A research paper commissioned and facilitated by MISA Namibia Martin Buch Larsen Windhoek, Namibia June 2007 This research paper could not have been fi nalized without great help and contributions from people I have come across during my period of researching and writing. In particular I would like to thank Vikitoria Hango and Tuhafeni Ausiku, from MISA Namibia, who have contributed substantially to the initial chapters on international legislation as well as to the chapters on legislation applying to the print media and the broadcasting media. Although I could mention dozens of people that I owe my gratitude, I would like to express my appreciation for the initial input provided by Robin Tyson, University of Namibia, Gwen Lister, The Namibian, William Heuva, Ministry of Information and Broadcasting, Willie Olivier, Polytechnic of Namibia, Eberhard Hofmann, AZ & The Editors Forum, Jan Kruger, The Communications Commission and David Lush from Shirumbu Consulting. These are the names of only a few of the helpful and open minded media practitioners that have contributed to the research for this paper, and my much needed initial orientation in media ownership and legislation in Namibia. With regards to the inputs on media ownership, I have generally enjoyed great feedback and exchange of views and opinions from almost all the different media owners, directors, managers and editors representing the media establishments investigated in this paper. Thank you all for your time and contributions. Finally, I would like to express my appreciation for the lively company of Vikitoria Hango, Marbeline /Goagoses, Matthew Haikali and everybody else assisting and facilitating me at MISA Namibia and the MISA Regional Secretariat. Without your great company, be it on social or work related basis, the period in which the research took place would not have been the same. Once again, I would like to formally thank all who have contributed to the realisation of this paper Martin Buch Larsen Windhoek, June 2007 1 The media environment in Namibia continues to grow and develop with time. Many positive and depressing events have taken place within the Namibian media environment since independence in 1990 – luckily more positive than negative. New media laws have been drafted, old ones amended or repealed while new documents have been implemented with the aim of sustaining and promoting a diverse and strong media landscape in the country. In line with this, the various media sectors, counting the press and print media, the printing & publishing industry, radio and TV broadcasting, the telecommunication industry and the fi lm and video media, have all experienced the rise and fall of a number of media establishments since independence. While some die a natural death, some have closed down due to legal challenges, some due to endless competition from well established media houses and some due to lack of experience and economic accountability to mention a few. In order to get a clear picture of the dynamics impacting on the present and future advance of the Namibian media environment - MISA Namibia has with the assistance of Martin Buch Larsen embarked on a comprehensive research to gather information on media ownership and legislation in The Republic of Namibia from 1990 to 2007 Legislation applying to the Namibian media Among the crucial indicators for media development is the legal framework that is to ensure the future advancement of the various media sectors in the country. The study therefore includes a substantial chapter on all the various legal documents that apply to the Namibian media. The study also includes a number of pre-independence acts that are still in place as well as international protocols and frameworks which apply to the Namibian media environment. In order to get a clear and comparable understanding of the various documents, the author has analysed the acts, policies and protocol according to the following categories, such as, if the documents provide for and/or promote independent regulation, independent media, media diversity, content diversity, freedom of expression, access to information and lastly if the documents conform to international protocols/frameworks and standards. Among the crucial conclusions reached is that Namibia still hosts a number of extremely outdated acts formulated prior to independence, which eventually entails that Namibia is falling incredibly short on conforming its laws to international protocols and frameworks. While numerous acts and policies are in the process of being (re-)drafted, this is certainly a vital obstacle for the development of a healthy Namibian media environment. This added with many other legal shortcomings, such as the lack of access to information legislation and uncertain