1INTRODUCTION - PDF document

1INTRODUCTION 2THE MEDIA AND THE CONSTITUTIONWhat key institutions relevant to the media are established under the Namibian ConstitutionWhat is meant by the ‘three branches of government’ and ‘separation of powers’ 2.1Definition of a constitution2.2Definition of constitutional supremacy MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2500 2.3Definition of a limitations clause2.3.1Internal limitations 2.3.2General limitations 2.4Constitutional provisions that protect the media2.4.1Freedom of expression MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2502 2.4.2Administrative justice2.4.3Privacy 2.4.4Emergency provisions2.4.5Public access to sittings of the National Assembly MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2504 2.4.6State policy principles encourage public debate2.5Constitutional provisions that might require caution from the media or 2.5.1Internal limitations on freedom of expression 2.5.2Dignity2.5.3Privacy MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2506 2.6Key institutions relevant to the media established under the Constitution2.6.1The judiciary2.6.2The Ombudsman2.6.3The Judicial Services Commission 2.7Enforcing rights under the Constitution MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2508 2.8The three branches of government and separation of powers2.8.1Branches of government THE LEGISLATURE2.8.2Separation of powers2.9Weaknesses in the Constitution that ought to be strengthened to protect MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2510 2.9.1Remove internal limitations on fundamental rights and freedoms2.9.2Recognise the right to information2.9.3Provide for an independent broadcasting regulator and public broadcaster3THE MEDIA AND LEGISLATIONmedia, including in respect of state newsgathering, state newspapers and state broadcastingWhat legislation governs the press more generally, both print and broadcast media (state or 3.1Legislation: An introduction3.1.1What is legislation?3.1.2The difference between a bill and an act3.1.3Why do some pieces of old South African legislation continue to be law in Namibia?3.2Statutes governing state media – Newsgathering3.2.1Establishment of the Namibian Press Agency MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2512 3.2.2NAMPA’s main mandate3.2.3Appointment of the NAMPA Board3.2.4Funding for NAMPA3.3Statutes that govern state media – state newspaper3.3.1Establishment of the state-sponsored newspaper3.3.2Main functions 3.3.3Board appointments 3.3.4Funding 3.3.5Is the newspaper independent?3.3.6Weaknesses in the statute that should be amended to strengthen the media generally MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2514 3.4Statutes governing state media: The Namibian Broadcasting Corporation3.4.1Establishment of the NBC 3.4.2The NBC’s mandate3.4.3Appointment of the NBC Board3.4.4Funding for the NBC 3.4.5NBC: Public or state broadcaster? MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2516 3.4.6Weaknesses in the NBC statute that should be amended to strengthen the 3.5Statutes governing media more generally: Registration of newspapers3.5.1Introduction3.5.2Requirements associated with registration 3.5.3Penalties for non-compliance with the registration and associated requirements3.5.4Amending the legislation to strengthen the media generally3.6Statutes governing media more generally: Broadcasting 3.6.1Statutes that regulate broadcasting3.6.2Establishment of the NCC3.6.3Main functions of the NCC MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2518 3.6.4Appointment of NCC commissioners3.6.5Funding for the NCC3.6.6Making broadcasting regulations 3.6.7Licensing regime for broadcasters in Namibia3.6.8Responsibilities of broadcasters in Namibia MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2520 3.6.9Is the NCC an independent regulator? 3.6.10Amending the legislation to strengthen the media generally MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2522 3.7Statutes that undermine a journalist’s duty to protect his or her sources3.7.1Criminal Procedure Act, Act 51 of 1977 3.8Statutes that prohibit the publication of certain kinds of information3.8.1Prohibition on the publication of a minor’s identity in legal proceedingsGENERAL LAW AMENDMENT ORDINANCE, 22 OF 1958 MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2524 CRIMINAL PROCEDURE ACT, ACT 51 OF 19773.8.2Prohibition on the publication of certain information relating to criminal proceedings 3.8.3Prohibition on the publication of identities involved in protection order proceedings3.8.4Prohibition on the publication of information relating to defence, security and prisonsDEFENCE ACT, ACT 1 OF 2002PROTECTION OF INFORMATION ACT, ACT 84 OF 1982 MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2526 PRISONS ACT, ACT 17 OF 19983.8.5Prohibition on the publication of obscene photographic matter3.8.6Prohibition on the publication of advertising on roadsides 3.8.7Prohibition on the disclosure of Bank of Namibia information 3.8.8Prohibition on the publication of racist publications MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2528 4REGULATIONS AFFECTING THE MEDIA4.1Definition of rules4.2The different types of broadcasting licences and media diversity 4.3Restrictions on broadcasters4.3.1News commentary4.3.2Party election broadcasting MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2530 In respect of 60% of the total broadcasting time available for generalelectioneering:Each political party must be given the percentage of broadcast timeequal to the percentage of votes that party obtained in the previouselection.Example: If 100 minutes of broadcasting time are available forelectioneering on a broadcasting service and there are four partiescompeting in the election, then 60 minutes must be divided asfollows: In respect of presidential elections:100% of the total broadcasting time must be divided equallybetween the presidential candidates as follows:531 Name of partyMinutes to be allocated to each party Party A – ruling party10 minutesParty B10 minutesParty C10 minutesParty D – new party10 minutes Name of partyPercentage of votes Minutes to be allocated obtained in to each party out of a previous electiontotal of 60 minutes Party A – ruling party80%48 minutesParty B 10%6 minutesParty C 10%6 minutesParty D – new party0%0 minutes Presidential candidateMinutes to be allocated to the candidate Mr A – sitting president25 minutesMr B – candidate25 minutesMr C – candidate25 minutesMr D – candidate25 minutes 4.3.3Advertising 4.3.4Sponsored programming5COMMON LAW AND THE MEDIA5.1Definition of common law5.2Defamation5.2.1Definition of defamation MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2532 5.2.2Defences to an action for defamation 5.2.3Remedies for defamation MEDIA LAW HANDBOOK FOR SOUTHERN AFRICA – VOLUME 2534 5.3Contempt of court5.3.1The sub-judice rule5.3.2Scandalising the court