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Steve Buckley I Kreszentia Duer I Toby Mendel I Sean 6 Siochn.1 with Monroe E. Price and Marc Raboy

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Broadcasting, Voice, andAccountability

A Public Interest Approach to Policy, Law, and Regulation

Steve Buckley • Kreszentia DuerToby Mendel • Seán O Siochrú

withMonroe E. Price • Mark Raboy

The World Bank GroupWashington, DC

Copyright © 2008 by The International Bank for Reconstruction andDevelopment, The World Bank GroupAll rights reservedPublished in the United States of America byThe World Bank GroupManufactured in the United States of America

c Printed on acid-free paper

2011 2010 2009 2008 4 3 2 1

No part of this publication may be reproduced, stored in a retrieval system, ortransmitted in any form or by any means, electronic, mechanical, orotherwise, without the written permission of the publisher.

A CIP catalog record for this book is available from the British Library.

ISBN-13: 978-0-8213-7295-1 (cloth : alk. paper)

The World Bank has long recognized the role that media play indevelopment. It has done so through advocating the importance of anindependent press; providing training for journalists; and offeringtechnical and financial assistance to commercial media organizationsthrough its private sector arm, the International Finance Corporation(IFC). At present, there is an intention to broaden the focus to includebroadcast media. With this guide the World Bank Institute seeks tosupport the development of an independent and diverse broadcast-ing sector that can contribute to the public interest.

Of paramount importance is the policy, legal, and regulatoryframework that influences the shape, content, and social impacts ofthe broadcasting sector as a whole. This is the subject matter of thecurrent guide. It includes not only protection of basic freedoms of ex-pression, but also issues such as the structure and functioning of reg-ulatory bodies, management of the radio-frequency spectrum, andlicensing requirements that enable broadcasting diversity. Goodpractices from a wide range of countries are included. The enablingenvironment for broadcasting has significant consequences for gov-ernance and accountability: It can enable people in the developingworld to become informed and empowered, or not.

Radio broadcasting can be very accessible, even for illiterate andsemiliterate people in remote locations. It can influence people’s un-derstanding of their context, interests, and view of themselves. In themany places where listening to the radio is a group activity, its contenteasily provokes comments and discussion. Often issues that previouslycould not be discussed become permissible as people refer to what theyhave heard. The social impacts can be pervasive and profound.

Broadcasting also provides platforms for publicly airing concerns,raising questions with experts on the air, and solving problems. Com-munity radio programs, for example, often involve the whole listen-ing audience in discussing matters important to them, in their locallanguages. This in turn strengthens people’s ability and confidence in framing and analyzing issues, engaging in informed debate, andpressing local officials for actions. This process helps people to

Foreword

identify and grasp opportunities, address collective problems, and re-sist manipulation. It also strengthens people’s resolve to make theirgovernment accountable and strengthens their outspokenness againstabuses. From Ghana to Indonesia, groups have gone “on the air” andnamed officials who have stolen public funds or not delivered a long-promised road—and they have seen an active response. Such publiccondemnation makes officials change their calculus of their preroga-tives and their responsibilities.

Broadcasting is a potent vehicle for scaling up and embeddingcivic engagement in the life of poor constituencies in developingcountries—and in the expectations of government officials.

Freedom of information and expression and a robust mix ofbroadcasting ownership and uses—commonly referred to as commer-cial, public service, and community broadcasting—are criticallyimportant to develop and sustain an informed, engaged society. Withthis book, we show that improving the enabling environment for thebroadcasting sector is important development terrain, where country-specific analysis and assistance are long overdue.

Rakesh NangiaActing Vice President, World Bank Institute, 2001–2007

iv Foreword

Broadcasting, Voice, and Accountability: A Public Interest Approach toPolicy, Law, and Regulation has been under discussion and developmentsince 2003. It is an outgrowth of the World Bank Institute’s programsupporting Civic Engagement, Empowerment, and Respect for Diver-sity (CEERD), including Voice and Media Development. Over time, ithas also benefited from collaboration with experts in fields of gover-nance and accountability in developing countries, developmentcommunications, and telecommunications policy. Government offi-cials and nongovernmental stakeholders have used iterative drafts tosupport their analyses of broadcasting policy and regulation in a num-ber of developing countries and to inform their reform proposals.

In the first instance, the project received financial support fromthe Office of the World Bank President, James D. Wolfensohn(1995–2005). Since then, it has received grants from the WorldBank–Netherlands Partnership Program, the Canadian InternationalDevelopment Agency (CIDA), and the Beaverbrook Foundation.

Kreszentia Duer, New Business Development Leader at theWorld Bank Institute and manager of the CEERD Program, initiatedthe guide project in an effort to promote the integration of media andbroadcasting policy into the development field. From the outset theguide has been structured to present good practices from around theworld in a coherent policy landscape that could significantly improvegovernance, communications access, and opportunities for disadvan-taged peoples. To this end, Duer formed and led the team; shaped theguide’s relevance to development issues, policy, and practice; andguided the project to completion. At several stages she invited peerreviews to ensure that the guide would reflect a collective perspectiveof senior specialists in diverse parts of the World Bank and among abroad range of international experts.

Steve Buckley, President of the World Association of CommunityRadio Broadcasters, and Toby Mendel, Law Programme Director ofArticle 19, built on extensive work they and others have done in thefield to research and write much of the substance of Parts II and III ofthis guide. Without their efforts, and Steve Buckley’s commitment to

Chapter Title v

Acknowledgments

this project from the outset, the guide would not have been possible.Seán O Siochrú, founder of and spokesperson for the Campaign forCommunication Rights in the Information Society and a Director ofNEXUS Research, heroically produced the final edited version of thetext, with considerable new material in Part I. Craig Hammer(CEERD Program, The World Bank) authored the guide’s bibliograph-ical annex and greatly facilitated the publication of this guide.

The project’s expert advisers, Professors Monroe E. Price (Director ofthe Center for Global Communication Studies [CGCS] at the AnnenbergSchool for Communication, University of Pennsylvania) and MarcRaboy (Beaverbrook Chair in Ethics, Media and Communications atMcGill University), came on board in April 2006. The Bank contractedCGCS to act as consultant in bringing the project to fruition. SusanAbbott, Senior Research Coordinator at CGCS, was indispensable insteering the consultancy process. The project also gained valuable assis-tance from Sylvie Beauvais and Libby Morgan at the CGCS. The adviceand consultation provided by the Annenberg School and McGill providedthe World Bank Institute (WBI) and the guide’s authors with creative in-put and critical reflection necessary to bring the guide to completion.

This guide benefited greatly from four stages of internal and externalpeer reviews and roundtable discussions. These occurred, first, at theearly stages of conception; second, at a conference to review the full man-uscript at Cherkley Court in the United Kingdom, which was followed bysubmission of expert papers from participants; third, at the World Bank’sformal peer review and decision meeting on the economic and sectorwork manuscript; and fourth, at the external peer review requested bythe publisher. We would like to acknowledge those involved, as follows.

Peer reviewers from within and outside the World Bank con-tributed thoughtful and helpful comments at the very early stagesof the guide’s conception. Our thanks go to Tim Carrington (SeniorCommunications Officer, Africa Region, The World Bank), Linn Hammergren (Senior Public Sector Management Specialist, PovertyReduction and Economic Management, The World Bank), Gary Reid(Lead Public Sector Management Specialist, Poverty Reduction andEconomic Management, The World Bank), Rick Stapenhurst (SeniorPublic Sector Management Specialist, Poverty Reduction and EconomicManagement Division, The World Bank Institute), William Ascher(Donald C. McKenna Professor of Government and Economics,Claremont McKenna College), Peter Erichs (Development Cooperation

vi Acknowledgments

Program Officer, Media and Culture Division, Swedish InternationalDevelopment Cooperation Agency), Damien Loreti (Professor of So-cial Sciences, the University of Buenos Aires), Tunde Oladunjoye Fagb-hunlu (Barrister and Executive Director, Center for Media Education andNetworking, Nigeria), Gloria Sánchez (Consultant, France), SomkiatTangkitvanich (Research Director, Thailand Development ResearchInstitute), Giles Tanner (General Manager, Australian BroadcastingAuthority), Sahr Kpundeh (Senior Public Sector Specialist, The WorldBank Institute), Rick Messick (Senior Public Sector Reform Specialist,Public Sector Reform and Governance Department, The World Bank),and Guenter Heidenhof (Lead Public Sector Specialist, Africa PublicSector Reform and Capacity, The World Bank). Thanks also to LotySalazar (Information Officer, Operations Solutions, The World Bank)and Isabelle Bleas (Senior Operations Officer, Sector and ThematicPrograms, The World Bank Institute) for their support.

A key moment in structuring and deepening the manuscript was theconference on Media, Voice and Development held at Cherkley Court inSurrey (UK) on July 12, 2006. Organized by McGill and Annenberg inpartnership with the Beaverbrook Foundation, this conference broughttogether twenty international experts to discuss and provide feedback ona preliminary version of the guide. We thank the Beaverbrook Founda-tion for generously hosting the conference, as well as Dean ChristopherManfredi (McGill Faculty of Arts) and Camilla Leigh (McGill DevelopmentOffice) for their support. In addition, we thank the following people fortheir contributions at the workshop: Mavic Cabrera-Balleza (Senior Pro-gram Associate, International Women’s Tribune Centre); Peter de Costa(Consultant, London); Stuti Khemani (Economist, Development Re-search Group, World Bank); Elizabeth McCall (Civil Society and Accessto Information Policy Adviser, Oslo Governance Centre, United NationsDevelopment Programme); Lumko Mtimde (Chief Executive Officer,Media Diversity and Development Agency of South Africa); Jamal Ed-dine Naji (UNESCO Chair in Public and Community Communication,Institut, Supérieur de l’information et dela Communication, Morocco);Paikiasothy Saravanamuttu (Executive Director, the Center for Policy Al-ternatives, Sri Lanka); Diana Senghor (Director, the Panos Institute ofWest Africa); James Deane (Head, Policy Development, BBC World Ser-vice Trust and former Managing Director of the Communication for So-cial Change Consortium); and Karin Wahl-Jorgensen (Senior Lecturer,Journalism Studies, Cardiff University).

Acknowledgments vii

Based on the feedback received at the Cherkley conference, CGCScommissioned a number of focused papers on a range of topics from academic specialists, policy experts, and nongovernmental organiza-tions active in the sphere of media and development. Their contribu-tions have informed the guide and improved it immeasurably. Inaddition, we would like to thank the following for their advice, input,and recommendations: Dieter Zinnbauer, Lumko Mtimde, DamianLoreti, Stefaan Verhulst, Elizabeth McCall, Pippa Norris, Birgitte Jallov,Alfonso Gumucio Dagron, Mavic Cabrera-Balleza, Sally Burch, AmmuJoseph, Kandji Katira, Jamal Eddine Naji, Tarlach McGonagle, KateCoyer, Mark Whitehouse, Drusilla Meneker, Ivan Sigal, Diane Senghorand her team at Panos West Africa, Patrick Butler, Luis Botello and ICFJ,Karin Wilkins, Jan Servaes and Folker Hanusch, Arne Hintz and Stefa-nia Milan, Paul Falzone and Antonio Lambino, David Page and WilliamCrawley, Sawsan Zaidah, Uwe Hasebrink, Nick Couldry, and Ruth Teer-Tomaselli (UNESCO Chair in Communication for Southern Africa, Cul-ture, Communication and Media Studies, University of KwaZulu-Natal).Gustavo Gomez (Legal Director, AMARC Latin America) also provides in-valuable insights on the community broadcasting section of the manu-script, which were reflected in subsequent drafts.

With the benefit of their input, the authors revised the manuscriptand prepared it for the World Bank’s formal peer review in Washington,DC, on January 29, 2007. The peer review process was thorough and en-gaged and marked a watershed as the first time senior specialists fromall key departments in the World Bank collaborated to shape how theBank should approach media and broadcasting policy reform as a main-stream development issue. This enabled the publication to reflect acollective perspective. In addition to the book’s authors and advisers, thefollowing people attended the meeting and deserve special thanks fortheir thoughtful comments: Michele de Nevers, Chair (Director, Sectorand Thematic Programs, The World Bank Institute), StutiKhemani, Gareth Locksley (Senior Telecommunications Specialist, Pol-icy Division, IBRD Telecommunications and Information, The WorldBank), Adesinaola Odugbemi and Paolo Mefalopulos (Senior Commu-nications Officers, Development Communication, the World Bank), RickMessick, and Mark Nelson (Senior Operations Officer, Sector andThematic Programs, The World Bank Institute). Michele de Nevers pro-vided excellent stewardship of this peer review process. The written com-ments of the forenamed reviewers, as well as those of Roumeen Islam

viii Acknowledgments

(Manager, Poverty Reduction and Economic Management, The WorldBank Institute), Sahr Kpundeh, and Guenter Heidenhof, were of greatassistance in shaping the final manuscript.

Finally, the publisher commissioned an external peer review ofthe approved manuscript that resulted from the World Bank’s inter-nal peer review. Our special thanks go to the two formal external peer reviewers of the final manuscript, Professor Ruth Teer-Tomaselli andJames Deane. These two reviewers authorized the Press to revealtheir identities after the reviews were completed in order to providefurther feedback. Their helpful comments and critical reflectionswere invaluable. The guide’s publication team would also like tothank Bruce Girard (Founder, Agencia Informativa Púlsar and formerResearcher at the Delft University of Technology) for his reviews andcontributions to the final manuscript.

