SECTOR 3 Broadcasting regulation is transparent and independent; the State broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. The Communications Act of 2009 considers the three-tier system under the licensing Section 84 (2): When different categories of broadcasting licences are determined, the following distinguishing characteristics of the services must be taken into account […] (d)Whether the services concerned are community, commercial or public broadcasting services. In Section 85, 8(h), the Act also explicitly points to the need to give priority to community broadcasters in terms of licensing. However, the effectiveness of the legislation was questioned. What is more, the Namibian Broadcasting Corporation (NBC) as the national broadcaster, does not yet fall under Communications Regulatory Authority of Namibia (CRAN). According to Section 93: (1) Until a date determined by the Minister by notice in the Gazette, this Chapter does not apply to the Namibian Broadcasting Corporation established by Section 2 of the Namibian Broadcasting Act, 1991 (Act No. 9 of 1991), or in respect of the broadcasting activities carried on by that Corporation. Section 89 of the Communication Act also provides for the possibility of CRAN introducing a broadcasting code with enough leeway of turning into statutory regulation and limiting freedom of expression “even if the African Declaration on Freedom of Expression proclaims that self-regulation is the best form of regulation”, noted one panellist. 44 AFRICAN MEDIA BAROMETER NAMIBIA 2015