ADVERTISING, INFOMERCIAL AND PROGRAMME SPONSORSHIP REGULATIONS REPLACED

The Independent Communications Authority of South Africa (ICASA) has gazetted new regulations on advertising, infomercials and programme sponsorship – with a reasons document outlining the process of arriving at a decision to repeal and replace the 1999 regulations.

Binding on all broadcasting service licensees and immediately effective, the revised regulations follow an inquiry begun in March 2021.

A related regulatory review process initiated in 2009 was postponed pending the Electronic Communication Amendment Act’s commencement in 2014, which extended ICASA’s regulatory mandate to expressly include advertising, infomercials and programme sponsorship. This is according to a discussion document published in March 2021 at the beginning of the inquiry.

At the time, the inquiry’s outcome was expected to ensure that:

  • viewers are protected from ‘excessive advertising’
  • advertising, infomercial and programme sponsorship is clearly distinguishable from normal programming
  • broadcasters adhere to ‘limits on advertising and infomercials’, and that
  • broadcasters maintain editorial independence and control over programming.

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Published by SA Legal Academy Policy Watch

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