Media Law

GDPR: Data Protection Impact Assessments

While there are many similarities between the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the General Data Protection Regulations, (“GDPR”) there are also many differences.  One of these differences is the obligation that GDPR places on organisations to conduct a Data Protection Impact Assessment (“DPIA”). What is a Data Protection Impact Assessment? This is a process that [...]

SoCs: new dawn or new death?

Below are existing governance tools and instruments that arguably need government and its SoCs must implement fully and consistently to contribute towards effective SoC governance for efficient SoC turnaround and sustained success. These are based on a comparative study, including interviews undertaken, comparing and extracting key success factors between SoCs in South Africa and in other emerging economies in Asia [...]

ICASA sets its eyes on priority markets in the electronic communications sector – 10 years after the original go-ahead, are we finally going to see local loop unbundling?

ICASA has started an inquiry to identify markets and or market segments in the electronic communications sector that are susceptible to ex ante regulations.[1]  It has published a Priority Markets Discussion Document inviting comments on its preliminary views. It wants to determine which of these markets should be prioritised for market reviews and potential regulation under the EC Act. One [...]

By | 11th April, 2018|Commercial Law, IT Law, Media Law, Telecommunications Law|

Incentives available to fund your movie and TV production

  Getting the money, this is without a doubt the single trickiest part of making a movie or television production.  Having to pay for the costs of location, cast, crew, hotel, travel, meals, licencing rights, rentals or any other items required for making even a small production.  For example, if ownership of the final product is not critical, filmmakers can [...]

By | 10th April, 2018|Media Law|

BCCSA Code of Conduct and News Coverage: Compliance!

The Broadcasting Complaints Commission of South Africa (“the Commission / BCCSA”) has a code of conduct (“the Code”), for television and radio broadcasters.  The Code has standards of acceptable conduct which broadcasters must comply with.  It regulates issues such as violence, hate speech, issues affecting children, sexual conduct, the broadcasting of news, and public comment.  If a member of the [...]

By | 13th March, 2018|Media Law|

The recent repeal of the rules surrounding Net Neutrality in the US may affect us. Here’s how…

No more Netflix and chill???   Feel like streaming a movie with bae[1]?  Or binge watching the latest season of GoT? (that’s Game of Thrones for all you people with real lives).  Your life in the lap of television luxury may soon cost double or even triple your monthly Showmax subscription, or even worse, come to an abrupt end. At [...]

By | 13th March, 2018|IP Law, Media Law|

App development: what to look out for when you contract with a developer

You’ve got a great idea for an app, but you do not have the technical skill to create it on your own so you contract a software development company.  They love your idea and are happy to work with you, great! You have approached your attorney who has provided you with an NDA, the developer has signed it and you [...]

By | 13th March, 2018|Cybersecurity, Data Protection, IP Law, IT Law, Media Law, PPM Attorneys|

Technology aspects of the State of the Nation Address and what they mean for SA: exciting times ahead!

In his State of the Nation address last night, President Ramaphosa touched those areas of the South African economy that can turn our fortunes around relatively quickly: agriculture, tourism, manufacturing and technology. What he had to say about technology is really exciting. “Government is finalising a small business and innovation fund targeted at start-ups.” He’s just come back from Davos.  [...]

Compliance is not a legal issue: True or False

Lawyers interpret legislation and advise accordingly and our advice isn’t cheap.  We spend hours considering legislation so that we can give you the most precise advice.  Most often, we are called in when faeces are propelled in an upward direction.  This happens when clients don’t follow our advice. Did you follow our advice? Yes, you say. But did you really? [...]

Does your advertisement comply with the general principles of advertising, as set out by the ASA and what action can consumers take against you as a result of non-compliance with the general principles?

  In terms of the standards of advertising, all advertisements must comply with certain criteria as set out by the Advertising Standards of Authority of South Africa’s (ASA) Codes of Advertising.  One of these general principles is misleading claims.  In this regard, it provides that “Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, [...]

By | 5th February, 2018|Advertising law, Media Law|