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: Despite the fact that the law provides for an independent regulatory body, the Independent Broadcasting Authority (IBA), the regulator is not in place yet because the Ministry of Information and Broadcasting refuses to pass on the names of board members selected by the Appointment Committee to parliament for ratification. The dispute is currently before the courts. SCORES: Individual scores: 1, 1, 1, 1, 1, 1, 1, 1 Average score: 1 3.2 The appointments procedure for members of the regulatory body is open and transparent and involves civil society. ANALYSIS: The Appointment Committee appointed members of the board of the Independent Broadcasting Authority in an open and transparent manner, involving civil society. However, there is a dispute regarding the role, if any, of the Minister of Information and Broadcasting Services in the process. The case is still in the courts. SCORES: Individual scores: 4, 5, 4, 3, 3, 4, 5, 5 Average score: 4.1 3.3 The body regulates broadcasting in the public interest and ensures fairness and a diversity of views broadly representing society at large. ANALYSIS: Because of the legal limbo the body envisaged by the legislation is not functional yet. SCORES: Individual scores: 1, 1, 1, 1, 1, 1, 1, 1Average score: 3.4 1 The body’s decisions on licensing in particular are informed by a broadcasting policy developed in a transparent and inclusive manner. ANALYSIS: So This Is Democracy? 2005 -273- Media Institute of Southern Africa