Convergence and regulation in South Africa: in search of a new public interest paradigm

Abstract

Purpose – The paper aims to identify issues in broadcasting and telecommunications regulation and law arising from technological convergence and to suggest a new framework for an integrated approach to policy and regulation.Design/methodology/approach – A set of South African laws, regulations, bills and policy papers is reviewed to establish to what extent they promote, or at least adapt to, technological convergence using three tests: technological neutrality, integration of policy processes and a “level playing field” for competition.Findings – It is suggested that current law and regulation fails to meet the South African Government's stated aim of promoting convergence. It is suggested that a reason for this may be the difference in the public interest “rationales” for broadcasting and telecommunications regulation, with the former being largely social and political and the latter largely economic. A new paradigm based on the constitutional principle of freedom of expression is suggested as providing...