The Independent Communications Authority of South Africa (Icasa) has been ordered to expedite complaints related to political broadcast advertisements. This decision comes ahead of the upcoming local government elections, providing clarity for parties and broadcasters. The ruling was made after Media Monitoring Africa, Ashoka, and Linc Fellow, William Bird, and Moxii Africa won an application for leave to appeal against Icasa. The court's decision aims to ensure that parties have equitable access to the public and that broadcasters do not favor only one party.
Icasa promulgates elections regulations to deal with party election broadcasts and political advertisements during each election period. These regulations set out the framework for broadcasters who choose to carry political advertisements. The regulations also establish a complaints process, which was the subject of the recent court case. Moxii Africa raised concerns about two critical flaws in the regulations, including the issue of editorial control and who can submit complaints. The organization argued that allowing broadcasters to exercise editorial control over the content of party election broadcasts or political advertisements could lead to biased decisions.
The court agreed with Moxii Africa's argument that broadcasters should only be able to reject political advertisements on technical conditions, such as format, and not on editorial grounds. Judge Petrus van Niekerk of the Gauteng Division of the High Court in Pretoria recognized that the regulations were dealing with a limitation of freedom of expression and therefore should be narrowly interpreted. The court also ruled that Icasa's Complaints and Compliance Committee should have prescribed time frames in place for making decisions on complaints.
The court's decision has significant implications for the upcoming local government elections. The ruling stipulates that from now onwards, a maximum of five days is allowed for a decision to be made on a complaint, including the final decision by Icasa. This means that parties and broadcasters will have to adhere to strict timelines within a complaints process. The court's order aims to ensure that parties' right to political speech is not unduly limited.
Icasa had argued that the court's initial decision was incorrect and lodged an application for leave to appeal. However, the appeal was heard on Friday, 25 September, and judgment was handed down on Saturday, 26 September. The court's reasoned and considered judgment of 17 pages outlined the order, which includes specific time frames for the complaints process.
The second significant aspect of the court's decision relates to who can submit complaints. Icasa had argued that only a political party could complain to the Complaints and Compliance Committee, and not a member of the public. However, the court agreed with Moxii Africa that denying a member of the public the right to submit a complaint was unconstitutional. This means that members of the public will be able to participate in the complaints process.
The court's decision has been welcomed as a positive step towards ensuring that parties have equitable access to the public during the election period. The ruling provides clarity on the complaints process and ensures that parties' right to political speech is protected. The decision also highlights the importance of balancing freedom of expression with the need to regulate political advertisements during election periods.
Key points
- The court has ordered Icasa to fast-track complaints related to political broadcast advertisements, ensuring a more timely process for parties and broadcasters.
