Promotion of Access Information Manual
|MANUAL IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO. 2 OF 2000|
|Description of the structure and functions of the Broadcasting Complaints Commission of South Africa
(a) The Broadcasting Complaints Commission of South Africa (hereafter the BCCSA) is an independent and self-regulatory body which mediates and adjudicates upon complaints against broadcasters who have accepted its Code of Conduct. The BCCSA consists of a chairperson, deputy chairperson and 11 other commissioners, and administrative staff consisting of a registrar and secretary.
(b) Postal address: PO Box 412365, CRAIGHALL, 2024
(c) Description of the guide referred to in section 10 of the Act
The guide contains information as may reasonably be required by a person who wishes to exercise any right contemplated in the Promotion of Access to Information Act, 2000 (hereafter PAIA). This guide is available on the website of the Human Rights Commission of South Africa (hereafter HRCSA) at http://www.sahrc.co.za/.
(d) How to lodge a complaint
Complaints received within 30 days of broadcast which are not anonymous, not fraudulent, frivolous, malicious or vexatious can be accepted by the Registrar. The complaint and the grounds must bring the complaint within the ambit of the Code on a prima facie basis. Once this is decided, the broadcaster is requested to either supply the BCCSA with a copy and/or a response. It is then referred to the chairperson for a final decision as to whether it should be entertained by way of adjudication or tribunal. After an adjudicator has reached a decision, an appeal lies to the tribunal if full grounds are given why the first decision could have been incorrect. An application for leave to appeal against a decision of a tribunal may also be lodged. After an appeal tribunal decision, there is a right to take the matter on review to the ICASA. The review is limited to grounds which relate to review in contrast to an appeal. Possible sanctions include a reprimand, a direction calling upon the broadcaster to broadcast a correction and/or a fine of up to R40 000.
How to request access to a record
A request to access a record of the BCCSA may be lodged with the registrar by phoning, writing, faxing or e-mailing the registrar, giving an accurate and detailed description of the record and after paying a request fee of R 40 (forty rands).
Subjects and categories on which the BCCSA holds records
Constitution, including Code of Conduct, of the BCCSA;
(e) Categories of records which are available to members of the public without a person having to request access in terms of the Act
(f) Description of the services available to the members of the public and how to gain access to those services
(g) Arrangement or provision for a person (other than a public body) to participate in or influence the formulation of policy or the exercise of powers or performance of duties
(h) Description of all remedies available in respect of an act or a failure to act by the BCCSA
(i) Other information as may be prescribed