The transformation of broadcasting in South Africa PDF Print E-mail
Saturday, 31 May 2003

The transformation of broadcasting in South Africa: History of the Campaign for Open Media (COM) and the Campaign for Independent Broadcasting (CIB).

You may download: Transformation of broadcasting in South Africa: A history of the Campaign for Open Media (COM) and the Campaign for Independent Broadcasting (CIB) .

 

Overview of the e-archive

This e-archive documents the transformation of broadcasting in South Africa in the 1990's. During this period the country moved from being an apartheid state to a constitutional democracy, with the first democratic elections taking place in 1994. The documents trace the work that was done to transform broadcasting from a state controlled sector to one characterised by diversity and independent regulation.

More specifically, the documents trace the work of the Campaign for Open Media (COM) and the Campaign for Independent Broadcasting (CIB). The documents relate to the establishment of South Africa's first broadcasting regulator, the Independent Broadcasting Authority, as well as the transformation of the South African Broadcasting Corporation from a state broadcaster to a public broadcaster (more specifically the process of appointing the first independent SABC Board).

The intention of establishing this e-archive is to make the information available internationally, so that it can inform governments, media practioners and activists seeking to transform state broadcasting to public broadcasting in other parts of the world. The e-archive may also be of interest to people who wish to assess the successes and failures of
broadcasting transformation in South Africa.

COM was a lobby group established to achieve the public and transparent appointment of a new Board for the SABC, as well as to monitor the media in the run-up to the elections, lobby for the establishment of the IBA and the scrapping of censorship legislation. COM helped to establish an umbrella group of 37 organisations in November 1992, called the Campaign for Independent Broadcasting. The CIB broadened the lobbying base around the appointment of the SABC Board, resulting in its appointment on May 31, 1993, after a civil society-led process.

While the history of COM and the CIB has been documented in numerous papers and books, the original documents relating to this period of broadcasting history have not been accessible to the public, and have been held by the FXI since its inception in 1994.

These documents include the following:

a. Nominations for the first independent SABC Board;

b. Minutes of briefing meetings and meetings to formulate positions for the CIB;

c. Briefing documents on the SABC and the IBA for use by negotiators in the multi-party negotiations that preceded South Africa's elections;

d. Memorandum of agreements from multi-party negotiations;

e. Correspondence, including letters between the then-State President's office (FW De Klerk) and the CIB;

f. Drafts of the programme of action of the CIB, as well as campaign documents and written mandates;

g. CIB correspondence to the new SABC Board;

h. Guidelines for the appointment of the new SABC Board (and submissions on these guidelines).

These key documents have been made available electronically. The full archive is available in the FXI's Resource Centre.

 

More (historical) resources on the transformation of  broadcasting

SABC editorial policies

In terms of the Broadcasting Amendment Act, the SABC is required to develop editorial policies for the Corporation. It is also required to ensure public input in finalising these policies. The FXI participated in this process. 

For relevant documents, click below:
FXI submission on SABC editorial policies

Broadcasting Amendment Act

In 2002, the Department of Communications released a Bill to amend the Broadcasting Act. The Broadcasting Amendment Bill, which has since been promulgated into law, was highly controversial, especially regarding those aspects of the Bill that lessened the independence of the public broadcaster, the South African Broadcasting Corporation (SABC), under the guise of increasing its accountability. The FXI lobbied for amendments to the Bill, and participated in hearings held by the Portfolio Committee on Communications. For relevant documents, click below:

Broadcasting Amendment Bill, as tabled in Parliament, 15/08/2002
Broadcasting Amendment Act, as assented to by the President

FXI preliminary response to the Broadcasting Amendment Bill - FXI presentation to Portfolio Committee on Communications on Broadcasting Amendment Bill - 17/09/2002

Bill copied Western Broadcasters' (article published in The Star, 3/10/2002, and in the Natal Mercury as 'SABC's independence stands at risk', 3/10/2002)

Bill has good intentions, but…' (article published in the Sowetan, 27/09/2002) NOTE TO SANGONET: NEW FILE
'Neither Washington Nor Moscow: National and Public Interest in Relation to the SABC' - Jane Duncan. Speech for Press Freedom Day, 19/10/2002.

Broadcasting policy review and Broadcasting Act

In 1997, the Department of Communications initiated a review of broadcasting policy to bring it into line with the democratic values of the constitution (adopted in 1996). The FXI participated in this review by responding to the Green Paper on Broadcasting (for FXI response to Green Paper on Broadcasting, click here).The Department then produced a White Paper on Broadcasting Policy, which formed the basis for new legislation called the Broadcasting Bill. The Bill was released for public comment in August 1998, and the Parliamentary Portfolio Committee on Communications held public hearings on the Bill in September. The FXI presented a submission on the Bill to the Portfolio Committee (for the submission, click here), which was based on a research document analysing the Bill in relation to legislation in other countries (for this document, entitled Response to Broadcasting Bill, click here). The Bill was passed into law in 1999.

