80
S.C. 128\02
“The requirement indicating sources of funding is essential …
The
Broadcasting Authority, in assessing the suitability of a client, must be
convinced on the financial position and stability of an applicant. It must also
be able to ascertain the genuineness and authenticity of the financial statement
given to it. If the source and manner of funding is not stated, how will the
authority be able to ascertain this?
The financial stability of an applicant is absolutely essential to enable the First
Respondent to ensure that the licences are not given to persons who cannot
possibly commence operations in terms of their licences, and therefore seek to
obtain a licence for speculative and profit-making purposes. The provision is
meant to ensure stability and continuity of broadcasting services.
This
provision also assists the First Respondent in ensuring that the other
provisions of the Act have been complied with. For example, provisions
relating to cross-ownership … This ensures transparency in the process, and
ensures that the public can readily ascertain whether the persons who have a
direct interest in the allocation of licences … secretly and corruptly try and
benefit from the process.”
Thus, the main objectives given by the second respondent for the
restrictive provision in s 12(1)(f) are: (1) to assist the Broadcasting Authority (“the
Authority”) in assessing the suitability, financial position and stability of an applicant
for a licence;
(2) to assist the Authority in ascertaining the genuineness and
authenticity of the financial statement given to it by an applicant; (3) to ensure that
licences are not issued to persons for speculative and profit-making purposes; (4) to
ensure the stability and continuity of broadcasting services; (5) to assist the Authority
in ensuring that the other provisions of the Act, such as those relating to crossownership, have been complied with; and (6) to ensure transparency in that the public
can readily ascertain whether the persons who have a direct interest in the allocation
of licences secretly and corruptly try to benefit from the process.
Select target paragraph3
Add to table of contents