Electronic Communications Act, 2005 (Act No. 36 of 2005)Chapter 9 : Broadcasting Services59. Equitable treatment of political parties, independent representatives and independent candidates by broadcasting service licensees during election period |
[Section 59 heading substituted by sections 41 and 42(d) 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) | If, during an election period, the coverage of any broadcasting service extends to the field of elections, political parties, independent representatives or independent candidates and issues relevant thereto, the broadcasting services licensee concerned must afford reasonable opportunities for the discussion of conflicting views and must treat all political parties, independent representatives and independent candidates equitably. |
| (2) | In the event of any criticism against a political party, independent representative or independent candidate being levelled in a particular programme of any broadcasting service— |
| (a) | without such party, independent representative or independent candidate having been afforded an opportunity to respond thereto in such programme; or |
| (b) | without the view of such political party, independent representative or independent candidate having been reflected therein, |
the broadcasting services licensee concerned must afford such party a reasonable opportunity to respond to the criticism.
| (3) | If, within 48 hours before the commencement of the polling period or during the polling period, a broadcasting services licensee intends broadcasting a programme in which a particular political party, independent representative or independent candidate is criticised, the licensee must ensure that the political party, independent representative or independent candidate in question is given a reasonable opportunity to— |
| (a) | respond thereto in the same programme; or |
| (b) | respond thereto as soon as is reasonably practicable thereafter. |
| (4) | Subsection (3) does not apply in relation to the contents of any election broadcast in the circumstances contemplated in section 57 and any political advertisement in the circumstances contemplated in section 58. |
[Section 59 substituted by section 41 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]