About the BCCSA

POPI ACT – CONSENT – VISIT CONSTITUTION AND SEE RULE 8 OF THE BCCSA’S PROCEDURE

The Broadcasting Complaints Commission of South Africa (“BCCSA”) was established by the National Association of Broadcasters (“NAB”) in 1993 and recognized by the Independent Broadcasting Authority (“IBA)” in 1995 in terms of section 56(2) of the IBA Act 1993 as a formal tribunal.  The IBA Act was repealed by the Electronic Communications Act 36 of 2005. The BCCSA is now recognised by ICASA as a formal tribunal in terms of sec 54(3) of Act 36 of 2005.

According to its Constitution the BCCSA is a voluntary association, capable of suing and being sued in its corporate name, and of performing all such acts as are necessary for or incidental to the carrying out of its objects, and for the performance of its functions and duties under this Constitution.

Broadcasters who are members of the National Association of Broadcasters adhere to the Code of Conduct for Free to Air Licensees or the Code of Conduct for Subscription Broadcasting Service Licensees.  Those broadcasters who choose not to become members of the NAB, fall under the jurisdiction of the Complaints and Compliance Committee (“CCC”) of the Independent Communications Authority of South Africa (ICASA).

The BCCSA enforces the Code of Conduct for Free to Air Licensees and the Code of Conduct for Subscription Licensees. Although freedom of expression lies at the foundation of our democracy it is trite that, in line with all human rights, it is not an absolute right. 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 of dignity and privacy.  The BCCSA’s approach in enforcing the Codes of Conduct applicable to broadcasters is underpinned by these constitutional values.

It has been the belief of the BCCSA since its inception, that broadcasters should provide enough information about the content of a programme so as to enable the viewer/listener to make an informed decision whether to watch the programme or not. Hence, warnings about age restriction and programme content are prescribed in the Codes.

The Code contains extensive provisions aimed at protecting children from harmful content. Strict provisions regarding children’s programming are enforced. A system of age restrictions and a watershed rule has been developed to enable parents to make informed decisions when they decide which 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 and stipulate that broadcasting service licensees 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 of Conduct. The BCCSA has no jurisdiction in election matters as those complaints fall within the purview of the Complaints and Compliance Committee of ICASA.