Media Development and Diversity Agency Convergence Bill Submission to Parliament

The Team  Dr Mashilo Boloka (Board member)

Mandate The MDDA should:  “…(C)reate an enabling environment for media development and diversity … which reflects the needs and aspirations of all South Africans  “ Redress exclusion and marginalisation of disadvantaged communities and persons from access to the media and the media industry;  “Promote media development and diversity by providing support primarily to community and small commercial media projects…” ( Preamble MDDA Act no 14 of 2002 )

Vision Each and every South African citizen should have access to a choice of a diverse range of media

Mission The MDDA is a development agency that will assist in building an environment where a diverse, vibrant and creative media flourishes and reflects the needs of all South Africans

Introduction  MDDA welcomes the introduction of a framework for encouraging convergence  The Bill is a timely response to the inevitable technological changes both national and internationally  An enabling and coherent convergence policy and regulatory framework will facilitate building an environment where many diverse voices can be heard

Context  Close to 100 community radio stations are on air  ICASA has invited applications in another 18 rural and urban development areas  More commercial licences further invited in secondary markets  Community TV promised to be licensed in 2006  Close to 400 grassroots publications across South Africa

Growth of community radio

Context  Many communities however do not have access to media

MDDA Approach to the Bill  The Bill as it impacts on media development and diversity

General Comments  Difficult to assess the Bill without sight of ICASA Amendment Bill. Many suggestions may be incorporated in this Bill.  Legislature must ensure that the Bill enables the regulator to efficiently and effectively develop creative solutions to enable convergence  Bill is difficult for ordinary person to understand and apply.  Need plain language edit.

General Comments  Legislature must ensure that it is clear which Bills apply to which sectors (i.e. broadcasters and telecommunications operators)  Must also ensure it is clear which sections apply to broadcasting and content  Parliament must ensure that there is a clear framework to ensure affordability of telecommunications services

IBA Act  Clauses relating to ownership limitations of stations have not been included in Convergence Bill  ICASA submitted proposals in this regard after public consultation process. Parliament should consider these proposed revisions.  MDDA would like an opportunity to comment more fully thereon when Parliament debates these clauses in order to assess impact on diversity how best to ensure diversity of ownership and content.

IBA Act cont  Clauses on categories of signal distribution operators have been removed.  Parliament needs to consider implications of removing obligation on Sentech as common carrier and concomitant access to high sites  Parliament needs further to consider implications for community radio on removal of right to self provide signal distribution. This has allowed community radio stations to broadcast cost effectively in areas where Sentech does not necessarily currently have transmitters

Definitions  Community Radio definition is same as IBA Act. Broadcasting Act provides a more substantive definition – focusing on ownership and content  Suggest adopt amended version of Broadcasting Act definition  Should however remove references to having a Board elected at an AGM. Rather state Board must be democratically chosen by target community.

Regulations  The Bill currently details those issues which the regulator may prescribe regulations on  Legislature should consider if this might limit power as it may not be an exhaustive list  Could for example allow regulator to prescribe regulations to further objects of Act or specific objects (such as diversity)  Should limit powers to promote certainty by clearly stating procedures to be utilised (e.g. could state that Authority must first get public comment on its intention to consider such regulations and must consider impact on viability of operators and on fair competition)

South African content  MDDA proposes there is a need to strengthen clauses relating to South African content  Section 8 of the Bill states that ICASA can set targets for news, information, music and “programmes of local or and regional significance”.  Broadcasting Bill and existing regulations is more extensive – and includes for example the need for tv channels to include a range of SA content in different genres including drama, children’s programming and educational programming

Licence Conditions  Bill states that Minister should approve of licence conditions before issue  Legislature must consider implications on freedom of expression clauses in Constitution  Furthermore this could lead to delays in issuing of licences – and therefore impact on media diversity

Universal Service Agency  MDDA and USA have begun exploring partnerships to ensure access  It must be noted that MDDA Act requires us to interact with the USA specifically. No such concomitant requirement is however placed on USA in the legislation.

Universal Service Fund  MDDA notes that the Bill would require ALL licensees to contribute to the Fund  This may have implications on the future of the MDDA – and therefore on our capacity to deliver on our mandate

USA and MDDA merger?  Some submissions have suggested a merger between two entities.  Mandates are different (we focus on print and broadcasting across South Africa, USA focuses on telecoms infrastructure)  Note further that mandate of USF is to extend access to infrastructure. MDDA focuses on access to information and content.  Concerned impact this would have on delivery of MDDA mandate

Do We need MDDA in the Era of Convergence?  MDDA: Established out of the consultative and participatory process involving government, civil society, public and business  A unique Government/Private media Partnership admired and modelled globally

Some memorable Achievements  Since then: Expended over R12m in support for 80 projects across SA

Some memorable Achievements  Mentoring: A database of mentors developed  Network opportunities: Advertising and marketing workshops for about 200 different media organisations in four provinces  Training & Capacity building: Bursaries to 21 different print and broadcast managers  We will be running 9 workshops in all provinces on how to mobilise resources in September 2005

Some memorable Achievements  Note: All achieved in less than 18 months  Therefore: The need for the MDDA Should not be questioned. It is a vehicle through which media development, diversity and access can be realized in the era of convergence  MDDA/USA Merger: Premature

Transitional provisions  MDDA is concerned about ICASA’s capacity and resources to deal with these efficiently.  Particularly: The conversion of licencesThe conversion of licences Time framesTime frames The complexity of the process and its consequencesThe complexity of the process and its consequences NOTE: Lessons can be drawn from IBA/SATRA merger on managing transition

Conclusion  Drawing from this Bill: Convergence is a complex process. Therefore, it should not be a head-long rush, BUT a cautious managed one taking into account: the history of SA communication/media industry, The role of development media- needs to be grand-fathered.  Otherwise: it may be a reversal of achievements made, i.e. diversity and access which the MDDA is mandated to carry forward.

Conclusion THANK YOU! Dankie! Re a Leboga!