The Independent Communications Authority found that the SABC’s refusal to air the DA’s burning flag political advertisement had no legal basis. Icasa recommended a fine of R500,000 for breaching regulations and directed the SABC to air the advert. The DA submitted the advert digitally depicting the South African flag burning and then unfurling with background narration for the DA.
The SABC requested the DA to alter the advert by removing the burning flag, and when the DA refused, the SABC declined to broadcast it. The DA brought an urgent complaint which questioned the SABC’s right to refuse airing a lawful political advertisement. The CCC stated no provision empowered SABC to reject airing the ad and found the SABC contravened the ECA by refusing to broadcast it without legal basis.
This judgment highlights the importance of upholding the law in broadcasting political advertisements, ensuring fair representation for all parties involved.
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