ICASA BOOKLET (Electronic Communications Act No. 36 of 2005, Independent Communications Authority of South Africa Act No. 13 of 2000, Broadcasting Act No. 4 of 1999, Electronic Communications and Transactions Act No. 25 of 2002)
A pocketbook of the consolidated Electronic Communications Act No. 36 of 2005, Independent Communications Authority of South Africa Act No. 13 of 2000, Broadcasting Act No. 4 of 1999, Electronic Communications
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Product description
A pocketbook of the consolidated Electronic Communications Act No. 36 of 2005, Independent Communications Authority of South Africa Act No. 13 of 2000, Broadcasting Act No. 4 of 1999, Electronic Communications and Transactions Act No. 25 of 2002.
Table of contents
PART_1 - Electronic Communications Act No. 36 of 2005
Section_1 - Definitions
Section_2 - Object of Act
Section_3 - Ministerial Policies and Policy directions
Section_4 - Regulations by Authority
Section_5 - Licensing
Section_6 - Licence exemption
Section_7 - Prohibition of provision of service without licence
Section_8 - Terms and conditions for licences
Section_9 - Application for and granting of individual licences
Section_10 - Amendment of individual licence
Section_11 - Renewal of individual licence
Section_12 - Surrender of individual licence
Section_13 - Transfer of individual licences or change of ownership
Section_14 - Suspension or cancellation of individual licence
Section_15 - Effect of suspension, cancellation, surrender or expiry of individual licence
Section_16 - Class licence
Section_17 - Registration for Class Licence
Section_18 - Refusal of registration for class licence
Section_19 - Renewal of class licence
Section_20 - Application
Section_21 - Rapid deployment of electronic communications facilities
Section_22 - Entry upon and construction of lines across land and waterways
Section_23 - Underground pipes for purposes of electronic communications network service
Section_24 - Pipes under streets
Section_25 - Removal of electronic communications network facilities
Section_26 - Fences
Section_27 - Trees obstructing electronic communications network facilities
Section_28 - Height or depth of electronic communications network facilities
Section_29 - Electrical works
Section_30 - Control of radio frequency spectrum
Section_31 - Radio frequency spectrum licence
Section_32 - Control of possession of radio apparatus
Section_33 - Frequency co-ordination
Section_34 - Radio frequency plan
Section_35 - Approval of type
Section_36 - Technical standards for equipment and electronic communications facilities
Section_37 - Obligation to interconnect
Section_38 - Interconnection regulations
Section_39 - Filing of interconnection agreements
Section_40 - Notification of interconnection disputes
Section_41 - Interconnection pricing principles
Section_42 - Carrier pre-selection
Section_43 - Obligation to lease electronic communications facilities
Section_44 - Electronic communications facilities leasing regulations
Section_45 - Filing of electronic communications facilities leasing agreements
Section_46 - Notification of electronic communications facilities leasing agreement disputes
Section_47 - Facilities leasing pricing principles
Section_48 - Application
Section_49 - Public broadcasting service licences
Section_50 - Community broadcasting service licences
Section_51 - Commercial broadcasting service licences
Section_52 - Prohibition on granting of broadcasting service licence to party-political entities
Section_53 - Record of programmes broadcast by broadcasting service licens
Section_54 - Code of conduct for broadcasting service licensees
Section_55 - Control over advertisements
Section_56 - Prohibition on broadcasting of party election broadcasts and political advertisements except in certain circumstances
Section_57 - Broadcasting of party election broadcasts on public broadcasting services
Section_58 - Political advertising on broadcasting services
Section_59 - Equitable treatment of political parties by broadcasting service licensees during election period
Section_60 - Restriction on subscription broadcasting services
Section_61 - Preservation of South African programming
Section_62 - Broadcasting signal distribution objectives
Section_63 - Self provisioning by broadcasting service licensees
Section_64 - Limitations on foreign control of commercial broadcasting services
Section_65 - Limitations on control of commercial broadcasting services
Section_66 - Limitations on cross-media control of commercial broadcasting services
Section_67 - Competition matters
Section_68 - Numbering plans and number portability
Section_69 - Code of conduct, end-user and subscriber service charter
Section_70 - Persons with disabilities
Section_71 - Consumer Advisory Panel
