Friday, July 30, 2010

Business Day reports ICASA Bill submissions

New bills will ‘undermine’ independence of Icasa

Broadcasters and telecoms industry fear power will shift from regulator to minister
Chantelle Benjamin, Business Day, Johannesburg, 29 July 2010

A NEW bill proposing substantial changes to how the Independent Communications Authority of SA (Icasa) functions has been criticised by industry players as an attempt by the communications minister to erode Icasa’s independence.

The Icasa Amendment Bill is the second bill — the first being the controversial Public Service Broadcasting Bill — which has prompted an outcry from the industry. It is argued that it gives too much power to the minister, Siphiwe Nyanda.

But the Department of Communications has said both bills are only in their beginning stages and their contents could be influenced by public input. The deadline for submissions on the Icasa bill was Monday, and a variety of interest groups made submissions which in effect advocate the same thing. While they believe an overhaul of Icasa is long overdue, they feel the new legislation seriously undermines Icasa’s independence and is therefore unconstitutional.

They say what is needed before either the Icasa Amendment Bill or the Public Service Broadcast Bill are formally introduced to Parliament is a comprehensive communications policy review process undertaken by the Department of Communications with the appropriate stakeholders.

On the issue of the Icasa Amendment Bill, Icasa has long been accused of being toothless and inefficient, and not without reason. The organisation has failed in many ways to satisfy its mandate which, as the Freedom of Expression Institute (FXI) puts it, is: “to balance the competing demands of promoting fair competition, protecting and serving the public interest ... and to regulate the electronic communications industry”.

To name just two examples, Icasa appeared to be at a loss as to how to protect the public from high cellular interconnection fees, leaving the minister to intervene in the end, and it has failed to probe claims that the SABC is not meeting its local content mandate. Encouraging local content in broadcasting is an important part of the SABC’s function.

The Icasa Amendment Bill, which was released with little fanfare by Gen Nyanda last month for public comment, sparked immediate concern in the broadcast and media sector.

Save Our SABC (SOS) — a coalition of bodies such as the FXI, trade unions and Media Monitoring Africa — says in its submission that it is seriously worried about threats to Icasa’s independence.

“In attempting to ensure greater efficiencies the bill brings Icasa directly under government’s wing, but Icasa needs to operate at arm’s length from government, as at times it will be required to rule against government and at times against the industry,” it says.

The SOS also says the Icasa Amendment Bill fails to strengthen Icasa’s structure or concerns that its under funded.

Guy Berger, head of the school of journalism at Rhodes University, in his personal submission, commends the bill’s attempts to clarify functions at Icasa and seeking to improve turnaround times.

But he argues it places “too much burden on the minister” in that it requires the chairman of the council “perform such other functions the minister may determine, subject to prior notification being given to the National Assembly” without defining “notification”.

He says the ability of the minister to assign tasks, such as licensing and monitoring and compliance, to individual councillors, amounts to “micromanagement” of a supposedly independent body.

He also questions giving the minister and the National Assembly the power to select members of the complaints and compliance committee, which is responsible for ensuring that broadcasters comply with legislation and regulations. This, he says, will be unconstitutional since the power to nominate the committee should be in the hands of the Icasa council.

It will also cause conflict since the complaints committee has the power to issue orders directly instead of making recommendations to the council, leaving the council relatively powerless.

The FXI said that without an independent Icasa, the SABC might be “vulnerable to political interference” as it was during apartheid.


Wednesday, July 28, 2010

Encounters South African International Documentary Festival 2010

Encounters South African International Documentary Festival is kicking off its 12th edition on Tuesday12 August in Cape Town and Monday 18 August Johannesburg. In both cities the festival will run until the 29th of August being held at NuMetro V&A Waterfront and The Labia On Orange in Cape Town, and at The Bioscope in Johannesburg.

This year's lineup is very exciting with some documentaries featuring in the Heritage Focus, Green Movies and the Focus on Reunion Island.

Click here for PDF or here for WORD doc of our press release.

For more information visit our website www.encounters.co.za and also join our facebook page to check out trailers and have updates on the festival and other Encounters activities.

BREAKING NEWS - Fair Use Victories on the DCMA

The following report on a Fair Use Victory in the USA, by the same people who have been working in Fair Dealing provisions of our own copyright act in South Africa with the DFA. For more see the main DFA web site, under projects.

As a friend of the Center for Social Media, we thought you'd like to get some of the best news we've received recently.

Another victory for common sense and fair use came today from the Librarian of Congress, acting on recommendations from Copyright Office. The latest ruling on exemptions to the Digital Millennium Copyright Act greatly expands access to encrypted, copyrighted works for fair use purposes.

Now, college teachers of all kinds, university film and media studies students, documentary filmmakers, and makers of noncommercial videos can all break encryption on commercial DVDs to quote motion pictures, for the purpose of criticism and comment. Breaking encryption is the kind of thing you do with HandBrake and other software programs that let you copy material that the provider has digitally "locked." The DMCA makes illegal most breaking of encryption for any purpose; however, every three years the Copyright Office can grant exemptions for petitioners who suffer adverse effects from the law.

In May 2009, college teachers, documentary filmmakers, media literacy teachers and remixers, especially makers of video fan fiction or "vidders,"petitioned the Copyright Office for the right to quote copyrighted and encrypted film in their own work. They petitioned because they understood the value of fair use, and they mostly got that understanding by creating, within their communities of practice, codes of best practices in fair use. The Center was instrumental in shaping these codes, along with the Washington College of Law's Program on Information Justice and Intellectual Property (PIJIP). For Pat Aufderheide's report on their presentations, go here.

The communities represented in these petitions were supported by a network of fair use advocates, including not only the Center and PIJIP but the Washington College of Law's intellectual property clinic, University of Southern California's intellectual property clinic students and director Jack Lerner, Los Angeles lawyer Michael Donaldson, and the Electronic Frontier Foundation.

The rules are broader than many expected, but still involve strict restrictions. The exemption for use of motion pictures on DVD-which lumps together doc filmmakers, college teachers and film/media studies students and noncommercial video creators such as remixers--is limited only to criticism and commentary, not to all potential fair uses; the excerpt must be "relatively short"; a new work must be created; and the maker must have a reason why an inferior quality (such as one shot off a screen or from a VHS) is not good enough. The rule only applies to DVDs, not to all audio-visual material--for instance to video games or slideshows. But the Librarian made no quantitative restrictions, in fact refusing to define "relatively short," which means that makers can judge the length according to their critical or commentary needs; and the decision about whether high quality is necessary is left to the user.

As well, the Copyright Office granted the Electronic Frontier Foundation's fair-use argument for making "jailbreaking" a smartphone (breaking your iPhone's encryption to install non-Apple-approved software) legal.

Not everybody won. Media literacy teachers, said the Copyright Office, were not included in the class of people who can quote movies on DVD because the Copyright Office did not believe that they really need high-quality versions to do their work. However, media literacy teachers and their students frequently produce non-commercial work, and such work will be covered under the granted exemption.

In the 2012 hearings, expect to see some of these petitioners return, either to increase the range of materials they can use or with more evidence that they need to break encryption to do their work. And don't be surprised if you see even more petitioners, who have come to realize the value of their fair use rights.

