Resolution 631 calls for guidelines to ensure a future-focused policy framework for universal access to public service content in Africa

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Resolution 631 calls for guidelines to ensure a future-focused policy framework for universal access to public service content in Africa

The African Commission on Human and Peoples’ Rights (ACHPR) has mandated the Special Rapporteur on Freedom of Expression and Access to Information in Africa to develop a future-focused policy framework for universal access to public service content in Africa and guidelines for Member States that can assist them in developing such policies locally. Read the ACHPR resolution here. The SOS Support Public Broadcasting Coalition (SOS) is coordinating a series of consultations across the continent in line with the objectives of the ACHPR resolution and in consultation with the Special Rapporteur.

The focus of the resolution is to extend the production, distribution and accessibility of public service content (PSC) beyond what is already available via Public Service Media (PSM). It is not to redefine the role of PSM, but to define the criteria for PSC produced by others.

Public interest content is content that is produced to serve the public interest (eg. news, investigations into corruption, cultural and educational content). Not all such content is served to be available to the whole public (eg. some is behind paywalls).

Public service content is when public interest content is produced as a service to the whole public (rather than as a service for a narrow-closed group of subscribers or closed groups on social media).

Unfortunately, not all content available to the public is public-interest content. Many (so-called) public service broadcasters provide content to the public, but they actually serve more as narrow government mouthpieces rather than advancers of content in the wider public interest. In this case, we cannot really speak of a such content being a publicgood. Advertising is another type of content that although it may be available to the full public on many services, it is content that exists to serve the private, not public, interest.Many platforms (public-owned, community owned, individual owned, tech company owned) do produce public service content in their mix, whether through free-to-air broadcast or through non-paywalled websites. Closed services by definition are not public content services.

Among content producers in the game are:

- Public-owned broadcasters using a range of technologies and platforms.

- Free-to-air private broadcasters using a range of tech and platforms.

- Paywall services such as DSTV and Netflix.

- Online platforms like TikTok, YouTube, Facebook, etc; which offer both free and subscription fee driven content and services.

- Content creators (individuals and independent production companies).

- Social media users who share and comment on content.

Among the types of public interest content are: independent information (esp. news); some types of entertainment; some educational content; some interactive content.

Other considerations for public service content (i.e. public interest content available to all), are: diversity (inclusive of languages and the range of demographics), and content that is universally accessible irrespective of geography or social status.

This understanding can underpin Principles that would accompany Guidelines:

Principles:

1. Public interest content is content that is in the public interest, and is independent of narrow interests.

2. Public interest content is content that provides a platform for the exchange of ideas which is crucial to the development of a democratic culture (SOURCE: ACPHR[1])

3. Public service content is when the public as a whole has access to public interest content.

[1] “Freedom of Expression: Litigating Cases of Limitations to the Exercise of Freedom of Speech and Opinion,” Southern Africa Litigation Centre and Media Legal Defence Initiative, 2016

We would be very pleased to get your input on Resolution 631, kindly fill in the form below.

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1. What core principles should inform Guidelines on public service content (PSC)

2. What changes to governance can get public-owned content service providers to increase their quotient of public interest content, instead of them prioritising content that is only of service to government?

3. What governance changes can get private-owned providers of public service content to increase their quotient of this kind of information?

4. What governance changes can get private providers of paywalled public interest content, to offer a tier of universal and free access to that content? (such as in emergency, crisis, and electoral conditions)

5. What governance changes can get the range of private-owned distributors of content to foster and promote public interest content.

6. What can states do in terms of incentives that can be given to individuals and independent producers to generate more public interest content for distribution across the range of platforms?

7. All content that interests the public is not necessarily content in the public interest. What criteria can define the distinctiveness of content in the public interest?

8. What is the role of tech-platforms, pay-TV, OTT platforms, subscription-only web-based services (in text, audio, and audio-visual) and others in advancing universal access to PSC? (i.e must-carry obligations, prioritisation of PSC )

9. Should PSC producers have specific obligations over and above other publicly-owned institutions producing public interest content?

10. What incentives and for what categories of content producers can increase the supply of PSC, and how to link this to distribution whether by broadcast signal, search, social media, AI services or other means”?

11. How do we go about positioning PSC as a digital public good to ensure the benefit of state support?

12. Do you have any additional input regarding Resolution 631?

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