In addition, the FXI has published numerous articles on the consultation process around broadcasting policy, and the policy itself. To download each article, click below:

 

SABC Board Task Team Review
Early in 1999, the FXI also became involved in controversies around the SABC's news and current affairs unit, which led to the Board launching an investigation into editorial independence and other matters in the Corporation. The FXI responded with a submission (FXI submission to the SABC Board's Enquiry into Editorial Independence and other matters ), and was then asked by the Board to make a further submission on the SABC's bi-media news operation (Further submission on bi-media to the SABC Board's enquiry into editorial independence). We also published two articles on the SABC's bi-media operation:


 

Earlier activities around broadcasting

Broadcasters inherited from the former homelands
Before the adoption of the final Constitution in 1996, FXI has also been involved in examining the fate of state broadcasters inherited from the former homelands which were reintegrated into South Africa in 1994. The Interim Constitution, which was in force at the time, opened up the possibility of provincial governments establishing their own provincial broadcasters. Numerous freedom of expression issues surfaced during this period, which the FXI intervened in. Two of these are dealt with below:

The Bophuthatswana Broadcasting Corporation (BBC)
In an ill-considered move, control of the BBC was delegated from the central Government to the North West provincial Government by the Government of National Unity early in 1994. This development erupted into a controversy in July 1994 when the North West Government directly appointed a new Director-General for the BBC. The person appointed was further an ANC member, which sharpened the perception that an ANC regional government had simply appointed a reliable member to run the regional public broadcaster in the regional government's interest.

This appointment flew in the face of the philosophy underlying the appointment of the new SABC Board. The public process of appointment is the method by which the SABC won its independence of Government. This independently appointed Board then has the responsibility of appointing the chief executive officer of the broadcaster and any other group executive appointments. The government should have no say in these appointments. Obviously all such procedures were flouted in the case of the appointment of the director-general of the BBC (see FXI press statement, 22 July 1994 and letter to Regional Premiere of the North-West, Mr. Popo Molefe ).

During the latter part of 1994 the FXI participated in a regional workshop in the North West to discuss broadcasting matters in the region, and made its protest at this development known. It also met with the Premier of the North West, Mr Popo Molefe, in September to convey its protest in person. Mr Molefe informed the FXI that the appointment of this Director-General was temporary until a new regional law had been enacted which would provide for a publicly nominated Board to take control. In future that Board would make all executive appointments at the BBC. This law fell far short of ensuring the independence of the BBC from the regional Government.

Task Group appointed by the Minister of Broadcasting

The FXI protested about the above state of affairs in writing to the-then national Minister of Posts, Telecommunications and Broadcasting, Dr Pallo Jordan, early in 1995. He launched an initiative at which the future of all regional public broadcasters were reviewed in relation to the national public broadcaster. The issue was one of whether the regional broadcasters should be incorporated into the national public broadcaster, and fall under the control of the independent SABC Board.

The Task Group appointed by Minister Jordan recommended that such incorporation take place, but details of the process were protested by the BBC. Various regional governments also indicated that they may want such broadcasters under their control in terms of Schedule 6 of the interim Constitution which allowed for this eventuality if certain other conditions are met. These include proof of their administrative capacity to administrate a public broadcaster.

To this end, the FXI was requested by Directors of Communication of the nine provinces of South Africa to provide it with a legal opinion at a seminar held in April 1995 as to whether these provinces are entitled to start up regional public broadcasters of their own (see FXI document on setting up provincial public broadcasters). Of particular concern was the fact that the Independent Broadcasting Authority (IBA) also appeared to have legal jurisdiction over provincial public broadcasters, and therefore a constitutional conflict existed at present as to precisely who had jurisdiction over such broadcasters. This legal conflict was resolved when the final constitution was adopted in 1996, which clarified that provincial governments do not have the right to claim ownership of the broadcasters in question.

In 1996, the FXI also responded to a draft Bill on public broadcasting, which was issued for public comment. The purpose of the Bill was to set common standards for all public broadcasters in South Africa(see FXI submission on Draft Public Services Bil l). The Bill was withdraw when the final constitution came into effect, as it was based on the legal provisions of the Interim Constitution.

The IBA Triple Inquiry From 1994 to 1995, the IBA conducted a major public inquiry to assist it in determining broadcast policies. Among others, a major theme of the inquiry was the protection and viability of public broadcasters.

The FXI made a written and oral submission to the IBA to enshrine in law the public appointment procedure of Boards of public broadcasters to guarantee their independence from either national or regional governments in South Africa (see FXI submission on protection and viability of the PBS). Recommendations based on those of the FXI were drafted by the IBA and were recommended to the Minister of Broadcasting for enactment in legislation.

The FXI also made written and oral submissions on the issues of cross-media ownership and local content to the IBA (see FXI submissions on cross-media ownership and local content).


 

One person has commented on this article.
 1. brodcasting
mandisa, Unregistered
this is a woonderful article but the downloading is poor coz we need some more info
 Posted 2008-03-15 12:50:54
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