SECTOR 3 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting The Communications Act of 2009, through the establishment of the regulator, makes provision for the three tiers of public, commercial and community broadcasting. Section 84 (2) of the Act states that: When different categories of broadcasting licences are determined, the following distinguishing characteristics of the services must be taken into account […] (d) Whether the services concerned are community, commercial or public broadcasting services. Section 85 (8) (h) of the Act also highlights community broadcasting as a priority area for licensing, ‘However, the question is around implementation and whether CRAN actually promotes community broadcasting.’ Importantly, although the Communications Act provides for the three-tiers, the regulation of the state broadcaster does not fall under the scope of CRAN. In fact, Section 93 of the Communications Act clearly states that: Until a date determined by the Minister by notice in the Gazette, this Chapter does not apply to the Namibian Broadcasting Corporation established by Section 2 of the Namibian Broadcasting Act, 1991 (Act No. 9 of 1991), or in respect of the broadcasting activities carried on by that Corporation. Almost ten years after the enactment of the Communications Act, this date is yet to be determined. As noted in Indicator 2.1, there are several examples of radio stations from each of the three tiers and at least one example of a TV station under each tier. Scores: Individual scores: 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: 38 AFRICAN MEDIA BAROMETER NAMIBIA 2018 ✓ ✓ ✓✓ ✓✓✓✓ ✓✓✓ 3.3 2005: 1.8; 2007: 2.7; 2009: 2.9; 2011: 3.6; 2015: 2.7 ✓