Johannesburg – The Independent Communications Authority of South Africa (ICASA) has ruled in favour of the Democratic Alliance (DA) in the matter it brought against the South African Broadcasting Corporation SOC Ltd (SABC) for refusing to air an election advert.
The DA’s political advertisement digitally depicts the national flag of South Africa burning and then unfurling as fully restored with background narration.
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Announcing its ruling on Friday, ICASA said: “The Complaints and Compliance Committee (CCC) found that the SABC’s refusal to air the DA’s political advertisement had no legal basis under the ECA [Electronic Communications Act] or the Regulations”.
The CCC has recommended that the SABC be fined R500 000 for breaching the Regulations.
Recounting events leading to the ruling, ICASA said on 10 May 2024, the DA submitted an urgent complaint against the SABC under regulation 6(6) of the National and Provincial Party Elections Broadcasts and Political Advertisement Regulations 2014.
ICASA said the matter was adjudicated by the CCC last week on 17 May 2024.
The DA argued that the SABC, a public broadcasting service licensee under the Electronic Communications Act No. 36 of 2005 (ECA), unlawfully rejected its political advertisement.
On Thursday, (23 May 2024), ICASA approved the CCC’s recommendations concerning the urgent elections complaint lodged by ICASA’s Licensing and Compliance Division.
The complaint was investigated under section 17B(a) of the ICASA Act No. 13 of 2000, read with Regulation 6(7) of the Elections Regulations, and Regulation 6 of the Regulations Governing Aspects of the CCC 2010 (as amended).
In a letter, the SABC had informed ICASA of the reasons for its decision to reject the DA political advertisement.
The SABC said it had been monitoring the outcry from South Africans of all races condemning the advertisement circulating on various media platforms.
“Likewise, the SABC believes that the advertisement encourages damage to treasured national symbols,” the SABC said.
“The national flag is not a representation of a political party but the nation at large.
“The SABC has also noted the condemnation of the advertisement by the President of the Republic and other government departments.
“As a responsible public broadcaster, the SABC will not want to be part of fuelling the outrage that is evidenced on divergent media platforms”
