Solidarity warns against ICASA regulations that threaten community radio and content creators

In a formal written objection, Solidarity has called on the Independent Communications Authority of South Africa (ICASA) to clarify how regulations governing programme and content sharing are being interpreted and what the implications are for community radio stations, independent content creators, and language diversity in South Africa. See letters here and here.

The Solidarity Communication and Marketing Network has also requested that ICASA suspend the implementation of the guideline until greater legal clarity has been established.

According to Riaan Visser, deputy general secretary at Solidarity, the current interpretation creates unnecessary uncertainty for community radio stations that depend on content partnerships to serve their communities.

“Community radio stations are not merely broadcasting platforms. They are often the voice of their local communities.

“When regulatory interpretations threaten the flow of independent content, the consequences ultimately affect listeners, communities and the sustainability of smaller radio stations,” says Visser.

The objection follows a notice issued by ICASA to community broadcasting licensees regarding programme sharing and online services, in which the regulations’ restrictions on the sharing of content sourced from independent providers were highlighted.

While the regulations do not explicitly prohibit such content, they do place restrictions on the extent to which broadcasting licensees may make use of content creators who are not licensed broadcasters themselves.

Visser argues, however, that there is a fundamental distinction between the production of content and the provision of a broadcasting service.

“If that distinction becomes blurred, it could have far-reaching consequences for journalists, podcasters, cultural organisations, educational institutions and numerous other independent content creators who provide valuable content to community radio stations,” he says.

Solidarity believes that ICASA’s current interpretation could ironically undermine the very objectives of the legislation by reducing rather than expanding the diversity of content available to communities.

The organisation warns that Afrikaans-speaking listeners could be particularly hard hit, as many community radio stations depend on independently produced Afrikaans news, cultural and educational content.

“When access to independent content is restricted, it becomes more than just a regulatory issue.

“It affects language rights, cultural preservation, media diversity and communities’ ability to access relevant local content provided by such content creators,” says Visser.

Solidarity has already formally expressed its support for community radio stations and encourages any station faced with enforcement action or further notices to contact the organisation immediately for legal assistance and professional support.

This is necessary to ensure that community broadcasters do not have to face the consequences of regulatory uncertainty alone. Solidarity will therefore continue to protect the interests of radio stations, content creators and language communities and will not hesitate to act where policies or interpretations threaten the sustainability of community broadcasters.

Visser says there is room for constructive engagement with ICASA but believes such engagement must take place on a foundation of legal certainty, language diversity, and the protection of community media.

“The survival of community radio stations and the voices of the communities they serve are simply too important to be jeopardised by regulatory uncertainty,” concludes Smit.