The Center for Social Media
--helping people make media that matters

Tuesday, July 27, 2010

SOS News ICASA Amendment Bill submissions up on the SOS website

Hello all
Do have a look at our website. Most of the submissions are up, as well as articles, press statements etc. Thanks to all of you for sending them to me! The deadline for submissions was yesterday 4pm.
If you have a quick read through the submissions - you will see the following points are important:
  • We needed more time to consult with members. A thirty day time period is wholly inadequate.
  • We need a proper policy process - at the very least - a review of the White Paper on Broadcasting, 1998. This Bill and also the Public Service Broadcasting Bill should not have been gazetted before this process was complete. The fact that a policy review process hasn't taken place means that critical issues - such as ICASA's funding model - have been ignored. One of the major reasons for ICASA's inefficiency is lack of capacity and funding.
  • Some of the proposals around efficiency and tighter turn-around times should be welcomed. However these proposals (in terms of number of days) should be benchmarked against international and local best practice. Also, the key issue is infact funding and capacity.
  • ICASA's independence from all vested interests is essential - be these interests commercial or government.
Please find information click here.

Please find the IPO’s response to the request for comments on the ICASA Amendment Bill here.

Happy reading! Thanks for the great submissions.

Kate Skinner
Campaign Coordinator - SOS:Support Public Broadcasting
(082) 926-6404

Invitation to Dr. Pierre Merle talks on European Broadcasting Environment

Invitation:
Discussion around the state of the broadcasting industry, co-production and independent filmmakers with… Dr. Pierre Merle: Commissioning Editor Drama Department of Arte France.

Date: Monday, 2 August 2010
Venue: Alliance Francaise CT 155 Loop Street
RSVP:
tel: 021 483 9070

SEATS ARE LIMITED!

PROGRAMME:

Morning Session: 10h00 - 12h00
Enhancing the Relationship betweenBroadcaster and Independent Producer

LUNCH

Afternoon Session: 14h00 - 17h00
Current Commissioning Trends in Europe: Exploring the Universe of Co-Production

SOS News Support Public Broadcasting Submission on the ICASA Amendment Bill, 2010

Here are the FINAL versions of the SOS News Support Public Broadcasting Submission on the ICASA Amendment Bill, 2010.

Click here to read SOS Submission on the Proposed ICASA Amendment Bill 26 July 2010 as a PDF or here to read as a WORD doc.

Click here to read Annexure B - SOS proposals on broadcasting regulation - 26 July 2010 as a PDF or here to read as a WORD doc.

Thursday, July 22, 2010

Encounters South African International Documentary Festival 2010


12th ENCOUNTERS SOUTH AFRICAN INTERNATIONAL DOCUMENTARY FESTIVAL 2010

www.encounters.co.za

Cape Town: 12 - 29 August 2010

Venues:
* Nu Metro, V&A Waterfront
* Labia on Orange, 68 Orange Street, Gardens

Johannesburg: 18 – 29 August 2010

Venue:
The Bioscope, Ground Floor of Main Street Life, 286 Fox Street, Maboneng Precinct

Monty Python, Corporate Greed, Osama’s Driver, Our Rugby Heroes, Berlusconi, Drug Barons, Jozi, Afrikaans and Township kids are all at the Encounters South African International Documentary Film Festival - celebrating 12 years of thought-provoking entertainment this August.

ENCOUNTERS is the premier Documentary Festival on the African continent and a major event on the film circuit calendar.

Documentaries have the power to take audiences into other worlds, hold a mirror up to humanity and lift the veil on our perceptions of ourselves and others.

Doc features are now a global phenomenon and this year filmgoers are offered an exceptional and varied selection of 50+films – many award winning titles, fresh from international festivals, and 8 that will receive their World Premières at ENCOUNTERS.

Here are some of the highlights:

THE SPOTLIGHT ON SOUTH AFRICA

Once again the organisers of Encounters have selected the best films that portray the South African landscape and its peoples. Young international directors present an outsider’s view of South African political history, and a look at life in the underbelly of the urban sprawl and age-old traditional rituals.

RFK In The Land of Apartheid – A Ripple of Hope USA 2009 75min
This is a film that was begging to be made – a remarkable gem, with never-before-seen footage and contemporary interviews, filmmakers Larry Shore and Tami Gold tell the story of Robert Kennedy's historic 1966 trip to South Africa. The film highlights a dark part of South Africa's history while demonstrating courage that was truly a ripple of hope. In six days RFK covered enormous ground, delivering four recorded public speeches (UND, Stellenbosch, the Johannesburg Bar and WITS), visited Soweto – shaking the hands of ordinary people – and visited the banned Nobel Laureate Chief Albert Luthuli. It is his “Ripple of Hope” speech which he made in South Africa and which is acknowledged as the greatest of his career that was unfortunately, almost two years to the day later, to be his epitaph.

Comrade Goldberg Germany 2010 55min World Première
As the only white among those convicted and sentenced to life at the Rivonia Trials, Denis Goldberg will always have a unique place in South African history.
Peter Heller’s film is a personal and political account of the man who became an MK commander, bomb maker and saboteur and who spent 22 years in Pretoria Central as a consequence. His segregation from the others sent to Robben Island denied him the contact and the companionship of his fellow accused. This film tells about the human side of the often painful road to freedom, about the joy of living, love and death, human dignity, political passion and a very long imprisonment.

On The Other Side of Life Germany 2009 88min
Filmmakers Brockhaus and Wolff follow Bongani and Lucky, young brothers living on the “edge of the edge” in Khayelitsha shantyland, to Pollsmoor, where they await trial for murder until their grandmother posts their bail with her pension. Out on bail they travel to the beautiful mountains of the Eastern Cape, where newly circumcised, they are initiated into the ways of men – time now to put aside rape, robbery and drugs, and live responsible lives! This is not the story of just two young South African men, but of millions.
Directors Stefanie Brockhaus and Andy Wolff are guests of the Festival and travel courtesy of the Goethe-Institut.

Promised Land USA 2010 53min
Historically, socially and personally, land possession is a controversial issue in Africa. Post-colonial nations have struggled with righting the ills of the past without upsetting agricultural security. Focussing on South Africa’s land reform, Richen’s fascinating and balanced documentary sheds new light on this ongoing and always complex issue.
Director Yoruba Richen is a guest of the Festival.

Made by South Africans for South Africans

Three of the best South African documentary filmmakers will be shown at this year’s Encounters: Clifford Bestall, Rehad Desai and Jo Menell.

Directed by Clifford Bestall, and narrated by Morgan Freeman, The 16th Man (SA 2010 50min)reveals the extraordinary political acumen of Nelson Mandela, when he saw and used the opportunity of an international sporting tournament, the Rugby World Cup in 1995, to heal and reconcile a nation that had teetered on the brink of civil war. It recreates the tension and drama on and off the pitch. It intertwines footage of the games, happenings in the country and key interviews with those at the heart of events, to tell the amazing true story of how the contest, and the thrilling Springbok victory, changed everyone involved and the country with it. The 16th Man is based on John Carlin’s Invictus, also the inspiration for the Clint Eastwood film. Cliff Bestall will conduct an Encounters Master Class.

Rehad Desai ‘s The Battle for Johannesburg (SA 2010 71min) centres on the run up to the World Cup, where the long-running struggle for control of central Jozi has intensified. But, the ambitious urban renewal projects aimed at transforming the mean streets into a “World Class city” haven’t made much headway against endemic crime, and a burgeoning population of poor migrants occupying crumbling tenements. Desai turns investigative reporter as he exposes the brutality of evictions, police raids and self-appointed landlords, the appalling living conditions of the residents and the lofty ambitions of property developers hoping to transform derelict buildings into islands of security and comfort among the deprivation and decay.

Jo Menell’s Thembi (SA 2010 50min) is the portrait of an enchanting young woman whose travails epitomise the experience of the majority of South African youth. She came to fame through her audio diary recorded for the US National Public Radio. It documented her daily life in Khayelitsha and the physical, social and emotional struggle of living with HIV. This is a World Première.

