UNEVEN AND HAPHAZARD LEGISLATION

The airwaves, or the frequencies for broadcasting, are a public asset. It is therefore incumbent upon national administrations, in line with the decisions of the administrative planning conferences organized by the International Telecommunications Union (ITU), to regulate and allocate their use with the public interest in mind, as well as with fairness and transparency. And general national media policies should meet the same criteria.

Unfortunately, this does not always happen, and the legislation governing community radio is very uneven. In several regions of the world, community radio suffers because current legislation is either non-existent, inconsistent, or basically hostile. This handbook is not the place for an exhaustive description of the legislation country-by-country, but a brief overview of the situation in a few countries world-wide will give a feel for the situation.

MOST PROGRESS IN AFRICA

Many countries in Africa have made good progress in legislating for community radio. This is particularly interesting because, at first sight, it would appear to be a paradox: on the one hand, community radio certainly has a natural role to play in catering to the information needs and interests of the wide

ethnic, cultural, and linguistic diversity present in most African countries; but on the other hand, governments fear that freedom of ethnic and linguistic expression might undermine national unity. It will be remembered that this was partly what brought the Homa Bay community radio experience in Kenya to a premature end in 1984.

However, it seems that the lesson has now been learned about authoritarian suppression of diverse linguistic and cultural expression within a country. This ultimately produces strong resentment and tensions in society. Indeed, even in industrialized countries, the last two decades have seen a change of heart by governments that now try to preserve the traditional linguistic and cultural identity of their minority groups. They have realized that a pluralistic society can also achieve national identity and unity.

This is the case in many parts of Africa too. Since the early 1990s, countries such as Mali, Burkina Faso, Namibia, and South Africa have all embarked on a course of freeing their airwaves and promoting community radio as part of the national broadcasting spectrum, backing the policy with appropriate legislation in most cases.

South Africa’s progress towards new broadcasting policies and community radio legislation is considered exemplary. Some countries have already copied it, and many others could also find it a useful model. It is therefore outlined in the next section.

C ommunity

R adio

Handbook

- UNESC

- Chapt

Broadcasting Legislation in

law, marketing, journalism, enter-

South Africa – an Exemplary

tainment and education. They are

Case

also selected on the basis of their The government of post-apartheid commitment to fairness, freedom

South Africa realized that the of expression, the right of the country’s media could help to public to be informed, openness resolve many socio-economic and accountability. development needs, and at the same time help to build a democratic

Overall Objectives of the

and pluralistic society. But new

Broadcasting Legislation

broadcasting policies and opera- tions would be needed.

Among the main objectives of South Africa’s broadcasting legislation are the following:

An Independent Broadcasting

• Promote the provision of a diverse

Authority

range of broadcasting services on

The first step, taken in 1993, was

a national, regional and local level

the creation of an Independent

which cater for all language and

Broadcasting Authority (IBA), a

cultural groups and provide

juridical body to formulate broad-

entertainment, education, and

casting policy, plan the use of the

information; frequency spectrum, issue licences, • Promote the development of adjudicate in the case of com-

public, private, and community

plaints, and in general regulate the

broadcasting services which are

broadcasting industry. It functions

responsive to the needs of the

independently of the State and of

public;

governmental and political party influences. It is a non-profit entity • Develop and protect a national that is financed partly by the State

and regional identity, culture, and

and partly from fees that it

character;

receives.

• Encourage ownership and

The IBA is run by a Council made

control of broadcasting services

up of seven people appointed by

by persons from historically

the State President. They are

disadvantaged groups;

people with expertise in fields that • Ensure that private and commu- include broadcasting policy, media

nity broadcasting licences are nity broadcasting licences are

* Encourages members of the Licences are not granted to any

from a diverse range of commu-

community served by it, or party, movement, organization,

Western Media Models: a Disservice to Development

nities in the Republic;

persons associated with or body or alliance which is of a politi- promoting the interest of cal nature.

“Broadcasting media have developed into a • Ensure equitable treatment of

such community, to partici- one-way model in Third World countries, political parties by all broadcas-

Readers may wish to browse the

with information, news, and massive doses

pate in the selection and

ting licencees during any election

IBA’s website (http://iba.org.za)

of entertainment flowing from large urban

provision of programmes to

period;

for more details on South African

centres... The uniform prescription designed by the

affluent minority at decision-making level does not • Ensure that broadcasting licencees

be broadcast.

community radio policy, legislation,

address the issues of development, which require a adhere to a code of conduct

* May be funded by dona- and licencing.

local perspective for each county and each acceptable to the IBA.

tions, grants, sponsorship,

advertising or membership community. The concepts and use of the media, fees, or by any combination

ASIA AND INDIA’S

as developed in industrialized societies have not proved conducive to the development needs

of these.

