Broadcasting3.10.2013

Buying a TV without a TV license – bad news

Many South Africans are forced to pay TV licence fees for their television sets despite the fact that they do not receive an SABC signal, or even watch television channels on their TV. The bad news is that this is unlikely to change under the current legislation.

In terms of the Broadcasting Act, No 4 of 1999, any person or entity that has in its possession and/or uses a TV set must have a TV license.

A TV licence must be paid, irrespective of whether a television set in one’s possession is used or not.

What is a television set?

The Television License Regulations states that a “television set” has the meaning assigned to it in Section 1(1) of the Independent Broadcasting Authority Act, 1993, and includes computers fitted with electronic broadcast cards (television tuner cards) and the electronic broadcast cards themselves.

According to the Independent Broadcasting Authority Act, 1993, a “television set” means any apparatus designed or adapted to be capable of receiving transmissions broadcast in the course of a television broadcasting service.

This means that a large screen (commonly referred to as a TV) which is not “capable of receiving transmissions broadcast” may be exempt from TV licences.

TV set without a TV license

The TV license regulations state that people with TV sets which cannot receive broadcast transmissions do not have to pay for a TV license.

26 – A user of a television set which is alleged to be incapable of receiving transmissions broadcast in the course of a television broadcasting service, must give the Corporation written notice to that effect.

27 – Upon receipt of a written notice contemplated in paragraph 26, the Corporation must appoint an authorised agent to determine whether the television set is capable of receiving transmissions broadcast in the course of a television broadcasting service, whereupon an inspection fee as provided for in Annexure B is payable by the user who notified the Corporation.

28. A person who uses a denatured apparatus must, three months prior to the expiry of his or her licensing year, give written notice to the Corporation that the apparatus has not been modified so as to render it capable of receiving transmissions broadcast in the course of a television broadcasting service.

This raises the question of whether a TV without a TV tuner will qualify to be exempt from TV licenses. The simple answer is no.

TV license fees and TV sets explained

The SABC’s communications manager Monya Boucher said that no one may have a TV set in his possession or use a set without being in possession of a licence, issued by the SABC against payment of the prescribed fee.

Boucher said that a “television set” includes a TV monitor (without receiving capability) able to receive a broadcast signal by virtue of being connected to a DStv decoder.

“Any decoder connected to a monitor/screen constitutes a television set, as the decoder enables the television set to receive a broadcast transmission. The licence fee remains payable as long as one has TV receiving equipment in one’s possession,” said Boucher.

She added that anyone who wishes to no pay TV licence fees must have their receiving equipment disabled by having the tuner of the TV set in their possession removed. This process comes with a R300.00 inspection fee, payable by the licence holder.

Expert legal opinion

Kathleen Rice, director of technology, media and telecommunications at Cliffe Dekker Hofmeyr, confirmed that a TV license is required even if a TV does not receive an SABC signal.

“If the television is still capable of receiving transmissions when combined with another device – such as a decoder – then it will require a license even if it does not have a built in tuner,” said Rice.

Kathleen Rice

“In the case of cable television, a radio frequency tuner would not be required at all to receive transmissions but the television set would still require a licence,” she added.

Rice said that the only way to stop paying a TV license with a TV set is if television declared a “denatured device”, which cannot receive broadcasting signals.

However, if you use a denatured television with another device that enables receipt of transmissions, you will still be liable to pay a television licence fee.

Even if TV manufacturers removed the TV tuner from their TVs, you will still be required to purchase a TV license before buying the device.

“A television set without a tuner card will still require a television licence as it is still capable of receiving transmissions broadcast when combined with the decoder or any other device that can act as an external tuner,” said Rice.

Rice said that the definition even extends to transmissions which are transmitted via fixed links, where a tuner is not required to receive the transmissions.

Not so fast

Rolf Blom, a legal consultant at Ellipsis Regulatory Solutions, disagrees with Rice and Boucher.

Blom said that a television which does not have a TV tuner, or where the TV tuner was removed, would be classed as denatured device which does not require a TV license.

Blom added that a TV license will also not be required when using a DStv decoder connected to a TV without a TV tuner. “Given the fact that licence fees aren’t used to finance Multichoice, a TV licence is not required,” said Blom.