COURT STRIKES DOWN ICASA RULES: DA WINS MAJOR VICTORY AGAINST ELECTION AD CENSORSHIP
BY: CHANON LECODEY MERRICKS | ONLINE EDITOR
COURT STRIKES DOWN ICASA RULES: DA WINS MAJOR VICTORY AGAINST ELECTION AD CENSORSHIP
JOHANNESBURG – In a significant ruling for South Africa’s electoral integrity, the Gauteng High Court has declared key sections of the Independent Communications Authority of South Africa (ICASA) election broadcasting regulations unconstitutional and unlawful.
The judgment, welcomed by the Democratic Alliance (DA), effectively dismantles the ability of broadcasters to act as "political gatekeepers" by blocking campaign advertisements through arbitrary rejections and procedural delays.
A New Standard for Urgent Dispute Resolution The court-mandated relief establishes a strict, expedited timeline for handling rejected political advertisements and party election broadcasts (PEBs). Under the new framework:
Complaints: Must be heard by ICASA’s Complaints and Compliance Committee (CCC) within 48 hours of filing.
Rulings: A decision must be delivered within 12 hours following the hearing.
Automatic Default: Should ICASA fail to meet these prescribed deadlines, the broadcaster is legally obligated to air the disputed material immediately.
This mechanism directly addresses the "running down the clock" tactic highlighted by the DA, which cited the 2024 national elections as a primary example. During that period, the party successfully challenged the SABC’s refusal to air specific advertisements, but the victory was rendered moot because the ruling arrived only after the election cycle had concluded.
Broadening Public Participation Beyond internal party disputes, the High Court ruled that it is unconstitutional to exclude members of the public and civil society organizations from challenging the censorship of political broadcasts. The court emphasized that the right to receive political information is essential to the South African electorate’s ability to make informed democratic choices.
Accountability for the Regulator The judgment serves as a stern rebuke to the regulatory body. The Court ordered ICASA to amend its defective regulations to align with constitutional standards. Additionally, the court awarded legal costs against ICASA and its chairperson, reinforcing that the regulator must operate transparently and without infringing upon protected political speech.
In its response, the DA stated that the ruling protects the fundamental rights of all political actors to reach voters. "Broadcasters cannot be permitted to suppress campaign material until an election is over," the party noted. "This judgment sends a clear message that political speech cannot be silenced through arbitrary decisions."
ICASA has not yet indicated whether it intends to appeal the judgment.
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