Media Development and Media Development and Diversity AgencyDiversity Agency

Convergence Bill Submission Convergence Bill Submission to Parliamentto Parliament

The TeamThe Team

Dr Mashilo Boloka (Board member)Dr Mashilo Boloka (Board member)

MandateMandate

The MDDA should:The MDDA should:

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

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

““Promote media development and diversity by Promote media development and diversity by providing support primarily to community and providing support primarily to community and small commercial media projects…” small commercial media projects…”

((Preamble MDDA Act no 14 of 2002Preamble MDDA Act no 14 of 2002))

VisionVision

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

MissionMission

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

IntroductionIntroduction

MDDA welcomes the introduction of a MDDA welcomes the introduction of a framework for encouraging convergenceframework for encouraging convergence

The Bill is a timely response to the The Bill is a timely response to the inevitable technological changes both inevitable technological changes both national and internationallynational and internationally

An enabling and coherent convergence An enabling and coherent convergence policy and regulatory framework will policy and regulatory framework will facilitate building an environment where facilitate building an environment where many diverse voices can be heardmany diverse voices can be heard

ContextContext

Close to 100 community radio stations are Close to 100 community radio stations are on airon air

ICASA has invited applications in another ICASA has invited applications in another 18 rural and urban development areas18 rural and urban development areas

More commercial licences further invited More commercial licences further invited in secondary marketsin secondary markets

Community TV promised to be licensed in Community TV promised to be licensed in 20062006

Close to 400 grassroots publications Close to 400 grassroots publications across South Africaacross South Africa

Growth of community radioGrowth of community radio

Total Community - One Week Cume Combined

5,5035,7615,792

4,272

5,6655,482

4,6234,6344,494

3,7303,293

3,074

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

2001b 2002a 2002b 2003a 2003b Feb-Apr04

Mar-may04

Apr-Aug04

Jul-Sep04

Aug-Nov04

Oct04-Mar 05

Feb-May05

'000

Total Community - One Week Cume Combined

Total Community Radio has 5.6% Compound

Average Growth Rate over 12 radio diaries. Hence, collective community

radio shows good performance diary on

ContextContext

Many communities however do not Many communities however do not have access to media have access to media

MDDA Approach to the BillMDDA Approach to the Bill

The Bill as it impacts on media The Bill as it impacts on media development and diversity development and diversity

General CommentsGeneral Comments

Difficult to assess the Bill without sight of Difficult to assess the Bill without sight of ICASA Amendment Bill. Many suggestions ICASA Amendment Bill. Many suggestions may be incorporated in this Bill. may be incorporated in this Bill.

Legislature must ensure that the Bill Legislature must ensure that the Bill enables the regulator to efficiently and enables the regulator to efficiently and effectively develop creative solutions to effectively develop creative solutions to enable convergenceenable convergence

Bill is difficult for ordinary person to Bill is difficult for ordinary person to understand and apply. understand and apply.

Need plain language edit.Need plain language edit.

General CommentsGeneral Comments

Legislature must ensure that it is clear Legislature must ensure that it is clear which Bills apply to which sectors (i.e. which Bills apply to which sectors (i.e. broadcasters and telecommunications broadcasters and telecommunications operators)operators)

Must also ensure it is clear which sections Must also ensure it is clear which sections apply to broadcasting and contentapply to broadcasting and content

Parliament must ensure that there is a Parliament must ensure that there is a clear framework to ensure affordability of clear framework to ensure affordability of telecommunications servicestelecommunications services

IBA ActIBA Act

Clauses relating to ownership limitations of Clauses relating to ownership limitations of stations have not been included in stations have not been included in Convergence BillConvergence Bill

ICASA submitted proposals in this regard ICASA submitted proposals in this regard after public consultation process. Parliament after public consultation process. Parliament should consider these proposed revisions.should consider these proposed revisions.

