Draft regulations on code of conduct
The Independent Communications Authority of South Africa (Icasa) has recently published draft regulations on a code of conduct for the broadcasting and telecommunications sectors to address the needs of people with disabilities.
One of Icasa’s tasks in terms of the Electronic Communications Act, which deals with consumer issues, is to prescribe regulations setting out a code on people with disabilities that will be applicable to all categories of licences.
Initiatives to address the needs of people with disabilities are not new to the broadcasting and telecommunications sectors.
Icasa started a consultation process in November 2003 to put in place appropriate measures for implementation by the broadcasting and telecommunications sectors.
In March 2006, the regulator published industry codes of good practice for these sectors, and the key operators became signatories to the codes.
The industry codes provided the two sectors with a framework for self-regulation. They provided guidelines on the approach these sectors should take in addressing the needs of people with disabilities.
They are founded on principles of diversity, access, disability awareness, sensitivity training, information dissemination and consultation, technological developments, audience research, and, as regards broadcasting, the portrayal of people with disabilities in programming.
Proposals of draft regulations
The approach and principles of the industry codes are mirrored to a large extent in the draft regulations published by Icasa on June 14 this year.
Some of the proposed initiatives in the draft regulations are:
- Employment equity and human resources development: The draft regulations prescribe factors to be considered when involving people with disabilities, such as trainee schemes, preferential procurement, and engaging with other industry players to explore ways of promoting training for people with disabilities.
- Improving accessibility: Broadcasters must investigate how technologies can make programming more accessible for people with disabilities (e.g. sub-titles for hearing impaired audiences). Examples of initiatives for the telecommunications sector include text telephones, quick dial access to emergency services, operator assistance and directory inquiries.
- The installation of public payphones which cater for use by people with disabilities – e.g. for people using hearing aids or in wheelchairs.
- The provision of specialised equipment such as big-button phones for visually impaired people, and telephones with extra loud ringers for hearing impaired people.
- Landline SMS equipment to assist hearing impaired people.
- Education and training for staff to develop an understanding of the need to be inclusive of people with disabilities.
- Proactive efforts for broadcasters to engage people with disabilities in programming.
- Establishing links with local disability organisations.
The way forward
Following the publication of the draft regulations, Icasa held workshops on the draft regulations in East London, Bloemfontein, Polokwane and Durban. Icasa also held public hearings from August 22 to 24, at which presentations were made by broadcasters, telecommunications operators, and organisations and individuals representing people with disabilities, such as Disabled People South Africa.
The consultation process was completed at the end of August, and Icasa is expected to finalise and publish the draft regulations soon.
Wendy Rahamim is a director at Werksmans Attorneys.