No. 34

Communications

interests of the community, to participate in the selection of the
applicant's programmes;

49

(e) whether the applicant has never been convicted of an
offence under this Act;

(f) the expected technical quality of the proposed content
service, having regard to developments in broadcasting
technology;
(g) the capability, expertise and experience of the applicant;

(h) the financial means and business record of the applicant;
and
(i) any other condition that the Authority may deem necessary.

103. The Authority shall not grant a content licence to any
political party, movement, organization, body, entity or alliance that
is political in nature.
104. A person who is not a citizen of Malawi shall not, directly
or indirectly__
(a) exercise control over content service; or

(b) have a financial interest or an interest in voting shares or
paid up capital in content service licence, exceeding 20 %.
105.__(1) The Authority shall include in the licence of a public
content service licensee designated under section 100 a right of the
licensee to collect appropriate fees from any person who has
equipment that is capable of receiving television programmes, as
approved by the Authority.
(2) A designated public content service licensee shall__

Content
licence not to
be granted to
entities that
are political
in nature
Limitations
on foreign
ownership

Public
content
service fees

(a) upon payment of the appropriate fees, issue a television
licence; and

(b) use the fees exclusively for the purpose of financing public
television services.

(3) A designated public content service licensee may enter into a
commercial agreement with any other entity for the purpose of
collecting fees under this section.

106. A subscription content services licensee shall not acquire
exclusive rights that prevent or hinder the free-to-air broadcasting of
Malawian sporting events of national importance, as may from time
to time be determined by the Authority.

Restriction on
subscription
content
services

Select target paragraph3