State of the media in Southern Africa - 2003 Botswana by BUGALO MARIPE Bugalo Maripe is a Lecturer in Law at the University of Botswana. T he period October 2002 to October 2003 was characterised by significant develop ments, both positive and negative in the media industry, In some cases, the develop ments were imbued with discernible yet covert ambivalence, creating a picture of uncertainty. On the positive front, the Press Council of Botswana was established on the 28 October 2002, through a Deed of Trust registered at the Deeds Registry Office and officially launched on 28 February 2003. The Council became a legal entity with rights and responsibilities and powers to enter into legal relations. Its outstanding features are the powers of the Press Council to act as a self regulating body, regulating the affairs of media practitioners. This includes disciplinary powers over offenders of a code of ethics developed by the media profession and enforced by the Press Council as well as powers to adjudicate over complaints brought by members of the public against members of the media fraternity who subscribe to the code. This is in direct response to Government’s indication of a move to control the private press, especially the printed press in its Draft Mass Media Communications Bill of 1997. The draft has not yet become law after six years largely due to spirited resistance from the media fraternity against its draconian nature. The effect of this resistance was evident at the launch of the Press Council in February 2003, where the Minister of Science, Communications and Technology made an undertaking that the draft bill would be revised, but that the media fraternity should show a commitment to effective self-regulation. The emergence of the Press Council, based on the Deed of Trust should be seen partly as an effort demonstrating that commitment. However, this does not suggest that Government has abandoned the draft bill altogether. Rather, it is still proposing a statutory regulatory scheme, and has invited the media fraternity to submit counter proposals. The Press Council has commissioned a consultancy for this purpose. Thus it could be said, perhaps at the risk of expressing a premature sense of optimism, that to some extent government has opened up to views from the stakeholders in the media. On 31 October 2003, one of the oldest weekly newspapers in the country Mmegi became a daily publication. This move was received with mixed feelings from different quarters. This decision means that Mmegi can now compete with the State owned Daily News, and more so since Government had taken a deliberate decision to commercialise the paper. This position has serious ramifications for the private press, in that it now places the latter at the risk of financial bankruptcy since the advertising rates for the Daily News are not market driven, and production of the paper is made possible through public funds, to which the other papers contribute by way of taxes. By going daily, Mmegi has, whether wittingly or unwittingly tried to minimize this risk. Viewed from this perspective alone, the decision by Mmegi is to be welcomed. The only question is whether this is sustainable. The publishers are optimistic and it is up to every person concerned with democratic values to support in every manner possible, this noble exercise. Another development of state media, concerns the division of the Government Department of Information and Broadcasting (DIB) into two departments. The new departments, effectivemid September 2003, are Broadcasting Services including Radio and Television, and Information Services encompassing printing and publishing, which includes the Daily News and other Government publications like Kutlwano. So This Is Democracy? 2003 23 Media Institute of Southern Africa