We would also like to note our appreciation to the University of Michigan Press, in particular, Phil Pochoda (Director, University ofMichigan Press) and Alison Mackeen (Acquiring Editor, University ofMichigan Press), for their collaboration and their interest in publishingthis guide with the World Bank and including it in the series The NewMedia World. The publication of this book by The World Bank and theUniversity of Michigan Press enables us to reach both the broad inter-national development community and expert-practitioners in the com-munications field, who will be important in helping to interpret andshape media policy as a significant development concern.

Acknowledgments ix

Chapter Title xi

Introduction 1

PART I Governance, Broadcasting, and Development 5

CHAPTER 1 Governance, Development, and Media 6In the Public Interest 6Media and Governance 9Media beyond Governance 15Key Features of Communication and Media 19The Wider Environment 23Normative Underpinnings and an Emerging International

Consensus 26

CHAPTER 2 Broadcasting Sectors and Types 30A Focus on Broadcasting 30Basic Broadcasting Types 35Opening the Range of Broadcasting Types 43

CHAPTER 3 Regional Broadcasting Characteristics and Trends 48

The Media Environment Regionally 48Region by Region 51Conclusion: An Emerging Paradigm 68

PART II The Enabling Environment for Media 75Overview 76

CHAPTER 4 Guarantees of Freedom of Expression 78Good Practice Checklist 78Introduction 78Guarantees of Freedom of Expression 80Guarantees of Freedom of the Press/Media 82Direct Applicability of International Law 84

Contents

CHAPTER 5 Enabling Access to Information 87Good Practice Checklist 87Introduction 88Constitutional Guarantees of Access to Information 91Principle of Maximum Disclosure 92Proactive or Routine Disclosure 94Narrow Regime of Exceptions 96Good Process Guarantees 99Right to Independent Review of Refusals to Grant Access 101Protection for Whistle-blowers 103Promotional Measures 104

CHAPTER 6 Use and Misuse of Defamation Law 107Good Practice Checklist 107Introduction 108Who May Sue 109Criminal Defamation 111Proof of Truth 113No Special Protection for Public Officials 114Opinions 116Defense of Reasonable Publication 118Redress 121

CHAPTER 7 Content Rules and Limits to Free Speech 123Good Practice Checklist 123Introduction 123Constitutionally Authorized Limitations on the Right to Freedom

of Expression 124General Principles of Content Restrictions 126National Security/Public Order 127Hate Speech 129Obscenity 131Protection of the Administration of Justice 133False News 136Political Expression/Elections 138

CHAPTER 8 Regulation of Journalists 141Good Practice Checklist 141Introduction 141Absence of Licensing and/or Registration Requirements 143

xii Contents

Contents xiii

Self-Regulation 145Protection of Sources 146Right of Correction/Reply 150

PART III Promoting Plural and Independent Broadcasting 153

Overview 154

CHAPTER 9 Regulation and the Government Role 156Good Practice Checklist 156Introduction 157Threats to Independence 158An Independent Regulatory Body 160Powers and Duties 162Appointment of Members 164Transparency and Consultation 166Public Accountability 168Funding Arrangements 169

CHAPTER 10 Regulating Broadcast Content and Distribution 171

Good Practice Checklist 171Introduction 172Positive Content Rules 173Content Restrictions and Codes of Conduct 177Sanctions 179Spectrum Planning for Broadcast Services 182Must-Carry Rules 185Public Access Channels 186

CHAPTER 11 Public Service Broadcasting 189Good Practice Checklist 189Introduction 190Status and Independence 193Duties and Responsibilities 194Governance 197Membership of the Governing Board 199Director General 201Funding 203

CHAPTER 12 Community Nonprofit Broadcasting 206Good Practice Checklist 206Introduction 207Recognition and Differentiation 209Definition and Characteristics 212Licensing Process 215License Terms and Conditions 217Funding and Sustainability 220Public Funding 222

CHAPTER 13 Commercial Private Sector Broadcasting 227Good Practice Checklist 227Introduction 228Regulation 230Licensing Process 232Rules on Concentration of Ownership 234Rules on Foreign Ownership 235Public Service Requirements 236Public Grants, Subsidies, and Advertising 238

Epilogue: Information Needs and Development Options 240The Research Agenda 240Options for Development Assistance 244Convergences: Fostering Accountability, Engaged Societies,

and Collective Leadership 259Key Policy Reforms 262

Bibliographical Annex 267

Index 381

About the Authors 401

xiv Contents

In the foothills of the Himalayas, 100 kilometers north of the birthplaceof the Buddha, is the Nepali village of Madanpokhara. It is a long walkfrom the nearest road. A dirt track winds up the hillside and into thevillage, passing homes and small outbuildings, temples and teahouses,workshops and stores. Beyond the village center a narrow path leadsthrough the woods to the hilltop, where a white brick building sitsclose to a tall red mast. This is the home of Radio Madanpokhara.Inside is a simple radio studio, powered by solar batteries and abackup generator. A team of local producers, broadcasting in Nepaliand other local languages, mobilize community participation in pro-gramming that is informative and educational as well as entertaining.Radio Madanpokhara broadcasts across a rural agricultural commu-nity in which few people have access to electricity or a telephone. Yetalmost every household now has a radio receiver, and the radio, withits network of listener clubs and district correspondents, has becomethe principal means of local communication and discussion of localdevelopment. According to an independent listener survey,1 RadioMadanpokhara, on the air since April 2000, contributes to improvedagricultural techniques and a reduction in social discrimination, raisesawareness of the rights of women, and improves access to news and in-formation. It is also a voice for peace, dialogue, and democracy in theface of conflict and political turmoil.

Radio Madanpokhara is just one of thousands of broadcast servicesworldwide whose contribution to development is both measurable andsignificant and whose emergence has been a product of political reform

Introduction

1Guragain, Prospects for Promoting Equality, Development and Social Justice through FM Radio(Kathmandu: MS Nepal—Danish Association for International Co-operation, 2005).

and of democratic social change. This guide, Broadcasting, Voice, andAccountability: A Public Interest Approach to Policy, Law, and Regulation,was written to illuminate the issues and their impact on civic societysuch as this. The growth of media, giving a voice to excluded people inmost countries and in all regions of the world, and the media’s emerg-ing influence in the global struggle against poverty and social injustice,stimulated the production of this guide. A free, independent, and plu-ralistic media environment, offering the means and incentives for thewidest participation, can have a profound influence on people’s oppor-tunities to access information and services, to understand and be able toexercise their rights, to participate in decisions that affect their lives, andto hold to account those in positions of power and responsibility. This isreflected in a growing recognition, in the context of international devel-opment, of the central importance of effective and inclusive communi-cations systems.

The broadcast media, radio and television, have a unique andparticular role to play both in enhancing governance and account-ability and in giving voice to poor and marginalized communities. Inaddition to traditional means of expression, “voice” in this contextmeans the capacity, opportunity, and resources of diverse segmentsof society to signal government as to their needs and their perceptionof the quality of governance, to have their views represented in main-stream media, and to develop their own media. Broadcast media, aswe argue later, are especially relevant and accessible to remote com-munities, cultural and linguistic minorities, the very poor and illiter-ate people. Policies, laws, regulations, and other public actions thatgovern the broadcast media are central to their ability to play thatrole, and they form the main focus of this guide.

The guide maps out a public interest approach to fostering free,independent, and pluralistic broadcast media. Its objective is to pro-vide guidance on how to design a policy, legal, and regulatory frame-work that can contribute to the achievement of public interest goalssuch as transparency of government and accountability to the people,enhanced quality of and participation in public debate, and increasedopportunities for marginalized groups to develop and articulate theirviews. The guide draws from the experiences of a wide range ofcountries in all regions of the world and is illustrated extensively bycountry-level examples of policies, laws, and regulations.

The guide is intended as a tool for media reform particularly in de-veloping and transitional democracies. At the same time, it should be

2 Introduction

useful anywhere people aspire to a deeper democracy. Building democ-racy is a process, often long-term, and promoting free, pluralistic, andindependent media should be a central part of it. It should not be left until after the legal system has been transformed or democratic attitudes are in place; rather, it should be part and parcel of efforts to re-form the social and institutional system and to build democracy in allof its aspects. As such, while the guide may not be immediately appli-cable in dictatorships or war zones,2 it can help inform strategies incountries—such as those in transition or recovering from conflict—where democratic foundations are being set in place.

The guide adopts a normative approach—it is about goodpractice—but two further observations should be made concerningits application. The first is that the media and communications envi-ronment is dynamic, almost everywhere undergoing rapid change.The second is that vast disparities exist not only in the state of mediadevelopment but also in the pace of change, and these disparities ex-ist both between countries and between different groups of peoplewithin countries. Thus the tools themselves do not and cannot offer a“one-size-fits-all” solution and must be regularly reviewed to respondto a changing environment.

Part I offers an overview of the rationale for a public interestapproach and its role in enhancing governance, development, and“voice.” The focus on broadcasting is explained and justified on thebasis of its reach and its enduring importance in people’s lives. Thedifferent broadcasting sectors are described, along with their maintrends and characteristics. Part I then turns to a regional review ofbroadcasting characteristics and trends and concludes by summariz-ing the evidence for an emerging paradigm in broadcasting policyand regulation.

The good practice guidelines are set out in Parts II and III. Theseare not designed to be read end-to-end but to be consulted selectivelyfor issues of interest. To facilitate this navigation, good practices areorganized under clear headings that identify and describe features ofthe policy, legal, and regulatory environment that are criticallyimportant for media development in the public interest. While recog-nizing that reform necessarily involves social, political, and institu-tional processes of change that take time and require adaptation to

Introduction 3

2For further discussion on this point see Putzel and van der Zwan, Why Templates for MediaDevelopment Do Not Work in Crisis States (London: Crisis States Research Centre, LSE, 2005).

local circumstances and interests, these topics provide a frameworkthat can help guide evaluations of the status quo and provide optionsfor reforms.

Part II examines the general enabling environment for media andcommunications, including standards of freedom of expression andaccess to information, the use and misuse of defamation law, and gen-eral content rules that apply to all media, including print media andjournalists.

Part III is dedicated specifically to broadcasting, including the roleof regulatory bodies, broadcast content rules, the distinctive sectorscommonly referred to as public service, community nonprofit, andcommercial private sector broadcasting, as well as the regulation ofbroadcast spectrum and channels.

After short introductions to Part II and to Part III, each chapter isprefaced by a good practice checklist. The elements of good practiceare elaborated and explained in the narrative and supported by coun-try examples that illustrate their implementation. These chaptersform the core of this guide and offer a tool kit for those involved inanalysis, advocacy, and policy making for media and communica-tions reform.

The final section of the guide presents a research agenda that is in-tended to address the lack of relevant and systematic data and infor-mation on broadcasting encountered during the process of researchingand compiling this guide. It concludes by presenting some options andpractical opportunities for development assistance to support a morecoherent approach to reforming broadcasting in the public interest.

4 Introduction

Governance, Development, and Media 5

PART IGovernance, Broadcasting,and Development

Governance, Development,and Media1C

HA

PT

ER

The primary purpose of this guide is to describe an enabling envi-ronment for a public interest approach to media, and specifically

broadcasting. Special attention is devoted to how media can enhanceaccountability in governance and contribute to development andvoice, particularly for those who are disadvantaged in society.

This chapter defines a public interest approach to media and de-scribes its relationship to governance, accountability, and develop-ment. It explores how such an approach can contribute to goodgovernance, to development, and to wider social and cultural goals.It presents some of the key media characteristics underpinning thepublic interest approach, as well as a reflection on the wider environ-mental factors that are conducive to this, and a final comment on thenormative underpinnings of the guide.

In the Public InterestThe concept of the public interest in the media stretches back at least tothe origins of radio broadcasting in the early twentieth century, withvarious usages coming into and falling out of favor. An official reportproduced in Canada, a country still intensely concerned with thepublic interest in broadcasting policy, quotes several sources to un-

derline the difficulty of defining the publicinterest:

In broadcasting, a wide array of defi-nitions of the public interest have beenused, ranging from this classic 1960statement from CBS executive FrankStanton: “A program in which a large

6

The idea of the publicinterest in media is notnew. It changes over timeand when viewed fromdifferent perspectives.Defining it is thus notstraightforward.

part of the audience is interested is by that very fact. . . in thepublic interest” (cited in Friendly, p. 291),1 to this rather moreelaborate example from Australian regulator GarethGrainger: “The public interest is that interest which govern-ments, parliaments and administrators in democraticallygoverned nations at least must accept and reflect in laws,policies, decisions and actions in ensuring peace, order, sta-bility, security of person, property, environment and humanrights for the overall welfare of the society and nation who,through constitution and election, allow the individual citi-zen to renew and reflect their agreement and consent to begoverned and administered” (1999 Spry Memorial Lecture,p. 9). Grainger then goes on: “After eighty years of broad-casting, the original public interest issues which were seen tobe implicit in the use of the broadcasting spectrum remainlargely unchanged though our way of expressing them mayrequire some restatement.” (p. 43)2

Thus, ensuring that media can sustain a primary focus on serving thepublic interest is by no means straightforward; governments andbroadcasters have been grappling with it for decades. For, exceptingonly the most totalitarian states, the space of the media—the techno-logical mediation of communication between people—is occupied bycompeting sets of interests, none of whichunambiguously pursues the widest publicinterest but each of which at times laysclaim to it.

