Commercial broadcasters are required to comply with local content requirements discriminating against foreign-owned production companies: (1) in respect of a sound broadcasting service, a broadcasting service licensee is required to broadcast a specified minimum percentage of musical works which qualify as South African music, i.e. written or performed by South African citizens etc.; (2) in respect of a television broadcasting service, a broadcasting service licensee is required to allocate a minimum percentage of its total broadcasting time to television programmes which have local television content, i.e. produced by a television broadcasting service licensee or by South African citizens or companies majority-owned by South African citizens.
On 4 May 2020, the Independent Communications Authority of South Africa issued Notice 252 amending ICT COVID–19 National Disaster Regulations issued in April 2020. The Notice exempted 'television broadcasting services licensees' from compliance with local television content quotas  and specific advertising and programming requirements during the National State of Disaster. 'Sound broadcasting service Licensees' were not exempt from complying with the local content music quotas, but were exempted from with specific programming requirements and promises of performance in terms of licence conditions during the National State of Disaster.
On 1 June 2021, the Independent Communications Authority of South Africa issued Notice 314, which reinstated local television content quotas during the National State of Disaster for 'television broadcasting services licensees'. Public and Commercial Television Broadcasting, were respectively, required to exhibit local content for a minimum of 45% and 35%, respectively, of their weekly average programming measured over a period of a year. Previously (before the temporary exemption applied on May 2020), the minimum local content quotas for public and commercial television broadcasting were 65% and 45%, respectively.
"2. Amendment of regulation 4 of the Regulations
Regulation 4 of the Regulations is hereby amended [...]
(g) by the substitution for sub-regulation (8A) of the following subregulation:
"(8A) Television broadcasting service Licensees are exempted from compliance with specific advertising requirements in terms of their licence conditions. Television broadcasting service Licensees shall comply with the local television content quotas during the National State of Disaster, to the extent reflected in the table below:
Public Television Broadcasting | Commercial Television Broadcasting | Community Television Broadcasting |
Minimum weekly average of its programming measured over a year | Minimum weekly average of its programming measured over a year | Minimum weekly average of its programming 
45% | 35% | 55%. (Table1)"
(h) by the deletion of sub-regulations (8B) and (8C). 
(i) by the substitution for sub-regulation (8D) of the following subregulation: 
"(8D) The exemptions indicated in sub-regulation (8A) shall automatically cease three (3) months after the termination of the National State of Disaster." [...]" (INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE  314 OF 2021,  "ICT COVID-19 National Disaster Fifth Amendment Regulations").
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"2. AMENDMENT OF REGULATION 4 OF THE REGULATIONS 
(a) The following regulations are hereby inserted in the Regulations, after sub regulation (8):
"(8A) Television broadcasting service Licensees are exempted from compliance with the local television content quotas and specific advertising and programming requirements in terms of licence conditions during the National State of Disaster.
(8B) Sound broadcasting service Licensees are exempted from compliance with specific programming requirements and promises of performance in terms of licence conditions during the National State of Disaster. 
(8C) Sound broadcasting service Licensees shall comply with the local content music quotas. 
(8D) The exemptions indicated in sub regulations (8A) and (8B) shall automatically cease upon expiry of three (3) months of termination of the National State of Disaster. [...]" (INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE 252 OF 2020, "The ICT COVID–19 National Disaster Amendment Regulations")
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"Preservation of South African programming
61. (1) The Authority may prescribe regulations applicable to broadcasting service licensees regarding the commissioning of independently produced South African programming.
(2) For purposes of this section—
(a) ''local television content'' means a television programme, excluding transmission of sporting events and compilations thereof, advertisements, teletext and continuity announcements, which is produced— (i) by a broadcasting service licensee; (ii) by a person who is a citizen of, and permanently resident in, the Republic; (iii) by a juristic person, the majority of the directors, shareholders or members of whom are citizens of, and permanently resident in, the Republic; (iv) in a co-production in which persons referred to in subparagraphs (i), (ii) or (iii) have at least a fifty percent financial interest; (v) by persons referred to in subparagraphs (i), (ii), (iii) or (iv), in circumstances where the prescribed number of key personnel who are involved in the production of the television programme, are citizens of, and permanently resident in, the Republic; or (vi) by persons referred to in subparagraphs (i), (ii), (iii) or (iv), in circumstances where the prescribed percentage of the production costs are incurred in the Republic; [...]
(c) a musical work broadcast by a broadcasting service licensee qualifies as ''South African music'' if such work complies with at least two of the following criteria, namely— (i) if the lyrics (if any) were written by a South African citizen; (ii) if the music was written by a South African citizen; (iii) if the music or lyrics was or were principally performed by musicians who are South African citizens; (iv) if the musical work consists of a live performance which is— (aa) recorded wholly in the Republic; or (bb) performed wholly in the Republic and broadcast live in the Republic.
