The two judgments created a dilemma for the National Broadcasting Board. This case serves as concrete proof that Botswana needs a well defined and comprehensive broadcasting policy. In its assessment, the African Media Barometer: Botswana 2007 maintains that the operations of the National Broadcasting Board were “hampered by the absence of a broadcasting policy” - a situation which Judge Walia has summarized thus: The dilemma faced by the [National Broadcasting] Board is easy to see. It has been given duties and responsibilities but not the teeth to implement and enforce. The Multichoice Botswana vs NBB case also lays bare the grave inadequacies of the National Broadcasting Act of 1988 which MISA has discussed elsewhere. An overhaul of this Act has been strongly recommended in other forums. Another incident worth noting here is Mogae’s lambasting of Botswana Democratic Party (BDP) backbenchers who apparently incensed the President when they teamed up with opposition MPs to kindle a parliamentary debate that resulted in the Cabinet’s reversal of its decision to hand over Air Botswana to South Africa’s Airlink in a bid to privatise the airline. In another development possibly linked to this issue, one of the outspoken BDP backbenchers, Boyce Sebetela, resigned as MP towards the end of the year. So towing the party line supersedes the right to freedom of expression, which is protected by Botswana’s Constitution? President Mogae’s heavy-handed reproach of the BDP backbenchers also infringed upon MISA’s vision of the Southern African region in which the media practices freely, and citizens enjoy freedom of expression independent from political, economic, and commercial interests. Other Legislation In 2007 the Minister of Communications, Science, and Technology, Pelonomi Venson-Moitoi presented the Cyber Crime and Computer-Related Bill to Parliament, which was passed without much ado. This law comes as a by-product of fast technological developments in the country. It was adopted consequent to the recent liberalization of IT services which was seen as a positive development as it has provided the public with more access to news outlets. Broadcasting Early in the year the Parliament rejected a draft Broadcasting Bill because it did not fully guarantee transformation of the currently state-owned media. As indicated above the absence of a broadcasting policy gravely impacts upon the role of the NBB. Meanwhile, the state broadcasters in the country still operate without a board. Community radio stations are non-existent. Media Diversity While in the print sector Mahube newspaper folded up apparently due to managerial challenges, the electronic media enjoyed considerable growth in 2007. It is reported that the NBB licensed three nation-wide private radio stations and one subscriber satellite TV channel (the TV channel is expected to broadcast from Gaborone to the rest of sub-Saharan Africa). The stations licensed are, respectively, Yarona FM, Gabz FM, and Duma FM (a new radio station which went on air in December 2007); and MABC TV (new). In addition GTV, a new cable TV channel, rode on Multichoice Botswana’s legal victory and started to operate from Gaborone. In another development GBC TV has reportedly sold some shares to e-TV, a South African satellite service; and GBC is expected to restructure its operations soon. So This Is Democracy? 2007 -24- Media Institute of Southern Africa