Draft Sports Broadcasting Amendment Regulations: Public Interest Considerations

Raised issues include regulations governing national sporting events broadcast, impact on SABC as a public broadcaster, and digital environment changes. Emphasis on public interest and financial implications on SABC.

• Sports Broadcasting
• Public Interest
• SABC
• Regulations
• Digital Environment

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Presentation Transcript

1. DRAFT SPORTS BROADCASTING SERVICES AMENDMENT REGULATIONS, 2018 William Bird & Thandi Smith Media Monitoring Africa & SOS: Support Public Broadcasting Submission ICASA, 2019

2. ABOUT MEDIA MONITORING AFRICA MMA non benefit trust operating since 1993, we celebrated 25 years in 2018! Vision: a just and fair society empowered by a free, responsible and quality media; Human rights-based approach: MMA aims to promote the development of: Media that is transparent, diverse, ethical and accountable to its audiences; Critical and constructive communications by the powerful, and; Informed, engaged and connected citizenry. Funded by local & international donors; Use Machine learning to help hold media accountable.

3. ABOUT SOS: SUPPORT PUBLIC BROADCASTING COALITION SOS is a civil society coalition that is committed to, and campaigns for, broadcasting services that advance the public interest. SOS also engages in the advancement of community broadcast media in South Africa Membership: SOS is made up of a broad range of civil society organisations, trade unions and their federations, and individuals

4. OVERVIEW OF INPUT Our overall approach Socioeconomic impact assessment Public interest, sports, digital environment and the Case of the SABC Gender considerations Conclusion

5. OUR APPROACH We welcome initiative taken by the Authority in addressing issues of sports broadcasting rights; National sports and events play a key role in uniting South Africans under a common purpose and goal; MultiChoice is the monopoly in the industry, but this should ve been addressed on the ascendance, need to look to future now; Public interest is critical overarching theme in all submissions drafted over the years.

6. OUR APPROACH The following issues are raised throughout our submission: 1. Any rules and regulations that govern the broadcasting of national sporting events must be developed with due regard to public interest considerations; 2. Draft regulations do not take into consideration the changing digital environment; 3. Emphasis on the impact of the Draft Regulations on the SABC as the public broadcaster and a free-to-air (FTA) licensee; 4. Due consideration should be paid to the technical and financial demands potentially imposed on the SABC

7. SOCIO-ECONOMIC IMPACT ASSESSMENT Neither MMA and SOS have had sight of any socio-economic impact assessment for the Draft Regulations; The Draft Regulations in their current form impose obligations on the SABC well beyond their available means; Without contemplating other appropriate measures that can be put in place to ameliorate this financial burden while still achieving the desired objectives.

8. PUBLIC INTEREST, SPORTS AND THE CASE OF THE SABC MMA and SOS are concerned the Draft Regulations do not contain express mention of the public interest guiding the application of the provisions; the Draft Regulations also seemingly fail to take into account the changing digital environment and how this is impacting sports rights and viewership trends, and also the opportunities/challenges for promoting marginalised sports; the Draft Regulations should seek to facilitate as many people as possible being provided with the opportunity to view national sporting events in the public interest.

9. PUBLIC INTEREST, SPORTS AND THE CASE OF THE SABC MMA and SOS propose a sub-licensing regime that provides for more appropriate and feasible financial terms that apply in the public interest to the public broadcaster. MMA and SOS submit that for certain national sporting events in the public interest in which broadcasting service licensees have acquired rights, such broadcasting service licensees should be required to sub-license to the SABC on a free or reduced financial basis, for example at a fee of 20% of the commercial rate

10. PUBLIC INTEREST, SPORTS AND THE CASE OF THE SABC This proposal is informed by the following: The acknowledgement that national sports events are important for national unity and in the public interest, and should not be the preserve of only those who have the means for subscription services; The role of the SABC as the public broadcaster, established by statute, and in light of its public objectives contained in the Broadcasting Act.

11. PUBLIC INTEREST, SPORTS AND THE CASE OF THE SABC The unique position of the SABC in that it does not share the same profit motive as other licensees in the fulfilment of its public service mandate. The extent of the audience of the SABC across the country, and the dependence of the public on the SABC as a main source of news and entertainment. The geographic reach of the SABC across the country.

12. GENDER CONSIDERATIONS MMA and SOS note the Draft Regulations do not expand the objects to include combatting gender discrimination and advancing gender equality; ICASA should make specific mention of female National Sporting Representatives or National Senior Teams, where applicable; In line with section 9 of the Constitution, gender considerations should be promoted in the development of the Draft Regulations

13. GENDER CONSIDERATIONS Accordingly, MMA and SOS propose the following: That draft regulation 2 be amended to include an objective to promote gender equality and combat gender discrimination in sports . That draft regulation 5 be amended to make clear that the listed sporting events apply to both male and female competitors.

14. CONCLUSIONS Accordingly, MMA and SOS propose the following: MMA and SOS emphasise that the Draft Regulations need to take into account the changing nature of viewing sporting events brought about by on-demand digital services and streaming capabilities which are increasingly offered through web - based platforms; These services are flexible both in terms of content and affordability, and are therefore appealing to a wide range of audiences.

15. CONCLUSIONS Accordingly, MMA and SOS propose the following: It is necessary not only to be cognisant of this evolving landscape, but also to consider the ways in which this can assist in achieving the desired outcomes of the Draft Regulations, for instance through the broadcast of certain events by licensees through their online platforms

16. THANK YOU williamb@mma.org.za thandis@mma.org.za Find MMA on Twitter @MediaMattersZA