INTRODUCTION Context In the early 1990s, Namibia was at the forefront of formulating progressive media and communications legislation within the SADC region. The Namibian Constitution, passed in March 1990, was one of the first in Africa to specifically recognise freedom of the media as a component of the right to free expression. With the passing of the 1991 Namibian Broadcasting Act, Namibia was then the first Southern Africa Development Community (SADC) member country to give a degree of autonomy to the national broadcaster, which before independence had been the mouthpiece of apartheid colonial rule. The Namibian Government took similar steps concerning the regulation of broadcasting and telecommunications with the passing of the Namibia Communications Commission Act in 1992. This opened up the Namibian airwaves to private broadcasting for the first time, setting a precedent that other SADC member countries were soon to follow. In Blantyre, Malawi in August 2002, SADC Heads of State approved the SADC Protocol on Culture, Information and Sport, which established region-wide standards for promoting free expression and access to information, as well as the operation and regulation of media and communications in member States. At the same Blantyre summit, Heads of State adopted the SADC Declaration on Information and Communications Technology (ICT), which outlined the intent of SADC member States to harness the development potential of communication technology. The Namibian Parliament ratified the SADC Protocol on Culture, Information and Sport in December 2002 and, in terms of Article 144 of the Namibian Constitution, the nd Protocol is binding upon Namibia. Two months previously, in October 2002, the 32 ordinary session of the African Commission on Human and Peoples’ Rights in Banjul, Gambia, adopted the Declaration of Principles of Freedom of Expression in Africa. This serves to define and elaborate on the right to free expression as guaranteed in Article 9 of the African Charter on Human and Peoples’ Rights. Namibia has ratified the African Charter, which, in terms of Article 144 of the Namibian Constitution, forms part of the law of Namibia. The SADC Protocol on Culture, Information and Sport, together with the SADC Declaration on Information and Communications Technology (ICT), and the African Commission’s Declaration of Principles of Freedom of Expression in Africa, seek to enhance citizens’ rights of free expression and access to information, and to ensure that all sections of society benefit from the development potential brought about by advances in communication technologies, and their ability to enhance the flow of information. The protocol and declarations mentioned above are underpinned by the understanding that socio-economic development and the nurturing of democracy are dependent upon the free flow of information, as this allows people to make informed decisions concerning their welfare and the welfare of a nation. In light of these developments, and in accordance with the Namibian Government’s tradition of promoting free expression, the Ministry of Information and Broadcasting has undertaken to conduct an audit of all existing and draft legislation in Namibia in order to assess the compliance of these laws and bills with the abovementioned African standards on free expression, access to information, and their application to the media and communications industry. This is with a view to establishing a basis for a consultative process that will seek to bring existing and new legislation in line with these standards. Objectives The objective of this audit was to review all existing and draft legislation in Namibia in order to assess their compliance with the following SADC and AU standards with regards free expression, access to information, and the function of the media and communication sectors: • The 2002 SADC Protocol on Culture, Information and Sport (hereinafter referred to as the ‘SADC Protocol’) Namibia Media Law Audit – report final draft 5