Evolution of Communications Policy in South Africa

There are various paradigms of communications policy, such as 1.1.

According to Fourie J P (2008:18), paradigms of communications policy are defined as a consensus among policy makers regarding the fundamental aspects on which they will base their policy development. The three main paradigms of communications policy, originating from advanced societies in North America and Western Europe, can be applied to understand the emergence and evolution of communications policy in countries like South Africa.

1.1.1 Policy for the Emerging Communications Industry

During the pre-1940s era, communication policy focused on telecommunications, particularly new technologies like telegraphy, telephone, and wireless broadcasting.

These technologies were seen as crucial in advanced Western societies. In South Africa, these emerging communication industries were deemed important public utilities that couldn't be controlled solely by private companies.

The predominant belief shaped the creation and execution of communication policies, resulting in the establishment of state-controlled telecommunication industries. Nevertheless, there is a contention that this monopoly served as a means of colonization in South Africa, with policy formulation aimed at limiting the general population and reaffirming the ideology of the colonizers.

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The introduction of the Postal Act (1958) and the Broadcasting Act serves as notable illustrations of the evolving communications industry policies in South Africa.

1.1.2 Policy on public service media

After World War II in 1945, governments worldwide began to shift their focus in communications policy, moving away from nationalistic and economic perspectives. Instead, they started emphasizing socio-political factors such as independence, democracy, and diversity. However, this change did not occur in numerous African countries that remained under colonial control like South Africa.

In South Africa during the Apartheid era, media policy was primarily influenced by political considerations rather than social ones. An example of this is the expansion of the SABC during the 1960s and 1970s when several radio stations broadcasting in different languages were established.

The public media policy during apartheid in South Africa had a significant impact on the editorial policy of public media. However, it was criticized for effectively turning public media into a platform for the Nationalist Party's agenda. Some argue that the goal of the policy was not to foster social or democratic development, but rather to further the ideologies of the NP government. In addition, Erasmus F (2004) discusses another important development in the late 1970s: the introduction of television in South Africa, previously banned by the government. Nonetheless, television was still seen as controlled by the government and used as a tool to promote NP's political ideology.

1.1.3 Policy regarding new media

There has been a change in the way media policy is approached. In the past, political and social viewpoints played a major role in determining media policy. However, in the 21st century, economic competition has become an important factor in shaping media policy. Privatisation, innovation, and demand have influenced public media policy perspectives. South Africa's telecommunications and broadcasting sectors have experienced significant transformations as a result of new media policies implemented after gaining independence.

Regulatory changes allowed for the entry of new fixed line operators, such as Neotel, which ended Telkom's monopoly. Similarly, policy changes provided opportunities for new broadcasters like M-net and E-TV, bringing an end to SABC's monopoly. The focus of new media policy is primarily on demand and economic progress, rather than supply and monopolies.

1.2 Freedom of the press

The close connection between democracy, freedom of expression, and the role of media in society is vital for a prosperous and peaceful society. Many constitutions, including South Africa's, recognize the importance of the right to freedom of speech. However, conflicts over freedom of expression often lead to tension between governments and the media. In South Africa, there are various challenges to freedom of expression that stimulate discussions on their significance and legitimacy.

The significance of having the liberty to express one's thoughts is 1.2.1.

The constitution of South Africa ensures the right to freedom of expression, which is closely linked to the role of media in society. In democratic nations such as South Africa, the significance of freedom of expression cannot be emphasized enough. The media acts as a watchdog for society by promoting accountability among government officials. Freedom of expression plays a crucial part in preventing corruption, mismanagement, and insufficient service delivery. Limiting freedom of expression results in social unrest and potential chaos.

Threats to it include 1.2.2.

In many democratic countries, including South Africa, freedom of expression is a constitutional right that faces constant threats from various sectors of society. The government poses the primary threat to this freedom by implementing policies that regulate the dissemination and publication of information, thereby imposing restrictions on access. Additionally, the existence of government-controlled media undermines freedom of expression as it promotes patriotism and may not be impartial. In South Africa, the SABC serves as a national broadcaster with an expectation of impartiality; however, concerns have been raised about its lack thereof due to being under government control.

