Sector 3: Broadcasting regulation is transparent and independent, the state broadcaster is transformed into a truly public broadcaster 3.1 Broadcasting is regulated by an independent body adequately protected against interference, particularly of a political and economic nature ANALYSIS: Broadcasting in Malawi is regulated by MACRA, which was established by the Communications Act of 1998. The authority is nominally independent. The previous board of MACRA was dissolved by the Courts as illegal for being chaired by a politician. The board’s independence was questionable in its discretional granting of licence to Joy Radio which is owned by a politician and which contravenes the Act. Currently, a disabled person has a radio station in Lilongwe, Pakiso, but which MACRA granted a licence waiver and is, again, a contravention of the Act. The current wrangle of stopping Joy Tv from airing until it applies and acquires a licence is perceived as political interference from the present regime, since Joy Tv is owned by the former State President, Bakili Muluzi, who has had his share of political squabbles with the incumbent Head of State, Bingu Wa Mutharika SCORES: Individual scores: Average score: 3.2 2, 1, 2, 2, 2, 1, 2, 1, 2 1.7 (2006 = 1.8) The appointments procedure for members of the regulatory body is open and transparent and involves civil society ANALYSIS: According to the Communications Act 1998, members of the Board of MACRA are appointed by the State President who uses his own Appointments Committee without the involvement of the public and civil society. SCORES: Individual scores: Average score: 3.3 1, 1, 1, 1, 1, 1, 1, 1, 1 1.0 (2006 = 1.4) The body regulates broadcasting in the public interest and ensures fairness and diversity of views broadly representing society at large ANALYSIS: MACRA has licensed all broadcasters who are mandated to put in place mechanisms for dealing with complaints from the public. Complainants are also encouraged to forward their grievances So This Is Democracy? 2008 -186- Media Institute of Southern Africa