ICASA’s Complaints & Compliance Committee (CCC) on Friday has recommended that the South African Broadcasting Corporation (SABC) should be fined R 500 000 (half a million rand) for refusing to play the Democratic Alliance (DA)’s advertisement.
The CCC has found that the SABC’s refusal to air the DA’s political ad had no legal basis under the Electronic Communication Act or regulation.
Earlier in the month, DA leader John Steenhuisen argued that the move by the SABC not to air the advertisement was politically motivated. He added that SABC’s stance goes against the right to freedom of speech.
The committee’s chair, Judge Thokozile Masipa, also recommended that ICASA direct the SABC to end its refusal to broadcast the advertisement.
read the full judgement here :
In her ruling, Masipa disagreed with the SABC’s claim that rejecting the advert was within its editorial rights.
“The SABC, though not obliged to broadcast political advertisements, made a choice to broadcast such advertisements. Once it had made that choice, it became obliged to afford all other political parties, including the DA, which submitted its political advertisement to it, a like opportunity,” said Masipa.
Masipa also agreed with Steenhuisen that the President’s opinion of the advert was “not a legally recognised reason” to reject it.
“By allowing the views of the president and government officials or the public’s reception of the political advertisement to influence its decision in rejecting the DA’s political advertisement, the SABC discriminated against the DA, as a political party,” said Masipa.
Lastly, Masipa said that none of the the SABC’s reasons for rejecting the advert justified the advert to be perceived as “hate speech deserving of censure.”