Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsMunicipal Elections Party Elections Broadcasts and Political Advertisements Regulations, 20116. Political Advertising |
| (1) | PA must only be broadcast during the election period and no later than forty eight ( 48) hours before polling commences; |
| (2) | A broadcasting service licensee, to whom a PA has been submitted by a party for broadcast, must not in any way edit or alter the advertisement; |
| (3) | A broadcasting service licensee who rejects a PA submitted to it by a party for broadcast must, within twenty four (24) hours of such rejection furnish the party concerned with written reasons for the rejection; and |
| (a) | The party concerned may alter or edit the PA and re-submit the PA to the broadcasting service licensee concerned at least seventy two (72) hours prior to it being broadcast; |
| (4) | Where the broadcasting service licensee has rejected a PA and the party concerned has confirmed in writing to the broadcasting service licensee that it will not be re-submitting the advertisement, then the broadcasting service licensee must within twenty four (24) hours of receiving the confirmation, notify the Authority in writing of such rejection and must submit written reasons for the rejection to the Authority; |
| (5) | A party whose PA has been rejected and has no intention of altering or editing the advertisement, may refer the matter to the Authority within twenty four (24) hours of being informed of the rejection; |
| (6) | A party that submits a PA to a broadcasting service licensee for broadcast must ensure that the advertisement does not: |
| (a) | Contravene the provisions of the Municipal Electoral Act, the Electoral Act, the Electoral Code, 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; |
| (7) | A party that submits a PA 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 or non-broadcast thereof. |