Electronic Communications Act, 2005 (Act No. 36 of 2005)RegulationsMunicipal Elections Party Elections Broadcasts and Political Advertisements Regulations, 20116. Political Advertising |
| (1) | PA must only be broadcast during the election period and no later than forty-eight (48) hours before polling commences. |
| (2) | Each PA submitted must indicate clearly the name of the political party or independent candidate and the day, time of broadcast, and relevant broadcast service/s for the PA. |
[Regulation 6(2) substituted by section 5(5.1) of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
| (3) | A BSL that intends to transmit a PA must ensure that the advertisement conforms to the technical standard and quality as listed in Schedule 2 of Annexure A. |
[Regulation 6(3) substituted by section 6(6.1) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (4) | A BSL to whom a PA has been submitted by a political party or an independent candidate for broadcast must not in any way edit or alter the advertisement. |
[Regulation 6(4) substituted by section 5(5.1) of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
| (5) | A BSL who rejects a PA submitted by a political party or an independent candidate for broadcast must, within twenty-four (24) hours of such submission, furnish the political party or independent candidate concerned with written reasons for the rejection and the political party or independent candidate concerned may alter or edit the PA and resubmit the PA to the BSL concerned at least forty-eight (48) hours prior to its scheduled broadcast. |
[Regulation 6(5) substituted by section 5(5.1) of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
| (6) | Where the BSL has rejected a PA and the political party or independent candidate concerned has confirmed in writing to the BSL that it will not be re-submitting the advertisement, then the BSL must within twenty-four (24) hours notify the Authority in writing of such rejection and must also furnish to the Authority written reasons for the rejection. |
[Regulation 6(6) substituted by section 5(5.1) of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
| (7) | A political party or an independent candidate whose PA has been rejected and which has no intention of altering or editing the advertisement, may refer the matter to the Authority within forty-eight (48) hours of being informed of the rejection. |
[Regulation 6(7) substituted by section 5(5.1) of the Municipal Elections Party Elections Broadcasts and Political Advertisements Amendment Regulations, 2021, Notice No. 161, GG44370, dated 31 March 2021]
| (8) | A political party or an independent candidate that submits a PA to a BSL for broadcast must ensure that the PA does not: |
| (a) | contravene the provisions of the Municipal Electoral Act, the Electoral Code, the Electoral Act, the Constitution, the Act, and the Broadcasting Act; and |
| (b) | contain any material that is calculated, or that in the ordinary course is likely to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act. |
[Regulation 6(8) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (9) | A political party or an independent candidate that submits a PA for broadcast to a BSL is deemed to have indemnified the BSL against incurred costs, damages, losses, and third-party claims arising from the broadcast thereof. |
[Regulation 6(9) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (10) | Content broadcast as a PA cannot be broadcast as a PEB. |
[Regulation 6(10) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (11) | A BSL must not broadcast a PA immediately before or after another PA or PEB. |
[Regulation 6(11) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (12) | A BSL that broadcasts a PA must ensure that all PA broadcasts are clearly identified through a standard pre-recorded concluding message (tail) disclaimer. |
[Regulation 6(12) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (13) | A BSL that broadcasts a PA must ensure that all PA disclaimers are announced in a similar manner. |
[Regulation 6(13) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (14) | A Low Power Broadcasting Service Licensee must not broadcast a PA. |
[Regulation 6(14) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]
| (15) | A BSL that intends to broadcast a PA must inform the Authority, in writing, of its intention to do so within twenty (21) working days of the publication of these Regulations. |
[Regulation 6(15) substituted by section 6(6.2) of the Municipal Political Elections Broadcasts and Political Advertisements Amendment Regulations, 2026, Notice No. 3867, GG54459, dated 2 April 2026]