Think of the 2009 Regulations on the Commissioning of Independently Produced South African Programming as our industry’s foundational script. Issued by ICASA, these rules were designed to boost local content and ensure that a healthy chunk of our programming comes from independent producers… that’s you! The idea was to cultivate a vibrant, homegrown industry, not just let big broadcasters call all the shots.

The Plot Thickens: 2020 Reports Reveal Unfinished Business

Fast forward to 2020, and two key reports, funded by the NFVF (National Film and Video Foundation), took a closer look at how that “script” was actually playing out:

• Local Content Requirements Report: This report basically said, “Great script, but the execution needs work!” It found that many of the issues from a decade prior were still unresolved, especially concerning how local content quotas were being met (or not). The call was clear: better enforcement and more transparency in reporting were desperately needed.
•  Independent Production Requirements Report: This one zoomed in on the nitty-gritty for independent producers, scrutinizing everything from regulatory compliance to the terms of trade offered by broadcasters. The verdict? Still a challenging landscape, with many producers grappling with unfair contracts and limited power in negotiations.
  These reports confirmed what many of us already knew: the existing rules, while well-intentioned, weren’t quite delivering on their promise. They weren’t fully removing the barriers to entry, ensuring consistent employment, or providing the fairer remuneration we all deserve. On a positive note, there were proposed reporting formats developed aiming to bring more clarity and accountability to how broadcasters report on local content and independent commissions, which is a step towards the transparency we champion.

• The “Who to Talk To” Mystery: SASFED highlighted how hard it is to access commissioning protocols and even find out who to talk to! This directly impacts your ability to pitch and land those crucial jobs.
• The Fix?: They’re pushing for a central, public online portal for all commissioning info and a National
• Commissioning Contact Register. Imagine – no more submitting into a void!
• Unfair Deals and “Rights Grabs”: Ever felt like you’re signing away your soul (and your IP)? SASFED called out the unilateral contracts, the demands for full IP assignment without fair compensation, and the dreaded payment delays. This hits directly at our mission for better pay and protecting your financial interests.
• The Fix?: Binding Terms of Trade with fair minimum fees, inflation-based adjustments, proper rights sharing, and a solid dispute resolution mechanism are on the table.
• Concept Theft and Ethical Blind Spots: The dark side of our industry—allegations of concept theft—is growing, especially with global streaming platforms. Plus, there’s a serious lack of accountability from broadcasters for fair practices down the value chain (that’s us, the crew!).
• The Fix?: SASFED wants mandated, documented commissioning workflows to prevent misuse of your ideas, a formal redress mechanism for disputes, and mandatory fairness audits for procurement. They’re also demanding that broadcasters be held accountable for fair payments to everyone involved in a production.
• Opening Doors for New Voices: The path for emerging and historically disadvantaged producers is still rocky.
• The Fix?: Recommendations include allocating a percentage of commissioning budgets specifically to new companies, coupled with vital mentorship and capacity-building programs. This is about nurturing the next generation of Media Change Agents!
• Bringing Streamers into the Fold: A huge game-changer! Currently, many digital and streaming platforms operate outside of local content quotas and independent commissioning requirements. This creates an uneven playing field and limits opportunities for South African creatives.
• The Fix?: SASFED insists these platforms must be explicitly included in ICASA’s regulatory framework, ensuring they contribute to local content and transformation goals. More platforms, more opportunities, more accountability!