ICASA has published an Issues Paper on the Review of the Broadcasting Regulatory Framework towards a Digitally Converged Environment (6MB .pdf). This is mainly focused on broadcasting but potentially touches on issues relevant to electronic communications service providersn such as Internet Service Providers when it covers the need to review content regulation on broadcasters given the increasing delivery of the same content over other delivery platforms.
Comment due by 14 March with public hearings scheduled for 26 – 30 March 2012.
Executive Summary:
The Independent Communication Authority of South Africa, hereafter referred to as the Authority, carries out its regulatory policy making function in a broadcasting environment undergoing far-reaching change: it is an entirely digital environment, it is both linear and non-linear, access is free or for a charge, and all communications platforms now offer broadcasting content. It is necessary to review previous regulations governing the broadcasting industry so as to take into account these new technological, cultural, economic and social challenges.
The need to review analogue regulatory regimes as a result of the transition to digital terrestrial television broadcasting has been recognised by various policy and regulatory authorities, such as Australia, Canada, United Kingdom and New Zealand. The authorities engaged in various public processes to adapt their existing regulatory frameworks to the new market structures and dynamics of the broadcasting industry in order to achieve their respective public policy goals.
The switch-over of broadcasting from analogue terrestrial television to digital terrestrial television is scheduled to take place in 2013.
There have been two prior reviews of the regulatory landscape, The Triple Inquiry Report (1996) and The Broadcasting Act (1999), but these both took place In the analogue transmission era.
The overall objective is to ensure that regulatory framework for broadcasting services promotes the development of public, commercial and community broadcasting services which, in the context of digital
convergence and migration, are responsive to the needs of the public, which promote a plurality of news, views and information and provide a wide range of entertainment and educational programmes, a proportion of which are locally produced; and provide legal and investor certainty.
This will be achieved through the strategic review and assessment of the future needs of the broadcasting regulatory framework in South Africa. The current analogue technology-based regulatory framework for broadcasting does not fit with the reality of the continued rise of digital technology and the expected influx of competing media services on the next generation networks or platforms which are not subject to the same regulatory obligations imposed on current broadcasting services licensees.
The Authority’s Issues Paper first explores the context and guiding regulatory principles for the review of the broadcasting sector regulatory framework, and then outlines the legislative background and overview of ICASA regulatory mandate.
It highlights the digitally converged regulatory frameworks in international jurisdictions. In dealing with the challenges facing the current South African regulatory frameworks, specific regulatory questions are raised for consideration by all stakeholders. The paper raises general regulatory policy issues for further comment before dealing with conclusions and consolidating all consultation questions.
From January to March 2012 the Authority will engage the relevant stakeholders and the public in a comprehensive Provincial consultative process.
The Issues Paper reflects a neutral discussion of critical regulatory frameworks moving into the digitally converged environment. At this early stage of the review process, the Authority will not draw any conclusions.
ICASA has published an Issues Paper on the Review of the Broadcasting Regulatory Framework towards a Digitally Converged Environment (6MB .pdf). This is mainly focused on broadcasting but potentially touches on issues relevant to electronic communications service providersn such as Internet Service Providers when it covers the need to review content regulation on broadcasters given the increasing delivery of the same content over other delivery platforms.
Comment due by 14 March with public hearings scheduled for 26 – 30 March 2012.
Executive Summary:
The Independent Communication Authority of South Africa, hereafter referred to as the Authority, carries out its regulatory policy making function in a broadcasting environment undergoing far-reaching change: it is an entirely digital environment, it is both linear and non-linear, access is free or for a charge, and all communications platforms now offer broadcasting content. It is necessary to review previous regulations governing the broadcasting industry so as to take into account these new technological, cultural, economic and social challenges.
The need to review analogue regulatory regimes as a result of the transition to digital terrestrial television broadcasting has been recognised by various policy and regulatory authorities, such as Australia, Canada, United Kingdom and New Zealand. The authorities engaged in various public processes to adapt their existing regulatory frameworks to the new market structures and dynamics of the broadcasting industry in order to achieve their respective public policy goals.
The switch-over of broadcasting from analogue terrestrial television to digital terrestrial television is scheduled to take place in 2013.
There have been two prior reviews of the regulatory landscape, The Triple Inquiry Report (1996) and The Broadcasting Act (1999), but these both took place In the analogue transmission era.
The overall objective is to ensure that regulatory framework for broadcasting services promotes the development of public, commercial and community broadcasting services which, in the context of digital
convergence and migration, are responsive to the needs of the public, which promote a plurality of news, views and information and provide a wide range of entertainment and educational programmes, a proportion of which are locally produced; and provide legal and investor certainty.
This will be achieved through the strategic review and assessment of the future needs of the broadcasting regulatory framework in South Africa. The current analogue technology-based regulatory framework for broadcasting does not fit with the reality of the continued rise of digital technology and the expected influx of competing media services on the next generation networks or platforms which are not subject to the same regulatory obligations imposed on current broadcasting services licensees.
The Authority’s Issues Paper first explores the context and guiding regulatory principles for the review of the broadcasting sector regulatory framework, and then outlines the legislative background and overview of ICASA regulatory mandate.
It highlights the digitally converged regulatory frameworks in international jurisdictions. In dealing with the challenges facing the current South African regulatory frameworks, specific regulatory questions are raised for consideration by all stakeholders. The paper raises general regulatory policy issues for further comment before dealing with conclusions and consolidating all consultation questions.
From January to March 2012 the Authority will engage the relevant stakeholders and the public in a comprehensive Provincial consultative process.
The Issues Paper reflects a neutral discussion of critical regulatory frameworks moving into the digitally converged environment. At this early stage of the review process, the Authority will not draw any conclusions.