• ALERT Date: December 16, 2008 Person/institutions: Joy FM/ public Violation/issue: Victory Joy FM station resumed broadcasting on December 16, 2008, 30 days after Malawi Communications Regulatory Authority (MACRA) revoked its broadcasting license for non-compliance with the Communications Act and licence agreements. The resumption of broadcasting followed the Supreme Court of Appeal’s reinstatement of an injunction obtained on October 17, 2008 by Joy FM, which restrained MACRA from revoking the radio station’s broadcasting licence. However, MACRA challenged this injunction and it was struck down by a High Court judge on November 19, 2008. Delivering the verdict in his chamber, Justice Singini said he reinstated the injunction pending a judicial review hearing on the matter. “I must, therefore, consider the judicial review matter as being part of the totality of the circumstances of the case before me,” the judge said. He, however, cautioned Joy FM, saying reinstatement of the injunction was not a licence for wrong-doing in the period pending determination of judicial review proceedings. “The licensee under the act, is under the legal, indeed statutory, obligation at all times to comply with the requirements of act,” Justice Singini said. He also added that as a matter of public interest, the Communications Act represents an important public policy framework, in which he observed that it was important for the licensed service providers to comply with requirements of the law under the act. So This Is Democracy? 2008 -55- Media Institute of Southern Africa