Local-content rules will help the industry, writes IBA chair Peter de Klerk in a response to the M&G
THE new local-content rules for television are designed to build a South African TV-programme-making industry —so that South Africans can see and hear themselves on our TV screens, and to create jobs in a key industry of the 21st century. The Independent Broadcasting Authority thinks they will.
The IBA’s report directly addresses the M&G’s concern (editorial, September 1 to 7 1995) to avoid the possibility that “the broadcaster can do the cheapest and nastiest local programming locally, and save their expenditure for international material”.
The local-content rules address this by opting for quality, not just quantity. In setting these rules, the IBA adopted principles that have worked successfully in Britain and elsewhere.
It is done first by setting a minimum of 30 percent on all television channels between 5am and 11pm. The public broadcaster’s overall quota will be 50 percent with the same minimum of 30 percent on any one channel. This is to ensure that it does not exploit one channel in unfair competition with private stations.
The IBA will measure only the 18 hours between 5am and 11pm, so broadcasters will not be able to fulfil their quotas in the middle of the night when no one is watching.
Some of the quotas set by the IBA will seem lower than were requested by South African producers. Some wanted 60 percent quotas across the board. The SABC suggested that it do 60 percent but that was not based on an 18-hour day. The IBA set 50 percent of an 18-hour day.
Several regulatory principles were used to focus broadcasters on programme range and quality rather than just quantity.
First, the IBA decided that the quotas will apply in prime time as well as off-peak. This means that all broadcasters, including M-Net in its open time, will compete with one another to provide the best local programming for at least 30 percent of the time. It is reasonable to assume they will want to put the money necessary into this programming because they will be competing for significant advertising revenue.
Second, the IBA has set quotas for specific programme categories. Drama, documentary, current affairs, children’s and education are all of public interest. Local programmes in these genres are very popular and highly appreciated. But broadcasters tend not to make them because they are more expensive than foreign ones. The IBA has set targets for each of these categories.
In determining quotas for the individual categories, costs were taken into account. 9,2 percent of the drama that the SABC currently airs is local content. The IBA is requiring that this rise to 20 percent. Private stations will be expected to achieve 15 percent in the drama category. Drama is one of the most expensive categories of programming and we are keen to see it rise so that a range of South African languages, cultures and life experiences can be represented and so the local production industry can really be boosted.
In educational broadcasting, the SABC currently says it does 100 percent locally. There was some dispute about that figure. The IBA decided to ask for 60 percent in future. We would rather see slightly less locally produced educational programming but see a real improvement in the quality of that programming. Besides, there is a lot of high quality foreign educational programming from which South Africans could benefit.
Independent production quotas will encourage diversity. They will create opportunities for people to enter the industry and to get their voices heard. Contrary to some reports, these quotas will also be set by programme category and represent a significant rise in the amount of independent production that is being commissioned now.
The IBA’s change in the SABC definition of an independent producer will also have the effect of increasing the amount of independent production. The IBA will require that 40 percent of all local content must be commissioned to producers who are entirely independent of the broadcasters.
The IBA considered how to ensure that people from historically disadvantaged backgrounds come into the field. Legal advice indicated that compelling such a quota would be a problem. For that reason, the language used was “encourage”.
The report has outlined numerous mechanisms for avoiding cheap and nasty “quota quickies” and for ensuring diversity in programming. If these don’t work, the broadcasters know the IBA has the option to review the system and add more regulations. We think the broadcasters realise it’s in their best interests to do it right the first time, to keep the regulator from a return bout.
Evidence before the inquiry was that local programming is more popular. It was also clearly the best protection for local television against encroaching satellite and other broadcasters. Evidence was also that they need some pressure from the regulator because the costs are immediate, the rewards take longer.
This is an opportunity for broadcasters and producers. Let the programme-making begin.