
Media Policy and Legislation – Closing the gap between standards and practices
The African media landscape is a canvas of contradictions. Exemplary continental and regional standards for freedom of expression, access to information and media regulation are overshadowed by the lack of their national implementation. Governments have underwritten the most elaborate guarantees for media freedom worldwide - only to forget, postpone or sabotage their realization at home.
Even in those countries where the establishment of multi-party democracies during the mid-90ies was followed by corresponding media reforms, the last few years have brought a backlash in terms of media freedom. The liberalisation of air waves and a growing diversity of media emanates purely from economic or technological changes whereas the political will of most African governments to allow criticism, promote open debates and inform their citizenry seems to be waning. The use of defamation laws not the introduction of access to information bills is the dominant feature in the media landscapes of today.

- Journalists demonstrating for their right to freedom of expression
Together with our partners fesmedia Africa remains committed to closing the gap between the principles in agreed African policy documents and the lack of their national implementation. These documents are:
- The Declaration of Principles on Freedom of Expression in Africa (Banjul Declaration) of the African Commission on Human and Peoples’ Rights (2002)
- The SADC Protocol on Culture, Information and Sport (2002)
- The SADC Declaration on Information and Communications Technology (2002)
- The Windhoek Declaration on the Independence of Media (1992)
- The African Charter on Broadcasting (2001)
- New Partnership for Africa’s Development (NEPAD)
Our main partners in this endeavour are the Media Institute of Southern Africa (MISA), the SADC-Parliamentary Forum (SADC-PF), the Southern African Broadcasting Association (SABA) and regulatory bodies like the Independent Communications Authority of South Africa (ICASA) or the National Broadcasting Board (NBB) of Botswana. Policy makers, drawn from Parliaments of SADC countries, have been actively taking part in these joint ventures. FES acts as facilitator of these activities.
In recent years FES has increasingly supported local media organisations and their advocacy campaigns. Through the commissioning of studies (Namibia, 2006) and the support of media organisations during consultative processes fesmedia Africa tries to promote the international media standards and push for the required media reforms.
In addition to these efforts, the Friedrich-Ebert-Stiftung (FES) has provided support and consultancy services:
- for reforms of media legislation and regulation in individual SADC member countries (Malawi, Mozambique, Namibia, Zambia, Zimbabwe)
- for the development of broadcasting policies (Mozambique, Namibia, Zambia, Zimbabwe)
- for the establishment of newly created independent broadcasting regulators (Zambia)
- for the transformation processes of hitherto State Broadcasters into truly independent Public Broadcasters (Zambia, Zimbabwe).
- Also see Public Broadcastingfor establishing media councils or self-regulatory mechanisms and the development of “codes of ethics” all over the continent. Also see Self-Regulation and Media Councils
In most of these countries our programs are pursued in close cooperation with the national chapters of MISA, other advocacy groups, professional media organisations and – where possible and adequate – with parliaments and government institutions.
Essential Reading
- Bussiek, Hendrik and Christel (2004): The Media: Making Democracy work, Tool Box I The Media and the Law, Windhoek:fesmedia
- Bussiek, Hendrik and Christel (2004): The Media: Making Democracy work, Tool Box II Broadcasting Regulations, Windhoek:fesmedia
- African Media Development Initiative (2006): Research summary report, London: BBC World Service Trust
- Berger, Guy (2007): Media Legislation in Africa: A Comparative Legal Survey, Grahamstown: Rhodes University
- Pannos, London (2007) : Mapping declarations and statements on communication for development: Promoting dialogue, debate and change, London : United Kingdom
- SADC Parliamentary Forum , Ebert, Friedrich (2008) : fileadmin/files-fesmedia.org/SADC-P-F-Norms-And-Standards-For-Elections_2001.pdfMedia Legislation Training Manual For SADC Parliaments, Developed by the SADC Parliamentary Forum in collaboration with the Friedrich-Ebert-Stiftung, Windhoek: Namibia

