The Democratic Alliance welcomes the Gauteng High Court judgment declaring key aspects of ICASA’s election broadcasting regulations unconstitutional and unlawful.
For years, the DA has faced broadcasters, particularly the SABC, rejecting our political advertisements on spurious grounds that violated constitutionally enshrined free speech rights.
In the 2024 election, the DA successfully challenged the SABC refusing to air our advertisements, but the ruling came only after our opportunity to broadcast had passed, which rendered that victory for free speech practically meaningless.
This judgment ensures that this cannot happen again.
The Court has granted the relief by creating an urgent mechanism for disputes over rejected political advertisements and party election broadcasts. Complaints must be heard by ICASA’s Complaints and Compliance Committee within 48 hours, with a ruling delivered within 12 hours thereafter. Crucially, if ICASA fails to meet the prescribed deadlines, the broadcaster must air the rejected material.
The Court also found it unlawful and unconstitutional to exclude members of the public and public interest organisations from challenging the rejection of political broadcasts.
This is an important victory for freedom of political expression, free and fair elections, and the right of voters to receive political information.
Broadcasters cannot be permitted to act as political gatekeepers by suppressing campaign material and then running down the clock until an election is over, as happened in 2024.
The DA will always defend freedom of speech and freedom of expression, which are essential rights in a constitutional democracy. Broadcasters should not infringe on the right of South Africans to hear the political messages on which they will make their democratic choices.
ICASA has been ordered to amend the defective regulations, and the Court awarded costs against ICASA and its chairperson.
This judgment sends a clear message: political speech cannot be silenced through arbitrary decisions and procedural delay.