Competition Act of 1998 Overview

Questions and Answers

What is one of the primary roles of the State Information Technology Agency (SITA)?

To promote censorship in media sectors

To oversee the Freedom of Expression Institute

To coordinate and consolidate the State’s IT resources (correct)

To manage all media outlets in South Africa

Which of the following organisations focuses on promoting freedom of expression and access to information?

FXI (correct)

SITA

MDDA

IFEX

Which year was the Freedom of Expression Institute (FXI) established?

1990

2005

1994 (correct)

2000

Which of the following best describes a commitment of the State Information Technology Agency (SITA)?

To use IT as a strategic resource for government Signup and view all the answers

Which entity is a regional organization advocating for freedom of expression and media independence?

MISA Signup and view all the answers

What is the primary function of the Competition Commission established by the Competition Act, 89 of 1998?

To evaluate mergers and restrictive practices Signup and view all the answers

Which legislative act is responsible for the classification of films and publications?

The Film and Publications Act, 65 of 1996 Signup and view all the answers

What does the Electronic Communications Act, 36 of 2005 primarily promote?

Convergence in telecommunications and broadcasting Signup and view all the answers

What is one of the primary goals of the Media Development and Diversity Agency (MDDA)?

To redress exclusion and marginalisation of disadvantaged communities Signup and view all the answers

What does the term 'publication' NOT include as defined by the Film and Publications Act?

Digital content Signup and view all the answers

Which of the following best describes the type of media projects the MDDA primarily supports?

Community and small commercial media projects Signup and view all the answers

Which body is established to adjudicate matters related to competition practices?

Competition Tribunal Signup and view all the answers

How does the MDDA aim to enhance human resources within the media industry?

By promoting training and capacity building specifically among historically disadvantaged groups Signup and view all the answers

Which action is NOT a focus of the MDDA's mandate?

Developing large-scale commercial media conglomerates Signup and view all the answers

Which aspect is NOT a focus of the Electronic Communications Act, 36 of 2005?

Management of market competition Signup and view all the answers

Which of the following best describes the purpose of the Competition Appeal Court?

To adjudicate appeals regarding competition decisions Signup and view all the answers

What aspect of media does the MDDA specifically promote among indigenous language groups?

The ownership and control of media Signup and view all the answers

Which act addresses the issue of anti-competitive trade practices in the South African economy?

The Competition Act, 89 of 1998 Signup and view all the answers

Which of the following items qualifies as a 'publication' under the provided definition?

An original painting Signup and view all the answers

What is the main goal of the South African National Editors' Forum (Sanef)?

To champion freedom of expression and promote ethics in media Signup and view all the answers

What does the Press Ombudsman primarily facilitate?

The settlement of disputes between media and the public Signup and view all the answers

Which value is NOT associated with the South African National Editors' Forum (Sanef)?

Community Signup and view all the answers

Which type of content is included in the definition of 'publication'?

Any message placed on a distributed network Signup and view all the answers

What is one of the values upheld by the South African National Editors' Forum?

Public interest Signup and view all the answers

Which of the following best describes the nature of the Press Council?

A cooperative body between print and online media for dispute resolution Signup and view all the answers

What does the term 'publication' encompass regarding multimedia?

Sound recordings among other forms Signup and view all the answers

What is one of the main objectives of fostering an efficient economic environment in South Africa?

To achieve a more effective and efficient economy Signup and view all the answers

Which of the following statements accurately portrays a focus of the Consumer Affairs Act, 71 of 1988?

It provides for the prohibition of certain business practices. Signup and view all the answers

What is the role of independent institutions as mentioned in the context of economic competition in South Africa?

To monitor economic competition Signup and view all the answers

Which of the following is a definition included within the Consumer Affairs Act?

A benefit can be any prize or advantage of any kind. Signup and view all the answers

According to the objectives described, what is one of the aims related to consumers?

Enable consumers to freely select quality goods Signup and view all the answers

What overarching purpose do the regulatory acts, like the Film and Publications Act, serve?

To classify films and publications for public safety Signup and view all the answers

What is one way the national economy aims to provide equal opportunity to South Africans?

By ensuring fair participation in the national economy Signup and view all the answers

What is a key function of the Film and Publication Board as established by the Film and Publications Act?

To classify films and publications Signup and view all the answers

Study Notes

Competition Act (89 of 1998)

Establishes a Competition Commission for investigating and controlling restrictive practices, abuse of dominant positions, and merger evaluations.
Creates a Competition Tribunal for adjudication of related matters.
Establishes a Competition Appeal Court to handle appeals.
Addresses historical economic disparities caused by apartheid and discriminatory laws affecting ownership concentration and anti-competitive practices.

Film and Publications Act (65 of 1996)

Aims to classify films and publications, establishing a Film and Publication Board and Appeal Tribunal.
Defines “publication” broadly, including printed materials, duplications, drawings, and audio-visual recordings.
Seeks to repeal outdated laws related to film and publication regulation.

Electronic Communications Act (36 of 2005)

Promotes convergence in broadcasting, telecommunications, and broadcasting signal distribution.
Provides a legal framework for electronic communication services and network services.
Mandates the control of radio frequency spectrum and supports the Universal Service Agency.
Aims to balance interests among workers, owners, and consumers for an effective economy.

Consumer Affairs Act (71 of 1988)

Regulates business practices to prohibit or control unfair business conduct.
Defines terms such as "business," "benefit," and "business practice" to encompass a wide array of economic activities.
Excludes practices regulated by competition law from its scope.

External Regulation of Telecommunications Sector

Governed by the ICASA Act (13 of 2000).
Regulates telecommunications companies such as Telekom, Neotel, MTN, Vodacom, and Cell C.

Internal Regulation of Media

Involves organizations like Print Media South Africa, representing newspaper and magazine interests.
Promotes ethical journalism through various mechanisms including the South African National Editors Forum.

South African National Editors Forum

A non-profit organization consisting of editors and journalists committed to freedom of expression and media ethics.
Advocates for representing South African diversity and quality in journalism.

Press Ombudsman and Press Council

Operates as a co-regulatory mechanism for print and online media to resolve disputes between media publications and the public.
Provides impartial adjudication on editorial content disagreements.

State Information Technology Agency (SITA)

Consolidates the state’s IT resources for cost-saving and efficiency in service delivery.
Ensures value for money and promotes best practice in IT for government operations.

Monitoring Institutions for All Media Sectors

Freedom Express Institute (FXI): Promotes freedom of expression and access to information, opposing censorship.
Media Development and Diversity Agency (MDDA): Supports media development, especially among historically disadvantaged communities.

Freedom Expression Institute (FXI)

Founded in 1994 to advocate for rights related to free expression and oppose censorship.
Engages with regional and global networks to promote media freedom.

Media Development and Diversity Agency (MDDA)

Focuses on fostering media diversity and addressing the marginalization of disadvantaged communities.
Aims to enhance media access and ownership for historically disadvantaged and indigenous groups.

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Description

This quiz covers the key elements of the Competition Act, 89 of 1998, which establishes essential bodies such as the Competition Commission and Tribunal in South Africa. It examines the roles and responsibilities of these institutions in evaluating restrictive practices and mergers. Test your understanding of competition law and its implications for the economy.