MPs praise Icasa over SABC stand

‘Criminal’ ban carries R1m fine

THE Independent Communications Authority of SA (Icasa) has been commended for laying a criminal complaint against the SABC for its ban on violent protests, which could see the broadcaster slapped with a R1million penalty.

The SABC’s accounting officer could spend up to a year in jail if found guilty for not withdrawing its order to ban protests.

Icasa set the criminal charges in motion at the Bramley police station in Johannesburg late last year. The matter is still under investigation by the Hawks.

Icasa councillor Nomvuyiso Batyi told parliament’s communications oversight committee that the regulator was obliged to monitor and enforce compliance.

“On or about November 28 2016, a criminal case was opened against the SABC for contravention of section 17h(1)(f), read with section 17E of the Icasa Act.

“The authority has recently made follow-ups and was advised that the matter is still under investigation by the Hawks,” said Batyi, adding that despite numerous written demands to the SABC to comply, the broadcaster had failed to provide evidence or a board resolution to that effect.

Batyi said the SABC informed Icasa that it had “never canned any material/footage”.

She said what “surprised” Icasa at that point was that this was never brought before its complaints and compliance committee as a defence.

“You have to defend yourself before the complaints and compliance committee. To date we still have not received any withdrawal,” Batyi said.

ANC MP Mondli Gungubele said there were “historical concerns” around the ability of Icasa to effectively execute its mandate.

“I wish Icasa can honestly say that they think they are able to take through this matter.

“I’m no longer just [talking] about the SABC. The SABC is a mere example. Can Icasa tell us: are they able to execute their mandate? This mandate is a South African mandate in the interests of South Africans.”

Gungubele said it looked as though Icasa’s status was “equal to that of an ordinary citizen”.

While the DA’s Phumzile van Damme commended Icasa, she added that South Africa needed “an Icasa with teeth to be able to properly oversee the sector they are supposed to oversee”.

“I must say again I congratulate Icasa for showing those teeth.

“Icasa in the last couple of years was not as firm as it should be.

“But it’s a commendable step taken to go and lay charges,” Van Damme said.

Van Damme also called on Icasa to look into “fake news and propaganda” in the media space.

“Carried out mostly in print media but also in broadcast.

“I suggest Icasa conduct an inquiry, particularly in broadcasting,” said Van Damme.

Batyi said Icasa would need to take guidance from the portfolio committee on investigating “fake news”.

“I will seek guidance from the committee of what is fake news. We don’t regulate news.”