SECTOR 3 3.6 The editorial independence of the state/public broadcaster from political influence is guaranteed by law and practiced. The Communications Act of 1998, which establishes the Malawi Broadcasting Corporation, states that the broadcaster is required to offer diverse programming, encourage a diversity of opinions on matters of public interest, reflect the diversity of Malawian culture and, in so doing, ensure respect for human rights, the rule of law and the constitution. Section 2 of 87 guarantees the independence of the MBC, stating that it should: (a) function without any political bias and independently of any person or body of persons; (b) support the democratic process; (c) refrain from broadcasting any matter expressing its opinion or the opinion of its board or management on current affairs or on matters of public policy, other than broadcasting matters; (d) provide balanced coverage of any election; and (e) have regard to the public interest. This legally enshrined independence is generally not practised, however. While under Mutharika, his opponents were not given a voice on MBC, since Banda assumed power a similar approach is being taken, but now in reverse. Thus, the MBC tends to support and promote whichever party is in power, and deny airtime to alternative voices. For example, the current opposition leader, Peter Mutharika, brother of the late president, has not appeared on MBC television since April 2012, when the regime changed. “There is an assumption that this has always been an unwritten presidential directive. It is an unofficial government policy, not to present opponents’ views on the MBC. When government tells MBC staff that the airwaves will be opened up, it doesn’t really mean it. MBC staff are adept at censoring themselves in favour of the ‘powers that be’.” AFRICAN MEDIA BAROMETER MALAWI 2012 43