Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 9 : Broadcasting Services57. Broadcasting of election broadcasts on public broadcasting services |
[Section 57 heading substituted by sections 39 and 42(c) of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]
| (1) | Subject to the provisions of this section, a public broadcasting service licensee must permit an election broadcast only during an election period and then only if such a broadcast is produced on behalf of the political party, independent representative or independent candidate in question at the instance of its or their duly authorised representative. |
| (2) | The Authority must determine the time to be made available to political parties, independent representatives and independent candidates for the purposes of subsection (1), including the duration and scheduling of election broadcasts, taking into account the financial and programming implications for the broadcasting services in question. |
| (3) | The Authority must consult with the relevant public broadcasting service licensee and all the political parties, independent representatives and independent candidates nominated to contest the election concerned prior to making any determination in terms of subsection (2). |
| (4) | In making any determination in terms of subsection (2), the Authority may impose such conditions on a public broadcasting service licensee with respect to election broadcasts as it considers necessary, having due regard to the fundamental principle that all political parties, independent representatives and independent candidates are to be treated equitably. |
| (5) | An election broadcast may not contain any material which may reasonably be anticipated to expose the broadcasting service licensee to legal liability if such material were to be broadcast. |
| (6) | An election broadcast must conform to a technical quality acceptable to the Authority. |
| (7) | No election broadcast may be broadcast later than 48 hours prior to the commencement of the polling period. |
| (8) | A commercial or community broadcasting service licensee is not required to broadcast election broadcasts, but if he or she elects to do so, the preceding provisions of this section applies, with the necessary changes. |
[Section 57 substituted by section 39 of the Electoral Matters Amendment Act, 2024, Notice No. 4790, GG50624, dated 7 May 2024 - Commencement 8 May 2024 by Proclamation 165, GG50628, dated 8 May 2024]