Mozambique
observe the following principles: transparency in the frequency allocation process; equity and pluralism of different
operators; response to the real needs in
the provision of radio and television service as well as economic sustainability
of such services.
For the materialisation of the proposed
Broadcasting Law, GABINFO launched
a restricted consultation, inviting research institutions to submit technical
proposals for the preparation of a broadcasting bill. Professional organisations
such as MISA-Mozambique and the
National Union of Journalists were not
involved in the process. The Faculty of
Law of Eduardo Mondlane University
was selected for that purpose in May
2009 and began working on the broadcasting bill.
In May 2010, public debates were
launched to discuss the future law. The
draft law by then developed was completely at odds with the Terms of Reference set out in the “ Preliminary Document of the Restricted Group on the
Development of Terms of Reference for
the Radio and Television Law”. What
was presented, was basically a distorted
document devoid of any essence (May
2012).
Until today, Mozambique does not have
a legal framework that regulates broadcasting, an instrument that can establish: an independent regulation system
and body; licensing and transparency
in licensing terms; management and
accountability system for public broadcasting; financing of public broadcasting; a programming system, including
minimum quotas for local content for
the commercial sector; promotion of
community broadcasting. These remain
fundamental issues that the future law
should take into consideration. As a result, the absence of this legal instrument

continues to make a tool out of public
radio and television (Rádio Moçambique and Televisão de Moçambique),
controlled by the government and a
completely unregulated broadcasting
market.

Freedom of Expression and of
the Press
In 2015 there was an alleged violation
of freedom of expression and of the
press that involved economist Nuno
Castel-Branco, who wrote a letter on
his Facebook page criticising the government of the former President of Mozambique, Armando Guebuza; and two
journalists, including the director of the
weekly Canal Moçambique, Fernando
Veloso and the weekly Savana editor,
Fernando Mbanze who reproduced the
letter in their newspapers.
According to the charges, Fernando
Mbanze and Fernando Veloso are accused of the crime of abuse of press
freedom provided for and punishable in
terms of Article 42 paragraph 1 of Law
18/91, of 10 August (Press Law), under Article 46 paragraph 1 of the same
law in conjunction with paragraph 22,
paragraph 1 of Law 19/91, of 16 August
(Law on Crimes against the Security of
the State) and articles 407 and 410 of
the Penal Code. Carlos Nuno CastelBranco is accused of having committed
the crime of defamation, libel and slander against the former President under
Article 22, paragraph 1 of Law 19/91,
of 16 August (Law on Crimes against
the Security of the State), in conjunction
with articles 407 and 410, both of the
Penal Code. The articles of the Law on
Crimes against the Security of the State
were repealed by Article 2 new Penal
Code approved by Law 35/2014, of 31
December.
Various sectors of society, including the

So This is Democracy? 2015

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