• • registration fee on The Namibian newspaper as a way of trying to make registration difficult for the paper, which was critical of the authorities. However, the courts overruled the authorities, stating that registration fees should not be prohibitive. Nonetheless, the law does permit the Minister to prescribe registration fees and to make regulations for the procedures of registration. But currently these fees and procedures are not restrictive, and therefore appear to conform to the AC Declaration. Continued reference in the Ministry of Information’s publications registration form to what appears to be the 1950 Internal Security Act is worrying, although the law may no longer be in force. Training (see Table 14, Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • Through the SADC Protocol, SADC States have agreed to strengthen the training of media workers as a way of enhancing free expression and the free flow of information The ICT Declaration presumes that, for technology to be effective, people need to know how to use it. The main findings in the analysis are that: • The only provision for training found in existing legislation was in the Film Commission Act, which provides that the Film Commission may disburse money from the Film and Video Development Fund for the purposes of training. Resources (see Table 15, Appendix 3) The main principles of the Protocol and Declarations with regard to this theme are as follows: • • States need to allocate the necessary resources – money and expertise – to ensure that the rights to free expression and access to information are actively promoted, as is required in the Protocol and Declarations. In particular, this is the case in promoting the development of media and communication infrastructure. However, these resources should be used to create an enabling environment, and not used as a means for controlling and influencing communication. In this regard, the AC Declaration states that States should not use their power over the placement of public advertising as a means to interfere with media content. The main findings in the analysis are that: • • • • State funding is usually direct to State and public media institutions, rather than via independent mechanisms, and thus runs the risk of acting as a tool for control and influence, rather than for promoting free expression and access to information. This relates to the lack of independence of such bodies and institutions (see ‘Independent Boards and Regulators’ above) The Universal Service Fund envisaged in the Draft Communications Bill, which would have a mandate to proactively promote access to telecommunications, particularly in rural areas. However, the fund would fall under the communications authority that, as the Bill currently stands, would not be independent. No such provision for similar funds, independent or otherwise, exists for other sectors of the communications industry. The Film and Video Development Fund is established in terms of the 2000 Namibia Film Commission Act, and seeks to develop the Namibian film and video industry. However, again the Fund resides under a regulatory body that is not independent. In December 2000, the Cabinet instructed Government ministries not to advertise in The Namibian newspaper as a result of the newspapers perceived anti-Government Namibia Media Law Audit – report final draft 32