SECTOR 1 1.11 Media legislation evolves from meaningful consultations among state institutions, citizens and interest groups As one panellist remarked, ‘There’s always been consultation, but not always meaningful.’ As per the constitution, legislative power is vested in the National Assembly, which is often seen to make laws without the involvement of the citizenry. The majority of laws have been passed on to parliament by the state itself. The draft Access to Information Bill, which is being drafted by civil society has stalled at various points due to the fact that it did not originate with, nor is driven by, the state. Positively, panellists noted that in the creation of the Communication Act of 2009, parliament consulted extensively and in the process modified and improved the law. That said, several provisions raised during consultation as critical issues for removal from the law – specifically those related to the interception of communications – were maintained in the final Act. Consultation was also conducted during the drafting of the Film Commission Act. However, several key stakeholders (particularly those in the TV and photography fields which are also affected by the Act) were not invited to the consultations. ‘So, the consultations were not broad enough and not as meaningful as they could’ve been in this respect.’ Scores: Individual scores: 20 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator ✓ ✓✓ ✓✓ ✓ ✓ ✓✓ ✓ ✓✓ Average score: Score of previous years: 3.1 2005: n/a; 2007: n/a; 2009: 1.9; 2011: 1.0; 2015: 1.5 Overall Score for Sector 1: 3.1 AFRICAN MEDIA BAROMETER NAMIBIA 2018