Part One GENERAL REGULATORY ISSUES 1 2 3 4 5 6 7 8 The legal framework for broadcasting should include a clear statement of the principles underpinning broadcast regulation, including promoting respect for freedom of expression, diversity, and the free flow of information and ideas, as well as a three-tier system for broadcasting: public service, commercial and community. All formal powers in the areas of broadcast and telecommunications regulation should be exercised by public authorities which are protected against interference, particularly of a political or economic nature, by, among other things, an appointments process for members which is open, transparent, involves the participation of civil society, and is not controlled by any particular political party. Decision-making processes about the overall allocation of the frequency spectrum should be open and participatory, and ensure that a fair proportion of the spectrum is allocated to broadcasting uses. The frequencies allocated to broadcasting should be shared equitably among the three tiers of broadcasting. Licensing processes for the allocation of specific frequencies to individual broadcasters should be fair and transparent, and based on clear criteria which include promoting media diversity in ownership and content. Broadcasters should be required to promote and develop local content, which should be defined to include African content, including through the introduction of minimum quotas. States should promote an economic environment that facilitates the development of independent production and diversity in broadcasting. The development of appropriate technology for the reception of broadcasting signals should be promoted. Part Two PUBLIC SERVICE BROADCASTING 1 2 3 4 5 6 7 All State and government controlled broadcasters should be transformed into public service broadcasters, that are accountable to all strata of the people as represented by an independent board, and that serve the overall public interest, avoiding one-sided reporting and programming in regard to religion, political belief, culture, race and gender. Public service broadcasters should, like broadcasting and telecommunications regulators, be governed by bodies which are protected against interference. The public service mandate of public service broadcasters should be clearly defined. The editorial independence of public service broad casters should be guaranteed. Public service broadcasters should be adequately funded in a manner that protects them from arbitrary interference with their budgets. Without detracting from editorial control over news and current affairs content and in order to promote the development of independent productions and to enhance diversity in programming, public service broadcasters should be required to broadcast minimum quotas of material by independent producers. The transmission infrastructure used by public service broadcasters should be made accessible to all broadcasters under reasonable and non-discriminatory terms. PART Three COMMUNITY BROADCASTING 1 Community broadcasting is broadcasting which is for, by and about the community, So This Is Democracy? 2008 -298- Media Institute of Southern Africa