In broad terms, governments andpolitical parties, private commercialentities, and groups in civil society eachrelate to media in different ways, seeingopportunities and threats to their ownobjectives. Media institutions themselves,no matter how large or small, inevitably


1Fred. W. Friendly, Due to Circumstances Beyond Our Control (New York: Random House,1967), 291.2Our Cultural Sovereignty. The Second Century of Canadian Broadcasting (Canada, House ofCommons, Standing Committee on Canadian Heritage Report, 2003), 518, available at:http://friends.ca/News/Friends_News/archives/articles06110311.asp [source cited for SpryMemorial Lecture, available at: http://www.fas.umontreal.ca].

In the context of competinginterests of differentstakeholders, a publicinterest approach aims toensure that the welfare ofthe public as a whole iskept to the fore in theformulation andimplementation of legalpolicy, and regulatoryenvironment for the media.

generate internal and external dynamics and interests of their own.Each of society’s stakeholders has different general objectives and isendowed with different types and levels of resources. Left to theirown devices, the media landscape can meet many public objectivesbut not, perhaps, the ones most critical to a society at a particulartime. In addition to the general ongoing need for an informed public,special circumstances can arise surrounding conflict, economicdevelopment, moments of democratic crisis, and growth. Each ofthese provides justifications for policy and regulation in the widerpublic interest.

The goal of regulation in the public interest and of a specificallypublic interest approach to media is to tread a path that mediatesamong these interests, encouraging and offering incentives and,where necessary, imposing obligations and constraints on eachgroup, while evading capture by any specific interests. There is someirony in the fact that those necessarily charged with the primary roleof pursuing a public interest approach to media—governments—arealso among those with the strongest incentive to skew it toward theirown ends. Even with the best of intentions, success in negotiating thisbalancing act is not at all certain. Given what is at stake for society,however, attempts to get it right merit very considerable effort.

Feintuck attempts to gain an overview of a public interestapproach and its associated values,3 and to “define a theoretical andinstitutional framework both for a meaningful discourse regardingthese values and for consideration of policies which are effective inasserting.” He identifies a recurring theme among all sectors:

The common thread underlying the public interest claims inrelation to media regulation can best be described as feedinginto the broader constitutional endeavour of effective citizenparticipation. Effective participation can be equated with in-formed participation, and this in turn requires a diverse range ofviews to be in circulation and accessible to as wide a range of thepopulation as possible in order to allow for comparison and trian-gulation.4 (emphasis added)

8 Broadcasting, Voice, and Accountability

3Mike Feintuck and Mike Varney, Media Regulation, Public Interest and the Law, 2nd ed.(Edinburgh University Press, 2006), 6.4Mike Feintuck, “Regulating the Media Revolution: In Search of the Public Interest” JILT(1997): 3.


The guide builds on this notion of effective citizenship as central to apublic interest approach to media. We deploy the concept explicitlyto mark the capacity of media to enhance social, economic, and polit-ical development through improving governance and accountabilityto the public; building an informed and engaged citizenry; enhancingthe inclusion of marginalized groups; and fostering a culture andidentity of tolerance, diversity, and creativity.

The need to revisit and reevaluate the concept of the public inter-est in broadcasting to suit the present circumstances and needs isa theme of this guide. Drawing on ourworking definition presented earlier, wefocus in on the potential of the media intwo broad areas: First, we look at thecontribution that media can make to good governance and accountability to thepeople, and its more indirect relationshipto the development process. Second,beyond governance, we consider the tradi-tion and practice of the deployment of media directly toward devel-opment objectives, as well as the growing influence that media havein broader cultural evolution and change.

The public interest cannot be treated as a static, unambiguousconcept, even as the notion of the public evolves, as media themselveschange sometimes with great speed, and the development needs andcircumstances of society change. But these key facets of a public in-terest approach to media—its potential impact on governance, on de-velopment, and on culture—are enduring.

Media and GovernanceEnhancing the prospects for good governance in a development con-text has become a key goal for governments, nongovernment actors,and international organizations in recent years. Although the use ofthe term governance may vary, there is general agreement that it ex-tends beyond the operations of governments to embrace a broadrange of social institutions and necessarily includes consideration ofcitizens and citizenship. Before embarking on a quest to understandthe relationship between media and these desiderata, it is worthpausing to consider the concept of “good governance” itself.

The public interestapproach to media asdeployed here focusesespecially on its potentialcontribution togovernance, todevelopment, and toculture and identity.


The World Bank defines governance as:

. . . the traditions and institutions by which authority in acountry is exercised for the common good. This includes (i) the process by which those in authority are selected, mon-itored and replaced, (ii) the capacity of the government to ef-fectively manage its resources and implement sound policies,and (iii) the respect of citizens and the state for the institu-tions that govern economic and social interactions amongthem.5

The United Nations Development Program (UNDP) emphasizesthe articulation of people’s interests:

Governance is the system of values, policies and institutionsby which a society manages its economic, political and socialaffairs through interactions within and among the state, civilsociety and private sector. It is the way a society organizesitself to make and implement decisions—achieving mutualunderstanding, agreement and action. It comprises the mech-anisms and processes for citizens and groups to articulate theirinterests, mediate their differences and exercise their legal

rights and obligations . . . 6

Good governance, according to UNDP,is about processes as well as outcomes;processes that are participatory, transpar-ent, accountable, and efficient, and that in-volve the private sector and civil society aswell as the state.7 Good governance is also

important for development, and considerable empirical evidence nowpoints in that direction.

A study by Kaufmann8 demonstrates not only a high degree ofcorrelation between six governance indicators9 and widely used

Good governance is aboutboth outcomes andprocesses that areparticipatory, transparent,accountable, and efficientand encompass all majorgroups in society.

5World Bank, Governance Matters 2007, at http://info.worldbank.org/governance/wgi2007/.6UNDP Strategy Note on Governance for Human Development, 2004.7UNDP, Management & Governance Network (MAGNET) (UNDP, 1998).8D. Kaufmann, Governance Redux: The Empirical Challenge (Washington, DC: World BankInstitute, 2003).9These are: voice and external accountability, political stability and lack of violence, gov-ernment effectiveness, lack of regulatory burden, rule of law, and control of corruption.


development indicators, such as per capita income,10 but also thatthere is a positive causal effect of good governance on developmentoutcomes. The study argues that poor public governance “has be-come a central binding constraint to growth and development todayin many settings” and concludes:

. . . a country that significantly improves key governance di-mensions such as the rule of law, corruption, the regulatoryregime, and voice and democratic accountability can expectin the long run a dramatic increase on its per capita incomesand in other social dimensions.11

Data presented suggest that growthdividends may be as high as 400 percentfor a single standard deviation improve-ment in governance, a highly significantresult.12

It thus comes as no surprise that the potential role of the media inimproving governance and accountability has become an area of in-terest to the international development community.

That media can in a general sense promote good governance isnot a new idea. Amartya Sen, the Nobel Prize winning economist, hasargued consistently and forcefully since the early 1980s that no sub-stantial famine has ever occurred in any independent country with ademocratic form of government and a relatively free press.13 In an ar-ticle published to mark World Press Freedom Day 2004, Sen draws onhis famine research in India:

The Bengal famine of 1943, which I witnessed as a child, wasmade viable not only by the lack of democracy in colonialIndia, but also by severe restrictions on the Indian press,which isolated even the Parliament in Britain from the miseryin British India. The disaster received serious attention onlyafter Ian Stephens, the courageous editor of the Statesman of

The evidence is that goodgovernance alsocontributes significantly todevelopment.

10Kaufmann, 12, table 2, available at: http://www.worldbank.org/wbi/governance/pdf/govredux.pdf/.11Ibid., 25.12Ibid., 26.13See, for example, Amartya Sen, Poverty and Famines: An Essay on Entitlement andDeprivation (Oxford: Clarendon Press, 1981) and Amartya Sen, Development as Freedom(New York: Anchor Books, 2000).

Calcutta (then British owned) decided to break ranks by pub-lishing graphic accounts and stinging editorials on October14 and 16, 1943. This was immediately followed by stirs in thegoverning circles in British India and by heated Parliamen-tary discussions in Westminster. This, in turn, was followedby the beginning—at long last—of public relief arrange-ments. The famine ended then, but by this time it had alreadykilled millions.14

Both UNDP and the World Bank include media among the institu-tions and mechanisms that can contribute to good governance, in theabove definitions and elsewhere. Media can fulfill several criticaltasks in the context of governance and reform, overlapping with andreinforcing other factors such as access to information and freedom ofexpression. Pippa Norris, when director of the UNDP’s DemocraticGovernance Group, summed up three key roles for the media in con-tributing to democratization and good governance: as a watchdog overthe powerful, promoting accountability, transparency and publicscrutiny; as a civic forum for political debate, facilitating informedelectoral choices and actions; and as an agenda-setter for policy mak-ers, strengthening government responsiveness for instance to socialproblems and to exclusion.15

Media can achieve such an impact, in the right circumstance,through their direct and indirect influence on a number of key pa-rameters of governance: curbing corruption and improving account-ability and transparency, enhancing informed participation in thepolitical processes, and facilitating and reinforcing more equitableand inclusive policies and actions.

Though there has been little systematic evaluation, a wealth of in-dividual cases point to the role of the media in exposing corruption,recognized as a key constraint to development.

In Peru, investigations critical of then-president Alberto Fujimoriwere first brought to light by the print media. Investigations exposed


14Amartya Sen, “What’s the Point of Press Freedom?” (Paris: World Association of News-papers, 2004).15Pippa Norris, A Virtuous Circle (Cambridge: Cambridge University Press, 2000). Cited inPippa Norris, The Role of the Free Press in Promoting Democratisation, Good Governance andHuman Development (paper delivered at UNESCO World Press Freedom Day conferencein Colombo, Sri Lanka, May 1–2, 2006), 4.

a pattern of wrongdoing and corruptioninvolving death squads, the military, andlinks between drug barons and politicalelites. These were followed, spectacularly,in 2000, by the broadcast over cable televi-sion of videos secretly taped by Peru’s head of security, showingvotes being bought with bribes. Fujimori resigned immediately afterthe broadcast.16 In Sierra Leone, the series Mr. Owl, reporting on localpolice corruption, was carried on private radio stations KISS-FM, inBo, and SKY-FM, in Freetown.17 The coverage resulted in wage increases for the police and the establishment of a police communityaffairs department. The transparency of Ghana’s 2000 election resultswas due in part to the efforts of the country’s many private radio sta-tions. Staff monitored the polls, and their reports of irregularities,alongside those of citizens, were broadcast, making it difficult to rigvoting and enhancing the credibility of the results.18 In Bangladesh,since the restoration of democracy in 1991, the media have played acentral role in exposing corruption in the financial and banking sys-tem, in building permissions granted by corrupt officials, in wide-spread arsenic contamination, and in numerous other areas.19

The issue is also one of accountability. Media enhance theaccountability of government and other powerful actors throughuncovering and publicizing the chain oflogic, decisions, and events that lead tospecific outcomes, especially outcomesthat run counter to the public interest. Theidentification of those responsible and theprocesses involved inherently increasesaccountability, and the anticipation ofsuch identification can contribute to more responsible decisionmaking and a positive outcome for the public interest.


. . . improvingaccountability by openingdecision making to viewand identifying thoseinvolved . . .

16UNDP, Human Development Report 2002: Deepening Democracy in a Fragmented World, 76.17See Sierra Leone: Using radio to fight corruption, available at: http://www.developingradiopartners.org/caseStudies/sierraLeone.html.18UNDP, Human Development Report 2002: Deepening Democracy in a Fragmented World, 76.19Mahfuz Anam, “The Media and Development in Bangladesh,” Ch. 15 in The Right to Tell:The Role of Mass Media in Economic Development (WBI Development Series, 2002).

Examples abound ofmedia exposing corruptionand vote rigging . . .

Transparency, however, has pervasiveconsequences. As Nobel Laureate and for-mer chief economist at the World BankJoseph Stiglitz argues, “openness is an es-sential part of public governance.”20 Using

Hirschman’s argument on “exit” and “voice”21 he makes the point thatgovernments benefit when citizens exercise voice. Especially wherepeople cannot signal dissatisfaction through exit (unlike in competitivegoods markets, the government holds a monopoly in public services),it is through informed discussion and interaction on the policies beingpursued—voice—that dissatisfaction can be articulated and effectivegovernance exercised. Full transparency is critical to this. Furthermore,information asymmetries in government and between it and the pub-lic lead to inefficiencies and poor management decisions.

