August 2006

THREAT TO RELIGIOUS FREEDOM ON RADIO

A legal precedent has been set in the latest Good News Community Radio court case requiring "community of interest" media to adhere to racial quotas defined in geographic terms of both people and language.

After losing their High Court battle, award-winning KZN community radio station, Good News Community Radio, was ordered by ICASA to shut down on 30 June 2006.

This precedent will, in the long run, adversely affect all Christian media, effectively threatening the religious freedom of all Christian radio stations. Furthermore, if the High Court decision, which ruled in favour of ICASA, remains uncontested, it may, in future, be used to challenge and/or reject existing or new applications for community broadcasting licences.

Another ICASA position paper states that where two or more applicants are competing for a single frequency, a geographical applicant will be favoured above a community of interest applicant. As Christian radio applicants are invariably community of interest applicants, Christian applicants will always be disadvantaged, if not eventually eradicated.

Eight years down the line since the Broadcasting Act, nine other Christian radio stations have either been refused a 4-year licence renewel or have been involved in litigation against ICASA: Radio Adullam, West Rand Stereo, Radio Pulpit, KNI Radio, Radio 7, Impact FM, Radio Ripple, Link FM, and Radio Kingfisher.

Listeners of Good News Community Radio (GNCR) are up in arms after the Independent Communications Authority of South Africa served a notice of termination, forcing the popular station to cease broadcasting by midnight on 30 June. Balan Moodley of the Concerned Listeners Committee said they will fight this battle through lawful means. “We will continue to rally our people and to demonstrate through various methods our outrage at ICASA’s unfair policies and regulations, especially, as far as our freedom of religion and expression is concerned.”

In the meanwhile, ICASA has reneged on an agreement they signed at a rally attended by thousands of GNCR supporters, to convene a meeting amongst key communications role-players to find a constructive way forward. The Authority has responded to the agreement by pre-empting the outcome stating that certain issues are non-negotiable. This was not the spirit in which the agreement was signed. ICASA’s attitude shows a complete disregard for the concerns of ordinary people whom they are supposed to serve and whose taxes keep them employed. They come across as a law unto themselves.

The station’s Projects Co-ordinator, says there are solid grounds to appeal. He says ICASA refused GNCR a licence because, according to the Authority, “the station’s language policy is not reflective of its target audience and will marginalise the majority of the community it intends serving.” This, according to Naidoo, is hogwash. He says reliable, scientific research shows that above 92% of people living in the Durban metropolitan area, across population groups, understand English. English is therefore the most inclusive broadcast medium in this area. If GNCR had to broadcast predominantly in isiZulu (as would Izwi Lomzansi, the station to whom the licence has been awarded) it would effectively cut-off thousands of listeners that do not understand isiZulu and want to listen to a station of their choice. Furthermore, 64% of community radio stations in KZN broadcast only in isiZulu. A further 28% broadcast partly in isiZulu. Where is the diversity?

Section 2 of the IBA Act requires the provision of a ”diverse range of sound and television broadcasting services on a national, regional and local level which, when viewed collectively, cater for all language and cultural groups and provide entertainment, education and information.” When one looks at the statistics it is evident that isiZulu is overreached. It is clear that the Authority is not fulfilling the requirements of its own policies and truly providing diversity.

ICASA’s policies also require that the board of a community station be racially reflective of the community served. At the same time, it requires the board to be democratically elected. How does one reconcile these conflicting requirements? Naidoo says it seems that according to ICASA, you don’t need an answer. You simply impose these draconian policies because most community stations are too poor to fight back.

Naidoo went on to state emphatically that the legal battle facing GNCR is not a localised issue and that a legal precedent has been set by the courts requiring racial mirroring of the boards and language policy of community media. This precedent can be used by the courts to the detriment of other democratically elected community media in South Africa. It is therefore imperative for our democracy that this court decision be challenged and overturned.

GNCR has applied for a Supreme Court Appeal and is waiting for acceptance of their leave to appeal. Advocate Kemp J Kemp believes GNCR’s High Court ruling was unfair and is willing to represent them. GNCR plans to apply for a Special Event licence (temporary one month licence) in order for them to broadcast their award-winning “Exam Buzz” programme on another KZN frequency in October.

Take Action:
Contact your local Christian Radio Station and urge them to take notice of this precedent and threat and mobilise their listeners to take action in support of religious freedom for all Christian radio stations.

You can help keep the fight alive by contributing towards legal fees in the following account, indicating ”legal fees”: Good News Community Radio, Standard Bank, Durban North, Cheque Account Number: 251 208 796, branch code: 042826.

Please do mobilise your congregation and prayer fellowship to intercede for this dynamic Christian community radio station. To learn more about their ministry visit: www.gncr.org.za To communicate your support for them write to: gncr@telkomsa.net or P.O. Box 33, Canelands, 4344, KwaZulu-Natal (tel: (032) 533-3003, fax: (032) 533-3802).

Taryn Hodgson is the National Co-ordinator of Africa Christian Action.