Media and policy issues: South Africa case study PGDip 2006

External media policy context External media policy context Pre and post apartheid policy Pre and post apartheid policy Key moment – 1993 Key moment – 1993 Three tier broadcast system (mixed paradigms) Three tier broadcast system (mixed paradigms) Policy theory v actual practice. Policy theory v actual practice. 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 made and/or implemented? parties parties parliament parliament government government Icasa Icasa industry (BCCSA, Ombudsman) industry (BCCSA, Ombudsman) Film and Publications Board Film and Publications Board Media Devt and Diversity Agency Media Devt and Diversity Agency

Players in SA media policy Actors within govt, parliament, civil service, parties, Icasa Actors within govt, parliament, civil service, parties, Icasa SABC Board SABC Board Business (eg. Convergence Bill) Business (eg. Convergence Bill) Civil Society groups Civil Society groups Courts, Competition Commission. Courts, Competition Commission. Note: conflicts between sites and also between players Note: conflicts between sites and also 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 liberal INDUSTRY STRUCTURE MEDIA CONTENTS

Golding: Policy systems Authoritarian Libertarian interventionist liberal INDUSTRY STRUCTURE MEDIA CONTENTS

Golding: Policy systems AuthoritarianFree market + strong state RegulatoryLibertarian interventionist liberal INDUSTRY STRUCTURE MEDIA CONTENTS Note: label

Apartheid: authoritarian Values & interests: Values & interests: – racist, anti-democratic = State control (& law): = State control (& law): – Broadcast near monopoly – Print hemmed in by laws Aim: media as tool for apartheid Aim: media as tool for apartheid No democ / freedom / equality No democ / freedom / equality

Key moment: 1993 Three groups (cf Horwitz): Three groups (cf Horwitz): – ANC (new state) – NP (old state, pro-market) – Civil society (pro-participation) ANC and NP compromise: ANC and NP compromise: – ok, neither will control bdcasting. Civil society writes 1993 IBA Act. Civil society writes 1993 IBA Act.

ANC policy De Klerk liberalised 1990 De Klerk liberalised 1990 ANC 1992 policy: ANC 1992 policy: – pluralism essential to democracy (neo-liberal). – Freedom to be complemented by conscious effort to push debate (social- democratic). – Access for all (participatory). – Access to info

New factors at work … Freedom of Expression Freedom of Expression Deregulation, Liberalisation Deregulation, Liberalisation Privatisation, Commercialisation Privatisation, Commercialisation Concentration and ownership Concentration and ownership PBS PBS Language and social issues Language and social issues Convergence Convergence

Post-apartheid media policy Values & interests: Values & interests: – non-racial, BEE, democratic State liberalised: State liberalised: – Broadcast pluralism (neo-liberal) – Print is free (liberal) – Subsidies by MDDA (grassroots) Aim: media as mixed sector providing: Aim: media as mixed sector providing: –Public service + access + make money – (functionalist paradigm = serve society)

New bdcast landscape 94: Regulator: Regulator: –IBA (broadcast) –Satra (telecoms) –Merger: Icasa Regulator “Triple enquiry issues”: Regulator “Triple enquiry issues”: – local content – funding public broadcaster – cross & foreign ownership

Power & participatory issues: Who finally decides policy: Who finally decides policy: – Icasa, govt, SABC board, parliament, public…?  Eg. SABC’s internal policies issue: Minister & Icasa lost out. Who makes policy? Compare: Who makes policy? Compare: – Very participative group: 1993 Act –IBA became centre of policy making –Gvt clawed back: –Stakeholders group (ngos, unions, business):  green & white paper: 1997 Act – 2003 convergence bill – less consultation: only industry.

Regulator & policy Who makes policy? Who makes policy? Horwitz (2): shift to representative governance Horwitz (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; President sends Act back to parliament because this would be unconstitutional. 2005/5: Minister wants to appoint councillors; President sends Act back to parliament because this would be unconstitutional. Compromise: gvt gives broad policy directives, transparent, parliament. Compromise: gvt gives broad policy directives, transparent, parliament.

3. Media landscape

Newspapers – 1993 regulations –No person who controls a newspaper which has 20 percent or more of the newspaper circulation in a specific area, may control a radio station in the same or a substantially overlapping area. –A 20 percent shareholding in a radio or television station is deemed to be control.

Three tier broadcast 1. Community broadcasting: new stations licensed new stations licensed 2. Public broadcasting: - a cut-back SABC - a cut-back SABC 3. Private broadcasting: – privatised 6 stations – greenfields stations

Complementarities

Complementarities

Complementarities

Complementarities

Complementarities

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 complexities Convergence: Convergence: –“Triple play”: tv, telephones, Net – global aspect (undersea cable): whose policy? – Policy objectives blur Commerce vs govt policy objectives Commerce vs govt policy objectives

Summing up Current SA players in media policy Current SA players in media policy Pre and post apartheid policy Pre and post apartheid policy Key moment – 1993 Key moment – 1993 Three tier system (mixed paradigms) Three tier system (mixed paradigms) Policy theory v actual practice. Policy theory v actual practice.

Thank you