-
Prohibited advertisers [2.30; 7.81-7.84]
-
Restricted advertisers [7.85-7.87]
-
Advertising must not be misleading [7.88; 7.90-7.93]
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Powers to direct the removal or rescheduling of advertising [7.100-7.102]
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Amount and scheduling of advertising [2.28; 7.89; 7.94-7.98]
The following will apply to sponsorship:
-
Identification of sponsor, and the fact the programme is sponsored [7.106]
-
Prohibited and restricted sponsorship [7.107]
-
Prohibited and restricted sponsors [7.106]
The following will apply to programmes, advertising and sponsorship
-
The power to write and apply Codes [7.108-7.114]
H. Emergency Broadcasts
Reserve the right for the government or relevant Ministry to direct the broadcast of announcements and information in the event of an emergency. [5.18]
-
Copyright [5.17]
Broadcasters shall not broadcast any works outside of the terms agreed with the rights holders.
-
Retention of Recordings [7.120-7.121]
The obligation of broadcasters to retain recordings for a set period, and to provide recordings to the Broadcasting Commission for the exercise of their regulatory functions.
K. Production Quotas [2.21; 2.34]
-
National production quotas [8.11-8.15]
-
Indigenous language quotas [8.17]
-
Independent Production Quotas [8.16]
-
Sanctions [5.19-5.20]
-
List of sanctions [7.68-7.77]
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Requirement for the Broadcasting Commission to publish its policy on the application of sanctions, and its sanctions procedure [7.64-7.67]
-
Right of appeal (with implementation of sanction, notwithstanding an appeal is pending) [2.15; 3.53-3.56]
I. CRTC: Canada
The Canadian broadcasting system should be regulated and supervised in a flexible manner that
(a) is readily adaptable to the different characteristics of English and French language broadcasting and to the different conditions under which broadcasting undertakings that provide English or French language programming operate;
(b) takes into account regional needs and concerns;
(c) is readily adaptable to scientific and technological change;
(d) facilitates the provision of broadcasting to Canadians;
(e) facilitates the provision of Canadian programs to Canadians;
(f) does not inhibit the development of information technologies and their application or the delivery of resultant services to Canadians; and
(g) is sensitive to the administrative burden that, as a consequence of such regulation and supervision, may be imposed on persons carrying on broadcasting undertakings.
II. ICASA: Republic of South Africa
The object of this Act is to establish and develop a broadcasting policy in the Republic in the public interest and for that purpose to--
1. contribute to democracy, development of society, gender equality, nation building, provision of education and strengthening the spiritual and moral fibre of society;
2. safeguard, enrich and strengthen the cultural, political, social and economic fabric of South Africa;
3. encourage ownership and control of broadcasting services through participation by persons from historically disadvantaged groups;
4. ensure plurality of news, views and information and provide a wide range of entertainment and education programmes;
5. cater for a broad range of services and specifically for the programming needs in respect of children, women, the youth and the disabled;
6. encourage the development of human resources and training, and capacity building within the broadcasting sector especially amongst historically disadvantaged groups;
7. encourage investment in the broadcasting sector;
8. ensure fair competition in the broadcasting sector;
9. ensure efficient use of the broadcasting frequency spectrum;
10. provide a clear allocation of roles and assignment of tasks between policy formulation, regulation and service provision as well as articulation of long-term and intermediate-term goals;
11. provide for a three tier system of public, commercial and community broadcasting services;
12. establish a strong and committed public broadcasting service which will service the needs of all South African society;
13. ensure that the commercial and community licences, viewed collectively, are controlled by persons or groups of persons from a diverse range of communities in South Africa;
14. ensure that broadcasting services are effectively controlled by South Africans;
15. integrate multi-channel distribution systems into the broadcasting framework;
16. provide access to signal distribution services for content providers;
17. provide access to signal distribution services for broadcast content receivers;
18. encourage the development of local programming content.
III. OFCOM: United Kingdom
General duties of OFCOM
(1) It shall be the principal duty of OFCOM, in carrying out their functions-
(a) to further the interests of citizens in relation to communications matters; and
(b) to further the interests of consumers in relevant markets, where appropriate by promoting competition.
(2) The things which, by virtue of subsection (1), OFCOM are required to secure in the carrying out of their functions include, in particular, each of the following-
(a) the optimal use for wireless telegraphy of the electro-magnetic spectrum;
(b) the availability throughout the United Kingdom of a wide range of electronic communications services;
(c) the availability throughout the United Kingdom of a wide range of television and radio services which (taken as a whole) are both of high quality and calculated to appeal to a variety of tastes and interests;
(d) the maintenance of a sufficient plurality of providers of different television and radio services;
(e) the application, in the case of all television and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in such services;
(f) the application, in the case of all television and radio services, of standards that provide adequate protection to members of the public and all other persons from both-
(i) unfair treatment in programmes included in such services; and
(ii) unwarranted infringements of privacy resulting from activities carried on for the purposes of such services.
(3) In performing their duties under subsection (1), OFCOM must have regard, in all cases, to-
(a) the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed; and
(b) any other principles appearing to OFCOM to represent the best regulatory practice.
(4) OFCOM must also have regard, in performing those duties, to such of the following as appear to them to be relevant in the circumstances-
(a) the desirability of promoting the fulfilment of the purposes of public service television broadcasting in the United Kingdom;
(b) the desirability of promoting competition in relevant markets;
(c) the desirability of promoting and facilitating the development and use of effective forms of self-regulation;
(d) the desirability of encouraging investment and innovation in relevant markets;
(e) the desirability of encouraging the availability and use of high speed data transfer services throughout the United Kingdom;
(f) the different needs and interests, so far as the use of the electro-magnetic spectrum for wireless telegraphy is concerned, of all persons who may wish to make use of it;
(g) the need to secure that the application in the case of television and radio services of standards falling within subsection (2)(e) and (f) is in the manner that best guarantees an appropriate level of freedom of expression;
(h) the vulnerability of children and of others whose circumstances appear to OFCOM to put them in need of special protection;
(i) the needs of persons with disabilities, of the elderly and of those on low incomes;
(j) the desirability of preventing crime and disorder;
(k) the opinions of consumers in relevant markets and of members of the public generally;
(l) the different interests of persons in the different parts of the United Kingdom, of the different ethnic communities within the United Kingdom and of persons living in rural and in urban areas;
(m) the extent to which, in the circumstances of the case, the furthering or securing of the matters mentioned in subsections (1) and (2) is reasonably practicable.
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