Afrikaners and Afrikaans Identity is a topical subject amongst the chattering classes and is explored in the films:

Afrikaaps Directed by Dylan Valley SA 2010 60min
Encounters is delighted to present the World Première of Afrikaaps, which breaks ground by boldly reclaiming and liberating Afrikaans – so long considered the language of the oppressor. It does this by foregrounding alternative histories of ‘the creole birth’ of the language and shattering long-existing efforts to whitewash and purify Afrikaans. While the ideas of the film are informed by rigorous academic study, the presentation of those ideas are steeped in the now – conveyed by hip hop-generation Cape Town-based artists like Jitsvinger, Bliksemstraal, Blaq Pearl and Emile XY, who school audiences with an immediacy, irreverence and vibrancy often frowned upon by the academy.

Afrikaner Afrikaan directed by Rina Jooste SA 2009 48min
Using music as a springboard for discussion, Jooste's selection of muso protagonists, Deon Maas, Sean Else and Johrné van Huysteen, captures the new buoyancy and divergence in Afrikaner identities freed from the straitjacket of Afrikaner nationalism. The enduring power of music and song to express and assert identity, and protest, is evidenced in the recent De La Rey phenomenon (it sold over 200,000 copies), and the popularity of Fokofpolisiekar, a punk Afrikaans band who refuse to be apologisers but are moulding a more liberal identity for Afrikaans youth. Even before this, in the 1980s, the foundations were laid by artists such as Koos Kombuis and Johannes Kerkorrel, who first questioned the Afrikaans norm.

Other South African titles include:

Earthchild directed by Lesedi Mogoatlhe SA 2008 48 min
Nokuphiwo Jada, is changing the lives and attitudes of children at a Khayelitsha primary school. Her effective use of yoga, meditation and other life skills is evident in the testimony of her young pupils, who speak with passion and pleasure of the influence of simple relaxation and awareness techniques on their outlook and ambitions.

The World Première of Here Be Dragons, directed by Odette Geldenhuys (SA 2010) is a portrait of the life and legal career of the South African national treasure, George Bizos.

Unhinged: Surviving Jo’burg directed by Adrian Loveland SA 2010 52min
Loveland takes you on a spin (literally) through and around Jo’burg in this doccie. He calls it a black documentary and throws all the crazy, sad, hectic and magic of Jo’burg at you with a mixture of facts, photography and footage.

Moving to other parts of Africa - Life in war torn Congo is explored in Congo in Four Acts DRC / SA 2009 69min, a collection of four short films by first-time Congolese filmmakers Dieudo Hamadi, Divita Wa Lusala and Kiripi Katembo Siku, that offer a rare glimpse of life there, stories that range from the absurd to the horrifying to the heartbreaking; fearlessly honest, the young filmmakers compassionately reveal the frailty, doggedness and beauty of ordinary people living in intolerable circumstances.

State of Mind Directed by Djo Tunda wa Munga DRC 2009 50min, follows an intriguing psychological experiment led by the 80-year old Albert Pesso, using his psychomotor therapy technique. Shot during group sessions conducted in the DRC, and interspersed with beautiful images of people and countryside that counterpoint the real ‘State of Mind’ of the nation, the film reveals startling results. It shows how non-verbal interactions can unlock memories and how the healing process transcends languages.

Set in Sierra Leone Steve Kwena Mokwena’s Driving with Fanon (SA / Sierra Leone 2010 55min)reveals the trembling violence, bristling just below the surface of Freetown. With Frantz Fanon’s wisdom a cautionary backdrop, Mokwena’s daring, unsettling film, with its atmospheric soundtrack challenges a new generation of Africans to ask and answer the hardest questions about our recent past and uneasy post-colonial present.

For the Best and for the Onion! Directed by Sani Elhadj Magori (Niger / France 2008 52min) charts the travails of Yaro, a hard man and an onion farmer, as he fights the elements, decreasing onion prices and competing farmers to finally provide his daughter Salamatou with nuptials that she and tradition deserve. Salamatou’s wedding teeters over the success of Yaro’s famous Galmi purple onion crop. Courtesy of the French Embassy

AWARDS
African Movie Academy Awards 200, Nigeria - Best Documentary
Caméra des champs 2009, Ville-sur-Yron - Prix Jean Rouch
Docudays 2009, Beirut - 1er prix du jury et Prix du jury jeune lycéen
Corsica.Doc 2009 - Best foreign film award
Dokfest 2009, Munich - Award Best Documentary (Feature-length)
GZ DOC 2009, Guangzhou - Grand Prize Focus Competition
Festival Filmer le travail 2009, Poitiers - Great Award

THE REST OF THE WORLD

And now for something completely different - Monty Python: Almost the Truth (The Lawyer’s Cut) UK 2009 106 min – portrays the group which even today, over 30 years after their debut on UK TV, retain their cult like status. This is the first time the Python phenomenon has been so candidly dissected on film. From childhood photos and home movies to their university days and early work in television, the documentary seeks to describe, if not explain, the complex characters that came together to form the most influential comedy team in history. Surprisingly frank interviews with the surviving Pythons, providing an inside view of the creative process, and the tensions. The film is peppered with best-loved snippets from their irreverent oeuvre.

More fun will be had watching Winnebago Man USA 2009 87min, winner of a host of awards. When outtakes from a 20-year-old sales video for Winnebago autohomes made it onto YouTube, the presenter, Jack Rebney, became an unwitting internet sensation. Dubbed “the angriest man in the world”, Rebney’s hilarious, expletive-drenched outbursts have been downloaded by millions and widely quoted in Hollywood movies and TV shows. We find Rebney in his isolated mountain cabin where the 80-year-old is as angry as ever, but also intelligent, humane and immensely engaging.CineVegas IFF 2009 Audience Award
Edmonton IFF 2009 Grand Jury Award
Sarasota FF 2009 Jury Prize
Berlinale 2009 International Panorama Audience Award

‘Is Greed Good?’ is the question asked in The Yes Men Fix the World USA / UK / France 2009 87min. Audacious, irreverent and mischievous, crusaders Andy and Mike are a passionate pair of corporate pranksters. Determined to bring to light the real issues that US corporations such as Dow, Exxon Mobil and Halliburton spend a lot of money glossing over, they travel the globe adopting false corporate personas, spewing absurd notions and ideas, trying to draw attention to the real impact of big business and the Free Market model.
IDFA 2009 DOC U! Award

The Arts are celebrated with Of Heart and Courage: Béjart Ballet Lausanne Spain 2009 80min in which we see Gil Roman faced by a daunting and thrilling challenge. He has ‘inherited’ the renowned Lausanne-based ballet company founded by his mentor, Maurice Béjart. He must choreograph and present his first ballet to an expectant audience who will make the inevitable comparisons. This a superb film, not just for ballet aficionados, and what emerges is the delicate interplay between Roman and his dancers in producing an exquisite, exciting, exacting ballet.

Genius Within: The Inner Life of Glenn Gould Canada 2009 108min
‘I detest audiences. They are a force of evil,’ so said Glenn Gould, the renowned pianist and 'interpreter' of JS Bach, who abandoned public performances at the height of his career, aged 32. The film includes anecdotes of his legendary eccentricities, but with new-found footage exposes more of the man and his complicated love life.

City of Photos India 2005 75min takes you into the grubby photo shacks of India. Here we see a rich culture of a nation observing itself. Surprisingly, this is not only done in context of vanity, but also in front of history. Subjects pose, poised, before painted backdrops depicting natural disasters and some human ones that are universally familiar and horrifying.

