by Thinus Ferreira
Filming of at least one series of a video streaming service, done in Cape Town, has shut down following the SAG-AFTRA actors' strike in the United States with more overseas productions done in South Africa which will follow, while the South African Guild of Actors (SAGA) says they stand united in the fight behind their American counterparts demanding better contracts and working conditions.
American actors have joined writers, who have been striking for 80 days and counting, with three of Hollywood's big three labour unions that are now on strike.
It comes after SAG-AFTRA asked its 160 000 members to strike after the drawn-out negotiation period with the Alliance of Motion Picture and Television Producers (AMPTP) which represents Hollywood's biggest studios and video streaming services like Netflix, expired.
SAG-AFTRA demands structural changes and improvements to the residuals paid to actors by video streaming services - the money actors earn when their work is shown on streamers. SAG-AFTRA also wants regulations to be put in place around the utilisation of generative artificial intelligence (AI) when creating TV shows and films.
"SAGA stands in solidarity with SAG-AFTRA and the Writers Guild of America (WGA)," Jack Devnarain SAGA chairperson told TVwithThinus.
"We are very aware of the issues that they have raised during their negotiations with the streamers. We think that these are critical issues which are of global importance because even in South Africa we are confronted with the same issues."
"American actors are looking for better residual payments for their work on the streaming platforms and very importantly, they are also looking for protection from AI so that their work can't be replicated or co-opted by software programmes. These are some of the big issues that we are facing in South Africa as well," Jack Devnarain said.
"The big difference is that while in the United States those actors have the right to unionise and to engage in industrial action, in South Africa freelancers are not protected by the Labour Relations Act - in fact, we are specifically excluded. It means we may not form a union, or engage in union activities, or to engage in industrial action like going on strike".
"This is an important opportunity in terms of establishing an industry standard around the world," Jack Devnarain said.
"Because the US is such an important engine for creative industry growth and productivity, it means that the issues they are confronted with were always going to reach boiling point much faster than anywhere else in the world. Now we are there."
"The unions in the US have taken a bold and absolutely necessary stance to stop the abuse of performers and writers and to stand for some kind of protection and to guarantee the residuals that need to be paid to performers."
"Of course in South Africa, not only are we denied royalty payments, but we also have the streaming platforms that have come into South Africa and are shamelessly exploiting South African talent while claiming that their business model does not allow for any residual payments."
"We absolutely are in this fight with our American counterparts," Jack Devnarain said.
SA: There will be show suspensions
SAGA said it's knowledgeable of at least one show for a global streaming service that suspended production in South Africa last Friday which is one of the Cape Town-based shows.
Jack Devnarain said that "We are likely to see more of those, and those are necessary suspensions because they are using US talent. Yes, there will be suspensions, and as a result there may be work being diverted towards South African writers, possibly even South African actors."
"There is however no chance that any member of the South African Guild of Actors or the Writers Guild of South Africa would exploit any such opportunity to their benefit."
Netflix South Africa which has the most shows in production in the country of the global streamers on Friday didn't respond to a media query seeking comment about the shuttering of its local shows utilising American talent.
Amazon Prime Video SA which has also started to commission and produce shows in South Africa like LOL: Last One Laughing South Africa which has comedian Trevor Noah as host, also didn't respond to a media query.
SA: Battle for residuals continuing
According to Jack Devnarain the discussion around actor royalties in South Africa "is still very much on the table and following the parliamentary process".
"What we are looking at is the procedural delays that happen when you are engaged in that parliamentary process. Right now the bills are sitting with the National Council of Provinces and we are expecting that in July the provinces themselves will be making their representations on the changes that they have approved on the bills. We expect a final vote from the National Council of Provinces by September."
"With that timeline - in the course of that delay - we are very aware of a very strong lobbying effort that is being conducted by such organisations as the Commercial Producers Organisation of South Africa (CPA), the Independent Producers Organisation (IPO), Netflix and MultiChoice. These are some of the organisations lobbying very strongly against the bills."
