Legislation: Input sought on ‘must carry’ broadcasting document

A discussion document on ‘must carry’ subscription broadcasting service regulations in other jurisdictions and the extent to which SA might possibly learn from their experiences was gazetted last month for input by 6 March, reports Pam Saxby for Legalbrief Policy Watch.  As the next step in an inquiry being conducted by the Independent Broadcasting Authority of SA (Icasa) into the effectiveness of prevailing ‘must carry’ legislation, the document poses questions designed to elicit the views of stakeholders on a range of issues, including whether Icasa has a role to play in negotiating ‘must carry’ contracts; dispute resolution should it assume such a role; and the need for a ‘framework for commercial agreements’.

The document also seeks input on the implications of the ‘digital environment’ and the upcoming ‘dual illumination period’ for existing ‘must carry’ regulations; the need for compliance monitoring; if licensees experience a compliance ‘burden’ and, if so, how to address it; the ‘actual costs’ of meeting existing requirements; their impact on subscribers; and the possibility of subscription broadcasters selecting which SABC programmes they should carry.