Section_72 - Establishment of Electronic Communications and ICT Museum, information communication technology for government and other related services
Section_72A - National Broadband Council
Section_73 - E-rate
Section_74 - Offences and penalties
Section_75 - Directory services
Section_76 - Establishment of public emergency communications centres
Section_77 - Duties of 112 Emergency Centres and licensees
Section_78 - National Public emergency number
Section_79 - Standards, capabilities and operating procedures of 112 Emergency Centres
Section_79A - Limitation of liability
Section_79B - Provision of information
Section_80 - Continued existence of Universal Service Agency
Section_81 - Functions of Board
Section_81A - Fiduciary duties of Board members, and removal and dissolution
Section_82 - Functions of Agency
Section_82A - Appointment of chief executive officer
Section_82B - Conditions of appointment of CEO
Section_82C - Termination of employment of CEO
Section_82D - Acting chief executive officer
Section_82E - Delegation and assignment by CEO
Section_83 - CEO and staff of Agency
Section_84 - Financing of Agency
Section_85 - Banking account
Section_86 - Annual and other reports
Section_87 - Continued existence and control of Universal Service Fund
Section_88 - Application of money in Universal Service and Access Fund
Section_89 - Contributions to Universal Service and Access Fund
Section_90 - Competitive tender for universal service and access projects
Section_91 - Accounts of Universal Service and Access Fund
Section_92 - Existing licences
Section_93 - Licence conversion
Section_94 - Conflicts
Section_95 - Existing regulations
Section_96 - Application of Act
Section_97 - Repeal and amendment of laws
Section_98 - Short title and commencement
Schedule
PART_2 - Independent Communications Authority of South Africa Act No. 13 of 2000
Section_1 - Definitions
Section_2 - Object of Act
Section_3 - Establishment of Independent Communications Authority of South Africa
Section_4 - Functions of Authority and chairperson
Section_4A - Register of licences
Section_4B - Inquiries by Authority
Section_4C - Conduct of inquiries
Section_4D - Confidential information
Section_5 - Constitution of and appointment of councillors to Council
Section_6 - Disqualification
Section_6A - Performance management system
Section_7 - Terms of office
Section_8 - Removal from office
Section_9 - Vacancies
Section_10 - Remuneration
Section_11 - Meetings of Council
Section_11A - Minutes of meetings
Section_11B - Code of Ethics
Section_12 - Conflicting interests
Section_13 - Validity of proceedings
Section_14 - Staff
Section_14A - Appointment of experts
Section_4B - ...
Section_4C - Confidentiality
Section_4D - ...
Section_15 - Financing of and accounting by Authority
Section_15A - Annual plan
Section_16 - Annual report
Section_16A - Restriction on use of name or description implying connection with Authority
Section_17 - Standing and special committees
Section_17A - Establishment of Complaints and Compliance Committee
Section_17B - Functions of Complaints and Compliance Committee
Section_17C - Procedure of Complaints and Compliance Committee
Section_17D - Findings by Complaints and Compliance Committee
Section_17E - Decision by Authority
Section_17F - Inspectors
Section_17G - Power of inspector to enter, search and seize
Section_17H - Offences and penalties
Section_18 - ...
Section_19 - ...
Section_20 - ...
Section_21 - ...
Section_22 - ...
Section_23 - Repeal and amendment of laws
Section_23A - Liability
Section_24 - Application of Act
Section_25 - Short title and commencement
Schedule_1 - Laws amended or repealed
Schedule_2 - ...
PART_3 - Broadcasting Act No. 4 of 1999
Section_1 - Definitions and interpretation
Section_2 - Object of Act
Section_3 - South African broadcasting system
Section_4 - ...
Section_5 - Classes of licences
Section_6 - Charter of Corporation
Section_7 - ...
Section_8 - Objectives of Corporation
Section_8A - Conversion
Section_9 - Organisation
Section_10 - Public service
Section_11 - Commercial services
Section_12 - Composition of Board
Section_13 - Members of Board
Section_14 - Executive committee
Section_15 - Removal from office and resignation of member
Section_15A - Resolution for removal of member, dissolution of Board and appointment of interim Board
Section_16 - Disqualification
Section_17 - Disclosure of conflict of interests
Section_18 - Financial regulations
Section_19 - ...
Section_20 - Financial year and annual financial statements
Section_21 - Rights and obligations
Section_22 - Amendment of broadcasting licences
Section_22A - Regional television services
Section_23 - Borrowing powers
Section_24 - Accounts
Section_25 - Auditing
Section_26 - Staff of Corporation
Section_27 - Television licenses
Section_28 - Annual report
Section_29 - ...