The SABC's editorial policy hinders freedom of expression by forbidding the transmission of perspectives that contradict the current government's ideology on its TV and radio platforms. Journalists are occasionally obligated to conform to a specific ideology and cannot carry out their responsibilities in an unbiased and impartial way. An example of this occurred when Sakina Kamwendo, a journalist on Metro FM, was pressured by the SABC to cancel a conversation about the ANC's Mangaung Conference on her program, citing an absence of equilibrium and fairness.

In her article in the Daily Maverick, Julie Reid discusses the banning of the Big Debate talk show by the SABC. This show was known for holding government officials accountable on important issues such as corruption and non-delivery of services. Despite this ban, Hlaudi Motsoeneng, who is notorious for promoting 70% good news, still holds his position and continues to shape the news in his own way.

The issue of the freedom of expression in the media and threats to it within democratic societies are highly debated. Some argue that strict regulation is necessary to prevent the media from having unrestricted control over information, while others, particularly those in power, believe in monitoring and regulating the media. The media, especially private outlets, opposes strict regulations as they view it as an infringement on both their freedom and freedom of expression.

However, the media acknowledges the need for regulation to maintain its status as the "fourth estate" and protect against national security threats and invasion of privacy. Both external and internal regulation are important in preserving the credibility of the media industry as a platform for freedom of speech.

To understand arguments against the motivation of threats to media freedom, it is necessary to consider freedom of expression as a constitutional right. The success of a democracy relies heavily on social, political, and economic prosperity. In order for this to occur, freedom of speech must be recognized as a fundamental component and be thoroughly addressed in policy-making. Suppressing freedom of expression through strict and authoritarian policies and regulations ultimately leads to a failed democracy. To ensure the functionality of democracy, freedom of expression, especially freedom of the media, must be upheld. Roelofse (1996:51-53) in Fourie (2008:34) explains how freedom of expression contributes to the flourishing of democracy, religious freedom, and economic empowerment, mainly through the press's role as a mass medium.

It is important to mention that among the three theories used to study the role of media in society, the libertarian theory emphasizes that individuals are rational and have the ability to differentiate between truth and falsehood, as well as good and evil (Fourie 2008: 34). Hence, there is no need for strict regulations on the media or limitations on freedom of expression. As stated by McQuail (1987: 89) in Fourie (2008: 34), the libertarian theory assumes that the media should be free from external censorship and should not face any pressure or intimidation to publish any content.

The bosses of the SABC acted in an unjustifiable manner in relation to the Metro FM incident. By intervening and silencing the talk show, they effectively denied the public their right to express and listen to different perspectives on the Mangaung conference. It is important to understand that freedom of expression, included in media freedom, is not an unlimited right. It carries responsibilities. This is where the regulation of the media becomes necessary and justifiable. Media regulation can either come from external sources or be initiated internally by media institutions.

According to Fourie (2008:73), media regulation in South Africa has transitioned from being primarily externally regulated to a focus on internal regulation. This shift in regulation is carried out through various means, such as the involvement of gatekeepers, regulators, directorates, and boards within media organizations. Additionally, internal regulation may also occur through institutionalized methods facilitated by non-governmental and professional bodies. Gatekeepers and regulators play a crucial role in determining the content of specific media and deciding what is relevant for publication or broadcast. Fourie (2008:78) describes this type of internal regulation by gatekeepers and regulators as "implicit internal regulation."

This regulation occurs through the medium itself. Implicit internal regulation happens when different sections within or sectors involved with the medium, such as boards of directors, editors, advertisers, consumers, journalists, etc., influence the publication or broadcasting of information. These regulators cannot be ignored as they have the power to substantially influence content. A good example is the decision made by the acting SABC operations chief and radio group executive to not allow a live talk show hosted by Sakina Kamwendo on Metro FM.