SECTOR 1 now two “draft” policies on the table. These have since been merged, and in 2009 there was further consultation on this renewed policy, but panellists were not sure whether civil society’s views had been incorporated into the latest draft. Panellists believed the policy to be somewhere between the ministry and the Cabinet. In2008, government adopted a Communications Policy2 that deals with the regulation of the broadcasting, telecommunications and postal sectors. Again, government held consultations in which civil society participated, but few of their views were incorporated into the policy, panellists said. The policy paves the way for a Communications Act that is bound to have major implications for the broadcasting sector. The act has yet to be passed. The policy states that it aims to establish “the framework for regulation of the telecommunications, broadcasting, and postal sectors.” In so doing, “the Policy will provide the foundation for the adoption of new legislation, the Communications Act of 2008, which will replace the Lesotho Telecommunications Authority Act No. 5 of 2000, as amended (LTA Act), and the Post Office Act of 1979.” In this regard, “the Policy builds on the foundation established by the Lesotho Telecommunications Policy of 1999 and the ICT Policy for Lesotho, adopted in 2005.” The policy envisages that the Communications Act will restructure the Lesotho Communications Authority (LCA) in order to “integrate the regulation of the telecommunications, broadcasting, and postal sectors.” The Communications Policy also outlines measures “to balance independence and accountability” of the LCA, whose board will be appointed by the Minister and approved by the National Assembly. The Minister will appoint the LCA’s chief executive officer based on the recommendation of the Board. The policy states that the Minister will be able to fire the LCA CEO, who will be hired for no more than three years at a time. Although the policy focuses on technological regulation, it also makes provision for the LCA to regulate broadcasting content. In this regard, the envisaged Communications Act will: “Seek to promote freedom of expression, diversity, and the free flow of information and ideas.” However, the law will recognize that - in certain, narrow, clearly defined circumstances - the Government will have authority to impose content restrictions. According to the policy, “The law will make clear the specific circumstances in which content restrictions are justified, and will establish a transparent non-discriminatory procedure that will be followed before any sanction is imposed on an offending broadcaster.” The policy also states that the new Act will establish a broadcasting complaints panel. 2 24 www.lesotho.gov.ls/documents/Final_Communications_Policy_Document.pdf AFRICAN MEDIA BAROMETER LESOTHO 2010 “I was shocked when I heard there was a media policy (the 1997 version)”