(3) The Authority may, in respect of the television broadcasting service licence, impose and specify in that licence, such conditions, as prescribed, regarding local television content and independent television production, which without derogating from the generality of the foregoing, may include any conditions requiring the broadcasting service licensee -  (a) to annually expend a specified sum of money, subject to reasonable yearly escalation or, alternatively, a specified minimum percentage of its gross revenue, on programmes which have local television content; (b) to allocate a specified minimum percentage of its total broadcasting time to television programmes which have local television content; (c) in the case where the broadcasting service licensee has a regional or local licence area, to allocate a specified minimum percentage of broadcasting time to local television programmes which have been produced in the relevant region or locality; and (d) to allocate a specified minimum portion of the percentage referred to in paragraph (a), (b) or (c), whichever is applicable, to a prescribed diversity of television programmes which are independent television productions.
(4) The Authority may, in relation to a sound broadcasting service, prescribe conditions in terms of which the broadcasting service licensee is required to broadcast a specified minimum percentage of musical works which qualify as South African music.
(5) In prescribing any amount or percentage in terms of subsections (3) or (4), the Authority may prescribe the application thereof with regard to— (a) any of the categories of broadcasting service licence referred to in sections 49, 50 and 51; (b) defined viewing and listening times, where applicable; (c) various categories of television programmes, where applicable; and (d) the period within which the broadcasting service licensee must comply with the provisions of this section. [...]" (Electronic Communications Act 36 of 2005, as amended)
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"3.  Public Television Broadcasting
(1) A public television broadcasting licensee must ensure that after twenty four (24) months of the gazetting of these regulations or within twenty four (24) months of issuing of a licence to a new licensee or within such longer period as the Authority may determine, a minimum weekly average of 65% of its programming, measured over the period of a year, during the South African television performance period consists of local television content and that such local television content is spread evenly throughout the said performance period and prime time.
(2) In complying with its obligations in terms of sub -regulation (1) a public television broadcasting licensee must ensure that a minimum of all genres listed below is broadcast: (a)  35% of its drama programming consists of South African drama; (b) 80% of its current affairs programming consists of South African current affairs; (c) 50% of its documentary programming consists of South African documentary programming; (d) 50% of its knowledge building programming consists of South African knowledge building programming; (e) 60% of its educational programming consists of South African educational programming; and (f) 55% of its children's programming consists of South African children's programming.
(3) The commercial service of a public television broadcasting licence is subject to the provisions of regulation 5.
[...]
5. Commercial Television Broadcasting
(1) A commercial television broadcasting licensee must ensure that after twenty four (24) months of the gazetting of these regulations in the case of an existing licensee or within twenty four (24) months of the issuing of a licence to a new licensee, or within such longer period as the Authority may determine, a minimum weekly average  of 45% of its programming, measured over the period of a year, during the South African television performance period consists of local television content.
(2) In complying with its obligations in terms of sub -regulation (1) above, a commercial television licensee must ensure that a minimum of all genres listed below is broadcast: (a) 20% of its drama programming consists of South African drama; (b) 50% of its current affairs programming consists of South African current affairs; (c) 30% of its documentary programming consists of South African documentary programming; (d) 30% of its knowledge- building programming consists of South African knowledge building programming; and (e) 25% of its children's programming consists of South African children's programming.[...]" (ICASA Regulations on Local Television Content Notice of 346 of 2016, issued on 23 March 2016)
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"3. Imposition of Conditions on Sound Broadcasting Services regarding South African Music [...]
Commercial Sound Broadcasting Service
(2) A holder of a commercial sound broadcasting service licence must ensure that after eighteen (18) months from the date of gazetting of these Regulations, a minimum of 35% of the musical works broadcast in the performance period, consist of South African music and that such South African music is spread evenly throughout the performance period.[...]" (ICASA Regulations on South African Music Notice of 344 of 2016, issued on 23 March 2016)
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE  314 OF 2021,  "ICT COVID-19 National Disaster Fifth Amendment Regulations"
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA NOTICE 252 OF 2020, "The ICT COVID–19 National Disaster Amendment Regulations"
Electronic Communications Act 36 of 2005, as amended
ICASA Regulations on Local Television Content Notice of 346 of 2016, issued on 23 March 2016
ICASA Regulations on South African Music Notice of 344 of 2016, issued on 23 March 2016
[<a href="https://www.gov.za/sites/default/files/gcis_document/202105/44631gen314.pdf">Notice</a>],[<a href="https://www.gov.za/sites/default/files/gcis_document/202005/43279gen252.pdf">Notice</a>],[<a href="https://www.gov.za/documents/electronic-communications-act">Act</a>],[<a href="https://www.gov.za/sites/default/files/gcis_document/201603/39844gon346_1.pdf">Notice</a>],[<a href="https://www.icasa.org.za/uploads/files/ICASA-Regulations-on-South-African-Music-Gazette-39844.pdf">Notice</a>]