In The News

Encounters also includes news making subjects like The Oath which provides an insight into that very 21st century construct, the War on Terror. The narrative is built around the arrest and seven-year detention at Guantanamo Bay of Osama bin Laden’s driver Salim Hamdan: we meet the man who recruited him, his brother-in-law and former bin Laden bodyguard, Abu Jandal, and the US military lawyer defending the man Jandal feels he betrayed. The film sweeps from Yemen, where Jandal has undergone a Yemeni re-education programme, to Cuba and back again.

Videocracy Sweden / Denmark / UK / Finland 2009 85min
Silvio Berlusconi, media magnate and current Italian prime minister has turned Italy into a nation of celebrity-obsessed wannabes, addicted to cheap TV game shows and talent contests in which naked women are the main attraction. Videocracy concentrates on the culture he has created and the deeply strange people who feed its desires. Courtesy of SFI

Sins of My Father Columbia / Argentina 2009 75min
Some happily live in their father’s shadow, but when Dad is cocaine-baron Pablo Escobar, that shadow is dark, foreboding and seemingly endless. A fugitive for the last years of his father’s life, and exiled in Argentina since his death, Escobar’s son Sebastián Marroquín opens the family’s film and photo archives and recounts his father’s life, as he remembers it.
Courtesy of the Director
Miami FF 2010 Grand Jury Prize / Audience Award
Sundance 2010 Nominated - Grand Jury Prize

Pax Americana and the Weaponization of Space France / Canada 2009 90min exposes the likely consequences for the planet if the US military succeeds in occupying “the ultimate high ground”. These include the risk of a space-based arms race, nuclear retaliation by threatened powers, the likelihood of catastrophic error and the danger the debris from destroyed satellites and missiles pose to global communication systems.
Denis Delestrac is a guest of the Festival, courtesy of the French Embassy, and will conduct an Encounters Master Class.

The Best of the Rest feature

Petition Dir: Zhao Liang France / China 2009 124min
In China, many people travel huge distances to seek justice, to right legal wrongs after failing to win cases lodged at local levels. They are pursued by gangs of men hired by those same local authorities, and are intimidated, dragged away from outside official buildings, and often beaten to stop them filing their petitions. For some the ‘Petitioners’ Village’ is the only ‘home’ they have known, brought there as children by parents who no longer have the option of returning to their villages.

The Sound of Insects Dir: Peter Liechti Switzerland 2009 88min, based on the diary of a man who has decided to starve himself to death in a forest, Liechti’s minimalistic vision negotiates between the renunciation of life and the power of dreaming further through cinema. We wait on the line between life and death, and when the latter finally arrives, the effect is stupendous.

European Film Awards 2009 Best Documentary
Tapped Dir: USA 2009 75min
Water, water everywhere, but at what a price to drink! This instantly gripping, well-researched documentary investigates the many negative health and environmental issues that surround the commercialisation of H2O.

The National Film and Video Foundation is the primary sponsor of the Festival. Encounters is made possible by the further support of the Cape Film Commission, Provincial Government of Western Cape, The Times, Nu Metro, Tempest Car Hire, Out in Africa , Pro Helvetia, The Swiss Arts Council, French Embassy, British Council and Cape Town TV.

For Further information please contact:
Joy Sapieka joyls@mweb.co.za 073 212 5492

Helene Turvey heleneturvey@gmail.com 076 024 2993

REMINDER: MY TOWN DEADLINE! 1 DAYS TO GO

DFA PRESENTS
SHORT DOC COMPETITION
Call for 3 minute mini-documentary

In 2009 the Documentary Filmmakers’ Association, in collaboration with the Encounters Documentary Festival launched the MY TOWN short documentary competition. After and enthusiastic response from filmmakers and aspirant filmmakers we’ve decided to keep a good thing going and allow it to develop into an exciting annual event.

Introducing

MY TOWN 2010

The town we come from/live in shapes who we are. We occupy its space, it occupies us. In this short 3 minute documentary competition, filmmakers, aspirant filmmakers, artists and students are invited to make a short 3 minute documentary titled “My Town”. You can interpret this brief any way you like – revisit your birthplace, explore your suburb or township and tell your story.

The 8 best films will be chosen by a selection panel appointed by the Documentary Filmmakers Association (DFA). These 8 films will screen at the Waterfront Nu Metro cinema as part of the Encounters documentary festival (as pre- main feature shorts). The 12th Encounters South African International Documentary Festival will be held in Cape Town from the 12th to the 29th of August 2010. One film will be selected as an overall winner by a panel of judges comprising of film as well as arts and broadcast practitioners. The winner will be announced at a function during the Encounters Documentary Festival in Cape Town.

Films will be produced at own expense. The films produced remain the property of the filmmakers. The DFA will endeavor to negotiate broadcast and festival screenings with the filmmakers’ permission. Selected Filmmakers will benefit from on-screen credits and general media exposure through the project. All filmmakers who enter a film will receive a year’s free membership to the Documentary Filmmakers Association (July 2010 – June 2011).

PRIZES

MY TOWN DOCUMENTARY AWARD
  • R2500 cash prize awarded by the DFA
  • 2 La’Cie Rugged USB & Firewire 320GB drives sponsored by the VISUAL IMPACT GROUP
MY TOWN DOCUMENTARY DEVELOPMENT AWARD
  • Filmmaker will be awarded a place in the NATIONAL FILM AND VIDEO FUND SPARK program (details below)
Delivery and Deadline:
  • Deliver 3 x copies of your film on DVD (DVD’s must be high quality and viewable on home dvd players)
Films must be delivered by 14:00 on 23 July 2010

Deliver to:
7 Glynnville Terrace
Gardens, Cape Town, 8001
For Attention: THERESA MEYER

All films delivered must be accompanied with a signed MY TOWN competition entry form, which can be downloaded from our website on: http://www.docfilmsa.com

NFVF SPARK PROGRAM

This is a short course that enables individuals with an interest and strong motivation to become documentary filmmakers to acquire the basic skills, knowledge and understanding to be able to progress their scripts/projects in a professional manner.

Course duration: Total of 8 days – 4 week-ends over a period of 4 months

The objective of this course:
  • Identify the role of the documentary filmmaker in society.
  • Participate in an exercise where – driven by your individual passion for an idea, issue or theme – you select and find the story within that idea and develop, research & write that story to documentary shooting-script stage, subject to the following:
There are many different ways of making a documentary. This series of Spark Documentary Workshops – is an exercise – that will expose the participant to a particular process that if grasped will enable him / her to take an idea and develop that idea into a successful documentary production/proposal to potential funders. The winner will be enrolled in this course, and his tuiton, travel and accommodation to and from the workshops will be funded by the foundation.

Wednesday, July 21, 2010

SOS News Press statement and letter to the Minister of Communications asking for a shift in deadline for submissions on the ICASA Amendment Bill

Hello all
Please click here to find our latest press statement attached. Also, please click here to find the letter we have sent to the Minister of Communications.

Also, do remember to sign the petition if you haven't yet! Do put forward your views on democratic, accountable and independent regulation. There is space to comment. Have your say:)
Warm regards
Kate

Request for production house

Dear Members,

A new DFA Member Paki Productions is looking for the Production house to partner with for the documentary titled: Crime Story.

Please contact him at: pakiproductions@gmail.com for more info.

Monday, July 19, 2010

You are invited to see Pierre Merle


Dear SASFED Member Orginisation Member (please extend to all SASFED Org's Members).

