Supreme Court Act, 1959
R 385
Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsNational and Provincial Party Elections Broadcasts and Political Advertisements Amendment Regulations, 20246. Political Advertising |
| (1) | PA must only be broadcast during the election period and no later than forty-eight (48) hours before polling commences. |
| (2) | A BSL that intends to broadcast a PA must inform the Authority, in writing, of its intention to do so within twenty (20) calendar days of the publication of these Regulations. |
| (3) | A BSL that intends to transmit a PA must ensure that the advertisement conforms to the Authority's technical standards and quality as listed in Annexure C of these Regulations. |
| (4) | Each PA submitted to the BSL must indicate clearly the name of the political party or independent candidate and the day, time of broadcast, and relevant broadcast service/s for the PA. |
| (5) | A BSL, to whom a PA has been submitted by a political party or an independent candidate for broadcast, must not in any way edit or alter the advertisement. |
| (6) | A political party or an independent candidate whose PA has been rejected and disputes the rejection, and has no intention of altering or editing the advertisement, may refer the matter to the Authority within forty-eight (48) hours of being informed of the rejection. |
| (7) | Any complaint lodged with the Authority in terms of sub-regulation (6) will be addressed by the Authority in accordance with regulation 6 of the CCC Regulations. |
| (8) | Subject to sub-regulation (7), the Authority will, within twenty-four (24) hours of making a determination, communicate to the parties the outcome, which is final and binding on the parties. |
| (9) | A political party or an independent candidate that submits a PA to a BSL for broadcast must ensure that the PA does not: |
| (a) | contravene the provisions of the Electoral Code, the Electoral Act, the Constitution, the Act and the Broadcasting Act; or |
| (b) | contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act. |
| (10) | A political party or an independent candidate that submits a PA for broadcast to a BSL, is deemed to have indemnified the BSL against incurred costs, damages, losses, and third-party claims arising from the broadcast thereof. |
| (11) | A BSL must not broadcast a PA immediately before or after another PA or PEB. |
| (12) | Content broadcast as a PA must not be broadcast as a PEB. |
| (13) | A BSL that broadcasts a PA must ensure that all PA broadcasts are clearly identified through a standard pre-recorded concluding message (tail) disclaimer. |
| (14) | A BSL that broadcasts a PA must ensure that all PA disclaimers are announced in a similar manner. |
| (15) | A Low Power Broadcasting Service Licensee must not broadcast a PA. |
[Regulation 6 substituted by section 6 of Notice No. 4443, GG50204 dated 26 February 2024]
