• • Parliament (the elected representatives of the public these media serve), or multiparty bodies. All existing and prospective legislation makes regulators and public media accountable to the Minister. Broadcasting content regulations contained in the NCC Act and Draft Communications Bill appear to give priority to commercial considerations with regard to editorial content, and therefore do not provide broadcasters with adequate protection from economic interference in editorial decision making. The scope for political interference created by existing legislation in general, and the punitive measures at the disposal of a politically appointed regulator as contained in the Draft Communications Bill in particular, may cause journalists working for public and private broadcasters to censor themselves. Independence of boards and regulators (see Table 5, Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • • • Proactive regulation, if legislated for carefully and in line with strict guiding principles contained in the Protocol and Declarations, is perhaps the most effective tool for promoting free expression and access to information, particularly with regard to ensuring equity and diversity, and the creation of an enabling environment. The independence of communications regulators, and their protection from political and economic interference is essential. The same goes for the public media. Regulators and public media should be accountable to the public by reporting directly to a multi-party body and to Parliament respectively. The appointment of board members for regulators and public media should be open and transparent. This process should involve civil society and should not be controlled by one political party. The main findings in the analysis are that: • • • • • This is perhaps the area in which Namibia’s legislation contradicts the provisions of the Protocol and Declarations the most. None of Namibia’s media and communications regulators and public media boards is independent, as envisaged in the Protocol and Declarations. None is protected adequately from political and economic interference. In the mid1990s, the word “autonomous” was dropped from the NBC’s mission statement, which the Corporation’s Board had adopted soon after the NBC came into being. The appointment of board members is not particularly transparent, and does not involve civil society, but rather is controlled by Government and, thereby, the ruling party. None is accountable directly to the public as envisaged in the AC Declaration. The three tier separation of power envisaged in the ICT Declaration - whereby government is responsible for creating a conducive national policy framework, independent regulators are responsible for licensing, and “a multiplicity of providers in a competitive environment” are responsible for services – does not exist. Broadcasting (general) (See Table 6, Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • The accessibility of broadcasting in general, and radio in particular - in terms of its reach and its scope for diverse programming and ownership - makes broadcasting essential to the promotion of free expression and access to information. Legislation should recognise three distinct types of broadcasting – private, public and community – each with their own specific needs and requirements. Namibia Media Law Audit – report final draft 25