On the occasion of the visit of Mr Pierre Merle, Commissioning Editor – Drama department, for Arte France,

The French Embassy in South Africa, the French Institute of South Africa (IFAS) and the Alliance Française of Johannesburg, in association with the South African Broadcasting Corporation (SABC), the South African Screen Federation (SASFED), the Gauteng Film Commission (GFC) and Tricontinental Film Festival

Are pleased to invite you as a SASFED member to participate in a gathering of broadcasters representatives, independent producers and filmmakers.

to share views about the state of the TV production industry in South Africa.
Date: 29th of July 2010
Time: 10am to 5pm
Address: Alliance Francaise of Johannesburg, 17 Kerry Road, Cnr Lower Park Drive, Parkviev - JHB

RSVP:
Capucine Laurent
French institute of South Africa
011 836 0561

SOS News ICASA Amendment Bill - please sign their SOS petition!

SOS has started a petition re this new IACSA Bill the DOC is trying to push... we need an extension of the deadline for comment at least!

Please complete the quick online petition on the new SOS web site at: http://www.supportpublicbroadcasting.co.za/petitions/entry/sos_support_public_broadcasting_petition/

Our industry depends on this! Please pass on and get as many to do this as possible.

We have until Sunday the 25th to submit our views on the new ICASA Amendment Bill. SOS is calling for more time. We need meaningful consultations on this very significant and far-reaching piece of legislation. Please do sign our petition on the homepage of thier website -http://www.supportpublicbroadcasting.co.za/petitions/entry/sos_support_public_broadcasting_petition/
. Get all interested stakeholders to support us. The more signatures we have the better.

Also please note that they have uploaded their SOS draft submission under our "Strengthening ICASA Campaign" on their web site. Please note that this is just a draft - they are needing your input. Do get back to me on this with your comments, opinions etc.

Tuesday, July 13, 2010

Reminder: 2 Weeks to go for the MY TOWN deadline

DFA PRESENTS SHORT DOC COMPETITION

Call for 3 minute mini-documentary

In 2009 the Documentary Filmmakers’ Association, in collaboration with the Encounters Documentary Festival launched the MY TOWN short documentary competition. After and enthusiastic response from filmmakers and aspirant filmmakers we’ve decided to keep a good thing going and allow it to develop into an exciting annual event.

MY TOWN 2010

The town we come from/live in shapes who we are. We occupy its space, it occupies us. In this short 3 minute documentary competition, filmmakers, aspirant filmmakers, artists and students are invited to make a short 3 minute documentary titled “My Town”. You can interpret this brief any way you like – revisit your birthplace, explore your suburb or township and tell your story.

The 8 best films will be chosen by a selection panel appointed by the Documentary Filmmakers Association (DFA). These 8 films will screen at the Waterfront Nu Metro cinema as part of the Encounters documentary festival (as pre- main feature shorts). The 12th Encounters South African International Documentary Festival will be held in Cape Town from the 12th to the 29th of August 2010. One film will be selected as an overall winner by a panel of judges comprising of film as well as arts and broadcast practitioners. The winner will be announced at a function during the Encounters Documentary Festival in Cape Town.

Films will be produced at own expense. The films produced remain the property of the filmmakers. The DFA will endeavor to negotiate broadcast and festival screenings with the filmmakers’ permission. Selected Filmmakers will benefit from on-screen credits and general media exposure through the project. All filmmakers who enter a film will receive a year’s free membership to the Documentary Filmmakers Association (July 2010 – June 2011).

PRIZES

MY TOWN DOCUMENTARY AWARD
  • R2500 cash prize awarded by the DFA
  • 2 La’Cie Rugged USB & Firewire 320GB drives sponsored by the VISUAL IMPACT GROUP
MY TOWN DOCUMENTARY DEVELOPMENT AWARD
  • Filmmaker will be awarded a place in the NATIONAL FILM AND VIDEO FUND SPARK program (details below)
Delivery and Deadline:
  • Deliver 3 x copies of your film on DVD (DVD’s must be high quality and viewable on home dvd players)
  • Films must be delivered by 14:00 on 23 July 2010
  • Deliver to: 7 Glynnville TerraceGardens, Cape Town, 8001 For Attention: THERESA MEYER
All films delivered must be accompanied with a signed MY TOWN competition entry form, which can be downloaded from our website on: http://www.docfilmsa.com

NFVF SPARK PROGRAM

This is a short course that enables individuals with an interest and strong motivation to become documentary filmmakers to acquire the basic skills, knowledge and understanding to be able to progress their scripts/projects in a professional manner.

Course duration: Total of 8 days – 4 week-ends over a period of 4 months

The objective of this course:
  • Identify the role of the documentary filmmaker in society.
  • Participate in an exercise where – driven by your individual passion for an idea, issue or theme – you select and find the story within that idea and develop, research & write that story to documentary shooting-script stage, subject to the following:
There are many different ways of making a documentary. This series of Spark Documentary Workshops – is an exercise – that will expose the participant to a particular process that if grasped will enable him / her to take an idea and develop that idea into a successful documentary production/proposal to potential funders. The winner will be enrolled in this course, and his tuition, travel and accommodation to and from the workshops will be funded by the foundation.

To view MY TOWN 2010 Competition on the DFA Site as well as downloading the entry forms click here.

From Engineering News Online: Broadcasters and manufacturers warn against turning back digital migration clock

By: Petronel Smit 9th July 2010

A cloud currently hangs over South Africa’s move from analogue to digital television broadcasting after the Department of Communications (DoC) announced in April that it would review the accepted European standard and consider the Japanese standard. Manufacturers and broadcasters alike are now anxiously awaiting the outcome of the government review, as it will determine whether years of research and investment may have been in vain.

South Africa and the world have until 2015 to move from analogue to digital television broadcasting, under an agreement with the International Telecommunications Union (ITU), after which the frequencies will no longer be protected.

In 2006, all South African Development Community (SADC) countries agreed to take on the digital video broadcasting terrestrial (DVB-T) standard as the primary technology so as to facilitate a flow of skills and technologies between the countries in the region. Mauritius has already started its digital migration process and has 70% set-top box penetration on the selected standard.

South Africa’s Cabinet approved the European DVB-T transmission standard under the Broadcasting Digital Migration Policy for South Africa in August 2008 and the acceptance of the standard was gazetted in September 2008. Communications Minister Siphiwe Nyanda also publicly committed to the deadline of November 2011 for South Africa’s own migration – a commitment which led local industry to invest millions of rands in developing set-top boxes and to run trials based on the European standard.

The DoC review, thus, came as a shock, as did the department’s announcement in April that it was considering supplanting the European DVB-T standard with the Japanese integrated services digital broadcasting terrestrial (ISDB-T) technology, thereby stalling the process of converting to a digital standard.

Considering Standards Nyanda argued that South Africa had initially failed to fully interrogate other standards, a statement that was rebuffed by both free-to-air channel e.tv and pay television channel M-Net in June.

M-Net head of regulatory and legal affairs Karen Willenberg said that the broadcaster had done a thorough investigation of all available digital terrestrial television (DTT) standards.

“In 2002, the Ministerial task team appointed the Digital Broadcasting Advisory Board, consisting of independent industry experts appointed by the Minister, which recommended DVB-T to the then Minister, Dr Ivy Matsepe-Casaburri,” she noted.

A further analysis was conducted in 2005, when the DoC set up the Digital Migration Working Body, which again recommended DVB-T to government.

Technology house Altech UEC, which designs and manufactures set-top boxes for domestic and foreign clients, reports that the European DVB-T standard and the Japanese ISDB-T standard are equivalent in terms of capability. However, the DVB-T standard has a proven record spanning about 120 countries, while the ISDB-T standard is only used in Japan and Brazil. Peru also began conversion to ISDB-T in March and it is understood that the standard is being widely adopted in South America.

Democratic Alliance shadow Minister of Communications Niekie van den Berg says he is equally perplexed by the DoC review and described the reasons given by the department for the study as “vague”.

