DISCUSSION Introduction Namibia’s constitutional guarantee of free expression and media freedom has stood the test of time and the country remains ahead of many countries when it comes to upholding this fundamental right. However, the findings of this study show that – beyond the constitution – the legislative, regulatory and policy mechanisms for enabling all Namibians to enjoy these rights on a day-to-day basis are lacking. The SADC Protocol, together with the AC and ICT Declarations, provide the modern framework for putting in place such mechanisms. Namibia has much to do in order to conform to these contemporary benchmarks, and to re-establish the country’s reputation as a torchbearer of free expression in Africa. Article 144 of the Namibian Constitution requires that Namibia’s laws conform to these benchmarks. Policy framework Namibia’s existing information policy, which dates back to 1991, conforms to few of the provisions of the SADC Protocol and AC and ICT Declarations. The policy has become an anachronism that reflects the laissez-faire approach to free expression and information flow of a by-gone era. The modern African benchmarks, to which Namibia has a legal commitment to meet, show that contemporary thinking in the field of media and communications has moved on a long way in the past decade, and we are now in the era of regulated pluralism, whereby States need to create an enabling environment in which the rights of free expression and access to information are proactively promoted on behalf of all the diverse sectors of society, in particular marginalized groups such as rural communities, women, children and disabled people. Not surprisingly, the communications legislation passed since 1991 does not go far enough in meeting the provisions of the SADC Protocol, and the AC and ICT Declarations. A new, contemporary policy framework is needed to guide the inevitable reform process that needs to be undertaken. The SADC Protocol requires member States to harmonise their media and communication policies, and therefore Namibia needs to undertake a revision of its own information policy as a matter of priority. The Protocol and Declarations on which this study is based provide the framework for such a review. The first step in such a review is catered for in Phase 2 of this study’s terms of reference. And this study provides an initial discussion document for such a review. Access to information Along with free expression, the right to access information are the cornerstones of the SADC Protocol, and AC and ICT Declarations. All citizens need to be able to access information in order participate in, and contribute towards development and nation building. But there is no provision for the right of access to information in Namibian law. Although the right of access to information may be implied in articles 18 and 21 of the Namibian Constitution, there is no explicit provision for this fundamental right in Namibia’s supreme law. As a result, legislation exists that prohibits and hinders access to information, to the extent that the repressive, apartheid-era 1982 Protection of Information Act remains in force. Legislation passed since independence has enforced a culture of restrictive disclosure of information that contradicts the provisions of the SADC Protocol and AU/ICT Declarations. This points to a need for the reform of existing legislation, and the introduction of an access to information law in line with the provisions of the SADC Protocol, and AC and ICT Declarations. Convergence of broadcasting and telecommunications The current information policy makes little reference to the role of new information and communication technologies (ICTs), which have prompted a convergence of the previously separate sectors of broadcasting and telecommunications. And yet, in recent years, this convergence of technology has driven the debate around the reform of Namibia’s Namibia Media Law Audit – report final draft 34