Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 20244. Party Election Broadcasts |
| (1) | PEB(s) must only be broadcast during the election broadcast period; |
| (2) | A political party or independent candidate that intends to broadcast a PEB must submit same to the BSL at least five (5) working days prior to the broadcast thereof. |
[Regulation 4(2) substituted by section 2(2.1) of Notice No. 4744, GG50529 dated 17 April 2024]
| (3) | A public broadcasting service licensee must permit a PEB during an election broadcast period; |
| (4) | A commercial or community broadcasting service licensee that intends to broadcast PEB must inform the Authority, in writing, of its intention to do so within twenty (20) calendar days of the publication of these regulations; |
[Regulation 4(4) substituted by section 4(4.2) of Notice No. 4443, GG50204 dated 26 February 2024]
| (5) | A broadcasting service licensee that is obliged, or intends to broadcast PEB must ensure that the PEB conforms to the Authority's technical quality as listed in annexure C of these regulations; |
| (6) | A broadcasting service licensee, to whom a PEB has been submitted by a political party or an independent candidate for broadcast; must not in any way edit or alter the content of the PEB; |
[Regulation 4(6) substituted by section 4(4.3) of Notice No. 4443, GG50204 dated 26 February 2024]
| (7) | A BSL that rejects a PEB submitted by a political party or an independent candidate for broadcast, must within 24 hours of receipt of such PEB: |
| (a) | furnish the political party or independent candidate concerned with written reasons for the rejection; and |
| (b) | afford the political party or independent candidate concerned an opportunity, within two (2) days after receiving the rejected PEB, to alter or edit the PEB and re-submit it to the BSL concerned or confirm in writing that it will not be re-submitting the PEB. |
[Regulation 4(7) substituted by section 2(2.2) of Notice No. 4744, GG50529 dated 17 April 2024]
| (8) | Where the BSL has rejected a PEB and the political party or independent candidate concerned has confirmed in writing to the BSL that it will not be re-submitting the PEB, the BSL must within two (2) days notify the Authority of such rejection and must also furnish to the Authority written reasons for the rejection. |
[Regulation 4(8) substituted by section 4(4.5) of Notice No. 4443, GG50204 dated 26 February 2024]
| (9) | A political party or an independent candidate whose PEB has been rejected and has no intention of altering or editing the PEB, may refer the matter to the Authority and inform the concerned licensee of the referral to the Authority, within 48 hours of being informed in writing of the rejection; |
[Regulation 4(9) substituted by section 4(4.6) of Notice No. 4443, GG50204 dated 26 February 2024]
| (10) | Any complaint lodged with the Authority in terms of sub-regulation (9) will be addressed by the Authority in accordance with regulation 6 of the CCC Regulations. |
[Regulation 4(10) substituted by section 4(4.7) of Notice No. 4443, GG50204 dated 26 February 2024]
| (11) | Subject to sub-regulation (10), the Authority will, within twenty-four (24) hours of making a determination, communicate to the parties the outcome, which is final and binding on the parties. |
[Regulation 4(11) substituted by section 4(4.8) of Notice No. 4443, GG50204 dated 26 February 2024]
| (12) | A political party or an independent candidate that submits a PEB to a broadcasting service licensee for broadcast must ensure that the PEB does not: |
| (a) | contravene the provisions of the Electoral Code, the Electoral Act, the Constitution, the Act and the Broadcasting Act; and |
| (b) | contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act; |
[Regulation 4(12) substituted by section 4(4.9) of Notice No. 4443, GG50204 dated 26 February 2024]
| (13) | A political party or an independent candidate that submits a PEB for broadcast to a broadcasting service licensee, is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast thereof; |
[Regulation 4(13) substituted by section 4(4.10) of Notice No. 4443, GG50204 dated 26 February 2024]
| (14) | A broadcasting service licensee that broadcasts PEB must: |
| (a) | make available, every day, throughout the election broadcast period, twelve (12) time slots of forty (40) seconds each for the broadcast of PEB, excluding the tail disclaimer; |
| (b) | do so in accordance with the sequence and timing that will be determined by the Authority upon allocation of airtime slots after the publication of these regulations; |
[Regulation 4(14)(b) substituted by section 2 of Notice No. 245, GG42249 dated 25 February 2019]
| (c) | ensure that all PEB disclaimers are announced in a similar manner; |
| (d) | ensure that all PEBs broadcasts are clearly identified through a standard pre-recorded concluding message (tail) disclaimer; |
[Regulation 4(14)(a)(c)(d) substituted by section 4(4.11) of Notice No. 4443, GG50204 dated 26 February 2024]
| (15) | A PEB must not exceed forty (40) seconds in duration; |
[Regulation 4(15) substituted by section 4(4.12) of Notice No. 4443, GG50204 dated 26 February 2024]
| (16) | Content broadcast as PEB cannot be broadcast as PA; |
| (17) | A broadcasting service licensee must not broadcast a PEB immediately before or after another PEB or immediately before or after a PA; |
[Regulation 4(17) substituted by section 4(4.13) of Notice No. 4443, GG50204 dated 26 February 2024]
| (18) | PEB air-time allocated to but not used by a political party or an independent candidate shall be forfeited by the political party or an independent candidate concerned; |
[Regulation 4(18) substituted by section 4(4.14) of Notice No. 4443, GG50204 dated 26 February 2024]
| (19) | If a political party or an independent candidate fails to deliver the PEB to the BSL before the expiry of five (5) working days prior to the broadcasting thereof then the political party or independent candidate is deemed to have forfeited its allocated airtime. |
[Regulation 4(19) substituted by section 2(2.3) of Notice No. 4744, GG50529 dated 17 April 2024]
| (20) | In the event that a political party or an independent candidate elects to forfeit its allocated PEB air-time , then such air-time must not be allocated to another political party or an independent candidate but must be used by the broadcaster concerned for the purpose of broadcasting its normal programming; |
[Regulation 4(20) substituted by section 4(4.16) of Notice No. 4443, GG50204 dated 26 February 2024]
| (21) | In the event that a political party or an independent candidate does not wish to use its allocated PEB air-time, the broadcasting service licensee concerned must not, during the relevant time-slot, in any way vary the sequence or scheduling of PEB(s); |
[Regulation 4(21) substituted by section 4(4.17) of Notice No. 4443, GG50204 dated 26 February 2024]
| (22) | A broadcasting service licensee or political party or an independent candidate must not permit or engage in any interference with, or trading in, the sequence or scheduling of PEB(s); |
[Regulation 4(22) substituted by section 4(4.18) of Notice No. 4443, GG50204 dated 26 February 2024]
| (23) | In the event that a political party or independent candidate has complied with the requirements of this regulation 4, and a BSL concerned is unable to broadcast such political party's or independent candidate’s PEB due to a breakdown in transmission, the BSL after consulting the Authority shall broadcast the PEB within forty-eight (48) hours from the date on which the PEB was scheduled. |
[Regulation 4(23) substituted by section 4(4.19) of Notice No. 4443, GG50204 dated 26 February 2024]
| (24) | [Regulation 4(24) deleted by section 4(4.20) of Notice No. 4443, GG50204 dated 26 February 2024] |
| (25) | A PEB must be in the language(s) of the relevant broadcasting service licensee. |
| (26) | A Low Power Broadcasting Service Licensee must not broadcast a PEB. |
[Regulation 4(26) inserted by section 4(4.21) of Notice No. 4443, GG50204 dated 26 February 2024]