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6.3 Cracking the code: defining the national interest

6.3.1 Responsible broadcasting: meeting all the players’ needs

The idea of the national interest being an area of responsible broadcasting stems primarily from the submission made to ICASA by SARU. SARU highlighted the importance of finding a balance when selling rugby broadcasting rights. As briefly mentioned earlier, SARU suggests that there is a need to find a balance between maintaining their financial stability through the sale of broadcast rights to the highest bidder, usually a commercial broadcaster, and maximising the public’s access to the game of rugby (SARFU Submission to ICASA Sport Broadcasting Rights Inquiry, 2002). Amanda Armstrong, the head of the Media and Communications Law Department at Werkmans Attorneys, echoes these sentiments by suggesting that there is a need for sports bodies to find a balance between maximising the exposure of their sport and maximising potential income through the sale of broadcast rights (2008: 29 – 31). Broadcasting in the national interest can be construed as responsible broadcasting in that it takes all three spheres into consideration. Responsible broadcasting locates the position that ought to be taken and manifests the most appropriate means to ensure that the national interest is sustained or promoted. The concept of responsible broadcasting is closely linked to the literature discussed earlier in Chapter Two of the dissertation. Marshall’s sentiments of responsibility when acting in the national interest are echoed in this regard (1952: 90). It is imperative that the policies put in place by ICASA and other regulatory bodies meet the needs of the South African people. The way in which responsible broadcasting can be achieved in outlined in the following passage.

The notion of responsible broadcasting will be further explained using a triangular diagram. The diagram represents the relationship between each of the three spheres (public, sport and broadcasting) and how the national interest can be achieved. Test match rugby played in South Africa and involving the Springboks will be utilised to exemplify the triangular nature of responsible broadcasting. SARU supported the ICASA process but believes that it is possible for sporting bodies to self-regulate the sale of their broadcast rights (SARFU Submission to ICASA Sport Broadcasting Rights Inquiry, 2002). SARU’s stance on self-regulation helps one understand the nature of responsible broadcasting. The players that are involved when exploring the concept of responsible broadcasting are the same three used

131 when identifying the national interest – public, sport and broadcaster. For sports broadcasting to be seen as responsible each sphere needs to play a role in upholding the position of the other two. The act of upholding the other players is not necessarily a conscious effort but rather a result of acting in the national interest.

Figure Seven: Meeting all the players’ needs

The above diagram exemplifies the relationship between the three players required for broadcasting to be deemed responsible. The nature of the triangular relationship depends on the point-of-view from which the diagram is viewed. When examined from the perspective of the sports body, this is made clear. The sports body (union) needs to uphold or meet the needs of the public and the broadcasters. This coincides with the statement made by SARU about meeting the ideal balance and self-regulating the sale of their broadcast rights (SARFU Submission to ICASA Sport Broadcasting Rights Inquiry, 2002). When a Test match involving the Springboks is played in South Africa, and is therefore required by the 2003 ICASA Sports Broadcasting Regulations to be made available on a free-to-air broadcaster, the sports body (SARU) meets the needs of the public and the broadcasters. The public’s needs are met in a relatively straightforward manner. The public is given access to a cultural and socially relevant pastime via the medium of television. The benefits of televised rugby in efforts of nation-building shall be examined in Chapter Eight of the dissertation. Viewers are afforded the opportunity to watch the Springboks play without having to be at the actual venue. Rugby upholds the interests of the broadcasters in that the sport attracts viewers to their channels. Higher audience ratings, when looked at in the light of the discussed theory, suggests an interest by advertisers eager to gain access to an already assembled market.

Advertisers pay large sums of money to purchase advertising slots in and around the Test match. Such sales generate money for the broadcasters. M-Net is not disadvantaged in that it

132 can still purchase exclusive rights to the Test match and broadcast the game live and in full on its many channels. Due to the fact that the Test match is a listed event SuperSport must sub-licence the rights to the SABC who will then broadcast the match in full, either delayed live or delayed on SABC2. Both the primary broadcasters of rugby in South Africa are put in a position to benefit from the event.

Viewing the relationship from the point-of-view of the broadcasters sees the sports bodies themselves and the public being upheld. The broadcasters are responsible for the exposure given to sporting bodies, teams and events. Rugby, for example, is given much needed exposure to interested parties via television. This exposure keeps spectators interested in the sport and helps develop the game. Younger members of society and people experiencing rugby for the first time may want to take up the sport themselves or become passionate supporters. This helps sustain sporting bodies and codes. The exposure given to sports on television is a good way of securing future sponsorship deals. Broadcasters act responsibly towards the public due to the fact that viewers are given the same level of access to national events. All South Africans with access to televisions are provided with the opportunity to engage with Test match rugby when broadcasting in the national interest.

There are no divisions amongst the audience members which may, under different circumstances, lead to some people being marginalised and unable to engage with the text.

Finally, the public is given a certain degree of responsibility as well which should not go unnoticed. The public acts favourably towards broadcasters primarily in a financial manner. Both encrypted commercial and free-to-air broadcasters are able to ‘sell’ the commodity audience to advertisers and in turn generate money for themselves. In addition, many audience members purchase subscriptions to commercial television as a result of the sports on offer. This is supported by the submission made by M-Net to ICASA (M-Net Submission to ICASA Sports Broadcasting Rights Inquiry, 2002). Audiences pay for the material that they watch whilst being ‘sold’ to advertisers at the same time. A large television audience can have many positive financial spin-offs for the broadcasters in question. The public too upholds the sporting bodies in a financial sense. A high level of public interest in an event allows sporting bodies to charge large sums of money for the broadcast rights. The money generated through the sale of broadcasting rights is often the primary source of

133 income for sporting bodies (ICASA Position Paper, 2003). Public interest is, therefore, vital to the financial sustainability of sporting bodies.

The importance of each of the three spheres in securing and maintaining public access to sporting content is stressed when analysed in terms of the theory discussed earlier in the dissertation. The theory related to the normative ideals of public service broadcasting is pertinent in this regard. The equal weighting given to each of the three spheres (sport, broadcasting and public) promotes the concept of responsible broadcasting and helps sustain the national interest in terms of South African sports broadcasting. Each sphere acts as a CPNV ensuring that the citizens of South Africa are not neglected in favour of financial return. I have coined the acronym CPNV which stands for ‘Custodian Promoting Normative Values’. Each CPNV helps ensure that the public has access to significant sporting events.

For a brief period, the majority of South African citizens are not sidelined by those stakeholders who actively try and promote their financial well-being through the accumulation of wealth. The CPNVs underline a commendable social responsibility ethos directed towards sports broadcasting where the needs of the country’s population are the priority. The normative ideals place the interests of the audience (South African citizens) ahead of financial return. The interests of the audience members become a secondary concern when CPNVs are not present or are afforded unequal weighting within sports broadcasting schedules. South African soccer experienced such a problem when the broadcast rights for the Premier Soccer League (PSL) were awarded to SuperSport; to the detriment of the league’s support base.