In terms of the Act, the IBA issues four types of broadcasting licence – commercial, community, religious and public (Section 19), religious broadcasters being an additional category to the three outlined in the SADC Protocol and AC Declaration. Political parties, or legal entities founded by a political party do not qualify for broadcasting licences (Section 19.2). The IBA Act establishes a public broadcasting complaints mechanism (Section 33) that oversees the ZNBC and other broadcasters’ adherence to their respective codes of conduct. The regulator investigates complaints made by members of the public. Tabling the IBA Bill in Parliament in December 2002, Zambian Information and Broadcasting Minister Newstead Zimba said the notions of independent and accountable regulation are central, given the system of patronage that exists in democratic structures in southern 32 Africa . Allowing commercial broadcasters or privatising State-owned broadcasters does not ensure that citizens necessarily have access to a diversity of information sources for their self-development and well-being, Zimba noted. The absence of a clear regulatory framework can stifle the development of more accessible broadcasting services, he said, adding that, in order to be effective, regulatory frameworks had to be independent and impartial. Freedom of Information Bill Zambia is also in the process of introducing access to information legislation, which will have 33 the following objectives : • • • • Establish and define the functions of a Public Information Commission Provide for the right of access to information Set out the scope of public information under the control of public bodies to be made available to the public in order to facilitate more effective participation in good governance Promote transparency and accountability of public officers In defining the right of access to information, Section 1 of the Bill states that: • • • • Everyone has the right of access to information under the control of a public authority Public authorities will make available to the public information under its control Public authorities will ensure public access to meetings and places where information can be obtained Private bodies will make available on request information on the person making the request if “reasonable evidence is shown regarding the purpose of the request”. Sections 13, 14 and 15 lay out the grounds on which a public body can claim exemption from disclosing information. But Section 16 goes on to state that exemption from disclosure would have to be in the “public interest”, and would have to weigh up the benefit or harm of revealing the information with regards the following: • Legal requirements • Crime prevention • Miscarriage of justice • Abuse of authority • Unauthorised or wasteful use of public funds • Dangers to the health or security of members of the public • Environmental protection • The need to improve public participation in and understanding of public policy making. Regardless of any other legal provisions, public employees would have the right to disclose information to the Information Commission (see below) or “any other authority which has power to act upon the information disclosed”, if the information “exposes the wrongdoing of 32 33 Zimba cited in Matibini P (2003): ‘Review of the Independent Broadcasting Authority Act’, p4. This case study refers to the 2002 draft of the Zambian Freedom of Information Bill. Namibia Media Law Audit – report final draft 42