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By Norman Cloete 
10h ago
If you’re watching Netflix and DSTV on your phone, laptop, tablet, or good old TV box, the SABC might force you to pay for your TV license.
Experts say this may be the public broadcaster’s last resort to recoup lost television license revenue. And the law states that the SABC has the right to do just that.
Media Monitoring Africa Director William Bird said Multichoice has a presence in 50% of South African households and many of those subscribers do not have valid TV licenses.
“Definitely, Multichoice has the infrastructure. They can do it. As it stands, you could interpret that the SABC may require Netflix and Multichoice or another entity to help with the collection of TV license fees. Under current law, they can’t, but if the White Paper is adopted, it can happen, ”Bird said.
Netflix, an internationally owned entity, said through its spokesperson, Theo Nel: “Netflix currently has no comment on the story.”
Multichoice spokesperson Benedict Maaga said: “The TV License Regulations create a legal obligation for people who own a TV to pay a license fee for ownership, so you must present a valid TV license when purchasing one. This does not apply to the parties that provide streaming services, or to any other secondary device that works in conjunction with a television. We have taken note of recent media reports on comments on this issue and will respond in due course. “
Bird further added that between 12 and 15% of SABC’s revenue comes from television license payments, and while it is a legal requirement that each television owner pay their television license fees, this is not the case. .
“People have gotten away with it without paying. I suspect Netflix and Multichoice will collect on behalf of SABC or make a contribution to it. The question every South African should ask is how do we finance SABC? For decades, the SABC has not received sufficient funds, ”he said.
In September, the Department of Communications and Digital Technologies published a draft of the White Paper on Audio and Visual Content Services that paves the way for the SABC to “delegate the collection of payment of television license fees to other people.”
In a presentation to parliament’s portfolio committee this week, the SABC said it needed a series of key regulatory reforms to remain viable. In a presentation to parliament, Deputy Communications Minister Pinky Kekana said television licenses could be expanded to include other devices. And while there is still a long way to go, experts agree that this could be the only way the struggling public broadcaster can win the fight against television license defaulters. A TV license costs R265 per year.
Bird’s sentiments were echoed by Wits University Adjunct Professor of Journalism and Media Studies Franz Kruger, who said the SABC has been arguing for a while that it has an unfunded public mandate.
“The government contributes very little to the SABC, which is quite unusual. The BBC (in contrast) has been able to withstand the impact of Covid-19 because it is so well funded. The BBC is highly valued. The problem we have is that the SABC has to be viable, “he said.
Kruger said that while subscribers don’t necessarily have to prepare for the increases just yet, he agrees that “other people” in the Broadcasting Act could include Netflix and Multichoice.
“There have been many many things that have gone wrong at SABC, some of its own making and some not. Do we want a public station? It has the representation of language. Can we scan certain languages? Our Constitution requires that we have 11 official languages ”. Kruger said.
Paseka Maleka, spokesperson for ICASA, said: “Section 27 (7) of the Broadcasting Law gives SABC the discretionary power to delegate the collection of payment of television license fees to other persons.”
But Netflix and Multichoice attorney and subscriber Gary Trappler (Cape Town) said he does not believe Netflix or Multichoice are required to accept delegated responsibility.
“The Broadcasting Law may have the right to delegate, but no one is obliged to assume that responsibility. Delegation is a principle in which one entity possesses a certain power and wishes to assign that power to another entity. In contractual terms, a quid pro quo would be necessary, usually some form of financial arrangement. In my opinion, SABC cannot on its own accord (of its own accord) delegate the function of collecting television license fees to a third party unless that third party agrees to it, ”said Trappler.
Another underwriter, Vanessa Green-Thompson (JHB) said: “The SABC got into the mess that it is under the leadership of Hlaudi. They wasted the money and again ordinary citizens must cough. So there are 5 not from me. Subscribers pay enough for DSTV and Netflix. “
Malcolm Ally (JHB) said: “If you want to start a revolution in South Africa, you can go ahead, we already pay for data to use Netflix and we pay exorbitant subscriptions for DSTV.”
SABC spokesperson Mmoni Seapolelo confirmed that two million television licenses have been paid for.
“It should be noted that the public broadcaster’s reference to” other persons “applies to any provider or third party that SABC deems necessary to collect license fees. This includes other parties outside the SABC, ie , debt collection agencies, retailers, inspectors, etc., “she said.
The corporation will publish its Annual Report in the coming months, in which the latest figures and information related to the TV license will be released. SABC said it will continue to participate in a variety of possible solutions to help increase the collection of TV license fees.
“Our Constitution requires that we have 11 official languages,” Kruger said. Paseka Maleka, spokesperson for the Independent Communications Authority of SA (Icasa), said: “Section 27 (7) of the Broadcasting Law grants SABC the discretionary power to delegate the collection of the payment of television license fees. to other people”.
But Netflix and MultiChoice attorney and subscriber Gary Trappler said he doesn’t think Netflix or MultiChoice are required to accept delegated responsibility.
“The Broadcasting Law may have the right to delegate, but no one is obliged to assume that responsibility. Delegation is a principle in which one entity possesses a certain power and wishes to assign that power to another entity.
“Contractually speaking, there should be a quid pro quo, usually some form of financial arrangement. In my opinion, SABC cannot on its own accord (of its own accord) delegate the function of collecting TV license fees to a third party unless said third party agrees to it, ”Trappler said.
SABC spokesperson Mmoni Seapolelo confirmed that two million television licenses have been paid for.
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