Broadcasters who are members of the NAB adhere to the Code of Conduct for Free-to-Air Licensees, the Code of Conduct for Subscription Broadcasting Service Licensees and the Code for Online Services which are all enforced by the BCCSA. Broadcasters who are not members of the NAB fall under the jurisdiction of the Complaints and Compliance Committee (CCC) of ICASA.

The Broadcasting Complaints Commission of South Africa is an independent, domestic, administrative tribunal that ensures that broadcasters who are members of the NAB comply with the Codes of Conduct relating to broadcasting (radio and television) as well as online content for signatories that offer online content services. According to its Constitution, the BCCSA is a voluntary association. The BCCSA is capable of suing and being sued in its corporate name; performing all such acts as are necessary for or incidental to the carrying out of its objectives; and for the performance of its functions and duties under this Constitution. The BCCSA comprises 9 part-time members: a Chairperson and 8 Commissioners. Three full-time staff are employed in the Johannesburg office: a Registrar, a Secretary and a Complaints Manager.

The BCCSA is subject to the Constitution of South Africa, in particular section 16, which protects the right to freedom of expression. Although freedom of expression lies at the foundation of our democracy, it is not an absolute right and there are boundaries to exercising free speech in South Africa’s constitutional state. The BCCSA therefore strives to find a balance between freedom of expression – which includes the right of the viewer/listener to receive information – and the individual’s rights to dignity and privacy. The BCCSA’s approach to enforcing the Codes of Conduct (Codes) applicable to broadcasters is underpinned by South Africa’s constitutional values.

Since its inception, the BCCSA has believed that broadcasters should provide enough information about the content of a programme in order to enable the viewer/listener to make an informed decision about whether or not to watch or listen to a programme. As such, warnings about age restriction and programme content are prescribed in the Codes.

The Codes also contain extensive provisions aimed at protecting children from harmful content, which are strictly enforced. A system of age restrictions and a “watershed” rule has been developed to enable parents to make informed decisions regarding the programmes their children may watch.

While editorial independency remains the prerogative of the broadcaster, the news clauses in the Codes speak specifically to the requirement of fair and unbiased coverage. The Codes stipulate that broadcasting service licensees which will also apply to online content services must report news truthfully, accurately and fairly, in the correct context and in a fair manner, without intentional or negligent departure from the facts. The manner in which comment and controversial issues of public importance are to be presented is also prescribed in the respective Codes.

The BCCSA has no jurisdiction in election matters; these complaints fall within the purview of the CCC of ICASA.