Transparency, Stiglitz notes, depends on a number of factors, such asfreedom of information legislation and public information institutions“designed to ferret out information for the benefit of the public . . . Thepress is among the most important of these informational institutions.”22

Apart from their role in public accountability and transparency, themedia can also play a critical part in the democratic processes at the heartof good governance. One of the outcomes of this is “agenda setting” inthe form of strengthening government responsiveness, but it goes wellbeyond it. Media can provide the means by which people can speak outand participate in political debate, creating a crucial space in which pub-lic deliberation on matters of concern can take place. This provides op-portunities for people to articulate their concerns and ideas to oneanother and to government, a role that is particularly important for poorand marginalized groups. Media thus has the potential to foster a “civicforum” or, as described by philosopher and sociologist Jürgen Haber-mas, a “public sphere”: “a network for communicating information andpoints of view”23 in which issues affecting the society and communitycan be explored openly and rigorously and “filtered and synthesized insuch a way that they coalesce into . . . public opinions.”24


20Joseph Stiglitz, “Transparency in Government,” Ch. 2 in The Right to Tell: The Role of MassMedia in Economic Development (WBI Development Series, 2002), 31.21A. O. Hirschman, Exit, Voice and Loyalty: Responses Top Decline in Firms Organisations, andStates (Cambridge, MA: Harvard University Press, 1970).22Stiglitz, 40.23Jürgen Habermas, Between Facts and Norms (Cambridge, MA: MIT Press, 1996), 360.24Ibid.

. . . allowing people toarticulate dissatisfactionand thereby enhancepublic services.

Thus media have the potential not simply to influence govern-ment agendas, but to reinforce the overall capacity of society to con-stitute political discussion and debate, and to enhance theparticipation of people, including marginalized groups, in theprocess of governance. This impact may occur in small ways—the radio stations in Sierra Leone mentioned earlier carried a votereducation series called Democracy Now that resulted in higher voterturnout in their listening areas than in other parts of the country.25 Butover time and in the right circumstances, the media can also help tobuild the practices and culture of democracy and good governancewithin society as a whole.

Media beyond GovernanceBeyond governance, media are implicated in several dynamics that cancombine and intersect to reinforce development and overall socialwell-being in different ways. Particularly relevant is the role of mediain the long tradition of communication for development, and the grow-ing influence that media have in value formation, and cultural evolu-tion and change.

Media have long been regarded by those in the field of commu-nication for development as tools that can be deployed to promotedevelopmental change, but they were for the most part considered in-dependently of media policy and regulation processes. Thinkingabout how media can be used, and to whatspecific ends, has nevertheless shifted sig-nificantly over the years. In the early days,many in the field understood mediamainly as a top-down tool for the dissem-ination of information. The challenge wasto convey development “messages” on di-verse subjects such as health awareness, disease prevention, agricul-tural practice, water management, or environmental responsibility.Recently, the emphasis has shifted to the empowering potential ofmedia as a bottom-up means for promoting participation in societyand political life, especially in marginalized communities.


Media are also tools fordevelopment, and can beused to empowermarginalized groupsthrough bottom-upparticipation.

25See Sierra Leone: Using radio to fight corruption, available at: http://www.developingradiopartners.org/caseStudies/sierraLeone.html.

From this perspective citizens require not only access to informa-tion but also the ability to consult, respond, and engage with leadersand opinion makers—to have voice. Citizens need access to the meansof communication and voice in order, also, to be able to speak withone another, to discuss their conditions and aspirations, and to develop the capacity for engagement and for action to improve accessto services and rights under the law. The approach values localknowledge, it respects local cultures, and it puts people in control ofthe means and content of communication processes.26

The groundbreaking study Voices of the Poor27 set out to listen topoor people’s own voices on the experience of poverty. It took as itsstarting point a recognition that poor people’s own views have rarelybeen part of the policy debate. The study noted that poor men andwomen are acutely aware of not having their voices heard, of theirlack of information, and of their lack of contacts to access informa-tion. The study reports how poor people across the world discusshow this puts them at a disadvantage in dealings with public agen-cies, nongovernmental organizations (NGOs), employers, andtraders. The results of the study have informed new thinking onempowerment and participatory approaches precisely by showinghow inclusion, access to voice, and access to information can promotesocial cohesion and trust, enable informed citizen action, andimprove the effectiveness of development.28

Communication for social change is a process of public and pri-vate dialogue through which people determine who they are, whatthey need, and what they want in order to improve their lives. It hasat its heart the assumption that affected people understand theirrealities better than any “experts” from outside their society and thatthey can become the drivers of their own change.29

Evidence of the effectiveness of these approaches comesprimarily from qualitative analysis, including ethnographic studies,


26Alfonso Gumucio-Dagron, Roots and Relevance: Introduction to the CFSC Anthology, in Alfonso Gumucio-Dagron and T. Tufte, eds., Communication for Social Change Anthology:Historical and Contemporary Readings (New Jersey: Communication for Social ChangeConsortium, 2006).27Deepa Narayan, Robert Chambers, Meera Kaul Shah, and Patti Petesch, Voices of thePoor: Crying Out for Change (New York: World Bank/Oxford University Press, 2000).28Deepa Narayan, Empowerment and Poverty Reduction: A Sourcebook (Washington, DC:World Bank, 2000).29Ibid.

participatory evaluation, and other research methods that are con-ducive to more process-oriented than output-oriented approaches. Anumber of studies in the field have drawn particular attention to therole that local and community-based media can play in empoweringand enabling the participation of people and communities facing ex-clusion and marginalization. The Rockefeller Foundation report Mak-ing Waves: Stories of Participatory Communication for Social Change30

compiled 50 case studies and draws extensively on stories of commu-nity radio and television projects to providea vivid account of people and communitiesappropriating media as means of empower-ment, self-reliance, and mobilization for de-velopment and social change. It provides awealth of evidence of the positive impact ofcommunity-based media on people’s reallives. The report concludes that the commu-nication for social change model has two crit-ical implications for participation indevelopment that are related to issues ofpower and of identity:

An issue of power. The democratization of communicationcuts through the issue of power. Participatory approachescontribute to putting decision making into the hands of thepeople. It also consolidates the capability of communities toconfront their own ideas about development with develop-ment planners and technical staff. Within the communityitself, it favors the strengthening of an internal democraticprocess.

An issue of identity. Especially in communities that havebeen marginalized, repressed, or simply neglected fordecades, participatory communication contributes to . . . cul-tural pride and self-esteem. It reinforces the social tissuethrough the strengthening of local and indigenous forms oforganization. It protects tradition and cultural values, whilefacilitating the integration of new elements.


Case studies show thatparticipatory approachesto media can empowercommunities bystrengthening internaldemocratic processes and,especially for marginalizedgroups, can enhance self-esteem, protect culturalvalues, and facilitate theintegration of newelements.

30Alfonso Gumucio-Dagron, Making Waves: Stories of Participatory Communication for SocialChange (New York: Rockefeller Foundation, 2001).

A second area of particular relevance is the increasingly importantrole that media play in the development and evolution of culturalforms, identity, and diversity. Beyond the idea of disseminating information, entertainment, or even education, media’s deeper cul-tural role has been the subject of considerable interest and study. Ahigh-level European Commission report concluded:

The role of the media goes much further than simply provid-ing information about events and issues in our societies orallowing citizens and groups to present their argumentsand points of view: communication media also play a forma-tive role in society. That is, they are largely responsible for forming (not just informing) the concepts, belief systemsand even the languages—visual and symbolic as well as ver-bal—which citizens use to make sense of and interpret theworld in which they live. Consequently, the role of commu-nication media extends to influencing who we think we areand where we believe we fit in (or not) in our world: in otherwords, the media also play a major role in forming ourcultural identity.31

The impact on the individual of extensive viewing of television mayeven exceed that of his or her immediate context. A leading interna-tional expert on the effects of television, George Gerbner, argued thatheavy media consumers begin to articulate a view of the world di-

rectly derived from that of the media, evenif the media world to which they are ex-posed is somewhat removed from the real-ities of their own daily lives.32

The influence of the media does notremain only, or even primarily, at the levelof the individual. Communications scholarJames Carey points to the “ritual” effect of


Beyond the individual,media can influenceshared beliefs and thegroup identity of society,and whether it will be, forinstance, open, tolerantand creative.

31European Commission, Report from the High Level Group on Audiovisual Policy, chaired byCommissioner Marcelino Oreja (Brussels: European Commission, 1998) 4–5.32George Gerbner, “Living with Television: The Dynamics of the Culturation Process,” inJ. Bryant and D. Zillman, eds., Perspectives on Media Effects (Hillside, NJ: LawrenceErlbaum, 1986), 17–40.

the media’s ability to sustain beliefs and relationships among those itreaches. In his view:

. . . communication is linked to such terms as sharing,participation, association, fellowship and the possession of acommon faith . . . A ritual view is not directed towards the ex-tension of messages in space, but the maintenance of societyin time; not the act of imparting information but the repre-sentation of shared beliefs.33

Such shared beliefs are central to the nature of culture in a given society, whether it is open and tolerant, and whether it encouragescreativity and diversity. In developing countries, a role for media hassometimes been articulated as that of “nation building,” creating acommon sense of identity, and contributing to a consensus on thetype of nation that is being strived after. A cultural frame emphasizesalso the contribution of diversity and a commitment to pluralism34

and to ensuring that all cultures are respected equally and are repre-sented in media. Such an approach is particularly relevant to mediain countries with large communities of marginalized groups andindigenous peoples and where traditional structures and beliefsystems are undergoing rapid change and evolution.

Key Features of Communication and MediaA public interest approach to media policyfocuses on strengthening media’s contri-bution to good governance and account-ability, to participatory communication fordevelopment, and to cultural pluralismand social agency. These policy objectivescan reinforce each other. Enhanced account-ability and governance can help engender an environment formore participatory media, and thus give voice to marginalized


Reaping the benefits of apublic interest approach tomedia requires, at least,the presence of a numberof key features of themedia environment.

33James W. Carey, “A Cultural Approach to Communication,” in J. W. Carey, Communica-tion as Culture. Essays on Media and Society (Boston: Unwin Hyman, 1989), 18.34The Report of the World Commission on Culture and Development, Our Creative Diver-sity (UNESCO 1995) puts forward the notion of “cultural freedom” as the “right of agroup of people to follow or adopt a way of life of their choice. . . the condition for indi-vidual freedom to flourish,” 25–26.

communities. Greater voice in turn enables a more informed andactive citizenry, thereby enriching the governance process. Culturaltolerance and pluralism are reinforced by a commitment to diversityof media content, and informed participation encourages more equi-table and inclusive policies.

Yet a positive relationship between media, governance, and de-velopment is by no means inevitable. Beneficial impacts can be real-ized only with the presence, at least in significant part, of a distinctset of media characteristics set within a supportive enabling environ-ment, including, but not limited to, polices, laws, and regulations.Among the most important of these are, at a general level: freedom of expression and ready access to information and, relating more specif-ically to media, independence from vested interests; a wide diversityof media ownership and content; a broad reach within society; and asustainable resource base. This guide expands upon this essentiallysimple theme.

Respect for the right to freedom of expression in society is fun-damental to the capacity of media to deliver on governance and

development, and a free press is a touch-stone of democracy and good governance.With good reason: constraints on investi-gating and reporting on matters of publicinterest can severely compromise almost

every aspect of media performance and impede its ability to sustainand promote good governance.

Freedom does not, however, imply absolute license. Every country imposes some limitations on what may be published orbroadcast. It is nowhere considered legitimate to spread maliciouslies attacking someone’s reputation, and most countries ban incite-ment to hatred, for example, on the basis of race or ethnic origin. Anappropriate balance between the various competing rights and inter-ests is vital to protecting media freedom, and unduly restrictive lawscan seriously inhibit the ability of the media to service the publicinterest.

Second, ready and timely access to in-formation of public interest, from bothpublic and private sources, is critical tothe effective operation of media in rela-tion to its various roles in governance.


First key feature: Respectfor the right to freedom ofexpression is a primaryneed.

Second key feature: Readyand timely access toinformation of publicinterest is essential.

Accountability of those in power relies heavily on being able tosource and retrieve information concerning decision-makingprocesses; but efficiency of public decision making is enhanced when the basis of such decisions is open to public scrutiny and debate. Information flows through media can also improveresource allocation and are invaluable to the efficient operation ofmarkets.35

Third, there is often a mix of media and media types in society(and this is increasingly the case), with various media performingvarious functions. As a whole, media must be independent, able topursue their activities free from undueinfluence of special interest groups. Mediafunction best when this variety is in fullblossom: public service, commercial,community, and others. Where media are wholly controlled bygovernment or by powerful commercial interests, their overallcapacity to contribute to a democratic political space is compromised.

The absence of media independence has a predictable impact onthe media’s ability to deliver accountability: at a minimum, thewatchdog role fails in relation to the controlling owner. When thecontrolling owner is the government, the implications will by defini-tion be serious. Too close a relationship to government will also poseserious problems in terms of the ability of the media to facilitate par-ticipation and to contribute to the empowerment of citizens. Partici-pation depends on the ability to ventilate criticism of governmentpublicly through the media, and this will without doubt be impededby government control. When media are controlled by an oligarchy ofprivate players the result may well be similar. Although some own-ers do not interfere editorially, ownership always implies a degree of actual or potential control and can be an important obstacle to pluralism and diversity. A common way to tackle this is to intro-duce measures to limit concentration ofownership.

Fourth, media content must reflect,even enhance and stimulate, the diversityof views in society. Media diversity


Third key feature: Mediaindependence is vital.

Fourth key feature: Mediamust reflect and enhancethe full diversity of views insociety.

