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Media and policy issues: South Africa case study
PGDip 2006
External media policy External media policy contextcontext
Pre and post Pre and post apartheid policyapartheid policy
Key moment – 1993Key moment – 1993 Three tier broadcast Three tier broadcast
system (mixed system (mixed paradigms) paradigms)
Policy theory v actual Policy theory v actual practice.practice.
Can we fly?Can we fly?
1. LAW and POLICY SA Constitution = qualified free
expression, free enterprise. Law on Hate Speech. Law on Film & Publications. Defamation & copyright law.
Constitutional guarantee of an independent regulator.
What policy is embedded in all this?
Where is SA govt policy on media Where is SA govt policy on media made and/or implemented?made and/or implemented?
parties parties parliamentparliament governmentgovernment IcasaIcasa industry (BCCSA, Ombudsman)industry (BCCSA, Ombudsman) Film and Publications BoardFilm and Publications Board Media Devt and Diversity AgencyMedia Devt and Diversity Agency
PlayersPlayers in SA media policy in SA media policy
Actors within govt, parliament, civil Actors within govt, parliament, civil service, parties, Icasaservice, parties, Icasa
SABC BoardSABC Board Business (eg. Convergence Bill)Business (eg. Convergence Bill) Civil Society groupsCivil Society groups Courts, Competition Commission. Courts, Competition Commission. Note: conflicts between sites and Note: conflicts between sites and
also between playersalso between players
2. Then and now Contrasting media landscape today, with
that of the past Relating the different shapes (form, and
content) to policy.
Golding - Policy focuses on:
INDUSTRY STRUCTURE
MEDIA
CONTENTS
Golding: Policy ethos
interventionist
inte
rventio
ni
st
liberal
liber
al
INDUSTRY STRUCTURE
MEDIA
CONTENTS
Golding: Policy systems
Authoritarian
Libertarian
interventionist
inte
rventio
ni
st
liberal
liber
al
INDUSTRY STRUCTURE
MEDIA
CONTENTS
Golding: Policy systems
Authoritarian Free market + strong
state
Regulatory Libertarian
interventionist
inte
rventio
ni
st
liberal
liber
al
INDUSTRY STRUCTURE
MEDIA
CONTENTS Note: label
Apartheid: authoritarianApartheid: authoritarian
Values & interests:Values & interests:– racist, anti-democraticracist, anti-democratic
= State control (& law):= State control (& law):– Broadcast near monopolyBroadcast near monopoly– Print hemmed in by lawsPrint hemmed in by laws
Aim: media as tool for apartheidAim: media as tool for apartheid No democ / freedom / equalityNo democ / freedom / equality
Key moment: 1993 Key moment: 1993
Three groups (cf Horwitz):Three groups (cf Horwitz):– ANC (new state)ANC (new state)– NP (old state, pro-market)NP (old state, pro-market)– Civil society (pro-participation)Civil society (pro-participation)
ANC and NP compromise: ANC and NP compromise: – ok, neither will control bdcastingok, neither will control bdcasting..
Civil society writes 1993 IBA Act. Civil society writes 1993 IBA Act.
ANC policyANC policy De Klerk liberalised 1990De Klerk liberalised 1990 ANC 1992 policy:ANC 1992 policy:
– pluralism essential to pluralism essential to democracy (neo-liberal). democracy (neo-liberal).
– Freedom to be Freedom to be complemented by complemented by conscious effort to push conscious effort to push debate (social-democratic).debate (social-democratic).
– Access for all Access for all (participatory). (participatory).
– Access to infoAccess to info
New factors at work …New factors at work … Freedom of ExpressionFreedom of Expression Deregulation, LiberalisationDeregulation, Liberalisation Privatisation, CommercialisationPrivatisation, Commercialisation Concentration and ownershipConcentration and ownership PBSPBS Language and social issuesLanguage and social issues ConvergenceConvergence
Post-apartheid media policyPost-apartheid media policy Values & interests:Values & interests:
– non-racial, BEE, democraticnon-racial, BEE, democratic State liberalised:State liberalised:
– Broadcast pluralism (Broadcast pluralism (neo-liberalneo-liberal))– Print is free (Print is free (liberalliberal) ) – Subsidies by MDDA (Subsidies by MDDA (grassrootsgrassroots))
Aim: media as mixed sector Aim: media as mixed sector providing:providing:– Public service + access + make moneyPublic service + access + make money– (functionalist paradigm = serve society(functionalist paradigm = serve society))
New bdcast landscape 94: New bdcast landscape 94:
Regulator:Regulator:– IBA (broadcast)IBA (broadcast)– Satra (telecoms)Satra (telecoms)– Merger: IcasaMerger: Icasa
Regulator “Triple enquiry issues”:Regulator “Triple enquiry issues”:– local contentlocal content– funding public broadcasterfunding public broadcaster– cross & foreign ownershipcross & foreign ownership
Power & participatory issues:Power & participatory issues:
Who finally decides policyWho finally decides policy::– Icasa, govt, SABC board, parliament, public…?Icasa, govt, SABC board, parliament, public…?