Section_30 - ...
Section_31 - ...
Section_32 - ...
Section_33 - ...
Section_34 - ...
Section_35 - ...
Section_36 - ...
Section_37 - ...
Section_38 - South African Broadcast Production Advisory Body
Section_39 - ...
Section_40 - Regulations
Section_41 - Repeal and amendment of laws
Section_42 - Application of Act
Section_43 - Short title and commencement
Schedule - Laws amended or repealed
PART_4 - Electronic Communications and Transactions Act No. 25 of 2002
Section_1 - Definitions
Section_2 - Objects of Act
Section_3 - Interpretation
Section_4 - Sphere of application
Section_5 - National e-strategy
Section_6 - Universal access
Section_7 - Previously disadvantaged persons and communities
Section_8 - Development of human resources
Section_9 - SMMEs
Section_10 - Electronic transactions policy
Section_11 - Legal recognition of data messages
Section_12 - Writing
Section_13 - Signature
Section_14 - Original
Section_15 - Admissibility and evidential weight of data messages
Section_16 - Retention
Section_17 - Production of document or information
Section_18 - Notarisation, acknowledgement and certification
Section_19 - Other requirements
Section_20 - Automated transactions
Section_21 - Variation by agreement between parties
Section_22 - Formation and validity of agreements
Section_23 - Time and place of communications, dispatch and receipt
Section_24 - Expression of intent or other statement.
Section_25 - Attribution of data messages to originator
Section_26 - Acknowledgement of receipt of data message
Section_27 - Acceptance of electronic filing and issuing of documents
Section_28 - Requirements may be specified
Section_29 - Register of cryptography providers
Section_30 - Registration with Department
Section_31 - Restrictions on disclosure of information
Section_32 - Application of Chapter and offences
Section_33 - Definition
Section_34 - Appointment of Accreditation Authority and other officers
Section_35 - Accreditation to the voluntary
Section_36 - Powers and duties of Accreditation Authority
Section_37 - Accreditation of authentication products and services
Section_38 - Criteria for accreditation
Section_39 - Revocation or termination of accreditation
Section_40 - Accreditation of foreign products and services
Section_41 - Accreditation regulations
Section_42 - Scope of application
Section_43 - Information to be provided
Section_44 - Cooling-off period
Section_45 - Unsolicited goods, services or communications
Section_46 - Performance
Section_47 - Applicability of foreign law
Section_48 - Non-exclusion
Section_49 - Complaints to Commission
Section_50 - Scope of protection of personal information
Section_51 - Principles for electronically collecting personal information
Section_52 - Scope of critical database protection
Section_53 - Identification of critical data and critical databases
Section_54 - Registration of critical dat
Section_55 - Management of critical databases
Section_56 - Restrictions on disclosure of information
Section_57 - Right of inspection
Section_58 - Non-compliance with Chapter
Section_59 - Establishment of Authority
Section_60 - Incorporation of Authority
Section_61 - Authority's memorandum and articles of association
Section_62 - Board of directors of Authority
Section_63 - Staff of Authority
Section_64 - Licensing of registrars and registries
Section_65 - Functions of Authority
Section_66 - Finances of Authority
Section_67 - Reports
Section_68 - Regulations regarding Authority
Section_69 - Alternative dispute resolution
Section_70 - Definition
Section_71 - Recognition of representative body
Section_72 - Conditions for eligibility
Section_73 - Mere conduit
Section_74 - Caching
Section_75 - Hosting
Section_76 - Information location tools
Section_77 - Take-down notification
Section_78 - No general obligation to monitor
Section_79 - Savings
Section_80 - Appointment of cyber inspectors
Section_81 - Powers of cyber inspectors
Section_82 - Power to inspect, search and seize
Section_83 - Obtaining warrant
Section_84 - Preservation of confidentiality
Section_85 - Definition
Section_86 - Unauthorised access to, interception of or interference with data
Section_87 - Computer-related extortion, fraud and forgery
Section_88 - Attempt, and aiding and abetting
Section_89 - Penalties
Section_90 - Jurisdiction of courts
Section_91 - Saving of common law
Section_92 - Repeal of Act 57 of 1983
Section_93 - Limitation of liability
Section_94 - Regulations
Section_95 - Short title and commencement
Schedule 1
Schedule 2
