SCORES: Individual scores: Average score: 2.3 2, 5, 4, 4, 5, 4, 5, 5, 5, 3 4.2 (2005 = 3.6) Efforts are undertaken to increase the scope of circulation of the print media, particularly to rural communities. ANALYSIS: Although newspapers are a predominantly urban medium, the three dailies have arrangements in place to deliver a limited number of copies to rural areas on the day of publication. An average 30 copies are being sent to each of the provincial capitals on a daily basis and arrive there by midday at the latest. Because of the distances involved and the low numbers, this kind of distribution means a financial loss to the newspapers. In a Memorandum of Understanding, the privately-owned Post and PAZA (representing state-run dailies) have agreed to distribute one copy each free to rural schools and public libraries. SCORES: Individual scores: Average score: 2.4 2, 4, 3, 5, 4, 4, 4, 4, 4, 3 3.7 (2005 = 2.8) Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. ANALYSIS: The relevant laws, the Zambia National Broadcasting Corporation (Amendment) Act and the Independent Broadcasting Authority Act, were passed by parliament in 2002 and are being enacted. Both pieces of legislation were meant to create a conducive environment for public, commercial and community broadcasting. However, the ZNBC (Amendment) Act has been implemented only in part, with the state broadcaster now collecting licence fees from viewers. This is obviously in the interest of the state which seeks to cut down on its budgetary subsidies to ZNBC. The IBA Act remains completely un-enforced to this day. This means that the political objective of the two acts – the transfer of controlling powers from the state to independent boards – has not been achieved. Appointment committees – consisting mainly of civil society representatives – have duly appointed the members of the boards, but the Minister of Information and Broadcasting Services refused to pass on the names to parliament for ratification, as provided for in the acts. The media associations jointly went to court to force the minister to comply with the act. In 2004, the High Court ruled in their favour, arguing that the state tried to “frustrate” the spirit of the reforms to detach government from the day-to-day running of media. The state appealed and the High Court verdict was overturned on 15 March 2007 by the Supreme Court which argued that the Minister of Information and Broadcasting Services has the power to vet appointments to the boards. This is precisely the authority that the media associations sought to have removed from the Minister. They were unsuccessful with their argument that the intention of the two pieces of legislation, i.e. to remove government’s power over broadcasting, needed to be preserved. As a result of the judgement the Minister might now feel entitled to reject every So This Is Democracy? 2007 -257- Media Institute of Southern Africa