Copyright Review Commission Report - ICT Law and Regulation ...

13.4 DEPARTMENT OF ARTS AND CULTURE (DAC)13.4.1. Despite the fact that large parts of the MITT recommendations are not implemented, the strategic plans for theDAC for the last three years made no reference to it. The annual reports for the respective periods were alsosilent on the matter. It is doubtful that implementation will be a priority for junior managers if it is not a priority forthe organisation.13.5 ICASA13.5.1. The plans and targets associated with the enforcement and monitoring of compliance with the licence conditionsby the broadcasters are well documented on the strategic plans, and the annual reports disclose the results ofactual performance against the plans.13.5.2. The issue of higher local content targets does not seem to be part of ICASA’s mandate and, accordingly, settinghigher targets is not part of ICASA’s monitoring mechanisms. ICASA is only concerned with the achievementsof the legislated targets, but it does not help anyone if the unrealistic low targets are achieved. For example, thelocal content for public radio stations is currently at 40%. It is a known fact that most achieve between 75% and90% (as per Table 23) and, accordingly, a target of 40% cannot assist in maintaining or improving the currentsituation.13.5.3. ICASA’s mandate is not about economic growth and, accordingly, it is not ICASA’s priority to have higher localcontent targets. It was incorrect to assign ICASA the responsibility for setting these targets or driving theprocess of setting local content targets. The CRC believes that the natural home for this responsibility is the dti,while ICASA is geared to play a significant role in monitoring the pre-agreed targets.13.6 CONCLUSIONS AND RECOMMENDATIONS13.6.1. There is no evidence that monitoring at strategic level with regard to increasing the disposable royalty incomefor local artists has been effective.13.6.2. There is a risk that the recommendations for the CRC may not be implemented due to inadequate monitoring ora lack of collaboration among key stakeholders. The CRC recommends: A joint steering committee (interdepartmental steering committee) with ministerial representatives from thethree departments (the dti, DOC and DAC) should be established to oversee the implementation of therecommendations. The joint steering committee should meet at least twice a year and there should be astanding invitation to include the Registrar for collecting societies (CIPC), the CEOs for the respectivecollecting societies (SAMRO, SAMPRA and NORM) and the CEO of ICASA; The strategic plans for CIPC should include targets for the tangible deliverables arising from thesupervisory function of the collecting societies; and the dti strategic plans should incorporate the high-level plans and targets for the implementation of theCRC’s recommendations.- 92 -