SECTOR 3

3.2
Broadcasting is regulated by an independent
body adequately protected by law against interference
whose board is appointed - in an open way - involving
civil society and not dominated by any particular
political party.
The regulatory body for the broadcasting industry is the High Communication
Authority (Haute Autorité de la Communication, HAC). Law 003, which created
the Authority, has been in force since its promulgation by the President of the
transitional government on June 22, 2011. For the time being, however, and in
line with the provisions of the transitional constitution, the existing National
Communication Council (Conseil National de la Communication, CNC) continues
to play the role of regulator until the next National Assembly has been constituted
and, in turn, puts the HAC in place. Elections for the legislature are scheduled for
November 2011.
The CNC was created by Law L91/006 and, according to article 1, is organised
as a financially independent legal entity - which shields it from government
interferences. In line with its status as an independent administrative authority,
its budget is provided for by the Finance Act.
Out of the nine members of the CNC, six are appointed for five years and three for
three years. The President of the Republic appoints two of the six longer-serving
members, one of them being the Chairman. The others come from the ranks of the
National Assembly, the Supreme Magistrates’ Council, media professionals, other
staff and post and telecommunications. The remaining three members who serve a
three year are appointed from among cinema owners, printers, bookshop owners,
librarians and archivists.
The HAC is to be composed of 11 members, “one of them being appointed by
the President of the Republic, one by the President of the National Assembly,
one by the Supreme Council of the Judiciary, five by professional associations,
one by the Ministry of Posts and Telecommunications, one by the association
of printers, librarians and archivists, one by the association of film-makers and
photographers”. The HAC President is to be elected by his or her peers under the
supervision of the Constitutional Court.
In the case of the CNC and even more so the HAC, the way members are
appointed does, in the opinion of panelists, safeguard the independence of the
regulator. The question is whether in practice this will protect the body against
outside interference and whether it will really have the means to regulate private
or public media.

AFRICAN MEDIA BAROMETER GUINEA 2011

99

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