ESCCOM’S 60% LOCAL CONTENT GUIDELINES

MBABANE – After just three months of ESCCOM announcing a revision for content guidelines, Sabelo Dlamini, EBIS Director has affirmed that the radio station has been compliant with the guidelines thus far.

With the revision and August update of the broadcasting guidelines 2022, all radio and TV networks in the country are now mandated to air 60 per cent local content. This decision aligns with Section 32 of the Eswatini Communications Commission Act, 2013, which tasks the Eswatini Communications Commission (ESCCOM) with regulating and overseeing the provision of radio and television broadcasting services and their associated content. ESCCOM, the regulatory body responsible for overseeing the communications sector in Eswatini, including telecommunications, broadcasting, postal services, and radio spectrum allocation, derives its authority from the Swaziland Communications Commission Act no. 10 of 2013.

Established on July 31, 2013, the commission assumed regulatory powers from the Eswatini Posts and Telecommunications Corporation (EPTC) and Eswatini Television Authority (Eswatini TV).The primary role of a regulator is to ensure the proper functioning of the sector and protect the interests of consumers and other stakeholders in an equitable manner. An effective regulator is crucial for ensuring fair market entry, compliance with existing regulations, and enforcement. Governments must foster an environment conducive to good governance and regulatory success to achieve this. Independence is a pivotal attribute for an effective regulator.

However, the effectiveness of a regulator extends beyond structural and financial independence. It also depends on achieving successful functionality, ideally in an independent and autonomous manner. Additionally, an effective regulator should demonstrate accountability, transparency, and predictability. In light of these regulations, EBIS is compliant with the Act, with programmes such as the top 20 chart, striving to achieve the 60 per cent local content benchmark, considering factors such as airplay, popularity, and listener requests. Bongani ‘DJ Tizalami’ Dube, a host of the top 20 chart show on EBIS 2 FM, highlighted that their show predominantly features local content, which has been a consistent practice. In a recent weekly music chart show, approximately 70 per cent of the songs were local, including tracks by artists such as; YoungZesh, !Sooks, iYA, Manana, and Uncle Waffles.

Furthermore, Channel Yemaswati has been exceeding the 60 per cent local content requirement, with a focus on broadcasting 90 per cent local content, since its inception. The station emphasises human interest stories within the kingdom, catering to its niche market. Following the issuance of the Broadcasting (Content) Guidelines 2022, local radio stations and programmes have demonstrated a strong commitment to meeting the outlined guidelines.

Section 7 of the guidelines, outlines obligations pertaining to broadcasting services, including the requirement for commercial broadcast licenses to air a minimum of  30 per cent local content, and for community broadcasters to ensure that 70 per cent of the content addresses community issues and needs. Notably, public broadcast licenses must ensure that 70 per cent of local content aired, is produced and supplied by independent local producers, while commercial broadcasters must ensure at least 40 per cent of their content is local. These guidelines play a vital role in shaping the broadcasting landscape and promoting local content.

So what does this really mean? It is worth noting that, this applies to both radio and television. The guidelines define local content as the total of all television or radio programmes, which meet at least five of the following conditions;

• The production is made in either Eswatini’s indigenous or official languages;
• All, or a majority, of the production and post-production is done in Eswatini;
•  The content deals with issues that are unique and relevant to Eswatini audiences;
• At least 60 per cent of the actors, leading cast, major supporting cast, major technical crew, and production crew members are emaSwati;
• The location of shooting, in case of audio visual programmes or performance was wholly or partly in Eswatini;
• The authors of the programme are emaSwati (whether or not the program is produced in conjunction with a co-producer, an executive producer or director who is not liSwati)
• The production company producing the programme should be based in Eswatini, employing more than 60 per cent of emaSwati, and be wholly owned by emaSwati, or have at least 50 per cent shareholding.

In neighbouring countries like South Africa (SA) some of the broadcasters have kept a 90 per cent local content ratio, when it comes to content that they broadcast. For example public broadcaster SABC, airs 90 per cent local music across its 18 radio stations; this began back in May 12, 2016. This increase in the numbers set for the network, was said to be an action legislated to help local artists to get the recognition and support internally. Questions yet to be answered are, why has the regulation been set to a higher content than before? Are all broadcasters aware of this change? and what measures are they going to take to ensure that the content they broadcast complies with the guidelines in the different categories like; programming, music and news? Also if they think that this will be an advantage or disadvantage to them.

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