35World Bank, World Development Report 2002: Building Institutions for Markets (2002), 189.

requires a wide range of content that serves the needs and interests ofdifferent audiences and purposes. Media content should address theinterests not only of urban elites, but also of the urban and rural poor,minorities, and other marginalized groups. It should reflect the dif-ferent cultures, belief systems, and aspirations of minorities as well asmajorities and do so in a nonpartisan manner.

Similarly, promoting accountability is premised on the idea of amedia sector that, as a whole, focuses on the full spectrum of issuesof public concern, including coverage of a wide range of views and ofactors, not just officials but also other powerful social actors.

Fifth, effective media must achieve broad reach into society, beingavailable and accessible to all economic, social, and cultural groups

and over the widest territorial area. Fac-tors that differentially affect the reach ofvarious media can include high rates of il-literacy, a multiplicity of languages andnumerous indigenous peoples, remote-

ness from urban areas, difficulty of terrain, poor transport andtelecommunication networks, the cost of media equipment, includ-ing receiver sets, and the absence of electricity. Ensuring diverse me-dia are accessible to those on the margins, socially, culturally,economically, and geographically, can be a major challenge but isnevertheless essential if the entire population, or very close to it, is tobe included and given voice.

Finally, a sustainable resource base iscritical to effective media. An adequateand sustainable financial base is vital tofulfilling many of the media’s functions,

such as the more resource intensive activities of investigative report-ing and current affairs.

Some sources of funding carry inherent risks: the possibility ofwithholding public funding gives leverage to governments to influ-ence media; whereas advertisers may use their ability to switch toother outlets to gain more favorable coverage. Insufficient resourcesexacerbate dependence on funding sources, whether public or pri-vate, and increase the risk of partisan influence or of external or self-censorship. Media in developing countries, with limited access toinvestment and revenues, can find it especially difficult to balance theneeds of economic viability, independence, and diversity.


Fifth key feature: Allgroups in society must bephysically able to accessand use the media.

Finally, a sustainableeconomic and institutionalbase is required.

Sustainability, however, goes beyond economic considerations toinclude social and institutional dimensions.36 Social sustainabilityrefers to relations between a broadcaster and the community or audi-ence it serves, including its credibility in the eyes of that community.The consequences of a loss of audience support on a commercialbroadcaster can be directly measurable in terms of revenue. Publicservice and community broadcasters have specific obligations to thecommunities or audiences they serve, and their loss of social support,measured in audience share or public attitudes, can seriously impacton their sustainability, including their ability to justify access to pub-lic funding and other resources.

Institutional sustainability refers to the structural relations thatdrive the operation of a broadcaster. Transparent and effective gover-nance of a public broadcaster, for example, is central to its credibilityand its ongoing ability to operate. For community broadcasters, par-ticipation by and accountability to their community are importantconditions of success. Similarly, commercial broadcasters also needefficient and effective management structures to achieve theirbusiness objectives.

The Wider EnvironmentThese key features are enmeshed inbroader processes of political and institu-tional development. Laws and relatedpolicies can be the equivalent of wall-paper—decorative but hardly a reliableindicator of what is actually happening be-neath the surface. In too many states me-dia policies are affirmed in an expansive moment but implementationdoes not live up to the stated aspirations.

A key factor is a culture of respect for, and general adherence to,the rule of law. This requires an effective judiciary. Without anenforcing arm to maintain the protections of the law, attempts to im-plement a positive legal and regulatory environment could evenprove to be futile.


The wider environment isalso important toengendering conditionsconducive to a publicinterest approach tomedia.

36Alfonso Gumicio-Dagron, The Lucky Cloverleaf: Four Facets of Communication for Develop-ment and Sustainable Social Change (commissioned for this study), 15–17.

The rule of law embraces a number of principles, including theexistence of a developed hierarchical framework of laws with theconstitution at the pinnacle, broad respect for these laws and theirapplication in a nondiscriminatory manner, a separation of executivefunctions and judicial functions, and respect for and action onjudicial decisions.

Many examples illustrate how the ab-sence of the rule of law can thwart theachievement of public interest goals in themedia environment. A study in 2000 bythe International Bar Association, for ex-ample, highlighted serious problems with

judicial independence in Malaysia in political cases, in contrast togood respect for the rule of law in business cases.37 As a result, lawson defamation and sedition, along with regulatory controls over themedia, were abused to silence criticism of government and to preventthe exposure of corruption and other wrongdoing.

In Zimbabwe, the supreme court has struck down laws restrictingfreedom of expression as unconstitutional on a number of occasions,breaking a government monopoly on providing telecommunicationsservices,38 striking down a prohibition on publishing false news,39 andruling out the government broadcasting monopoly.40 In some cases,for instance the ending of its broadcasting monopoly, the governmenthas simply refused to implement those decisions.

The absence of the rule of law thus greatly increases the risk ofregulatory failure, irrespective of the quality of the regulatoryregime, by potentially undermining its independence and thwarting


The absence of the rule oflaw can render medialegislation and policyirrelevant.

37See Justice in Jeopardy: Malaysia in 2000 (London: Human Rights Institute, Inter-national Bar Association, 2000), available at: http://archive.ibanet.org/general/FindDocuments.asp.38Retrofit (Pvt) Ltd v. Posts and Telecommunications Corporation and Anor, 4 LRC (1996): 513.39Chavunduka and Choto v. Minister of Home Affairs and Attorney-General, Judgment No. S.C. 36/2000 (May 22, 2000).40Capital Radio (Pvt) Ltd v. Minister of Information, Posts and Telecommunications, 22 Judgment No. S.C. 99/2000 (September 2000).

its actions. Furthermore, a legal system that allows corruption, onceexposed by the media, to continue with impunity greatly limits theextent to which such media can effect change.

A number of other factors are also important to a healthy media,including associated institutional support. Robust and effectiveprofessional associations can significantly reinforce media effortsto remain independent and enable the emergence of effective self-regulatory institutions to complement government regulation withmedia codes and standards. Trade unions can strengthen the handof journalists and other media workers in producing unbiased,high quality content and defend the practice of impartial journalismagainst sectional interests. Training organizations can build thecapacity and professionalism of media workers. A formal press ishollow in the absence of creative talent, disposed toward exercisingits skills, and the means to educate and train them to a highstandard.

The absence of material needs for a freepress, including such basics as newsprintor the availability of broadcast channels ofdistribution, can have a serious effect onsociety as a whole. In the case of newspa-pers and magazines, creating a fair andopen system of newsstands and othermeans of delivery is essential. Media mon-itoring and market research organizations can facilitate the growth ofadvertising. And government can create appropriate incentivesthrough tax policies, incentives, and other means.

Finally, the impact of good quality media policy and law dependsultimately on how well such laws and policies are implemented inpractice, and this guide principally focuses on legal and policy frame-works rather than on the role of government, judiciary, civil society,and other actors in ensuring effective implementation. Such a focuson implementation, however, is critical and should be a major con-cern for users of this guide.

All of these factors matter, and governments can take measures toestablish or reinforce them. In Parts II and III reference is made tothese at appropriate places.


The capacity to satisfymaterial needs, such asnewsprint, the availabilityof distribution channelsand outlets, and effectiveadvertising markets, isimportant.

Normative Underpinnings and an EmergingInternational Consensus

This guide focuses on the relationshipbetween broadcasting and the public in-terest. It is specifically concerned withhow policy frameworks can most effec-

tively enable media to hold authorities to account in the public inter-est, provide fora for informed and inclusive public debate, and helpunderpin effective governance. In short, it is focused on the relation-ship between broadcasting and society.

This guide takes an analytical approach to these issues, seekingto enable policy makers and other users to adapt the analyses and ex-amples highlighted here to their own specific contexts. However, asits title suggests, the authors adopt normative perspectives, and it

might be useful to explicitly articulate theunderlying values. Much of the guidanceprovided is rooted in international lawand acknowledged—and sometimes codi-fied—good practice, but some of it emerges

from the authors’ own experience and assessment, and that experi-ence itself is rooted in a set of specific values.

First, the guide argues for and is located within a framework ofdemocratic governance, where the role of the media is a critical partof the checks and balances that enable democratic systems to functionin the interests of their people. This approach argues that democracycan be neither effective nor sustainable without a vibrant media ca-pable of acting in the public interest.

Second, it is located within a frame-work of human rights, where the rights ofthe individual are fundamental not sim-ply because they are useful to society (e.g.,in providing a check on government), butbecause they are inherently valuable andworth upholding.

Third, it argues that the systems ofgovernment that regulate the role of themedia within a society will and should beadapted to the contexts of such a society,


The values that underliethe approach of this guideinclude:

. . . the critical role of themedia in democraticpractices . . .

. . . a human rightsframework . . .

. . . in lieu of policyprescriptions, an array ofnorms, standards, andexperiences that can beadapted to differentsituations.

and that this guide is not designed to provide a universal set of policy prescriptions. Instead, it provides a set of examples, norms, and standards that make up a public interest approach to media policy and regulation and that can be applied and adapted in variouscontexts.

Fourth, the authors acknowledge thatmuch of the debate on the role of the mediain governance is not principally technical,but political, in nature. It is focused on whoin society can have their voices heard inpublic and political debate, and who can ex-ert communicative power in society. Peopleliving in poverty face huge challenges inhaving their voices heard and the authors believe that building effectivepublic interest media is a critical component in enabling democratic andpeaceful development that advances the interests of people living inpoverty.

Many concerns regarding media raised in this guide are longstanding, and the history of debate on them has not always been ahappy one. Although this guide focuses on national level policy andregulatory frameworks, debate at a national level is influenced, bothhistorically and currently, by debate at an international level. Issuesof excessive government influence; of media acting for narrow com-mercial—rather than the public—interest; of concentration of mediaownership; of lack of diversity and plurality of media; of lack of reachor content of media related to people living in poverty: all these andothers highlighted in this guide have a long history of debate andargument, much of it highly polarized.

Even relatively recent history has seen very different approaches tounderstanding the effects of media on development processes. Asbroadcast media went through a wave of internationalization duringthe 1960s and 1970s, various disputes and differences emerged, some-times from significantly different value perspectives. The issue of directsatellite broadcasting of signals across borders became a major issue inthe late 1960s and early 1970s, and provoked cultural, commercial, andpolitical concerns among many developing countries, though the con-sequence was the virtually open skies of today. The most heated debateoccurred in the late 1970s and early 1980s and concerned what wascalled the New World Information and Communication Order (NWICO);


The idea thatcommunication is a rightthat does not stop atfreedom of expression alsoemerged during the 1970sand early 1980s andresonates today.

it resulted in a special commission being established by UNESCO toconsider global problems relating to communication.41

Many in the developing world, and elsewhere, believed thatbuilding a post-colonial world required a reconsideration of globaldynamics and structures—even global governance of communica-tion—to ensure, among other matters, “more justice, more equity,more reciprocity in information exchange . . .”.42 Proponents of mar-ket solutions, including major commercial media interests and theU.S. government, virulently opposed many of the regulatory impli-cations of NWICO, arguing that they violated basic free speech inter-ests. Distorted by the politics of the cold war, genuine debate wasreduced to rancorous argument, and the bitter aftertaste continueseven today. So intense was the feeling, that the United States and theUnited Kingdom withdrew from UNESCO over the issues (and onlyrecently have returned).

One strand in this debate, in some respects an attempt to bridgethe gap between the sides, focused on the idea of communication asa right. Initially raised in the early 1970s, the argument is that in thecontext of the massive growth in modes and technologies of commu-nication, a right to communicate should be established to deepenfreedom of expression and lead to more intensive, respectful, andinteractive dialogue between people and groups in society. Morerecently, the idea of a right to communicate—or, less formally, of com-munication rights—had some influence on media debates at theWorld Summit on the Information Society.43

Several factors suggest that international debates over the role ofmedia in development can become more constructive than they havein the past. The cold war is over and international power dynamicsare more complex and multifaceted as a result. Democracy is morefirmly rooted in many countries than it was in the 1980s, and the


41International Commission for the Study of Communication Problems delivered its reportMany Voices, One World, to, and was endorsed by, the 1980 UNESCO General Assembly.42Preface to the Many Voices, One World, President of the Commission, Sean MacBride(UNESCO, Paris, 1980), xviii.43Rainer Kuhlen, “Why Are Communication Rights So Controversial?” In Heinrich BöllFoundation, ed., Visions in process. World Summit on the Information Society Geneva2003–Tunis 2005 (2004). Also in World Association for Christian Communication (WACC) publi-cations 2004/3, available at: http://wacc.dev.visionwt.com/wacc/our_work/thinking/communication_rights/why_are_communication_rights_so_controversial.

importance of media in development is more universally acknowl-edged than it has been in the past. Perhaps above all, nearly all actors(at least outside of government) argue that freedom of expression isa fundamental and nonnegotiable foundation stone for all debate inthis area, and that much of the debate on public interest approachesto media must focus on enabling people living in poverty to realizeand exercise their rights to freedom of expression, rights that areimpossible to exercise without the creation of platforms throughwhich they can communicate.44


44A meeting held at the Rockefeller Foundation’s Bellagio Centre in 2003 brought togethera group of media actors with highly diverse views and backgrounds to assess the degreeof consensus on issues regarding media freedom and poverty. The resultant statementsuggests agreement on many key issues. See Bellagio Statement on Media, Freedom andPoverty, available at: http://www.panos.org.uk/global/Rprojectdetails.asp?ProjectID= 1033&ID=1002&RProjectID=1058.