LENGTHY DEBATE ON

of our country.” Categories of Radio Broadcasting 1 COMMUNITY RADIO

The term ‘community’ includes a

The legislation foresees three

geographically founded community The situation in Asia is far less

categories of radio service:

or any group of persons or sector favourable than in Africa, and

• A public service – A service of the public having a specific and India provides a good illustration of provided by the South African ascertainable common interest.

the problems. Nepal and Sri Lanka show ways of solving problems.

Broadcasting Corporation, or by any other statutory body or

All India Radio (AIR) was established

South African Licencing

person that receives revenue

as a state broadcasting monopoly

Arrangements

from licence fees paid by listeners

in 1935 in line with the British

for their receivers.

In keeping with the general and model, the BBC. The debate about

community radio policies outlined breaking that monopoly began

• A private service - Operated

- Chapt

above, the legislation provides more than 30 years ago with the

for profit and controlled by a detailed requirements that must Chanda

Committee

report.

person who is not a public

- UNESC

be met by applicants for commu- Subsequent committees have spe-

broadcasting licencee.

nity radio licences. It also lays cifically recommended decentrali-

• A community service

down the procedures to be follo- zing broadcasting to institutionalize

Handbook

A broadcasting service which:

wed. These are complex and the process of participation and to

adio R

demanding in terms of the detai- meet people’s fundamental right

* Is fully controlled by a non-

led information that is called for. to information. The Supreme

profit entity and carried on

Community radio licences are Court passed a landmark judge-

C ommunity

for non- profitable purposes;

awarded for four-year periods, ment in 1995 declaring that the

* Serves a particular commu- although shorter, temporary airwaves were a ‘public good’ and nity; 27 licences can also be issued. stressing the importance of main-

taining a balance in broadcasting between market (commercial) forces, government monopoly, and meeting the people’s needs and rights to receive and impart information. This judgement opened the door to the granting of licences to local stations for public participation and territorial/sectoral broadcasts, but the legislation necessary to allow this to happen has still not been passed. It seems, however, that it is under prepara- tion at the time of writing.

The main results so far of the decades of debate on the subject has been some decentralization by AIR to ‘local’ stations, and a recent and rapid expansion of commercial stations using FM frequencies belonging to AIR that have been leased to private operators. Some of the AIR ‘local’ stations try to get closer to the community and use community radio styles. But for the most part, these ‘local’ stations merely relay urban-oriented programmes from the national or from regional capitals, rather than pro- ducing locally relevant materials.

Commercial broadcasting is only allowed to provide entertainment. News and current affairs, and even sex education, are banned. Thus, the private FM stations, which have been expanding in response to mar-

ket forces, have created a profile as ‘electronic discos’ for urban youth. 1

A consultation session attended by more than 60 broadcasters, legal specialists, university staff, and development communicators met in Bangalore, India, in September 1996 and signed the Bangalore Declaration urging the government to take steps to legitimatize and promote community radio. So pressure has been building, and there appears to be light at the end of the tunnel.

In Nepal , the Government-owned radio service was the only one broadcasting until May 1997, when Radio Sagarmatha came on air. (See Case Study 2.) Present government policy on broadcasting, which goes back to legislation passed in 1993, favours a mix of government, commercial, and community broadcasting, but even so, it took from 1994 to 1997 before the first community radio licence was awarded to Radio Sagarmatha. Its success has been such that community radio is now set to expand in the country.

In Sri Lanka , another country with

a government-owned broadcasting service, it was this service itself that began community broadcasting in 1983 with Mahaweli Radio, as described in Chapter 1. It later expanded community radio to

cover other parts of Sri Lanka, mainly in support of rural development. However, in mid-1997, a Supreme Court ruling put an end to the government monopoly of the airwaves, and a parliamentary committee was established to pre- pare a new broadcasting bill. This will certainly recognize and promote community radio, for it is a branch of broadcasting that has become well entrenched in Sri Lanka, based on the long experience of Mahaweli Community Radio.

In Asian countries that have essen- tially followed the North American pattern of commercial broadcasting, such as the Philippines , community radio stations often func- tion without licences.

UNEVEN AND HAPHAZARD LEGISLATION