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. Analysis: Broadcasting legislation has been passed and implemented. However, it falls short of providing a conducive environment for public, commercial and community broadcasting. The Electronic Media Act 2000 sets up the Broadcasting Council, which is supposed ‘‘to co-ordinate and exercise control over and to supervise broadcasting activities”. The chairman and all council members are appointed by the minister responsible for information. The minister has the power to give “directives of a policy nature to the Council regarding the performance of its functions and the Council shall comply with the directions”. This provision and others, such as those on “minimum broadcasting standards”, have been used to take private radio and TV stations off-air. A recent example is the closure of four FM stations during the September 2009 riots (see indicator 1.2). The Electronic Media Act 2000 regulates commercial broadcasting but not the other two sectors – public and community (see indicator 3.12). The National Broadcasting Policy 2004 recognises all these three tiers of broadcasting, but its status remains unclear. The Uganda Communications Act 1997 establishes the Uganda Communications Commission, whose members are appointed by the minister responsible for communications. The minister himself/herself, upon the recommendation of the Commission, grants or refuses licences to “a radio communications station” (Section 34 [1] of the Act). There are allegations that the quality of the frequency allocated depends on bribes and political connections. Licences are said to be declined if there is a suspicion that the radio/TV station could be used by the 44 AFRICAN MEDIA BAROMETER UGANDA 2010