Broadcasting Sectors and Types2C

HA

PT

ER

Although much of the good practice discussed in Part II of this guideis relevant to all media, the overall focus of the guide is primarily onthe traditional broadcast media (i.e., radio and television). In an erain which ever more attention, not least in the media, is devoted tonew media, including the multiple forms generated by the Internet,and in which the print media continue to confound premature pre-dictions of their demise, this deserves an explanation. The rationaleis both substantive and practical.

Factors that influenced the decision to limit the scope of the guidein this way are outlined in this chapter and serve as an introductionto the subsequent sections in which the main types of broadcastingand their dynamics and interrelationships are described.

A Focus on BroadcastingBroadcasting retains a position of enormous influence over social,cultural, and political life in nearly all parts of the world for a num-ber of reasons.

Table 2.1 compares Internet and telephone access with television(including home satellite) and radio.

Although it might reasonably be con-cluded that high income people can obtainmuch of their information and media over theInternet, this is certainly not the case in lowerand lower middle income groups. Here radioand television (only a small proportion watchhome satellite) are the primary media outlets.Given that communal viewing and listening

30

This guide focuses onbroadcasting because . . .

. . . radio and television arethe media with the greatestreach, especially amongpoor people . . .

are far more common in poor countries than in wealthy ones, the actualproportion of the population that consumes radio and television is likelyto be considerably higher than the proportion that owns a set. Furthermore,radio and television coverage in 2002 (i.e., the population living in areasthat can receive a signal) was 96 percent and 83 percent respectively.1

Directly comparable figures for print media and Internet areunavailable. However, Table 2.2 suggests that, with a few exceptions,especially in countries in transition, newspaper circulation is wellbelow the figures for radio.

A recent comprehensive survey oftelevision in twenty European countries,all but four being transition countries,concluded the following:2

. . . despite the rapid expansion of theInternet, television has maintained itsmassive appeal to viewers worldwide.Over the past ten years, television-watching has been on the rise, and in2003 the average viewing time in Eu-rope was more than three hours a day

Broadcasting Sectors and Types 31

1ITU, World Telecommunication Development Report (Geneva, 2003).2The countries included were: Albania, Bosnia & Herzegovina, Bulgaria, Croatia, CzechRepublic, Estonia, France, Germany, Hungary, Italy, Latvia, Lithuania, Poland, Republicof Macedonia, Romania, Serbia, Slovakia, Slovenia, Turkey, and United Kingdom. View-ing data was unavailable for the first two.

TABLE 2.1 Total per 100 Population of: Internet Subscribers; TelephonySubscribers; Television Sets; TV Home Satellite as a % of Total Televisions;and Radio Sets

Phones Television % TVs with RadioInternet: (Fixed + Mobile): Sets: Latest Home Satellite: Sets: Latest

2004 2004 Figures Latest Figures Figures

Low income 2 7 8 3 16Lower middle

income 8 44 32 12 37Upper middle

income 16 69 37 9 48High income 53 131 74 22 74

Source: ITU World Telecommunication Development Report 2006, Table 1, 19. (Radio figurescalculated by weighting the radios per 100 population by population.)

. . . broadcasting retains alead over newspapers interms of circulation . . .

. . . television viewing isrising, and is the main, andmost influential, source ofinformation in manyregions. . . .

. . . the average viewing time for adults increased. . . in CEE[Central and Eastern Europe] from 208 minutes in 2000 to 228minutes in 2003.3

Furthermore, “although in some coun-tries overall trust in the media has declinedin recent years, all country reports in this re-search confirm that television is still themain source of information for the popula-tion . . .”4 and is “widely considered to be

the most influential medium in forming public opinion.”5

A study covering twenty countries in Africa found that, incontrast to transition countries:

radio dominates the mass media spectrum . . . Television isless widely available, especially in rural areas. Newspapersremain concentrated in urban centres with varying growthpatterns across the countries. In the new media sectors, the


3Open Society Institute, Television across Europe: Regulation, Policy and Independence, vol. 1,(2005), 39.4Ibid., 40.5Ibid., 21.

TABLE 2.2 Newspaper circulation per 100 population (most recentfigures) World Press Trends, WAN, 2004

Countries in Transition Latin AmericaBulgaria 47 Ecuador 14Ukraine 27 Costa Rica 11Slovenia 21 El Salvador 6Estonia 20 Argentina 6Czech Republic 19 Brazil 5Latvia 18 Dominican Republic 4Hungary 18 Colombia 4Serbia-Montenegro 16 Uruguay 1Croatia 14 AsiaBelarus 13 Malaysia 18Poland 13 China 9Slovakia 12 Pakistan 8Macedonia 10 India 4Romania 7 Sri Lanka 4Bosnia & Herzegovina 3 Indonesia 3

Sub-Saharan Africa Mongolia 2South Africa 4 North AfricaZambia 1 Egypt 4Uganda 0.6 Tunisia 3Tanzania 0.3 Morocco 2

Figures are rounded to nearest unit.

. . . radio in Africa remainsthe most important of allmedia, especially in ruralareas where most peoplelive . . .

adoption of mobile telephony has been the most spectacular,far exceeding uptake of the Internet.6

The dominance of broadcasting is not surprising: Broadcasting—particularly radio broadcasting—is low cost, easy to use, and readilyaccessible.

It is also the case that broadcasts do not privilege the literate. This ac-cessibility is a considerable asset, given that adult illiteracy is 38 percentin low-income countries, where 37 percent of the world’s population live,and of course the incidence is much higher among the poorest in thesecountries.7 Further, broadcasting can most easily speak to marginalizedcultural groups in their own languages.

Radio is particularly accessible infinancial terms. A cheap radio receivertoday costs only two or three dollars and,for many of the world’s poorest people, itis the only source of news and informationbeyond word-of-mouth communication. It does not require electric-ity, or even batteries in the case of wind-up models. Significantly, interms of its potential for widespread small-scale use, and the poten-tial for community participation, a radio station can be establishedfor as little as US$1,000 and has very low running costs.

Where broadcasting is not only informative but also participatory, it canhelp to build capacities that contribute to a healthy governance environ-ment, cultivating collaborative leadership capabilities, self-confidence, andcollective engagement. The audience, including those who are otherwisemarginalized and without voice, can contribute to setting the agenda, ex-press themselves, influence their community or society, and call for govern-ment action. A critical mass of suchprogramming promotes an effective two-wayflow of information between the governmentand the people that serves not only to promotebetter-designed policies and more-effectiveimplementation of projects but also to high-light flawed development initiatives, wrong-doing, or government policies or programsthat can harm the poor.


6African Media Development Initiative (AMDI), Research Summary Report (BBC WorldService Trust, 2006), 13.7World Bank, World Development Report 2007: Development and the Next Generation (2007),table 1.

. . . radio does not privilegethe literate, and is lowcost, easy to use, andreadily accessible.

Where broadcasting isparticipative, it canpromote the two-way flowof information betweenpeople and government,and can be a buildingblock for deliberativedemocracy.

Community-based and some public service broadcasters, in par-ticular, tend to be highly participatory and to encourage immediatefeedback and discussion over the airwaves. They can enable commu-nities to develop and sustain the knowledge, aptitude, and critical-thinking skills for the broad-based citizen engagement that isfundamental for participatory development. As such, they are abuilding block for a culture of deliberative democracy.

In short, the vigor and reach of the broadcasting sector are particu-larly important in the context of developing countries, where the bulkof the population may be illiterate or semiliterate, and where largenumbers of people may be isolated from news, information, and pub-lic discourse.8 Newspapers are often accessible only to the educatedelite and available only in large towns and cities. The Internet, evenwhen available, lacks the capacity and flexibility of broadcasting,especially radio, to accommodate cultural and linguistic diversity.9

Overall, broadcasting retains a central role in social, cultural, andpolitical life, especially in those sections of the world and amongthose communities that can benefit most from enhanced governanceand development.

However, a practical consideration alsoinfluences the scope of this guide. For a va-riety of reasons, including the use of radiospectrum, which is a scarce public resource,and the distinctive characteristics of broad-casting (what have been described as itspervasiveness, invasiveness, publicness and

influence),10 the nature and form of broadcast media regulation are dis-tinct and differ significantly from those of print media and the Internet.Although there is undoubtedly a need for a good practice guide to theenabling environment for other media, the unique impact and scope ofbroadcasting and its distinctive policy and regulatory characteristicsand requirements merit a dedicated guide.


8See, for example, World Bank World Development Report 2000/2001: Attacking Poverty(2000), 4.9See, for example, Carter Eltzroth and Charles Kenny, Broadcasting and Development:Options for the World Bank (World Bank Group, October 2003), 3–4.10Damien Tambini and Stefaan Verhulst, “The Transition to Digital and Content Regula-tion,” in D. Tambini, ed., Communication Reform (London: Institute for Public PolicyResearch, 2000).

In practical terms, someunique features ofbroadcasting, as comparedto other media, haveinfluenced the decision tofocus on broadcasting.

Basic Broadcasting TypesBroadcasting, both radio and television, can be defined across a rangeof overlapping models of ownership and control, from state-con-trolled to public service broadcasters, to private commercial owner-ship at global to local levels, to nonprofit and community ownership.Each is governed by different dynamics and embodies a different setof interests, but the configuration in any given country is the resultgenerally of a unique, sometimes lengthy and complex, historicalevolution. No two regimes are identical and the concept of an “ideal”model of broadcasting fails when confronted with the diversity of dif-ferent national contexts. No single size fits all.

Even twenty-five years ago, national broadcasting systems could beclassified according to the prevailing political systems in each of thecountries concerned. Most European countries had a single monopolybroadcaster—although operating according to very different sets ofprinciples in the West (public service) and in the East (state control). InAfrica and most of Asia, too, national broad-casting was strictly government owned andoperated. At the other extreme, the Ameri-can free enterprise model of broadcastingwas operational in most of the Americas(with notable exceptions). The number ofcountries with “mixed” systems was small,and included the United Kingdom, Japan, Australia, Canada, and Fin-land. Where it existed, community broadcasting was a strictly local, mar-ginalized phenomenon with few links to the mainstream. Globaltelevision barely existed.11

Since then the broadcasting world has changed utterly, as pro-fessor of ethics, media, and communication Marc Raboy has writ-ten, marked by three sets of parallel developments:

1. The explosion in channel capacity and disappearance of au-diovisual and telecommunication borders made possible bynew technologies and digital convergence;


11Marc Raboy, “The World Situation of Public Service Broadcasting: Overview andAnalysis,” Ch. 1, Public Service Broadcasting: Cultural and Educational Dimensions(UNESCO, 1997).

Unlike even a few decadesago, there now exists awide variety ofbroadcasting models interms of ownership andcontrol.

2. The disintegration of the state-con-trolled broadcasting model with thecollapse of the socialist bloc and themove toward democratization in vari-ous parts of the world; and

3. The upsurge in market-based broad-casting and the introduction of mixedbroadcasting systems in the countrieswith former public service monopolies.

Far from being distinct from one another, these phenomena are in a com-plex interrelationship with respect to the emergence of new forms ofbroadcasting, locally, nationally, and internationally. The outcome is a farmore variegated system of broadcasting, and one that is still in a dy-namic process of change driven by global forces of market development,technological change, and the forging of a globalized culture. Thus a ty-pology of national models of broadcasting today has to make room for alarger number of variants and combinations.

Four basic types of broadcasting (some with subtypes) coexist in different variations and combinations in any given country; broad-casters directly controlled by government, public service broadcast-

ers, commercial broadcasters, and communitybroadcasters.

The following brief overview describesthe dynamics of each.

Government Control of BroadcastingDirect monopoly government ownership and control of broadcastingcontinues to exist in a number of developing countries, such as Belarus,Zimbabwe, Turkmenistan, China, and Myanmar (Burma). However, it isnow widely agreed that a state monopoly on broadcasting can seriouslycompromise the potential for broadcasters to serve as a reliable source ofimpartial information and diverse perspectives, and to play a positiverole in governance and development.12 Even in a nonmonopoly


12World Bank, World Development Report 2002: Building Institution for Markets (2002),183–188.

Four basic models ofbroadcasting now exist, butin various combinations inany given country.

Several factors havebroken down the regionallydistinctive models of thepast, including the growthin channel capacity, theelimination in effect ofborders, and the decline ofthe state-controlled modelcoupled with the growth ofthe market model.

situation, direct state control is always open to potential governmentmanipulation. The reliability of news and information on government-controlled broadcasters is often in doubt since they have a particularpoint of view and interest to protect. The lack of trust in government-controlled news and information can result in a cynical, rather than anengaged, public.

Although the government’s controlover content may purport to be a means ofensuring it serves development priorities, itdoes not empower citizens or promote ef-fective and equitable participation, or ac-countability. As a result, benefits ofbroad-based participation—such as im-proved policy design and implementation,and greater ownership over developmentinitiatives—are unlikely to be realized. Forthe same reasons, inequities or ineffective-ness in development will rarely be identified or resolved, particularlywhen these result from specific government biases, as opposed to over-sights. Even more seriously handicapped when they are subject to gov-ernment control is broadcasters’ ability to promote democracy andgood governance, to expose corruption, and to hold leaders to account.