MDDA would like an opportunity to MDDA would like an opportunity to comment more fully thereon when comment more fully thereon when Parliament debates these clauses in order to Parliament debates these clauses in order to assess impact on diversity how best to assess impact on diversity how best to ensure diversity of ownership and content.ensure diversity of ownership and content.

IBA Act contIBA Act cont

Clauses on categories of signal distribution Clauses on categories of signal distribution operators have been removed.operators have been removed.

Parliament needs to consider implications of Parliament needs to consider implications of removing obligation on Sentech as common removing obligation on Sentech as common carrier and concomitant access to high sitescarrier and concomitant access to high sites

Parliament needs further to consider Parliament needs further to consider implications for community radio on removal implications for community radio on removal of right to self provide signal distribution. This of right to self provide signal distribution. This has allowed community radio stations to has allowed community radio stations to broadcast cost effectively in areas where broadcast cost effectively in areas where Sentech does not necessarily currently have Sentech does not necessarily currently have transmitters transmitters

DefinitionsDefinitions

Community Radio definition is same as IBA Community Radio definition is same as IBA Act. Broadcasting Act provides a more Act. Broadcasting Act provides a more substantive definition – focusing on substantive definition – focusing on ownership and ownership and contentcontent

Suggest adopt amended version of Suggest adopt amended version of Broadcasting Act definitionBroadcasting Act definition

Should however remove references to Should however remove references to having a Board elected at an AGM. Rather having a Board elected at an AGM. Rather state Board must be democratically state Board must be democratically chosen by target community.chosen by target community.

RegulationsRegulations The Bill currently details those issues which the The Bill currently details those issues which the

regulator may prescribe regulations onregulator may prescribe regulations on Legislature should consider if this might limit Legislature should consider if this might limit

power as it may not be an exhaustive listpower as it may not be an exhaustive list Could for example allow regulator to prescribe Could for example allow regulator to prescribe

regulations to further objects of Act or specific regulations to further objects of Act or specific objects (such as diversity)objects (such as diversity)

Should limit powers to promote certainty by Should limit powers to promote certainty by clearly stating procedures to be utilised (e.g. clearly stating procedures to be utilised (e.g. could state that Authority must first get public could state that Authority must first get public comment on its intention to consider such comment on its intention to consider such regulations and must consider impact on viability regulations and must consider impact on viability of operators and on fair competition)of operators and on fair competition)

South African contentSouth African content MDDA proposes there is a need to strengthen MDDA proposes there is a need to strengthen

clauses relating to South African contentclauses relating to South African content Section 8 of the Bill states that ICASA can set Section 8 of the Bill states that ICASA can set

targets for news, information, music and targets for news, information, music and “programmes of local or and regional “programmes of local or and regional significance”. significance”.

Broadcasting Bill and existing regulations is more Broadcasting Bill and existing regulations is more extensive – and includes for example the need for extensive – and includes for example the need for tv channels to include a range of SA content in tv channels to include a range of SA content in different genres including drama, children’s different genres including drama, children’s programming and educational programmingprogramming and educational programming

Licence ConditionsLicence Conditions

Bill states that Minister should Bill states that Minister should approve of licence conditions before approve of licence conditions before issueissue

Legislature must consider Legislature must consider implications on freedom of implications on freedom of expression clauses in Constitutionexpression clauses in Constitution

Furthermore this could lead to delays Furthermore this could lead to delays in issuing of licences – and therefore in issuing of licences – and therefore impact on media diversityimpact on media diversity

Universal Service AgencyUniversal Service Agency

MDDA and USA have begun exploring MDDA and USA have begun exploring partnerships to ensure accesspartnerships to ensure access

It must be noted that MDDA Act It must be noted that MDDA Act requires us to interact with the USA requires us to interact with the USA specifically. No such concomitant specifically. No such concomitant requirement is however placed on requirement is however placed on USA in the legislation.USA in the legislation.

