SABC COULD FACE R1m PENALTY
Authority praised for laying charges
THE Independent Communications Authority of SA (Icasa) has been commended for laying criminal charges against the SABC for its ban on violent protests that could see the broadcaster slapped with a R1-million penalty.
The SABC’s accounting officer could spend up to a year in jail if found guilty of not withdrawing its order to ban protests.
Icasa laid the criminal charges at the Bramley police station in Johannesburg late last year and 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 by the SABC.
“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.
She said despite numerous written demands to the SABC to comply, the broadcaster failed to provide evidence or a board resolution to that effect.
Batyi said the SABC informed Icasa it had “never canned any material/footage”.
She said what “surprised” Icasa was that it was not brought before the complaints and compliance committee (CCC) as a defence.
“You have to defend yourself before [the] complaints and compliance committee. To date we still have not received any withdrawal.”
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 … The SABC to me is a mere example. Can Icasa tell us are they able to execute their mandate?” asked Gungubele.
He said Icasa looked to him as though its “status is equal to that of an ordinary citizen”.
While the DA’s Phumzile van Damme commended Icasa, she said SA needed “an Icasa with teeth to be able to properly oversee the sector they are supposed to oversee”.
“I must again congratulate Icasa for showing those teeth. Icasa in the last couple of years was not as firm as it should be. But it’s commendable its taken the step to go and lay charges,” said Van Damme.
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.”
Batyi said Icasa would need to take guidance from the portfolio committee on the investigation into “fake news”.
“I will seek guidance from the committee of what is fake news. We don’t regulate news.”