For these reasons, this guide is not aimed at those governmentsseeking to maintain ownership and control of broadcasting, and thisparticular model will not be considered further as this is a guide to good practice. There is, however, a growing impetus in manycountries across several regions to transform hitherto government-controlled broadcasters into public service broadcasters (see thefollowing).

Public Service BroadcastingPublic service broadcasters, at their best,are independent of government and com-mercial interests and are dedicated solely toserving the public interest. In most casesthey remain in some form of public owner-ship but operate under a statute that explic-itly confirms their editorial independence


Direct control ofbroadcasting is widelyconsidered to be againstthe public interest, biasedtoward the governmentview, lacking inparticipation, and inhibitingboth development anddemocracy. This model isthus given no furtherconsideration here.

Public servicebroadcasting must beindependent ofgovernment andcommercial interests,aiming solely to serve thepublic interest.

from the government of the day and establishes governance arrange-ments that are intended to assure it. In Western Europe, until the emer-gence of commercial broadcasting in the last third of the twentiethcentury, monopoly public broadcasting was the predominant broad-casting model. The principle of ensuring editorial independence andpublic service objectives is more or less embedded today in the broad-cast systems of many of the member states of the European Union, to-gether with Norway, Switzerland, Canada, Japan, South Korea, NewZealand, and Australia, and it has been increasingly used as the modelfor reform of state broadcasting in Africa, Asia, and Eastern Europe.

In contrast to the approach in Europe, broadcasting in the UnitedStates and most of Latin America has been dominated by commercialbroadcasters. Public service broadcasting did not emerge in theUnited States until the late 1960s, and then in a very different formfrom that in Europe. The 800 public radio stations and 350 public tel-evision stations in the United States are owned mostly by universities,nonprofit organizations, and local or state governments. The bulk oftheir funds are from listener and viewer donations and corporatesponsorships, but the sector also receives a substantial annual grantfrom Congress.13 In Latin America, publicly owned broadcasters havehistorically been weak and underfunded, and some have undergonepartial or full privatization rather than reform toward the publicservice broadcasting model.

In countries where public servicebroadcasters are established and well re-sourced, such as the United Kingdom,Japan, Germany, the Netherlands, theNordic countries, and Australia, they oftenattract large audiences and are a keydriver in maintaining program quality andpromoting technical innovation across thebroadcasting sector.

Where public broadcasters are inde-pendent and have a clear mandate, they can make a significant con-tribution to good governance and accountability, broadcastingdiversity, and the ability of the broadcasting sector as a whole to play


13In 2007 this will be $400 million, of which $263 million is for direct distribution to radioand TV stations and $105 million for syndicated program production.

Public broadcasters canenhance governance anddevelopment by achievingnational reach, providingquality programs andjournalism, articulating thediversity of views, andpromoting broad publicdebate.

a positive role in society and development. Depending on the specificmandate of the broadcaster in question, they may do this by, amongother things, ensuring full national reach for their broadcasts; pro-viding quality programs, including investigative journalism and in-formational and educational programming; articulating the viewsand interests of all sectors and groups in society; and promotingbroad social debate about matters of public importance.

One institutional approach, characterized by the British Broad-casting Corporation (BBC) in the United Kingdom and the JapanBroadcasting Corporation (NHK) in Japan, is to establish a largenational public broadcaster, under unified editorial control. Other ap-proaches have been adopted, for example in France, where a numberof distinct public broadcasting services are run by different publicinstitutions and operate under different governance models. InGermany, the public broadcasting system operates on a regionalbasis, with some shared programming constituting a basic nationalservice. In the Netherlands, different national program-making com-panies share the same broadcast infrastructure and are comple-mented by separate regional and local services.

Commercial Private Sector BroadcastingLiberalization of the broadcasting environment, understood as open-ing up to greater private sector participation, has been the over-whelming trend in broadcasting policy worldwide despite thecontinuing reluctance of many governments to cede control of thiskey national resource. This has been driven by political change, com-mercial opportunity, and technological development. Recent liberal-ization efforts in many countries have focused initially on opening upthe airwaves to allow for the licensing of commercial broadcasters,but they have not always considered otherusers and in particular the potential inter-est in and usage by nongovernmental andcommunity-based organizations.

In parallel to liberalization, and in partdriving it, technological developments,such as cable, satellite, and the Internet,and the emergence of more efficient digitalproduction and distribution technologies,


Commercial private sectorbroadcasting is thedominant trend, driven inpart by new technologies,and its growth has in manycountries enhanced therange and diversity ofcontent.

are vastly increasing the number of channels that can be delivered toconsumers. These developments have been marked by intense com-petition for position, as poorly performing publicly owned and oldercommercial broadcasters face the risk of extinction while new ser-vices capture mass audiences.

Together, liberalization and technological developments have led toan explosion of commercial broadcasting in a growing number of coun-tries in Africa, Asia, and Eastern Europe. The ending of state broadcast-ing monopolies and the introduction of choice and competition havebrought significant benefits for audiences both by increasing the rangeand diversity of programming and by enabling greater responsiveness toaudience demand and interest.

Commercial broadcasters can play animportant role in promoting the publicinterest through their program services.There are examples from diverse countriesof commercial broadcasters, including atlocal level, that have distinguished them-selves with news coverage and investiga-tive reporting that informs the public andsheds light on important inadequacies ormalfeasance in government. Some com-mercial broadcasters see their public infor-mation role as paramount, and contributegreatly to developing public awareness ina regional or global audience. In many

countries, regulatory mechanisms mandate, in exchange for access tothe publicly owned airwaves, minimum levels of news broadcasting,public service announcements, guaranteed access to political candi-dates under equal-time rules, and other public interest-oriented pro-gramming.

At the same time, commercial broadcasters, by the very nature oftheir for-profit business, are often constrained in the degree to whichthey can contribute to wider public goals, including good gover-nance. Broadcasters face pressures to improve bottom-line results byreducing costs and maximizing audience. This generally promotes afocus on cheaply produced popular or imported entertainment for-mats and mass-marketed programs, and minimal investment in spe-cialist or more costly public interest program content. Market forces


Some commercialbroadcasters haveproduced quality news andreporting, sometimesmandated by regulation.Bottom-line pressure togenerate profits can leadto a focus on low-costprograms, satisfyingadvertisers, and targetingwealthier viewers andsubscribers. The potentialto fulfill the public interestcan thus be constrained.

tend to prevent commercial broadcasters from rigorously serving thepublic interest through in-depth news, analysis, and information.There is a tendency to target primarily those with spending power inorder to deliver consumers to advertisers or attract paying sub-scribers. The prevailing trend among private broadcasters is to viewtheir news coverage as a commodity, with no greater priority than therest of their programming, and this has in turn led to an unwilling-ness to allocate significant resources to produce in-depth news re-porting and analysis. These tendencies, which are a product of themarket and regulatory environment in which commercial broadcast-ers operate, have constrained the potential role of commercial broad-casting in promoting equitable and sustainable development.

Community Nonprofit BroadcastingSince the late 1940s, a new form of broadcasting has emerged that is to-day known as community broadcasting. Independent of the govern-ment, having social objectives, and not run for profit, communitybroadcasters have been established by civil society groups and organi-zations in all regions and most of the countries of the world.

Community broadcasting has devel-oped in response to the needs of grassrootssocial movements and community-basedorganizations to find an accessible and af-fordable means to express their own issues,concerns, cultures, and languages, and tocreate an alternative to the national broad-caster and the growth of commercial media.

It is this bottom-up rationale that sets community broadcastingapart from its local commercial counterpart. Its relationship to thecommunity is different in terms of its mandate from the community,which requires ongoing renewal; in terms of its governance and theneed for transparency and participation; and, also, in terms of eco-nomic sustainability. For while community broadcasters can on theone hand draw from the community for funding, they must on theother hand be more wary of pressures from commercial advertisingand public funding. Furthermore, community broadcasting has animportant transformative role through the empowering activitiesthat occur in the very process of mobilizing participation.


Community nonprofitbroadcasting has a specialdevelopment role to playfor those facing povertyand exclusion, is highlyparticipative, and can offeran avenue into influencingpolicy.

Local and community-based media have become recognized ashaving a particular role to play for people and communities facingpoverty, exclusion, and marginalization, and by giving voice to thesecommunities can contribute to governance through wider and better-informed participation.14 They can assist in providing access to infor-mation and can stimulate debate, including in local and vernacularlanguages. They can reinforce traditional forms of communication,such as storytelling, group discussion, and theater, and they can en-able grassroots participation in policy making and democracy. Usingtechnologies that are appropriate and affordable, they can reach outto the most remote communities and to people from all walks of life.

A recent major report, involving seventeen countries in Africa,found widespread support among media stakeholders for initiativesto support community media, pointing to:

the role of community media in advancing developmentobjectives; community media success in giving a voice tocommunities; and, the sector’s ability to empower and skillcommunities who participate in supporting activities gener-ated by such media.15

Community broadcasters often de-velop their programs through communityconsultations in focus groups and inter-views. Their programming includes phone-in and write-in question-and-answerprograms, regular programs on particularthemes, roundtable discussions, commu-nity reporting on events and issues, broad-casts of local government meetings, anddevelopment-oriented information pro-

grams. The stations perform an important public service for poor con-stituencies, eliciting their views and concerns, enabling them to raiseissues and problems that might otherwise be taboo, and encouragingthem to speak out, both among themselves and to local government.

At its best, community broadcasting has improved the internaldialogue, problem solving, and self-organization of the people it


14See, for example, Declaration of the Ninth United Nations Roundtable on Communications forDevelopment (Rome: Food and Agriculture Organisation, 2004).15AMDI Research Summary Report (BBC World Service Trust, 2006), 94.

Community broadcasterscan improve localdialogue, enhancecapacities, and be aneffective conduit forinformation in alldirections. Radio isespecially effective andsometimes viable even forvery poor communities.

serves, and given people the self-confidence to talk directly to localofficials to get action. From a developmental perspective, communityradio, in particular, has been a highly effective medium. Not only dothe participatory programs on community radio profoundly improvepoor and marginalized people’s ability to articulate issues needingattention, but they also encourage hitherto isolated people to reachout for information and advice when they need it, for example, bygetting experts (such as a nurse or an agricultural extension worker)in the area to volunteer their time, sometimes on a weekly basis, andto give advice on the air. When programs include sensitive topics,such as domestic violence, child abuse, or alcoholism, they open up aspace for families and neighbors to discuss the programs and theirviews on the topic. Experience shows that this kind of discussion canhave significant impacts on people’s behavior, and on their ability tocooperate and deal with social problems that have, in some cases,been corroding their communities.

Opening the Range of Broadcasting TypesThe consideration of four relatively distinct types of broadcasting,just described, is not intended to suggest that they each operate in adiscreet domain, motivated by a uniqueset of values and principles and seekingdifferent target groups, but rather isintended to highlight the different values,principles, and outcomes that can motivatethe provision of broadcasting services.There is considerable scope for delibera-tion among stakeholders, including policymakers, regulators, the media, and thewider public, regarding the balance andmix appropriate to different circum-stances, and the extent to which regulationcan be designed so that the broadcastingsystem as a whole can achieve public in-terest goals. Part of the objective of policy,and of the regulator, is to deploy measuresthat steer the motivations and outcomes ofeach sector in a particular direction.


Distinct broadcastingtypes, each uniquelymotivated by internalvalues and dynamics,coexist in any givencountry, and the specificmix is open toconsiderable influence.

Policy and regulation aimto influence the dynamicsand motivations of eachtype of broadcaster withinthe mix, and can steer theoverall media sectortoward a public interestapproach.

At the simplest level of analysis, the business model of eachbroadcasting type, its sources of sustainability and internal growthdynamic, is distinct. Each confronts pressures from various direc-tions, and a course must be navigated between sometimes conflictingdemands: for instance, public service broadcasters must balance theneed to produce high-quality independent content reflecting the fulldiversity of views against the need to avoid influence from the gov-ernments which are its main source of income. Commercial broad-casting must navigate a course between establishing a significantmarket share through quality programs and the drive to maximizeprofits through lowest-cost content and advertising-maximizing au-diences. And community broadcasters, the most economically pre-carious of the three, must strike a balance between their mandate togive voice to the community in a participatory and diverse mannerand their constant struggle with the capacity to deliver. In the absenceof a stable economic base, community broadcasters may have to steera course between insularity and potentially compromising their in-dependence and legitimacy.

But in reality these underlying forces are interwoven with morecomplex trends and interactions between the sectors, which are farmore than mere nuances. Presented in isolation these dynamics courtcaricature, failing to reflect any given broadcasting system’s flexibilityand environmental specificity. Broadcast policy and regulation do notattempt to reduce broadcasting to its simplest constituent forms; butrather strive to create an appropriate mixture that best contributes tothe public interest by influencing how, in their unique circumstances,these diverse sectors mesh in a particular national system. Policy mak-ers and regulators have developed a range of instruments to achievethis, and some good practices are outlined in Part III.

At this point a word on the differenttypes of regulatory agencies is relevant, asthese can substantially affect the shapeand functioning of broadcasting.

