73

SOUTHERN AFRICA PRESS FREEDOM REPORT 2019-2020

the expression and disclosure of information,
including with respect to the sanctions
authorised.

PART II: RIGHT TO FREEDOM OF
EXPRESSION
Principle 10. Guarantee of freedom of
expression
Freedom of expression, including the right to
seek, receive and impart information and ideas,
either orally, in writing or in print, in the form of
art or through any other form of communication
or medium, including across frontiers, is a
fundamental and inalienable human right and
an indispensable component of democracy.
Principle 11. Media diversity and pluralism
1.
State or private monopoly over print,
broadcast and online media is not compatible
with the right to freedom of expression.
2.
State
and
government-controlled
broadcasters shall be transformed into public
service broadcasters, accountable to the public
through the legislature or other mechanism for
public accountability.
3.
States shall take positive measures to
promote a diverse and pluralistic media, which
shall facilitate:
a.
the promotion of free flow of information
and ideas;
b.
access to media and other means of
communication, including by marginalised
groups, linguistic and cultural minorities;
c.
access to non-discriminatory and nonstereotyped information;
d.
access to the media by poor and rural
communities, including by subsidising household
costs associated with digital migration;
e.
The promotion of transparency and
diversity in media ownership;
f.
The promotion of local and African
languages, content and voices; and
g.
The promotion of the use of local
languages in public affairs, including by the
executive, legislature and the judiciary.
Principle 12. Media independence
1.
States shall guarantee the right to
establish various forms of independent media,
including print, broadcast and online media.
2.
Any registration system for media shall
be for administrative purposes only, and shall
not impose excessive fees or other restrictions
on the media.
3.
States
shall
develop
regulatory
environments that encourage media owners
and media practitioners to reach agreements

to guarantee editorial independence and to
prevent commercial and other considerations
from influencing media content.
Principle 13. Public service media
1.
States shall establish public service
media governed by a transparently constituted
and diverse board adequately protected against
undue interference of a political, commercial or
other nature.
2.
The senior management of public service
media shall be appointed by and accountable to
the board.
3.
The editorial independence of public
service media shall be guaranteed.
4.
Public service media shall be adequately
funded in a manner that protects them from
undue interference.
5.
Public service broadcasters shall ensure
that their transmission systems cover the whole
territory of the State.
6.
The public service ambit of public
broadcasters shall be clearly defined and include
an obligation to ensure that the public receive
adequate and politically balanced information,
particularly during election periods.
Principle 14. Private media
1.
States shall promote a diverse private
media as vehicles for the development and
dissemination of a variety of content in the
public interest.
2.
States
shall
encourage
broadcast,
print and online media to publicly disclose all
forms of media ownership and any subsequent
acquisitions or change in ownership.
3.
States shall establish an independent
regulatory body to issue broadcasting licenses
and to oversee the observance of license
conditions.
4.
States shall ensure that licensing processes
for private media are fair and transparent, and
promote diversity in broadcasting by:
a.
mandating full public disclosure of all
forms of media ownership and any subsequent
acquisitions or change of ownership; and
b.
taking preventive measures against the
undue concentration of private broadcasting
ownership, including through non-award of
licenses and non-approval of subsequent
acquisitions or change of ownership.
5.
States shall ensure that the process of
frequency allocation for private broadcasting
use is fair and transparent.
6.
States shall ensure that the process for
the acquisition of broadcasting rights imposes
such conditions as are necessary for ensuring
diversity in the private broadcasting sector.
7.
States
shall
encourage
private
broadcasting services to promote interoperability
of platforms and facilities.

Select target paragraph3