Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 9 : Broadcasting Services58. Political advertising on broadcasting services |
| (1) | A broadcasting service licensee is not required to broadcast a political advertisement, but if he or she elects to do so, he or she must afford all other political parties, independent representatives and independent candidates, should they so request, a like opportunity. |
[Section 58(1) substituted by section 40(a) 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]
| (2) | A broadcasting service licensee may broadcast a political advertisement only during an election period and then only if it has been submitted to such licensee on behalf of a political party, independent representative or independent candidate by its or their duly authorised representative. |
[Section 58(2) substituted by section 40(a) 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]
| (3) | In making advertising time available to political parties, independent representatives and independent candidates, no broadcasting service licensee may discriminate against any political party, independent representative or independent candidate, or make or give any preference to any political party or independent candidate, or subject any political party, independent representative or independent candidate to any prejudice. |
[Section 58(3) substituted by section 40(a) 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]
| (4) | A political advertisement 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. |
| (5) | A political advertisement must conform to a technical quality acceptable to the Authority. |
| (6) | No political advertisement may be broadcast later than 48 hours prior to the commencement of the polling period. |
| (7) | This section is subject to the provisions of any law relating to the expenditure of political parties, independent representatives and independent candidates during an election period. |
[Section 58(7) substituted by section 40(b) 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]