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Appendix 6 - International Music Council

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Addendum 5<br />

SOUTH AFRICAN MUSIC REGULATIONS, Published under GN R622 in<br />

Government Gazette 17939 of 25 April 1997<br />

REGULATIONS RELATING TO THE IMPOSITION OF SOUND<br />

BROADCASTING LICENCE CONDITIONS REGARDING SOUTH AFRICAN<br />

MUSIC<br />

1 Definitions<br />

In these regulations any word to which a meaning has been assigned in the Independent<br />

Broadcasting Authority Act, 1993 (Act 153 of 1993), shall have that meaning and, unless<br />

the context indicates otherwise-<br />

'Sound broadcasting licence' means a broadcasting licence granted and issued for the<br />

purpose of providing a sound broadcasting service;<br />

'the performance period' means the period of 126 hours in one week measured<br />

between the hours 05:00 and 23:00 each day.<br />

2 Application of these regulations<br />

These regulations shall apply to the holder of any category of sound broadcasting<br />

licence which devotes 15% or more of its broadcasting time during the performance<br />

period to the broadcasting of music and shall be incorporated into the licence-<br />

2.1 in the case of a licensee holding a valid licence at the date of commencement of these<br />

regulations, on the day following the end of the sixth month after the date of<br />

commencement of these regulations;<br />

2.2 in the case of a licence issued on or after the date of commencement of these regulations,<br />

from the date of commencement of broadcasting.<br />

music<br />

3 Imposition of sound broadcasting licence conditions regarding South African<br />

music<br />

3.1 Every holder of a sound broadcasting licence to which these regulations apply must<br />

ensure that at least 20% of the musical works broadcast in the performance period<br />

consists of South African music and that such South African music is spread reasonably<br />

evenly throughout the said period.<br />

3.2 The Authority may, upon written application and good cause shown by the holder of a<br />

sound broadcasting licence, grant exemption from any condition imposed by<br />

subregulation (1) or vary such condition, if it is satisfied that the exemption or variation is<br />

consistent with the objects of the Act and any regulations made thereunder.<br />

3.3 The Authority will review these regulations within three years of their coming into effect<br />

with the intention of raising the quota for some or all categories of sound broadcasting<br />

licensees and reassessing the basis for calculating it.<br />

4 Records<br />

505

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