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 National Broadcasting Board is established by the Broadcasting Act 2004644. Its organisation and operation are regulated by decree 2006-278 of 23 August
2006. The panel considers that the broadcasting regulator is adequately protected
by law.
Article 27 of the Act establishing the CNCA stipulates that the six-year term of
office of Board members “... can neither be revoked nor renewed”. Other than the
irrevocability of the term of office of its members, the CNCA is independent in
its management as its chair “authorizes the expenditures of the institution” (article
44 of Act 2004-644). The resources necessary for the operation and equipment
of the CNCA are determined by the body itself and submitted to the authorities
for inclusion in the national budget. CNCA receives funding exclusively from
government subsidies and the contributions of frequency authorization holders,
i.e. a maximum of 2.5% of their turnover payable as of their 24th month of
operating the frequency.
Though they recognize that the law protects the CNCA in a number of ways,
certain members of the panel representing civil society are more carefull as to the
involvement of civil society in the nomination of its members. For one of the panel
members however, the sole presence of civil society representatives on the board of
the regulatory body is proof of consultation.
The CNCA is composed of 12 members including a high-level communications
professional appointed by the President of the Republic, two qualified persons
appointed by the Speaker of the National Assembly, a representative of
organisations protecting human rights and a top-level and experienced legal
expert, a magistrate appointed by the Judiciary Council, a person appointed by
the President of the Economic and Social Council, a representative of consumer
associations appointed by the group of consumer associations, a qualified person
appointed by the Minister of Communication, five qualified persons appointed
by professional bodies working in the broadcasting sector including a broadcast
journalist, a professional in radio broadcasting, a professional in television
broadcasting, a media engineer and a telecommunications engineer.
This prompted a panel member say: “it is clear that there is no domination of a
political party”.

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