Universal Service FundUniversal Service Fund

MDDA notes that the Bill would MDDA notes that the Bill would require ALL licensees to contribute to require ALL licensees to contribute to the Fundthe Fund

This may have implications on the This may have implications on the future of the MDDA – and therefore future of the MDDA – and therefore on our capacity to deliver on our on our capacity to deliver on our mandatemandate

USA and MDDA merger?USA and MDDA merger?

Some submissions have suggested a merger Some submissions have suggested a merger between two entities.between two entities.

Mandates are different (we focus on print and Mandates are different (we focus on print and broadcasting across South Africa, USA focuses on broadcasting across South Africa, USA focuses on telecoms infrastructure)telecoms infrastructure)

Note further that mandate of USF is to extend Note further that mandate of USF is to extend access to infrastructure. MDDA focuses on access access to infrastructure. MDDA focuses on access to information and content.to information and content.

Concerned impact this would have on delivery of Concerned impact this would have on delivery of MDDA mandateMDDA mandate

Do We need MDDA in the Era of Do We need MDDA in the Era of Convergence?Convergence?

MDDA: Established out of the MDDA: Established out of the consultative and participatory consultative and participatory process involving government, civil process involving government, civil society, public and business society, public and business

A unique Government/Private media A unique Government/Private media Partnership admired and modelled Partnership admired and modelled globallyglobally

Some memorable AchievementsSome memorable Achievements

Since then: Expended Since then: Expended over R12m in support over R12m in support for 80 projects across for 80 projects across SA SA

No. of Projects per Province

02468

101214

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rn C

ape

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Kwazulu

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Limpo

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North W

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No

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Series1

Some memorable AchievementsSome memorable Achievements

Mentoring: A database of mentors Mentoring: A database of mentors developeddeveloped

Network opportunities: Advertising and Network opportunities: Advertising and marketing workshops for about 200 marketing workshops for about 200 different media organisations in four different media organisations in four provincesprovinces

Training & Capacity building: Bursaries to Training & Capacity building: Bursaries to 21 different print and broadcast managers21 different print and broadcast managers

We will be running 9 workshops in all We will be running 9 workshops in all provinces on how to mobilise resources in provinces on how to mobilise resources in September 2005September 2005

Some memorable AchievementsSome memorable Achievements

Note: All achieved in less than 18 Note: All achieved in less than 18 monthsmonths

Therefore: The need for the MDDA Therefore: The need for the MDDA Should not be questioned. It is a Should not be questioned. It is a vehicle through which media vehicle through which media development, diversity and access development, diversity and access can be realized in the era of can be realized in the era of convergenceconvergence

MDDA/USA Merger: PrematureMDDA/USA Merger: Premature

Transitional provisionsTransitional provisions

MDDA is concerned about ICASA’s capacity MDDA is concerned about ICASA’s capacity and resources to deal with these and resources to deal with these efficiently.efficiently.

Particularly:Particularly:• The conversion of licencesThe conversion of licences• Time framesTime frames• The complexity of the process and its The complexity of the process and its

consequencesconsequences

NOTENOTE: Lessons can be drawn from IBA/SATRA : Lessons can be drawn from IBA/SATRA merger on managing transitionmerger on managing transition

ConclusionConclusion

Drawing from this BillDrawing from this Bill: Convergence is a : Convergence is a complex processcomplex process. Therefore, it should not . Therefore, it should not be a be a head-long rushhead-long rush, BUT a cautious , BUT a cautious managedmanaged one taking into account: the one taking into account: the history of SA communication/media history of SA communication/media industry, The role of development media- industry, The role of development media- needs to be needs to be grand-fathered.grand-fathered.

OtherwiseOtherwise: it may be a reversal of : it may be a reversal of achievements made, i.e. diversity and achievements made, i.e. diversity and access which the MDDA is mandated to access which the MDDA is mandated to carry forward. carry forward.

ConclusionConclusion

THANK YOU!THANK YOU!Dankie!Dankie!

Re a Leboga!Re a Leboga!