Electronic Communications Act, 2005 (Act No. 36 of 2005) Regulations National and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2024 1. Definitions

 

In these Regulations, unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Electronic Communications Act, 2005 (Act No. 36 of 2005) will bear such meaning, unless the context indicates otherwise:—

 

"the Act"

means the Electronic Communications Act, 2005 (Act No. 36 of 2005);

 

"the Authority"

means the Independent Communications Authority of South Africa, established in terms of section 3(1) of the ICASA Act;

 

"Broadcasting Act"

means Broadcasting Act, 1999 (Act No. 4 of 1999);

 

"BSL"

means broadcasting service licensee;

 

"CCC"

means the Complaints and Compliance Committee established by the Authority in terms of section 17A of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000);

 

"CCC Regulations"

means the Regulations Governing Aspects of the Procedures of the Complaints and Compliance Committee of the Authority, published in Government Gazette No. 33609, Notice No. R 886 on 6 October 2010;

 

"Commission"

[Definition deleted by section 2(2.1) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"Constitution"

means the Constitution of the Republic of South Africa 1996;

 

"current affairs programme"

means a program that is not a news bulletin but which focuses on and includes comment on and interpretation and analysis of issues of immediate social, political or economic relevance and matters of international, national, regional and local significance;

 

"election broadcast period"

means the period within which political election broadcasts may be transmitted, such period commencing after the publication of the PEB slots by the Authority and ending 48 hours before polling commences;

[Definition substituted by section 2(2.2) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"election period"

means the period commencing with the date on which the election day is proclaimed and ending on the day immediately following upon the day on which candidates of any of the political parties are declared elected;

 

"Electoral Act"

means the Electoral Act, 1998 (Act No. 73 of 1998);

 

"Electoral Code"

means the Electoral Code of Conduct as set out in Schedule 2 of the Electoral Act;

 

"Electoral Commission Act"

[Definition deleted by section 2(2.3) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"ICASA Act"

means the Independent Communications Authority of South Africa Act, 2000, (Act No 13 of 2000);

 

"Independent candidate"

means a South African citizen contesting an election and who is not nominated on a list of a party contesting an election

[Definition inserted by section 2(2.4) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"News"

means programming that is not current affairs by a broadcaster in which it reports on news events of immediate social, political or economic relevance and on matters of international, national and local significance;

 

"PA" or “political advertisement”

means an advertisement broadcast on a broadcasting service which is intended or calculated to advance the interests of any particular political party or independent candidate, for which advertisement the relevant broadcasting service licensee has received or is to receive, directly or indirectly, any money or other consideration;

[Definition substituted by section 2(2.5) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"party"

[Definition deleted by section 2(2.7) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"PEB" or “political election broadcast”

means a direct address or message broadcast free of charge on a broadcasting service during an election period and which is intended or calculated to advance the interests of any particular political party or an independent candidate;

[Definition substituted by section 2(2.6) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"polling day"

[Definition deleted by section 2(2.8) of Notice No. 4443, GG50204 dated 26 February 2024]

 

"SABC"

[Definition deleted by section 2(2.9) of Notice No. 4443, GG50204 dated 26 February 2024]