Electronic Communications Act, 2005 (Act No. 36 of 2005)

No. and year of Act

Short Title

Extent of repeal or amendment

Act No. 153 of 1993

Independent Broadcasting Authority Act, 1993

The whole

Act No. 103 of 1996

Telecommunications Act, 1996

The whole

Act No. 4 of 1999

Broadcasting Act, 1999

1.    Repeal of sections 4, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39 and 40(1)(a), (b) and (2).

2.   Amendment of section 1—

a)    by the substitution for the words "IBA Act" and "telecommunications", wherever they occur of the words "Electronic Communications Act" and "electronic communications" respectively;

b)   by the substitution for the word "radio" in the definition of "broadcasting" of the words: "radio frequency spectrum";

c)  by the substitution for the words "means of telecommunication" for the word " electronic communications network";

d)  by the substitution for the  definition of "broadcasting service" of the following definition: "broadcasting service" means "broadcasting service" as defined in the Electronic Communications Act;

e)   by the substitution for the word "a telecommunication process" in the definition of "broadcasting signal distribution" of the word "electronic communications";

f)   by the deletion of the following definitions: "broadcasting signal distribution licensee"; "IBA Act"; "telecommunications";

g)   by the insertion of the following definitions:

"Electronic Communications Act" means the Electronic Communications Act, 2005; "electronic communications" means "electronic communications" as defined in the Electronic Communications Act;

"electronic communications service" means electronic  communications service as defined in the Electronic Communications Act;

"electronic communications service licensee" means  electronic communications licensee as defined in the Electronic Communications Act;

(h) by the substitution for the definition of "broadcasting signal distribution licence" of the following definition:

"broadcasting signal distribution licence" means a electronic  communications service licence where the holder of the electronic communications service licence provides a broadcasting signal distribution service;";

(i)  by the substitution for the definition of "radio" of the following definition:

"radio" means radio as defined in the Electronic Communications Act.

3.   Amendment of section 3 by the substitution in subsection (5)(f) for the word"IBA Act" of the word " Electronic Communications Act".

4.   Amendment of section 5 by the substitution in subsection (3) for the words"IBA Act" of the words"Electronic  Communications Act".

5.   Amendment of section 21—

(a) by the substitution in subsection  (1) for the words"IBA Act or the Telecommunications Act, 1996 (Act No. 103 of 1996)" of the words"Electronic Communications Act";

(b) by the substitution in subsection (2) for the words"IBA Act" of the word"Electronic Communications Act".

6.   Amendment of section 22 by the substitution for the words"IBA Act" of the words"Electronic Communications Act".

7.   Substitution for section 42 of the following section:

"Application of Act

42. (1) The Electronic Communications Act applies in relation to this Act, the ICASA Act, the Sentech Act and any other legislation applicable to broadcasting or electronic communications.

(2) In the event of a conflict between the provisions of this Act and any other law relating to broadcasting or electronic communications, the provisions of the Electronic Communications Act prevail.".

8.   Amendment of the long title by the deletion of the words "to establish the frequency spectrum directorate in the department".

Act 63 of 1996

Sentech Act, 1996

1.    Amendment of section 1—

(a) by the substitution for the definition of "broadcasting licensee" of the following definition:

"broadcasting service licensee"

means broadcasting service licensee as defined in section 1 of the Electronic Communications Act;

(b) by the substitution for definition of "broadcasting signal distribution" of the following definition:

"broadcasting signal distribution" means the process whereby the output signal of a broadcasting service is taken from the point of origin, being the point where such signal is made available in its final content format, from where it is conveyed, to any broadcast target area, by means of an electronic communications process and multi-channel distribution;

(c) by the insertion of the following definitions:

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

(ii)   "Electronic Communications  Act" means the Electronic Communications Act, 2005;

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

(iv)  "related legislation" means the Broadcasting Act, Electronic Communications Act and the ICASA Act;

(d) by the deletion of the definition of "Independent Broadcasting Authority Act";

2.    Substitution for section 5 of the following section:

"Main object and business of Company

5. The main object and business of the Company shall be to provide electronic communications services and electronic communications network services in accordance with the Electronic Communications Act.