“One of the most important considerations in choosing between the two standards is that the European standard uses 8-MHz broadband, like South Africa, while the Japanese standard runs on 6-MHz broadband. Many changes will have to be made for South Africa to run on a frequency of 6-MHz,” says Van den Berg.

State-owned signal distributor Sentech is uncertain about the implications on signal distributions, should the 6-MHz Japanese standard be chosen, but believes that there is less impact on its infrastructure roll-out than that of broadcasters, viewers and set-top box manufacturers.

“It is all still speculation. In line with the Minister of Communications’ Budget speech on April 20, 2010, Sentech continues to roll out its DTT infrastructure and, therefore, planning for any other standard is premature,” says specialist of technical regulatory and government affairs Thato Toko.

The company states that the DVB-T standard is rolling out as planned and it will continue implementing that standard until government, which is funding the project, says otherwise.

Investment and Price
The Department of Trade and Industry (DTI) reports that the transition from analogue television to digital television requires signifi- cant investment, such as transmission infrastructure, studios, content production and set-top boxes, or a new television, including a digital receiver.

DTI chief director for advanced manu- facturing Nomfuneko Majaja says that substantial investment in both equipment and human resource training will be required before the full potential of digital television can be realised. The impact of the cost on the con- sumer must also not be underestimated.

Cabinet plans to subsidise about five-million households that cannot afford set-top boxes. Funding for this support is expected to be sourced from the Universal Services and Access Fund, fed by cellphone companies. Tenders for manufacturing these boxes must still be awarded.

However, the price of the Japanese standard is estimated to be double the price of the European standard. Willenberg asserts that a DVB-T set-top box will cost about R700, while an ISDB-T box will cost in the region of R1 400. This may result in fewer government subsidies being awarded than initially planned, owing to a lack of funds.

The price of the set-top box can make or break the decision in the eyes of consumers. Altech UEC business development director Anton Lan says that volumes and time drive the costs of set-top boxes. Because of all the research and development that has already been done for the DVB-T standard, the price points will be lower for this standard.

M-Net and e.tv agreed that the adoption of a new standard would only result in additional costs to consumers, government and broadcasters.

Research and Development
Van den Berg asserts that choosing the Japanese standard can put South Africa back about three years in terms of research and development.

Altech UEC has done significant research and development around government’s requirements for interactive eservices. Lan notes that there is a good chance that this, and other stakeholders’ research, will be lost.

“Sentech has already started rolling out transmitters and the South African Broad-casting Corporation (SABC) has spent about R80-million on trials. An estimated R500-million has already been spent for the DVB-T development,” he says.

The SABC contracted technology house Reutech, part of the Reunert group, in 2006 for the local design and manufacture of its set-top boxes for digital television trials. The company invested in research and development and received significant government support for the local design and manufacturing of the set-top boxes under its subsidiary brand, Nashua.

No Turning Back
By 2008, Reutech had supplied the SABC with more than 2 000 locally designed and manu-factured set-top boxes. “There’s no turning back; we have acquired specialised skills and knowledge, which has allowed us to develop this product for South Africa and Africa, and are ready to start manufacturing,” says Reutech head of the set-top box project Bertus Bresler.

Meanwhile, Reutech has also investigated the ISDB-T technology. Bresler concedes that the company can apply some of the research and development already done to design and manufacture set-top boxes for the Japanese standard in three to six months. However, it will be a setback and will probably be significantly less cost efficient.

“Reutech is capable of supplying a million set-top boxes for the tested DVB-T standard right now, if required. But to manufacture the ISDB-T standard that runs on 6-MHz or 8-MHz broadband, depending on government’s final decision, will involve a whole new process,” he explains.

M-Net CEO Patricia Scholtemeyer added that M-Net and e.tv had been running DVB-T trials successfully for two years. “We are satisfied with the trials and the DVB-T standard. The DTT transmission networks are ready and manufacturers are ready to proceed with producing set-top boxes,” she said at a media conference.

She noted that the network was using DVB-T because the standard was approved by Cabinet, implemented in policy and confirmed in regulation. “As a business, we believed this gave us the necessary regulatory certainty to proceed to make investments in DVB-T. This last-minute about-turn on standards could derail all the gains made to date,” she said.

e.tv CEO Marcel Golding said that the set-top box specifications had been approved by the South African Bureau of Standards (SABS) and the Independent Com-munications Authority of South Africa (Icasa) had published its DTT frequency plan. “The DoC’s standards review undermines all the stakeholders who have been working on the DTT project for the past ten years,” he asserted.

He added that the adoption of ISDB-T would prejudice the local manufacturing industry, because the market for set-top boxes produced in South Africa would forever be restricted to those few countries that had adopted ISDB-T.

Local Manufacture
The DTI notes that the local set-top box initiative could significantly increase growth in revenues and skills within the electronic manufacturing environment. It could also grow a new subsector, which currently only has one established domestic manufacturer. The subsector’s medium- to long-term goal is to export set-top boxes to African countries, which will all require these boxes by 2015.

The local set-top box manufacturing sector has the potential to produce up to 5,6-million boxes yearly when running at full capacity. This creates an opportunity to build a globally competitive export sector, which is an aim of the Industrial Policy Action Plan.

South Africa has at least nine-million households with TV sets, and some commercial entities also have TV sets, while there are more than 100-million television users in Africa. Lan notes that there is significant export potential for South Africa if the SADC countries continue to look to this country for guidance. However, the current delays decrease this export opportunity.

“The rest of the SADC countries will use DVB-T, because the region is on an 8-MHz frequency, so South Africa will cut itself off from the rest of Africa if government decides to opt for the ISDB-T standard,” he points out.

When government gazetted the new DVB-T standard, in 2008, Altech UEC invested significantly in local intellectual property. The company developed its own hardware and software to support government’s vision.

Lan says that the private sector looks at digital migration in terms of risks and costs. “ISDB-T is a bigger risk because it is deployed in fewer countries and there is no knowledge of it locally. All the intellectual property investment and skills have gone towards developing DVB-T. There is not enough time to create the same base of intellectual property for ISBT before 2015,” he notes.

He adds that the risk will increase significantly if government opts for ISDB-T, as the Japanese standard will then be deployed in an 8-MHz frequency for the very first time and certain modifications will be necessary. “The country will then run the risk of being the tester, while we are already geared to deploy the tried and tested standard,” he explains.

Meanwhile, Majaja points out that the local manufacture initiative also provides an opportunity to diversify the television industry. Employment statistics for the tele- vision industry show that employment is on the decline. The manufacturing of set-top boxes can provide a lifeline for the industry and other related sectors.

“There are numerous opportunities for the set-top box manufacturing sector and, to ensure the maximum benefit to the economy, the sector will need to be equipped to meet the challenges ahead. Therefore, the DTI encourages capital upgrading within the sector and support companies which display the same commitment,” she asserts.

Future of Digital TV
Van den Berg says that it is significant that the decision on whether to use the European or Japanese standard of digital television must not be taken in isolation. The preferences of SADC countries should be taken into account, as the decision to use the European standard was made unanimously at the ITU gathering in Geneva, in 2006.

Industry players feel it is unlikely that many of the SADC countries would be interested in changing standards at this late stage, as broadcasters will probably have to write off millions already invested in digital TV.

e.tv head of regulatory and legal affairs Lara Kantor agrees, saying that if South Africa adopts the Japanese standard, the country will be undermining the African consensus as all countries on the continent have agreed on DVB-T.

While Nyanda says that the digital television standard is merely being reviewed, local manu-facturers are restless as DVB-T is just about to launch and the set-top boxes are already SABS approved.

