MDDA and e.tv criticise key aspects of Convergence Bill

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August 24, 2005

By Lynda Loxton

Cape Town - Independent broadcaster e.tv and the Media Development and Diversity Agency (MDDA) yesterday added their voices to the chorus of concern about key aspects of the Convergence Bill now before parliament.

In presentations to the portfolio committee on communications, they criticised the lack of a coherent policy framework for the bill, the fact that it would repeal but not replace key aspects of the Independent Broadcasting Authority Bill in a way that would create regulatory uncertainty, and create confusion by referring to amendments to the Independent Communication Authority of SA (Icasa) Act that had not yet been published.

The e.tv team, led by chief executive Marcel Golding, said that many of the problems associated with the bill arose from the fact that there was "no underlying national policy" that had been publicly canvassed through green and white policy papers, and public consultations.

As a result, it "conflated" existing laws covering broadcasting and telecommunications, and treated broadcasting as "an afterthought with provisions relating to broadcasting tagged on to a telecoms framework". But it appeared that the department of communications wanted to pass the bill as soon as possible without rectifying all these issues.

Given that the Icasa Amendment Bill was not available, "the absurdity could arise that the Convergence Bill becomes law in circumstances where the Icasa Amendment Bill is still in draft form", the e.tv team said. "This would result in a regulatory vacuum, uncertainty and lack of confidence in broadcasting regulation."

It was concerned about the wide powers to be given to communications minister Ivy Matsepe-Casaburri, which it claimed "do not pass constitutional muster" and would affect the independent regulation of broadcasting. The transitional provisions in the granting of new licences under the new law could cause delays and uncertainties.

The conclusion was that passing the bill would be "premature and that a further draft should be prepared for public comment and debate", e.tv said.

The MDDA said it was difficult to assess the Convergence Bill without the Icasa Amendment Bill, and pleaded that the final versions were written in plain English so that all community radio and television stations could understand them without the help of expensive lawyers.

The bill did not adequately deal with the issue of access to affordable signal distribution, which would ultimately determine their success or failure.
 
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