3.    Insertion of the following section after section 8:

"Application of Electronic Communications Act

8A. (1) The Electronic Communications Act shall apply in relation to this Act, the Broadcasting Act and the ICASA Act and any other legislation applicable to broadcasting or electronic communications.

(2) In the event of any conflict between the provisions of the Electronic Communications Act or any other law relating to the regulation of broadcasting or electronic communications the provisions of the Electronic Communications Act shall prevail.

4.   The repeal of section 9.

Act 70 of 2002

Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002

1.     Amendment of section 1—

(a) by the substitution for the words "Telecommunications Act" wherever they occur of the words "Electronic Communications Act".

(b) by the substitution for the definition of "internet service provider’" of the following definition:

"internet service provider" means any person who provides access to, or any other service related to, the Internet to another person, whether or not such access or service is provided under and in accordance with an [telecommunication] electronic communication service licence issued to the first-mentioned person under [Chapter V of the Telecommunications Act] Chapter 3 of the Electronic Communications Act;

(c) by the substitution for the definition of "telecommunication service" of the following definition:

"electronic communications

service" means electronic communications service as defined in the Electronic Communications Act;

(d) by the substitution for the definition of "telecommunication service provider" of the following definition:

"electronic communication service provider" means any—

(a) person who provides an electronic communication service under and in accordance with a electronic communication service licence issued to such person under Chapter 3 of the Electronic Communications Act, and includes any person who provides—

(i) a local access communication service, public pay-telephone service, value-added network service or private electronic communication network as defined in the Electronic Communications Act; or

(ii) any other electronic communication service licensed or deemed to be licensed or exempted from being licensed as such in terms of the Electronic Communications Act; and

(b) Internet service provider;

(e) by the substitution for the definition of "telecommunications system" of the following definition:

"electronic communication system" means any system or series of electronic communication facilities or radio, optical or other electromagnetic apparatus or any similar technical system used for the purpose of electronic communication, whether or not such electronic communication is subject to re-arrangement, composition or other processes by any means in the course of their transmission or emission or reception;

(f) by the insertion of the following definition after the definition of "Directorate":

"Electronic Communications

Act" means the Electronic Communications Act, 2005.

2.  Section 11 is amended by the substitution for that section of the following section:

Monitoring of signal and radio frequency spectrum for purposes of managing radio frequency spectrum. —

Any person appointed as an

inspector in terms of section [98]

17F of the [Telecommunications]

Independent Communications Authority of South Africa Act and who is lawfully engaged in performing the functions of the Authority relating to the management of the radio frequency spectrum, as contemplated in section [28(1)] 30(1) of the Electronic Communications Act [of that Act], may, in the ordinary course of the performance of those functions, monitor a signal or radio frequency spectrum relating to an indirect communication which is transmitted over radio, where it is reasonably necessary for that employee to monitor that signal or radio frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or interfering use of such a signal or frequency or of a transmission.

3.   Sections 30 and 32 are amended by the substitution for the words "Telecommunications Act" of the words "Electronic Communications Act".

4.   Section 56 is amended by the substitution for that section of the following section:

Revoking of licence to provide electronic communication service.—

The Cabinet member responsible for communications, after consultation with the Authority, may, in the case of a second or subsequent conviction of an [telecommunication] electronic communication service provider of an offence referred to in section 51(3)(a)(ii) and notwithstanding the imposition of any penalty prescribed by section 51(3)(b), revoke the licence issued to the [telecommunication] electronic communication service provider concerned under [Chapter V of the Telecommunications Act] Chapter 3 of the Electronic Communications Act, to provide an [telecommunication] electronic communications service.