Eg. SABC’s internal policies issue: Minister & Icasa Eg. SABC’s internal policies issue: Minister & Icasa lost out. lost out.
Who makes policy? Compare: Who makes policy? Compare: – Very participative group: 1993 Act Very participative group: 1993 Act – IBA became centre of policy makingIBA became centre of policy making– Gvt clawed back: Gvt clawed back: – Stakeholders group (ngos, unions, business): Stakeholders group (ngos, unions, business):
green & white paper: 1997 Actgreen & white paper: 1997 Act
– 2003 convergence bill – less consultation: only 2003 convergence bill – less consultation: only industry.industry.
Regulator & policyRegulator & policy Who makes policy?Who makes policy? Horwitz (2): shift to representative governanceHorwitz (2): shift to representative governance How does Icasa account? (And avoid scandals.)How does Icasa account? (And avoid scandals.) 2005/5: Minister wants to appoint councillors; 2005/5: Minister wants to appoint councillors;
President sends Act back to parliament President sends Act back to parliament because this would be unconstitutional.because this would be unconstitutional.
CompromiseCompromise: gvt gives broad policy directives, : gvt gives broad policy directives, transparent, parliament. transparent, parliament.
3. Media landscape
Newspapers – 1993 Newspapers – 1993 regulationsregulations
– No person who controls a No person who controls a newspaper which has 20 percent newspaper which has 20 percent or more of the newspaper or more of the newspaper circulation in a specific area, may circulation in a specific area, may control a radio station in the same control a radio station in the same or a substantially overlapping or a substantially overlapping area. area.
– A 20 percent shareholding in a A 20 percent shareholding in a radio or television station is radio or television station is deemed to be control.deemed to be control.
Three tier broadcastThree tier broadcast
1. Community broadcasting:1. Community broadcasting: - 130 new stations licensed- 130 new stations licensed
2. Public broadcasting:2. Public broadcasting: - a cut-back SABC- a cut-back SABC
3. Private broadcasting:3. Private broadcasting:– privatised 6 stations privatised 6 stations – greenfields stationsgreenfields stations
ComplementaritiesComplementarities
TIEROwnership Purpose Obligs Funding
CommunityPBSCommercial
FEATURES
ComplementaritiesComplementarities
TIEROwnership Purpose Obligs Funding
Community communityPBS stateCommercial private
FEATURES
ComplementaritiesComplementarities
TIEROwnership Purpose Obligs Funding
Community community accessPBS state public
serviceCommercial private growth
FEATURES
ComplementaritiesComplementarities
TIEROwnership Purpose Obligs Funding
Community community access mediumPBS state public
servicehigh
Commercial private growth low
FEATURES
ComplementaritiesComplementarities
TIEROwnership Purpose Obligs Funding
Community community access medium volunteer, donors, ads
PBS state public service
high nat adverts, licenses, sponsors
Commercial private growth low adverts, sponsors
FEATURES
Theory vs Practice (chaos?) Funding:
all chasing advertising, competing. Access:
all providing some access SABC: (White Paper, Bdcst Law.)
Pbs and Cpbs – the difference?, Two new television stations – funding? Debate over re-licensing.
More complexitiesMore complexities
Convergence:Convergence:– ““Triple play”: tv, Triple play”: tv,
telephones, Nettelephones, Net– global aspect (undersea global aspect (undersea
cable): whose policy?cable): whose policy?– Policy objectives blurPolicy objectives blur
Commerce vs govt Commerce vs govt policy objectivespolicy objectives
Summing upSumming up
Current SA players in media policyCurrent SA players in media policy Pre and post apartheid policyPre and post apartheid policy Key moment – 1993Key moment – 1993 Three tier system (mixed Three tier system (mixed
paradigms) paradigms) Policy theory v actual practice.Policy theory v actual practice.
Thank you