Broadcasting Policy is approved, as the draft policy stresses the need for the broadcasting 31 regulator to be independent in line with the principles set out in the AC Declaration . Zambia 2002 Zambian National Broadcasting Corporation Amendment Act This Act placed the regulation of the country’s national broadcaster, the ZNBC, under a newly-established Independent Broadcasting Authority (IBA – see 2002 Independent Broadcasting Act below), which was established to regulate all broadcasters. The ZNBC Amendment Act also took steps towards making the ZNBC more independent. This it did by putting in place new procedures for the appointment of the ZNBC’s board, whereby the Minister appoints Board members on the recommendation of an Appointments Committee, and making the Minister’s final appointments subject to ratification by the National Assembly (Section 4). The Appointments Committee oversees the nomination of candidates for the board, a process that requires public participation in the nominations, and for short-listed candidates to be interviewed in public. The Appointments Committee is made up of representatives of a cross-section of civil society groupings as well as a representative of the Ministry of Information and Broadcasting. The Act further states that the Board “shall not be subject to the direction of any other person or authority”. Section 7 of the Act goes on to outline the functions of the ZNBC, and thereby goes some way towards defining the public service mandate of the Corporation. These functions include: • • • • • • • • Providing varied and balanced programming for all sections of the population Serving the public interest Contribute to the development of fee and informed opinions and as such constitute an important element of the democratic process Reflect, as comprehensively as possible, the range of opinions and of political, philosophical, religious, scientific and artistic trends. Reflect and promote Zambia’s national culture, diversity and unity Respect human dignity and human rights and freedoms and contribute to the tolerance of different opinions and beliefs. Broadcast news and current affairs programmes which must be comprehensive, unbiased and independent, as well as commentary which shall be clearly distinguished from news Promote productions of Zambian origin Mechanisms for implementing these guiding principles are addressed in the IBA Act with regards licensing requirements and the drawing up of a code of conduct, to which the ZNBC, is subject (Section 33 of the IBA Act). Minimum requirements for such a code of conduct are set out in the IBA Act, which allows the IBA to make provisions within the ZNBC’s licence that protect the rights of children, and require the broadcaster to be objective. 2002 Independent Broadcasting Authority (IBA) Act Like the ZNBC Amendment Act, the IBA Act states that the regulator “shall not be subject to the direction of any other person or authority” (Section 6), and puts in place a procedure for appointing board members that mirrors that of the ZNBC Amendment Act, whereby an Appointments Committee puts its nominations to the Minister (Section 8), who in turn gets final ratification from the National Assembly (Section 7.2). Furthermore, in terms of the Act, the regulator may be allocated funds by Parliament (Section 39), but not directly by the Ministry of Information and Broadcasting, thereby providing further public accountability as well as financial independence to the authority. 31 National Broadcasting Policy – Draft November 2003, p18. Namibia Media Law Audit – report final draft 41