SOS CALLS FOR THE IMMEDIATE WITHDRAWAL OF THE ICASA AMENDMENT BILL

[Mark Weinberg (Right2Know)]

SOS CALLS FOR THE IMMEDIATE WITHDRAWAL OF THE ICASA AMENDMENT BILL

The SOS Coalition is deeply concerned by the latest actions by the
Minister of the Department of Communication, Dina Pule, to raise the
ICASA amendment bill from the dead. The coalition sees this as
contradictory to the Minister’s promise of a thorough ICT policy
review process which was to have been finalised by the end of 2012.

According to the Minister the aim of the draft Bill is “to provide for
further clarity on the powers and duties of the Authority; to provide
for the establishment of the Complaints and Compliance Commission to
replace the Complaints and Compliance Committee; to confirm the use of
electronic communications networks and services for the purpose of
electronic transactions; to introduce mechanisms to ensure the
accountability of committees and the Authority including of
councillors; and to provide for matters connected therewith.”

Clearly the aim of the bill is not to introduce minor technical
changes; rather it seeks to fundamentally alter the role, powers and
operations of the regulator. As such it flies in the face of and
deeply undermines the promised ICT policy review process

SOS therefore calls for its immediate withdrawal and that the Minister
focus her attentions on the long-overdue ICT policy review.

The Coalition sees this amendment bill as an attempt to undermine the
independence of a chapter nine institution.
While we can share some of the DOC’s frustrations regarding ICASA,
what’s needed is the strengthening of the regulator, not it’s
undermining or it’s transformation into a conveyor belt for the whims
of ministerial policy.

The coalition is of the view that a number of suggestions in the Bill
are both unconstitutional and fly in the face of international
regulatory best practice, and are therefore unacceptable. These
include provisions that mean that:
· ICASA has to act directly in accordance with Ministerial
policy directions and undefined “sector policy”
· the Minister has powers to appoint the new Complaints and
Compliance Commission – an absolutely key function of the day to day
work of a regulator; and
· Parliament’s powers in respect of the appointment of ICASA
counsellors are reduced

These changes represent a significant change to the broadcasting
regulatory edifice and are totally out of step with international
trends and with our own African Union commitments in respect of
independent broadcasting regulation.

The SOS Coalition is dismayed that apart from this clearly
unconstitutional Bill (and that of the similarly unconstitutional ECA
Amendment Bill tabled recently), the Minister has done nothing that
shows any progress on the ICT policy review. She has not yet announced
the members of the ICT Policy Review Panel, despite having received
nominations months ago. She has not said anything that shows that her
department is getting ready to kick the process off through the
issuing of a Green Paper by the end of the year.

Finally, SOS notes that once again the Department, despite introducing
very substantive legislative amendments that shift the very nature of
independent regulation and broadcasting in the country, has given
stakeholders a mere 30 days to comment. The Bill was published on the
23rd of November 2012 and the deadline for written submissions has
been set for the 6th of January 2012. This time period is wholly
inadequate and will in particular impact on the effective
participation of poorer, more marginalised civil society stakeholders.

The Coalition thus urgently requests that the Department of
Communication withdraws this bill.

We request that the Minister keeps her promise and focuses on the ICT
Policy Review.


The SOS Coalition represents a number of trade unions including
COSATU, COSATU affiliates CWU and CWUSA, FEDUSA, BEMAWU and MWASA;
independent film and TV production sector organisations including the
South African Screen Federation (SASFED); and a host of NGOs and CBOs
including the Freedom of Expression Institute (FXI), Media Monitoring
Africa (MMA), and the Media Institute of Southern Africa (MISA-SA); as
well as a number of academics and freedom of expression activists.

For more information contact:
Carol Mohlala
Coordinator
(074) 690-1023

OR

Sekoetlane Jacob Phamodi
Campaign Organiser
(076) 084-8077



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Mark Weinberg
R2K National Coordinator
NEW CELL 0849930591.
ma...@r2k.org.za
www.r2k.org.za