'Toothless regulator?' a critical analysis of ICASA's regulation of the SABC so that it functions as a public services broadcaster

摘要

AbstractudThis study critically analyses whether ICASA effectively regulates the SABC so that it playsudits role as a public service broadcaster in the public interest and promotes democracy. Theudstudy applies a combination of critical political economy of the media, theories of regulationudand public service broadcasting as an analytical framework, and employs document analysisudand qualitative interviews as methods.udThe study finds that in relation to monitoring the SABC’s license conditions, ICASA is to audlarge degree effective in the regulatory practices it employs. However ICASA tends to take audproblematic stance by limiting its regulatory mandate to only monitor the license conditions.udThe study argues that ICASA’s mandate is and should be broader. Further, the studyudidentifies an antagonistic relationship between ICASA and the SABC, which undermines theudregulator’s ability to effectively regulate the SABC.udThe study also finds that ICASA’s regulation in general is characterized by a lack of proactiveudregulation in several areas. In this regard, the study demonstrates that ICASA has audregulatory practice that can be characterized as silent. The areas in which ICASA is silentudwhen it should act include the SABC’s problematic commercial funding model whichudundermines its public service role. Editorial biases towards those in authority andudcontroversial practices like withdrawing programmes and “blacklisting” commentators whoudare considered too critical of those in power, in ways that undermines its editorial andudprogramming independence. The suspensions of the SABC’s two Executive members andudcalls for the SABC board to step down, which undermine the institutional independence thatuda public service broadcaster should possess.udThe study identifies a number of ICASA’s institutional weaknesses, which include its lack ofudindependence in reality, its “politicised” appointment process, a lack of skilled personnel andud“poaching”, “politicised” and inefficient accountability mechanisms, a lack of clarity ofudmandate and power regarding the SABC, as well as a lack of adequate and independentudfunding which result in ineffective regulatory practices. Finally the study makesudrecommendations for the strengthening of ICASA so that it becomes in an effective regulatorudfunctioning in the public interest.