SECTOR 3 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. Broadcasting in Malawi is regulated by the Communications Act of 1998, which provides for a three-tier system of public, commercial and community broadcasting. This legislation sets the framework for the MBC to become a truly public broadcaster, although the practical application of this is problematic and it remains a state broadcaster. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.3 (2010 = 4.8; 2008 = 3.9; 2006 = 3.3) 3.2 Broadcasting is regulated by an independent body adequately protected by law against interference whose board is appointed - in an open way - involving civil society and not dominated by any particular political party. The Malawi Communications Regulatory Authority (MACRA) is supposed to be independent in the performance of its functions, according to Section 5 of the Communications Act of 1998, which governs the broadcasting regulatory body. However, the seven members of the MACRA board and its chairperson are appointed by the president, following nominations supplied by the Ministry 38 AFRICAN MEDIA BAROMETER MALAWI 2012