
towards an informed society.
Asante sana
Ke a leboga
Ngiyabonga
I thank you
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