The Independent Communications Authority of South Africa (Icasa) has amended its regulations governing political broadcasts and advertising during municipal elections, refining the rules on airtime allocation, content standards and broadcaster obligations.
The changes update the 2011 framework to include independent candidates alongside political parties, aligning the regulations with post-2019 electoral reforms. The amendments also raise the compliance bar for political parties and broadcasters, as they are expected to face intensified competition for visibility.
The gazette includes a detailed “Reasons and Positions Document” summarising stakeholder submissions from organisations such as the SABC, DA, MultiChoice, Media Monitoring Africa and eMedia. The document explains Icasa’s rationale for each decision.
The SABC had warned before the regulations were published that requiring its commercial platforms to air free political election broadcasts could erode advertising revenue, highlighting the financial strain of extending public service obligations into its commercial operations.
The updated framework places particular scrutiny on the SABC, which is expected to shoulder a big share of election broadcasts.
“The authority is of the view that the SABC, as a public broadcaster, has a constitutional mandate to provide equitable coverage during elections … While the authority notes the concerns regarding potential revenue implications, these do not outweigh the public interest requirement,” Icasa said in response to the SABC’s concerns.
Legal responsibility
The amendments reinforce the notion that political parties and independent candidates — not broadcasters — bear legal responsibility for content in political election broadcasts.
That effectively shields broadcasters from being sued, provided they follow procedural rules, a big protection in a highly contested election environment.
Media houses are also likely to welcome the greater protection offered against litigation during what is expected to be a heated campaign.
By making previously advisory provisions enforceable, Icasa is reducing legal ambiguity and limiting the scope for disputes, while also attempting to curb the advantages enjoyed by better-resourced parties.
The regulations, which were published in a gazette earlier in April, are likely to shape how campaigns are communicated to voters, particularly on big platforms, and could influence the balance of exposure during the election period.
The date for the 2026 local government elections is yet to be announced by the minister of co-operative governance & traditional affairs, Velenkosini Hlabisa. Voter registration is scheduled for June 20 and 21.
Icasa has further made a firm distinction between political advertisements, which are paid for, and political election broadcasts, which are allocated free of charge.
Fair exposure
The regulations prohibit the same content from being used across both formats, a measure that aims to prevent duplication that could give wealthier parties disproportionate exposure and ensure the broadcasts maintain a level playing field for all parties.
The amendments reiterate obligations on broadcasters to ensure equitable treatment of all politicians, including opportunities to respond to criticism and to avoid preferential coverage. While these principles aren’t new, their emphasis reflects persistent concerns about incumbency advantage, particularly in public broadcasting.
Operationally, the framework imposes tighter administrative demands. Broadcasters must provide written reasons for rejecting political content within 24 hours, while parties have 48 hours to revise and resubmit material. The compressed timelines are designed to keep the system moving during the campaign period, though they may increase pressure on broadcasters and political organisations, raising the likelihood of disputes.
The regulations also exclude low-power and certain community broadcasters from carrying political advertising and election broadcasts. That could limit access for small parties seeking to reach local audiences and may concentrate campaign messaging on large, national platforms.
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