STAATSKOERANT, 24 JANUARIE 2014 No. 37261 3.2 Broadcasting services sector 3.2.1 Legislative and policy environment The transformation of broadcasting in South Africa from the state controlled apartheid system to an independently regulated sector underpinned by the constitutional imperative of freedom of expression began even before the 1994 democratic elections, with the promulgation of the Independent Broadcasting Act and the appointment of a publicly nominated board of the South African Broadcasting Corporation (SABC) in 1993. The Independent Broadcasting Authority (IBA) was appointed in 1994 and initiated, in line with its founding legislation, the Triple Inquiry into the Protection and Viability of the Public Broadcaster, Cross Media Control, and Local Content. This inquiry provided the basis for the initial re-regulation of the broadcasting sector and licensing of new community and private services. The 1998 White Paper on Broadcasting focused on extending the initial reforms through the development of a national policy and clearly defining the roles and responsibilities of parliament, the executive, the independent regulator and the broadcasting sector. The principles and approaches outlined in the White Paper are crystallised in the Broadcasting Act, no 4 of 1999, the Independent Communications Authority of South Africa Act, no 13 of 2000 and the Electronic Communications Act, no 36 of 2005. The policy framework and related legislation emphasises the central importance of the constitution in developing the regulatory approach to the sector. "The South African constitution guarantees a number of fundamental rights, which should be taken into account in determining broadcasting policy and its regulation. Amongst these are: Freedom of expression for all South Africans The right to equality The equality of all languages The multi-cultural nature of SA and the right of all South Africans to the promotion of their cultures Choice and diversity" Within this context, the 1998 broadcasting policy framework identifies key public interest values such as universal access, diversity, equality and independence and it outlines how broadcasting services are collectively responsible for meeting these. The policy and laws set out, among other things: Specific provisions to ensure fair competition between services. The EC Act in particular emphasises the role of the regulator in relation to that of competition authorities and set out processes to be followed by ICASA in determining ex-ante provisions. Clarity on the role of the SABC as the public broadcaster, the introduction of a Charter for Public Broadcasting and provisions for funding the public mandate via licence fees, cross-subsidisation of public services by a public commercial wing and government funding. Rules on ownership and control of broadcasting services to limit media concentration and promote diversity and broad-based black economic empowerment. 17 400167—C This gazette is also available free online at www.gpwonline.co.za 21