PinrnlllFarrn, 164 Katherine Private 8ag XiOOD2, Sandto!
I, Mr, Paris Mashile, the Chairperson of the Independent Communications Authority of South Africa (the Authority) hereby publish regulations in the attached Schedule, made and approved by the Authority in terms of section 4(1) of the Electronic Communications Act, 2005 (Act NO.
Independent Communications Authority of South Africa Act, 2000 (Act 1\0.13 of 2000).
In these regulations, any word or expression to which a meaning has been assigned in the Electronic Communications Act, 2005 (Act No.
"the Act" means the Electronic Communications Act 2005, (Act NO.
"Electoral Act" means the Electoral Act, 1998 (Act No.
STAATSKOERANT, 14 NOVEMBER 2008 No.
"party" means a political party registered in terms of section 15 of the Electoral Commission Act, or any alliance of such registered political parties, that has nominated candidates and submitted a list or lists of those candidates in accordance with section 27 of the Electoral Act, and includes any organisation that, group of people which, or person who.
The object of regulations is to prescribe the framework and guidelines under which PEB(s) and PA(s) shall be conducted and carried by the broadcasting service licensees, during the national and provincial elections.
to political parties contesting the national and provincial elections.
the party concerned may alter or it the PEB and re-submit it to the broadcasting service licensee concerned at least 72 hours prior to it being bmadcast.
contain allY material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act.
A party that submits a PEB to a broadcasting service licensee for broadcast, shall have no claim against the broadcasting service licensee arising from the broadcast or none broadcast of the PEB.
A party that submits a PEB for broadcast to a broadcasting service licensee is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast thereof.
AP must not exceed two minutes in duration.
A broadcasting service licensee must not transmit a PEB five (5) minutes before or after another PEB or PA.
PEB air-time allocated to but not used by a party shall be forfeited by the party concerned.
If a party fails to deliver the PEB(s) to the broadcasting service licensee before the expiry of 72 hours prior to the broadcasting thereof, then the party is deemed to have forfeited its allocated airtirne.
In the event that a party elects to forfeit its allocated PEB air-time , then such air-time must not be allocated to another party but must be used by the broadcaster concerned for the purpose of broadcasting its normal pmgramming or material.
In the event that a party does not wish to use its allocated PEB air-time, the broadcasting service licensee concerned must not, during the relevant time-slot. in any way vary the sequence or scheduling of PEB(s).
A broadcasting service licensee or party must not permit or engage in any interference with, or trade-offs in the sequence or scheduling of PEB(s).
Air-timS in respect of party election broadcasts shall allocated by the Authority to the various parties contesting the national and provincial elections on the basis of the respective formulae set out in schedule A.
PA must only be bmadcast during the election broadcast period.
A bmadcasting service to whom a PA has been submitted by a party for broadcast, must not in any way edit or alter the advertisement.
the party concerned may alter or edit the PA and re-submit the PA to the broadcasting service licensee concerned at least 72 hours prior to it being broadcast.
Where the broadcasting service licensee has rejected a PA and the party concerned confirmed in writing to the broadcasting service licensee that it will not be re-submitting the advertisement, then the broadcasting service licensee must within 24 hours notify the Authority in writing of such rejection and must also furnish to the Authority written reasons for the rejection.
A party whose PA has been rejected and has no intention of altering or editing the advertisement, may refer the matter to the Authority within 24 hours of being informed of the rejection.
contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act.
A party that submits a PA to a broadcasting service licensee for broadcast shall have no claim against the broadcasting service licensee arising from the broadcast of the advertisement.
A party that submits a PA for broadcast to a broadcasting service licensee, is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast thereof.
In the event of any person being aggrieved by any PA or PEB that person Illay lodge a complaint with the Authority within 48 hours after such broadcast has occurred.
Party Election Broadcast allocation will be calculated only when registration of political parties and candidates has been closed.
Basic Allocation All parties contesting seats in the r'. Jational Assembly.
National Allocation List Based on the number of candidates fielded by a party on the national assembly list, with 200 securing points and those fielding fewer candidates securing points on a pro rata basis.
National Assembly Regional List Allocation Based on the number of candidates fielded by a party on the national assembly's regional list, with 200 securing 25 points and those fielding fewer candidates securing points on a pro rata basis.
Based on the number of provincial legislature candidates fielded by each party throughout the country, with a party fielding the maximum securing points and parties fielding fewer candidates securing points on a pro rata basis.