Q: What rules are applied in deciding on a complaint?
A: The BCCSA applies either of two codes. In the case of complaints against subscription broadcasters, the Code of Conduct for Subscription Broadcasting Service Licensees is applied. In all other complaints the Free-to-Air Code of Conduct for Broadcasting Service Licensees is applied. The BCCSA is subject to the Constitution of South Africa, in particular section 16, which protects the right to freedom of expression in section 16. However, because the airwaves are public property and may only be utilised by broadcasters under licence from the Independent Communications Authority of South Africa (ICASA), broadcasters may not abuse this right by broadcasting material that conflicts with the Code. There are therefore limitations to this right of the broadcasters.