c) enhance service interconnectivity in the region and globally

Likewise, the article on broadcasting emphasises infrastructure, and recognises “the need for
the content or substance” of information carried over this infrastructure “to be dealt with in
another appropriate Protocol”. That other Protocol is, presumably, the SADC Protocol on
Culture, Information and Sport that forms part of this study’s terms of reference.
While acknowledging the convergence of telecommunications and broadcasting technologies,
and the need to strengthen coordination between the broadcasting and telecommunications
sectors, the Protocol further recognised the need to retain “the structural separation between
the operating organisations”.
Therefore, SADC member States recognised not only the need for the development of
communication content (information contained in articles, programmes, web sites etc) to be
dealt with separately from the technology that transmits this content. SADC member States
also recognise the need for bodies regulating telecommunications and broadcasting
technology and content to remain separate. While providing for a coherent approach towards
the development of communications and information flow as a whole, the two SADC protocols
dealing with communication and information require that member States address technology
infrastructure and content separately with regard to legislation, regulation and policy

Remarks
The Declarations and Protocol discussed in this Chapter require a proactive approach from
African governments to create a conducive environment for free expression and access to
information. In particular, the documents also try to address the discrepancies in terms of
communication and access to information between urban and rural people, and marginalized
groups such as women, disabled people and children.
The documents complement each other and should be used in conjunction. For example the
AC Declaration provides substance to many of the principles and concepts in the Protocol,
whereas the SADC Protocol provides important definitions for the interpretation of the AC
Declaration.
According to these documents, the Namibian Government is obliged to consult adequately
with civil society and interest groups in the formulation of policy and the adoption of
legislation. So far consultations have been carried out in a haphazard manner and it would
therefore be advisable for the Government to identify the relevant stakeholders in the media
and communication field, and to formulate a framework for regular consultations.

Namibia Media Law Audit – report final draft

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