The Independent Communications Authority of South Africa (Icasa) may be headed for a legal showdown with some sporting federations and broadcasters if it goes ahead and implements the sports broadcasting amendment regulations.
On Friday, the communications regulator completed public hearings in Pretoria on the proposed regulations after the sports federations, broadcasters and other parties had made submissions.
Icasa wants to amend sports broadcasting with national events in Group A free to air, but the plan is being opposed.
Some of the events listed in Group A are the Olympic Games, Paralympics, Fifa World Cup, Africa Cup of Nations (men and women), Rugby World Cup, Cricket World Cup, international boxing, national netball, Commonwealth Games and international athletics events.
The Premier Soccer League, Comrades Marathon, Two Oceans Marathon, Super Rugby, Caf Champions League and Confederations Cup are among those listed in Group B as national events for subscription broadcasters on a non-exclusive basis under sub-licensing conditions.
In Group C, Icasa proposes that minority and developmental sports, like tennis, motor sport, indigenous games, varsity sports, martial arts and basketball, be broadcast by subscription and free-to-air licencee broadcasters.
Icasa's panel chairperson, Palesa Kadi, said it was faced with a delicate balancing act.
"There were legal issues raised which we need to look into. We cannot take for granted any input in this process. But from where we stand, we were coming from an informed view in so far as what is needed to be done," she said.
"It is a balancing act, the best bet will be to look at the constitutionality of issues, whether they can stand and pass through the constitutional muster. We will be ready because we are serving public interests and it will depend what is it that they are bringing on board.
"Regulations are reviewed between three and five years from time to time. This is what we have done, one will have to balance and see but also the post analysis will look into the many issues that were said here and verify that content. We heard that some of the statistics that were presented were incorrect and people will believe that the rands and cents and the losses are true facts."
During the hearings, the PSL, SA Rugby, Boxing SA, the South African Cricketers' Association (Saca), the South African Football Players Union (Safpu), Netball SA, the South African Sports Confederation and Olympic Committee (Sascoc) and Safa were opposed to Icasa's plans.
"They will ruin football in SA and they will destroy the high quality content that the PSL is striving to invest in. Exclusivity enables content rights owners, such as the PSL, to generate income," said PSL chairman Irvin Khoza.
SA Rugby's CEO, Jurie Roux, warned that the move could kill rugby.
"Our doors will close in the next five years if these regulations are implemented. Exclusivity is key in sport and the current regulations strike a good balance. At this rate there won't be sport in five years and there won't be the Springboks," said Roux.
The hearings allowed the broadcasters to put their cases on the last day and they had different opinions.
Multichoice, which is happy with the status quo, warned the panel that if the new regulations were implemented the process could be judicially reviewable.
"Current regulations are working and should be retained. There is no need to amend the current regulations," said Multichoice in its submission.
Cash-strapped SABC pleaded poverty and argued that without any changes to sports rights regulations, it would require more money to deliver on a number of events of national interest and special events which are mandatory.
"Over the years the SABC suffered extensive operating losses during implementation of the 2010 regulations. Exclusive government funding is required for SABC to cover listed sporting events, developmental and minority sports regulating this area. Icasa should consider and safeguard the financial viability of public broadcasting services," the SABC said in its submission.
E.tv said SA was under-regulated which led to a monopoly by Multichoice and it supported Icasa in its mission to provide equal opportunities.
"Resist pressure from pay-TV broadcasters to abolish major event legislation. Tackle the market power of monopolistic sport channel owners through application of competition law with consideration for the cultural specifics of sports broadcasters," said the CEO of eMedia Investments, Khalik Sherrif. EMedia Investments owns e.tv.
Kwesé TV, which only obtained its free-to-air licence recently, said that international rights' holders might not take kindly to be dictated to by local regulations on how to sell their rights and to whom.
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