72 No. 28743 Act No. 36, 2005 GOVERNMENT GAZETTE, 18 APRIL 2006 ELECTRONIC COMMUNICATIONS ACT, 2005 Commercial broadcasting service licences 51. In considering the grant of a new commercial broadcasting service licence the Authority must, with due regard to the objects and principles enunciated in section 2, among others take into account the following: (a) The demand for the proposed broadcasting service within the proposed 5 licence area; (b) The need for the proposed broadcasting service within such licence area, having regard to the broadcasting services already existing in that area; (c) The expected technical quality of the proposed broadcasting service, having 10 regard to developments in broadcasting technology; (d) The capability, expertise and experience of the applicant; (e) The financial means and business record of the applicant; (f) The business record of persons in a position to control the operations of the licensee, either in an individual capacity or directly or indirectly in relation to 15 management or corporate structure; (g) The applicant’s record and the record of those persons referred to in paragraph (f), in relation to situations requiring trust and candour; (h) Whether the applicant is precluded, in terms of section 64 from holding a broadcasting service licence; and (i) Whether either the applicant or persons referred to paragraph (f) have been 20 convicted of an offence in terms of this Act or the related legislation. Prohibition on granting of broadcasting service licence to party-political entities 52. No broadcasting service licence may be granted to any party, movement, organisation, body or alliance which is of a party-political nature. Record of programmes broadcast by broadcasting service licensees 25 53. (1) A broadcasting service licensee must— (a) on demand by the Authority, produce to the Authority any recording of every programme broadcast in the course of his or her broadcasting service for examination or reproduction, within 60 days from the date of broadcast; (b) on demand of the Complaints and Compliance Committee, produce to the 30 Complaints and Compliance Committee any script or transcript of a programme after the broadcast of the programme. (2) Nothing in this Act may be construed as requiring or authorising the Authority or the Complaints and Compliance Committee, in the performance of its functions, to view 35 programmes prior to their being broadcast. Code of conduct for broadcasting service licensees 54. (1) The Authority must, as soon as reasonably possible after the coming into effect of this Act and subject to this Act, review existing regulations, and prescribe regulations setting out a code of conduct for broadcasting service licensees. (2) Subject to the provisions of subsection (3), all broadcasting service licensees must 40 adhere to the code of conduct for broadcasting service licensees as prescribed. (3) The provisions of subsection (2) do not apply to a broadcasting service licensee who is a member of a body which has proved to the satisfaction of the Authority that its members subscribe and adhere to a code of conduct enforced by that body by means of its own disciplinary mechanisms, provided such code of conduct and disciplinary 45 mechanisms are acceptable to the Authority. Control over advertisements 55. (1) All broadcasting service licensees must adhere to the Code of Advertising Practice (in this section referred to as the Code) as from time to time determined and 50 administered by the Advertising Standards Authority of South Africa.