IPO MAKES AN ORAL SUBMISSION TO ICASA ON COMMISSIONING PROCESSES
Posted on 26 Feb 2009 at 07h28
The IPO’s Desiree Markgraaff made an oral presentation to ICASA on the critical issue of commissioning and the relationship between broadcasters and independent producers. For the first time in four years, ICASA is questioning the relationship between broadcasters and the independent industry. This follows the IPO’s appeal to the Parliamentary Portfolio Committee in 2007 to intervene to ensure the sustainability of the sector, with specific reference to terms of trade and IP issues with the SABC. On Monday ETV, MNET, SABC and IPO made oral representations.
The IPO has 14 days to respond in writing giving details of the specific intervention we want ICASA to make, keeping in mind roles and responsibilities of the Authority.
A summary of questions and discussion after the IPO’s presentation is included below
ICASA
Can we narrow down to regulatory parameters what IPO requires from ICASA - IPO has raised bureaucracy, budgets, price fixing, micromanagement, IP, late payments --- can we focus on what the Authority can regulate?
IPO
We request arbitration and regulation with regard to basic terms of trade and a standard agreement of what those are. Also we would like to specify the definition of "independence" and align this with the terms of trade. IP should fall within this.
ICASA
ETV and MNet claim that there are no problems with their commissioning procedures, can IPO confirm that problems are only with the SABC?
IPO
No. Since the SABC is the major consumer of local content, most problems are with the SABC but ETV and MNet also infringe on independence. IP issues; direct interference with productions such as contracting cast and writers directly and specifying equipment and studio specifications, etc., are issues with all the broadcasters.
ICASA
Give an example of micromanagement. What does it mean?
IPO
Specifying how much employees can be paid, who can be employed, how payments are to be made, how much mark up is allowed, etc.
ICASA
What would the ideal contracting period be?
IPO
Four – six months from a successful pitch to a final contract.
ICASA
On terms of trade, can the IPO please set out the parameter for terms of trade? (A response in writing within 14 days was requested).
IPO
Yes, we will caucus with members and respond.
ICASA
How do you imagine IP can be regulated? What if one producer wants to retain IP and another does not care if they retain IP?
IPO
We do not believe any producer will prefer not to own IP. However, rights should be agreed according to a standard contract and then the specifics should be negotiated per project. We are referring to the standard agreement, i.e., that the broadcaster gets the rights they need for a limited period, limited terrain, etc.
ICASA
How can ICASA get involved in pricing matters?
IPO
We do not believe it is ICASA's role to get involved in pricing matters but we are requesting is that in the terms of trade, the broadcaster should not be allowed to fix individual prices within a budget. The agreement should be on a price for the production and should not include dictating how much a cameraman or writer may be paid.
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