Strengthening ICASA
1 March 2010
ICASA’s Independence Under Threat
ICASA, the Independent Communications Authority of South Africa, has been accused of being toothless, inefficient and not regulating in the public interest. In 2010 in a bid to increase the Agency’s efficiency and turnaround times, the Department of Communications drafted a number of amendments to the ICASA Act.
Although the SOS Coalition welcomed the Department' of Communications' commitment to finding solutions to the Authority's problems, the Coalition had a number of problems with the new Proposed ICASA Amendment Bill. Firstly, the Coalition stated that the Bill was premature. Ideally the Department should have embarked on a comprehensive policy review process first – the 1998 White Paper on Broadcasting Policy is more than a decade out of date and riddled with inconsistencies and gaps. One of the key issues underpinning ICASA's inefficiencies is the question of funding – the amendments do not address this issue. SOS believes, for instance, that if the Bill had been introduced after a policy process, this issue would immediately have been highlighted.
Secondly, the Coalition stated that it was worried about threats to ICASA’s independence. While the Proposed ICASA Amendment Bill is an attempt to ensure greater efficiencies, it effectively brings the Agency directly under the Department of Communications. SOS stated that it did not believe that this would improve the Authority's efficiency. But further the Coalition pointed out that ICASA needs to operate independently of all major vested interests and at arm's length from government. At times it will need to rule against government, at other times against industry. At all times, it will need to ensure that a diversity of voices are heard and that all interests are balanced. This is only possible if the Authority is independent.
These are just a few of the problems raised by the SOS Coalition. (See sidebar for SOS's detailed submission.)
Members of the public were only given 30 days to comment on the Proposed Bill, effectively limiting stakeholder input and meaningful consultation. The SOS Coalition thus called on all SOS members and interested parties to sign a petition to shift the submission deadline. SOS unfortunately did not win this demand. However the Coalition stated clearly in its submission that the time period given was inadequate and that it thus reserved its right to encourage organisations and individuals to continue to submit their comments, analysis etc.
On 25 August 2010 the Coalition with Media Monitoring Africa and the Institute for Advancement of Journalism organised a workshop with community media stakeholders and others to discuss ICASA's mandate, the ICASA Amendment Bill and ways to strengthen the Regulator. Further, the SOS Coalition organised a number of talkshows on community radio stations to discuss ICASA and its importance. (See sidebar and below for more information.)
View the archived petition entries here calling for more time to draft our ICASA submissions.
Download the Strengthening ICASA audio clip (English)