another employee or officer of the public authority” (Section 17). The Bill goes on to protect
such whistleblowers, while also stating that a security or secrecy classification could not, on
its own, prevent disclosure of information.
The Bill provides for the setting up of a Public Information Commission to oversee the
implementation of freedom of information legislation (Part II). The Commission would “act as
a conduit for requests for access to information from members of the public” (Section 7), help
members of the public to amend or comment on personal information held by public
authorities, and to review decisions by public authorities relating to access of information
issues. As it stands, the independence of such a Commission, as constituted in terms of the
Bill, may not conform to the provisions of the AC Declaration with regards the issue of
independence, given that the appointment of members of the Commission would be overseen
by an appointments committee constituted by the president. At least one member of the
Commission would be a government representative.
Part IV of the Bill deals with the obligations of public authorities to proactively disclose
information and establish mechanisms for making information available to the public. Part V
lays down procedures for accessing information, while Part VI outlines procedures that allow
members of the public to appeal against decisions taken by public authorities with regards the
release of information. Section 35 gives the Commission authority to enforce provisions of the
Act.

Electronic Draft Communications Bill
In addition to the Independent Broadcasting Authority, Zambia is looking to establish a
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regulator for electronic communications. The Electronic Draft Communications Bill , which
provides for the establishment of this regulator, defines electronic communication as a
“means of communication of information in the form of speech or other sound, date, text or
images, by means of guided and/or unguided electromagnetic energy”. Therefore, Zambia is
separating the regulation of broadcasting from that of telecommunications and ICT services.
Section 3 of the Bill states that “this Act shall not apply to those activities which, by virtue of
the Independent Broadcasting Authority Act, fall within the jurisdiction of the Independent
Broadcasting Authority”.

South Africa
1999 Broadcasting Act
As in Zambia, all of South Africa’s broadcasters – including the national broadcaster, the
South African Broadcasting Corporation (SABC) – fall under the auspices of one broadcasting
regulator. Although initially a separate entity, South Africa’s broadcasting regulator (formerly
called the Independent Broadcasting Authority – IBA) now falls under the Independent
Communications Authority of South Africa (ICASA), which is responsible for regulating both
broadcasting and telecommunications. Nonetheless, the role of broadcasting regulation
remains the domain of a specific department of ICASA. The South African constitution
guarantees the independence of the regulator in addition to the rights of free expression,
media freedom and access to information.
All three tiers of broadcasting – public, commercial and community – are covered in the one
piece of legislation, the 1999 Broadcasting Act. Each sector is addressed one by one in
separate chapters of the Act. The section on the public broadcaster (Chapter IV) contains the
SABC’s Charter, which spells out the objectives of the corporation (Section 8), as well as its
public service mandate (Section 10). Provisions for commercial services provided by the
Corporation are separate to its public service mandate. Section 13 of the Act states that the
President appoints the SABC’s board members on the advice of the National Assembly. The
appointment process requires that there be public participation in the nomination of
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This case study refers to the 2005 draft of the Zambian Electronic Draft Communications Bill

Namibia Media Law Audit – report final draft

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Select target paragraph3