“Altech UEC currently manufactures locally and has significant infrastructure in place for the development of the new set-top boxes. The possibility of import, if the Japanese standard is adopted, is a concern. The company is anxious about government’s review of the standard,” Lan explains.

Bresler points out that it makes more sense from a technical point of view to follow the European standard. DVB-T software is readily available and affordable and a follow-up standard – DVB-T2 – has already been developed, enabling up to 50% more channels to be broadcast. There is no follow-up standard in the pipeline for ISBV-T yet, which decreases the development possibility.

“If you take into account price and the future of technology, the European standard would be a better choice,” he asserts.

He adds that, should the Japanese standard be decided on right now, the research, development and regulations that must be adopted for ISDB-T will not be ready before 2013. “It will have a fundamental impact on the pace of local digital migration. Just the regulations that must be adopted and rewritten will take almost a year,” he notes.

Sentech will continue rolling out infrastructure for the DVB-T standard, as news has yet to be received of the standard changing. All the groundwork for upgrading the analogue infrastructure has been done, such as improving space requirements, electricity and civil works, and will continue until 2014, as set out in the government plan.

However, Toko explains that more time is needed to achieve analogue switch-off before the November 2011 deadline, as a result of factors such the late publication of the Terrestrial Broadcasting Frequency Plan and the DTT Migration Regulations by the regulator. “Sentech could not fully roll out its infrastructure plans and order frequency-dependent infrastructure until it knew what the frequency plan stipulated,” he asserts.

Time is an important factor. Bresler explains that it will be challenging to produce, distri-bute and sell 10-million set-top boxes once the relevant research and development has been done in time for the 2015 cutoff date. “If ISDB-T is chosen as standard, a new deadline will have to be negotiated with the ITU,” he says.

However, the biggest challenge remains the consumer. “Even if we manufacture 10-million sets in time, 10-million households must be allowed enough time to buy them,” Bresler remarks.

Repeated attempts to get an update on the situation from the DoC were unsuccessful.

Edited by: Martin Zhuwakinyu

Click here to view story on Engineering News page

Monday, July 12, 2010

SASFED Press Release - SA broadcasters independence further threatened by new ICASA amendment bill.


PDF Version here.


Press Release
SA broadcasters independence further threatened by new ICASA amendment bill.
12 July 2010

The South African Screen Federation (SASFED) represents South Africa’s leading independent film, television and audiovisual content industry organisations, and was constituted in March 2006.

Its current full membership includes:
Documentary Filmmakers Association (DFA)
Independent Producers’ Organisation (IPO)
Personal Managers Association (PMA)
South African Guild of Actors (SAGA)
South African Guild of Editors (SAGE)
The Official South African Casting Association (OSCA SA)
Women in Film and Television, SA (WIFTSA)
Women of the Sun (WOS)
Writers Guild of South Africa (WGSA)

And via these organisations, it represents the collective interests of a substantial industry and several thousand people.

SASFED is the official country representative to FEPACI, the Pan-African Federation of Filmmakers and is formally affiliated to SOS: The Support Public Broadcasting Coalition and, the TVIEC - Television Industry Emergency Coalition.

SASFED supports the press release issued by SOS: Support Public Broadcasting Coalition on the 5th of July 2010 entitled:

ICASA INDEPENDENCE UNDERMINED BY NEW ICASA AMENDMENT BILL

SASFED is resolute that our industry and society as a whole requires an uncompromisingly independent, accountable and well-run broadcast set up.

The Independent Communications Authority of South Africa (ICASA) carries the vital role to ensure this.

ICASA is the regulator for the South African communications, broadcasting and postal services sector. ICASA was established by an Act of statute the Independent Communications Authority of South Africa Act of 2000, as Amended.

ICASA’s mandate is spelled out in the Electronic Communications Act, for the licensing and regulation of electronic communications and broadcasting services, and by the Postal Services Act for the regulation of the postal sector.

Enabling legislation also empowers ICASA to monitor licensee compliance with license terms and conditions, develop regulations, plan and manage the radio frequency spectrum as well as protect consumers of these services and products provided.

However there have been flaws identified in the very Act that founded ICASA, which has become more apparent in the infective workings of ICASA in recent years. ICASA has effectively struggled with it’s own power, and clarity on its independence which, despite it being spelt out in the act which formed it, is now under threat more than ever.

The recent Independent Communications Authority of South Africa Amendment Bill, 2010, currently under public review and published on the 25th of June by the Minister of Communications, would seem to be an attempt by the Minister to fix the problems long ailing ICASA, including its effectiveness. SASFED is on record about its concerns regarding the monitoring and enforcement capacities of the independent regulator.

SASFED is however deeply concerned by provisions of the bill that would undermine the independence of ICASA.

The ICASA Act of 2000 states: “The Authority is Independent, and subject only to the Constitution and the law, and must be impartial and must perform its functions without fear, favour or prejudice”.

Among other things this is essential to ensuring broadcasters offer requisite local content and independent programming. A bold and effective independent regulator is necessary to offset power imbalances in the broadcast environment.

Against the background of repeated political interference in the affairs of the public broadcaster, certain provisions of the bill are ominous for this role by ICASA. Many clauses in the new bill relate to a set of proposed new powers for the Minister of Communications, effectively undermining ICASA’s independence and changing its structure so that the Council and Chair of Council effectively report to the Minister.

The Bill even removes the CEO from ICASA and replaces him / her with a COO. Previously, the CEO, as is the case with all constitutional bodies, was ICASA’s accounting officer. Now ICASA will no longer have its own accounting officer. The DG of the Department of Communications will play this role.

The Bill also states that ICASA must implement policy and policy directives issued by the Minister, that the Chairperson of Council must "perform such functions as the Minister may determine, subject to prior notification being given to Parliament" and even that the Minister will determine what roles councillors play on Council.

The evaluation of councillors will be conducted by a panel constituted by the Minister in consultation with Parliament. The panel must be chaired by the Minster or someone delegated by the Minister.

The Minister in consultation with Parliament will even nominate the Complaints and Compliance Committee members; responsible for ensuring the broadcasters comply with regulations.

It would appear ICASA would be encouraged to operate as an extension of the Department of Communications, which is totally at odds with South Africa’s Constitution and the country’s international obligations in terms of various international agreements (such as the Windhoek Charter on Broadcasting in Africa, 2001 and the African Commission on Human and People’s rights, 2002) and best practices (such as the African Commission on Human and People’s Rights).

SASFED supports the view that the various Acts under which the broadcast sector currently operates are fragmented, confusing and often outdated and contradictory. The only way to resolve this is to undergo a full review and public process where the Department devise a White Paper and then move to the drafting of comprehensive, coherent legislation – both in terms of the Public Service Broadcasting Bill and in terms of this new ICASA Amendment Bill.

SASFED would also like to see a simultaneous review of the Copyright Act as part of this process. SASFED is alarmed by the amount of uncoordinated new bills currently being published by various government departments directly affecting the production industry and which are being “pushed” without thorough consultation with the public or relevant role-players most affected.

SASFED is disappointed that once again the Department, despite introducing very substantive legislative amendments that shift the very nature of independent regulation and broadcasting in the country, has given stakeholders a mere 30 days to comment.

SASFED urgently requests that the Department organise a number of provincial consultation sessions with stakeholders and shift the deadline for comment to the very earliest the end of August 2010 to ensure substantive, meaningful inputs.

SASFED also supports SOS’s call that the Department of Communications releases its research behind the Public Service Broadcasting Bill that also motivated this Bill.