independence of the ‘national’ media regulator, give substantial space for concern for the future advancement of the Namibian media. Media ownership development 1990-2007 The issue of media ownership development is also a vital component for understanding how dynamics of the media environment in Namibia has changed over time. The study therefore includes a substantial chapter on media ownership development since 1990, and outlines trends which seem to determine and challenge the economic sustainability of the different media establishments investigated. The chapter includes brief presentations of the currently operating media establishments within the press and print media, the printing & publishing industry, radio & TV broadcasting, the telecommunication industry and the fi lm and video media. Each chapter sums up trends and conclusions reached within each of these mentioned media sectors and gives room for suggestions to overcome some of the major challenges and issues exposed in the study. Media ownership and diversity 2007 Lastly, the study also includes a chapter with vast amounts of statistical data on the various media sectors. This chapter gives an easily comparable overview of the various sectors that regards the various content, services, coverage and geographical diversity offered within the different sectors. Of utmost importance, the chapter also includes names of the major shareholders and owners of the various media establishments. These are conclusively divided into a number of categories such as religious/political ownerships, multi ownerships, cross ownerships and lastly international and conglomerate ownerships. Conclusions and recommendations At the very end, the study includes summarizing comments and recommendations from the three chapters – and puts forth ideas to address some of the issues and challenges related to legislation and media ownership exposed throughout the study. 2 TABLE OF CONTENT 4 1. METHODOLOGICAL CONSIDERATIONS 10 1.1 Readers guide 11 1.2 Shortcomings of the study 11 1.3 Data collection 12 1.4 Terms and categories 12 1.4.1 Key areas investigated 12 1.4.2 Media categories 13 1.4.3 Media sub-categories 14 1.4.3 Media ownership categories 14 1.4.4 Summarising media ownership categories 15 2. LEGISLATION APPLYING TO THE NAMIBIAN MEDIA 16 2.1 Introduction 17 2.2 International media legislation 19 Introduction 19 2.2.1 Acts and policies formulated after 1990 20 2.2.1.2 SADC Protocol on Transport, Communication and Meteorology of 1996 20 2.2.1.1 SADC Protocol on Culture, Information and Sport of 2000 20 2.2.1.3 SADC Declaration on Information and Communications Technology of 2001 22 2.2.1.4 African Commission Declaration of Principles of Freedom of Expression in Africa 22 2.2.2 Conclusions and future challenges 23 2.2.2.1 MISA Namibia’s concluding comments 23 2.3 Legislation on media in general 23 Introduction 23 2.3.1 Acts and policies formulated prior to 1990 24 2.3.1.1 Protection of Information Act of 1982 (Act 84 of 1982) 24 2.3.2 Acts and policies formulated after 1990 24 2.3.2.1 Article 21 – Fundamental Freedoms (1990) 24 2.3.2.2 Namibian Information Policy of 1992 24 2.3.2.3 Namibian Communications Commission Act of 1992 (Act 4 of 1992) 26 2.3.2.4 Namibia Press Agency Act of 1992 (Act 3 of 1992) 29 2.3.3 Conclusions and future challenges for media in general 30 2.3.3.1 MISA Namibia’s concluding comments 30 2.3.3.2 Future challenges related to legislation applying to media in general 31 2.4 Legislation on the press and print media 32 Introduction 32 2.4.1 Acts and policies formulated prior to 1990 32 2.4.1.1 Indecent or Obscene Photographic Matter Act of 1967 (Act 37 of 1967) 32 2.4.1.2 Newspaper and Imprint Registration Act of 1971 (Act 63 of 1971) 33 2.4.1.3 Publications Act of 1974 (Act 42 of 1974) 33 2.4.2 Acts and policies formulated after 1990 35 2.4.2.1 New Era Publication Corporation Act of 1992 (Act 1 of 1992) 35 2.4.3 Conclusions and future challenges for the press and print media 36 2.4.3.1 MISA Namibia’s concluding comments 36 3 2.4.3.2 Future challenges related to legislation applying to the press and print media 37 2.5 Legislation on the broadcasting media 38 Introduction 38 2.5.1 Acts and policies formulated prior to 1990 38 2.5.1.1 Radio Act of 1952 (Act 3 of 1952) 38 2.5.2 Acts and policies formulated after 1990 40 2.5.2.1 Namibian Broadcasting Act of 1991 (Act 9 of 1991) 40 2.5.3 Conclusions and future challenges for the broadcasting media 41 2.5.3.1 MISA Namibia’s concluding comments 41 2.5.3.2 Future challenges related to legislation applying to the broadcasting media 42 2.6 Legislation on the telecommunications industry 43 Introduction 43 2.6.1 Acts and policies formulated after 1990 43 2.6.1.1 Post and Telecommunications Companies Establishment Act