By Lehlohonolo Lehana.
Department of Communications and Digital Technologies has published a draft white paper on Audio and Audiovisual Media Services and Online Content Safety for public comment on Monday (31 July).
The department wants to empower the government to have a hand in determining which sports events should be declared events of national interest, challenging the exclusivity of their broadcast rights.
According to the department, “sport of national interest” has become a thorny issue in South Africa not just for accessibility by the public, but also for the promotion and development of these sporting codes.
“To ensure the public continues to enjoy free-to-air and free-to-view access to listed events, the listing of national sporting events which are in the public interest will be extended to include the broader Audio and Audiovisual Content Service (AAVCS) market,” it said.
The paper proposes that a new set of regulations be introduced to give the regulator clear guidance in legislation on the criteria to use in determining the list of sports that qualify as being in the “national interest” – while also extending the scope to include other events of major public importance or cultural significance for example, presidential inaugurations or state funerals.
While the government doesn’t plan to interfere with broadcasters’ rights to bid for licences – as these can be fundamental to the commercial viability of certain services – some sporting events will need to be sub-licenced to free-to-air broadcasters.
The department noted that there are already legislative mechanisms in place to ensure that national sporting events identified as being in the public interest are aired free-to-air and not only over subscription services.
However, recent events suggest that the regulator – ICASA – struggles with determining which events should be on the list.
Thus, it is being proposed that the minister of Arts, Culture and Sports, in consultation with the minister of Communications and Digital Technologies, come up with the list.
Multichoice, which currently has exclusive broadcasting rights over many sporting events and makes them available through its DStv product – often on the most expensive package – disagrees with the proposals.
According to the white paper, the group argued that identifying the specific national sporting events is the responsibility of ICASA, which was established as the independent regulator, and is responsible for the regulation of broadcasting.
The group said that the identification of national sporting events in the public interest is, therefore, a function to be performed by ICASA.
According to Multichoice, ICASA is required to identify national sporting events in the public interest after consulting the Minister of Communications and the Minister of Sport – not the other way around. This obligation to consult the Ministers ensures that ICASA takes policy considerations into account.