Issued by SASFED Executive 12 July 2010

Media Contact: Marc Schwinges – 011-483-8801
info@sasfed.org

Friday, July 9, 2010

S.O.S. - Support Public Broadcasting Web Site

S.O.S. - Support Public Broadcasting has just launched their web site, a great reference for all sorts of information. Check it out at http://www.supportpublicbroadcasting.co.za/

South African Actors & Model Rates / Guides

The latest rates as well as template agreements for Actors and Voice Over work can be found at http://www.thepma.co.za/Home/Docs/.

Thursday, July 8, 2010

DFA Members Directory 2009/10 year.

Our member org the DFA is proud to present its 66 page DFA Members Directory for 2009/10.

You can download a PDF of the directory here (3.5MB), which includes contact details and profiles for their members.

It's quite a significant directory and well worth downloading.

Tuesday, July 6, 2010

SOS: Support Public Broadcasting Coalition, Previously Save Our SABC Campaign

ICASA INDEPENDENCE UNDERMINED BY NEW ICASA AMENDMENT BILL

5 JULY 2010

The SOS Campaign representing a number of trade unions (including Cosatu, Fedusa and Bemawu), a host of NGOs (including Media Monitoring Africa, the Freedom of Expression Institute and Misa-SA), CBOs (including the Freedom of Expression Network), industry related bodies, academics and freedom of expression activists notes the vigour and commitment of the Department of Communications to find solutions to regulatory problems in the communications sector. However, SOS notes that - after a preliminary examination of the ICASA Amendment Bill - there are a number of problems in terms of its constitutionality. Further, there are a number of important process issues that are of major concern.

In terms of Constitutionality issues the Coalition notes that although the Bill includes proposals to ensure ICASA operates more efficiently which certainly should be welcomed, the Bill also includes a number of new clauses that could be constitutionally challenged. These clauses in particular relate to a set of proposed new powers for the Minister of Communications. These new powers include:
  • Removing the position of CEO of ICASA as accounting officer of the Authority and creating a new Chief Operating Officer (COO) position. In terms of the Public Finance Management Act, ICASA as a constitutional body used to report directly to Parliament through its CEO. It will now have to report through the Minister and Department.
  • ICASA must implement policy and policy directives issued by the Minister.
  • The Chairperson of Council must "perform such functions as the Minister may determine, subject to prior notification being given to Parliament".
  • The Minister will determine what roles councillors play on Council.
  • The evaluation of councillors will be conducted by a panel constituted by the Minister in consultation with Parliament. The panel must be chaired by the Minster or someone delegated by the Minister.
  • The Complaints and Compliance Committee members will be nominated by the Minister in consultation with Parliament.
Potentially this creates a situation where ICASA will be encouraged to operate as an extension of the Department of Communications. But this is totally at odds with South Africa’s Constitution and the country’s international obligations in terms of agreements such as the Windhoek Charter on Broadcasting in Africa, 2001 and the African Commission on Human and People’s rights, 2002. Also, these amendments are out of sync with internationally recognised best practice as regards broadcasting regulation. For instance the African Commission on Human and People’s Rights when dealing with regulatory bodies for broadcasting and telecommunications states that broadcasting and telecommunications must be regulated by a public authority “which is independent and protected against interference, particularly of a political or economic nature”.

Further to these constitutionality concerns, SOS notes once again the critical importance of the Department embarking on a substantive policy review process first before introducing new broadcasting and telecommunications legislation. This is an argument we raised very strongly previously in our comments on the Public Service Broadcasting Bill, 2009.

We noted at that point, as we are noting once again, that the present policy in place i.e. the Broadcasting White Paper, 1998 is more than a decade out of date and riddled with gaps and contradictions. Further, in the years since it was drafted the broadcasting and telecommunications sector has experienced paradigm-shattering technological changes. It is thus imperative that the Department revise the White Paper first and then move to the drafting of comprehensive, coherent legislation – both in terms of the Public Service Broadcasting Bill and in terms of this new ICASA Amendment Bill.
Finally, SOS notes that once again the Department, despite introducing very substantive legislative amendments that shift the very nature of independent regulation and broadcasting in the country, has given stakeholders a mere 30 days to comment. The Bill was published on 25 June and the deadline for written submissions has been set for 25 July.

This time period is wholly inadequate and will in particular impact the effective participation of poorer, more marginalised civil society stakeholders. The Coalition thus urgently requests that the Department organise a number of provincial consultation sessions with stakeholders and shift the deadline for comment to the very earliest the end of August 2010 to ensure substantive, meaningful inputs.

Also, SOS once again requests, in terms of the Public Service Broadcasting Bill that the Department of Communications releases its research and motivations. This lack of information is severely hampering all stakeholders’ ability to meaningfully comment.

For more information please contact:

Kate Skinner – SOS Coordinator - 082-926-6404
William Bird – Executive Director Media Monitoring Africa – 082-887-1370
Patrick Craven – Spokesperson for Cosatu – 082-821-7456
Matankana Mothapo – Spokesperson Communications Workers Union – 082-759-0900

Thursday, July 1, 2010

From Screen Africa: Retain Icasa's independence

Angela van Schalkwyk, Editor, ScreenAfrica, 1 July 2010

While there are many worthwhile changes in the Independent Communications Authority of South Africa's (Icasa) Amendment Bill that has just been gazetted, the Bill also seeks to give the Minister of Communications more power to interfere.

The good parts of the amendments are the clauses which ensure that Icasa operates more efficiently. For instance, a finding in an inquiry must be made within 90 days and not 180 days as stipulated previously. Turnaround times for the Complaints and Compliance Committee are also to be improved. The Committee must commence a hearing within 45 days from the date the complaint is lodged and make a finding within 60 days from the date the complaint is lodged and not 90 days as before.

But also to be found amongst all the legalise of amendments to the Act, is the introduction of new powers for the Minister. These relate to the following: Icasa must implement policy and policy directives as issued by the Minister; the Minister "must when appointing the chairperson and councillors" assign their primary responsibilities; the chairperson and council must "perform such functions as the Minister may determine, subject to prior notification being given to Parliament"; the evaluation of councillors "must be conducted by the Minister, in consultation with the National Assembly" and the Complaints and Compliance Committee members are to be nominated by the Minister in consultation with Parliament.

The Minister is a member the ruling political party and in this capacity cannot be independent of the interests or agendas of the government. Icasa is an important regulatory body with powers to determine how the media should operate. If Icasa is subject to interference by the Minister, then it will bring into question its ability to act independently in matters of public interest. Broadcasters in many African countries are dictated to by their governments and consequently freedom of expression is undermined and new opportunities for establishing media business is stifled.

The danger is not that ICASA is incapable of making the right decisions; the danger is that political interference will compromise its integrity and independence.

Stephen Mncube the new ICASA chairman

Staff Writer MyBroadband | 30 June, 2010

ICASA Chairperson Paris Mashile’s replacement named by Communications Minister Siphiwe Nyanda

Communications Minister Siphiwe Nyanda today announced that Stephen Mncube will be the new Independent Communications Authority of South Africa (ICASA) Chairman, taking over from Paris Mashile whose term expired today.

Techcentral reported that Nyanda made the announcement at Mashile’s “Chairman Farewell” function held at the Sandton Sun.

According to Bloomberg Dr Stephen Sipho Mncube served as a Manager in the Development Information Business Unit at the Development Bank of Southern Africa. Mncube further served as Chairman of Sentech and as a non executive director of Arivia.Kom.

Mncube also spent some time in the U.S.A. where he took up various senior research and management positions at universities, public schools, corporations and institutes, at UNICEF, and at the US Environmental Protection Agency.

Mncube holds a PhD in Adult Education from Syracuse University.