Communications authority ordered to fast-track political broadcast complaints
Last week’s victory against Icasa provides clarity to parties and broadcasters and commits the regulator to deal with issues on an urgent basis.
Last week, Moxii Africa secured a victory against the Independent Communications Authority of South Africa (Icasa) in a legal battle over political broadcast complaints. The ruling, granted by Judge Petrus van Niekerk of the Gauteng Division of the High Court in Pretoria, aims to expedite the complaints process for political party election broadcasts and advertisements ahead of the upcoming local government elections.
In 2024, Moxii Africa submitted a complaint to Icasa, which was dismissed due to lack of standing. However, the court ruled in favor of Moxii Africa, allowing both members of the public and political parties to file complaints against broadcasters who refuse to air political adverts. This decision ensures that the public can now participate in the complaints process, providing an additional layer of accountability for broadcasters.
The court also recognized that broadcasters may exercise limited editorial control, specifically in cases where an advert contains hate speech, incitement to violence, or propaganda for war. In such instances, strict timelines are enforced to ensure a timely resolution. The court emphasized that broadcasters must adhere to these timelines to protect the rights of political speech, without unnecessarily limiting it.
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