This guide makes a case for an inde-pendent regulator. This concept, which isdiscussed in depth in Part III, can bebriefly defined as a regulator that can pur-sue stated, accepted, legitimate goals in amanner that is free of undue political


An independent regulatorcan be a vital instrument inachieving the right mix.Regulators are subject tovarious forms of failure, butthe type of regulation andcapacity of the regulatorare key factors insuccessfully implementinga public interest approach.

influence. This kind of regulation can be differentiated from directgovernment regulation, for instance through a Ministry of Informa-tion or Ministry of Communication. But this sharp distinction dis-guises other trends. Regulatory agencies can be subject to “capture,”that is, excess influence from the industries that are subject to super-vision. Some agencies are “converged,” having oversight acrossmany forms of communication (including telecommunication) as theactual distribution processes and infrastructures become inter-meshed. Some regulatory agencies have what is termed external plu-ralism, and make a conscious effort to ensure many stakeholders arerepresented on their boards. Often the regulation (or self-regulation)of the public service broadcaster is distinct from that of the rest ofbroadcasting. Many of these differences are raised again later in thisguide. The point here is that the nature of the regulator and its ca-pacity to fulfill legitimate objectives can be critical factors in deter-mining the specificity of any given configuration of broadcasting andits ability to fulfill the public interest.

The diversity of circumstances, approaches, and institutions givesrise to variations of each of the broadcasting types, and some hybrids.

For instance, the line between community broadcasting and pub-lic service broadcasting is thin in countries like the Netherlands,where local authorities hold both television and radio “community”licenses and provide funding, but local communities have a decisiveinfluence on structures and content. In Sri Lanka, the few “commu-nity” radio stations are formally owned by the public broadcaster,SLBC, though the community maintains a high degree of local par-ticipation. In a number of countries local commercial radio and com-munity radio are barely distinguishable, particularly where they arisefrom, or become part of, a wider social movement for change whereradio can and has played a key role. They can evolve later into eithercommercial or community forms.

Furthermore, regulation of the community sector need not pre-clude market-based mechanisms and instruments, even ones that donot discriminate between the commercial and community sectorswhile recognizing the specificity of each. Some poor communities, forinstance, neither can attract the advertising revenue needed tosustain a local commercial radio station nor do they have the level ofcapacity and organization needed to sustain the collective effort ofbuilding a community station. Policy measures to address “market


failure” can be devised to enhance the feasibility of either or bothsectors to provide a service to such underserved communities. An in-centive package could offer a subsidy to a local broadcaster subject tolicense conditions to provide at least a modicum of news and devel-opment-related content. What emerges can be a local station run byan individual entrepreneur; or a community channel run by the moreactive local groups—or even a hybrid where a local commercialenterprise works closely with a board of community interests.

Public service television also has variants, including a second“tier” that represents a distinct model. It has been described as“alternative public broadcasting” and operates successfully in a numberof countries as a complement to traditional public service.16 Likepublic service television such stations are established initially bygovernment and exist independently of government as a nonprofitentity or corporation. But they are distinguished usually by a specificmandate to provide a finely focused service. Channel 4 in the UnitedKingdom has a mandate to broadcast distinctive innovative andcreative programs, and to enhance cultural diversity, but it operates ina commercial environment and commissions all its programs.17 TheFrench/German cultural channel Arte18 delivers cultural output; andthe Australian Special Broadcasting Service (SBS) provides exclu-sively multilingual and multicultural radio and television services inup to sixty languages.19 In Mexico, the closest thing to a public servicebroadcaster is run by the National Polytechnical Institute.20 A numberof regional publicly funded broadcasters in Canada, Spain, and else-where fall into the same category.

The interaction between the fundingbases of commercial broadcasting sectorsand public service broadcasting also influ-ences the shape of the broadcasting


16Marc Raboy, “The World Situation of Public Service Broadcasting: Overview andAnalysis,” Ch. 1, Public Service Broadcasting: Cultural and Educational Dimensions (Paris:UNESCO, 1997), 19–56.17Channel 4 in the United Kingdom, available at: http://www.channel4.com/about4/overview.html.18French/German cultural channel Arte, available at: www.arte.tv.19Australian Special Broadcasting Service, available at: http://www20.sbs.com.au/sbscorporate/index.php?id=.20National Polytechnical Institute of Mexico, available at: http://www.oncetv.ipn.mx/.

The interaction betweenfunding bases of differentbroadcasting types caninfluence their shape.


system. Efforts to distance the financing of public service broadcast-ers from government control can pit them against commercial broad-casters. In small or poor countries a license fee or other fundingmechanism is often insufficient to ensure the viability of public ser-vice broadcasting, and a regulated volume and form of advertising ispermitted. A heavy reliance on advertising, however, puts public ser-vice broadcasters into direct competition with commercial broadcast-ers, while potentially subjecting them to similar pressures fromadvertisers.

Thus there are many gradations and overlaps to be found outsidethe three-sector model, and these can be accentuated and shaped bypolicy and regulation so as to open a wider spectrum of possible com-binations in different circumstances.

Regional BroadcastingCharacteristics and Trends3C

HA

PT

ER

What do broadcasting systems look like in reality, in different regions? What are their main dynamics and trends?

What follows is a review of broadcasting in the different regions.The aim is to assess the extent to which commonalities in broadcast-ing trends and dynamics can be distinguished, with a view to con-textualizing the legal, policy, and regulatory good practice outlinedin Parts II and III.

The conclusion focuses on an emerging paradigm in broadcastingshared by much of the world, though often more as aspiration thanimplementation.

The Media Environment RegionallyThere is a paucity of comparative empiri-cal and analytical data on broadcasting atthe global level, and indeed most researchin the area bemoans the lack of such mate-

rial. There is no consistent global review of broadcasting, and onlyvery few statistical indicators—covering the availability of televisionsets and radios at national level and little else. In terms of the en-abling environment for media, however, there are a few sources.

Table 3.1 offers a comparative view of general press freedom in thedifferent regions, developed by Freedom House using a methodologythat covers the legal, political, and economic environment for allmedia. A picture emerges of virtually ubiquitous restrictions on mediafreedom in the Middle East and North Africa (MENA), and over 50 percent of the population of Asia Pacific and Central and EasternEurope (CEE) living in countries with restricted media freedom.

48

At the regional level, theoverall environment formedia varies considerably.

Regional Broadcasting Characteristics and Trends 49

TABLE 3.1 Press Freedom 2006: Countries and Percentage ofPopulation “Not Free,” by Region

Total Number of % Population for WhichRegion Countries Countries “Not Free” Media Is “Not Free”

Americas 35 4 10Sub-Saharan

Africa 48 22 35Asia Pacific 40 15 52Central and

Eastern Europe 27 10 56Middle East and

North Africa 19 16 96

Source: Freedom House, Map of Press Freedom, 2006. http://www.freedomhouse.org/.

FIGURE 3.1

Freedom of Information Laws 2007 by Region

0% 20% 40% 60% 80% 100

Middle East and N. Africa (18)

Sub-Saharan Africa (39)

Southeast Asia (9)

South Asia (7)

Latin America (24)

Former CIS (7)

FoI Enacted Pending effort to enact No law/not operative

Source: Privacy International. http://www.privacyinternational.org/issues/foia/foia-laws.jpgNumber of countries counted in parentheses.

The MENA region also comes in at thebottom of Figure 3.1, on the enactment offreedom of information laws, as moni-tored by Privacy International.

More directly related to broadcasting,a team of researchers undertook a studyin 2001 of the ownership of the top five

In terms of the legal,political, and economicenvironment for pressfreedom, the MENA regioncomes in as least free,followed at a distance byCEE and Asia Pacific.

television channels in 97 countries around the world.1 Table 3.2summarizes the regional comparison in 1999.

MENA countries were rated highest in1999 in terms of state ownership and mar-ket share, followed by CEE and former So-viet countries, then Asia Pacific andWestern Europe. The Americas exhibit astrong bias toward private ownership.While offering a useful snapshot of owner-

ship, these figures do not differentiate between state control and pub-lic service television, in which major regional differences also exist. Thefigures are also somewhat dated.

Despite the absence of consistent global data on the broadcastingsector, a partial comparative regional overview can be pieced to-gether from a variety of sources, including some recent multicountrycomparative surveys in Europe, transition countries and Africa, sev-eral partial global databases and surveys, and a variety of reports. Anumber of regions or subregions are considered below, with a focus—data permitting—on the overall broadcasting environment, the broad-casting sectoral composition, the legal/regulatory environment andthe reality of its implementation, and dynamics and trends. Theemphasis is on developing countries and regions in which the


1Simeon Djankov, Caralee McLiesh, Tatiana Nenova, and Andrei Shleifer, “Who Owns theMedia?” (Harvard Institute of Economic Research Paper No. 1919; World Bank Policy Re-search Working Paper No. 2620, April 19, 2001), extracted from table 2, available at SSRN:http://ssrn.com/abstract=267386.

TABLE 3.2 Television Ownership Distribution 1999

Ownership of Top 5 Division of Market Share of Top 5Region Channels (regional average) Channels (regional average)

State Private State Private

Africa 78% 19% 85% 15%Americas 17% 78% 11% 85%Asia Pacific 65% 34% 70% 30%Middle East and North Africa 93% 7% 94% 6%Central and Eastern Europe,

Transition countries 80% 20% 73% 27%Western Europe 48% 52% 55% 45%

Note: Where figures do not add up to 100%, an “other” category comprises the remainder.

In relation to freedom ofinformation, the MENAregion, Sub-SaharanAfrica and Southeast Asiaare closely clustered at thebottom.

broadcasting sector is undergoing change driven either by externalfactors or by a demonstrable government desire to reform.

Region by RegionSub-Saharan AfricaSub-Saharan Africa is probably the least researched of regions,2 butseventeen countries there were the subject of recent comparative re-search by the African Media Development Initiative (AMDI).3 Sub-Saharan Africa is characterized by a young and growing population,with low literacy rates in many countries.In nine of the countries surveyed, over 60percent of the population is rural, oftenwith poor transport and no electricity.Radio, the AMDI study found, is the dom-inant medium in Africa:

Radio dominates the mass media spectrum with state-controlled radioservices still commanding the biggestaudiences in most countries but regional(within country) commercialstations demonstrating the largest con-sistent increases in numbers, followed bycommunity radio, where growth,although significant in certain countries, has been inconsistent.Television is less widely available, especially in rural areas,although it is seen as a growing force.4


2The AMDI Research Summary Report notes: “. . . despite the wealth of valuable insightsavailable from other published research, systematic and reliable data on the sector is un-derdeveloped or non-existent. There is a lack of robust research, on a continental scale,demonstrating what is and is not working in the attempts by many players to strengthenAfrican media. The lack of reliable information has been a factor constraining private andpublic (donor) investment” (13).3The countries covered are: Angola, Botswana, Cameroon, Democratic Republic ofCongo, Ethiopia, Ghana, Kenya, Mozambique, Nigeria, Senegal, Sierra Leone, Somalia,South Africa, Tanzania, Uganda, Zambia, and Zimbabwe. African Media DevelopmentInitiative, Summary and Seventeen National Reports (BBC World Service Trust, 2006), avail-able at: http://www.bbcworldservicetrust.org/amdi.4Ibid., 33.

Sub-Saharan Africa, withits large rural population,prefers radio, but televisionis growing.

A move is under waytoward independentregulatory agencies, theadoption of freedom ofinformation legislation, andthe transformation of state-controlled into publicservice broadcasters.

Religious broadcasters, especially in radio, play a major role inseveral countries and account for the main growth in non-statebroadcasting since 2000.

Africa has seen a gradual movement in the media regulatory par-adigm over the past decade:

It is now generally based on a democratic model of separa-tion of powers—the establishment of independent broadcast-ing regulatory bodies—while acknowledging the right of thebroadcasting media in general to regulate themselves (mediacouncils). This is accompanied by adopting freedom of infor-mation legislation and pursuing the goal of transformingstate broadcasting into public-service broadcasting.5

The shift is neither complete nor unprob-lematic and countries exhibit varying levelsof commitment to the model’s principlesand to its implementation in practice. Eightof the seventeen countries have legislatedfor independent media regulators, but thereis widespread skepticism regarding their in-

dependence.6 A number of others have state-run regulatory bodies.Legislation aiming to secure the independence of publicly ownedbroadcasting was in place in six of the seventeen, with three more work-ing toward it. However, few of the public service broadcasters createdare fully independent of government, and most are subject to interfer-ence and patronage. Community broadcasting is given basic recogni-tion in ten of the countries in the study, but often on a piecemeal basisand with little support offered.

In terms of the overall environment for media, five of the seven-teen countries retain criminal defamation and libel laws, and evenwhere repressive laws have been removed, state-sponsored mecha-

nisms for sanctioning journalists werefound to persist in at least eight countries.All but three (South Africa, Tanzania, and

Uganda) have no freedom of information legislation. Laws are pendingin a further six—in the case of Ghana and Nigeria for over six years.

Although the past decade has seen a welcome and significant in-crease in diversity of broadcasting content, serious shortcomings remain


5Ibid., 15. 6The report singles out South Africa and possibly Ghana as the most independent (56–57).

But effectiveimplementation of thesefaces serious challenges interms of . . . theindependence of theregulator . . .

. . . defamation laws . . .

regarding its quality. The content of manygovernment controlled broadcasters coin-cides too closely to the government or rulingparty perspective, and there is a tendencyamong most media to reflect the view of the urban educated elite:

Community and private media are widely acknowledged to caterto populations and regions under-served by other outlets, and—particularly through radio—to providean important educational and informa-tion source for those areas marked by lowliteracy or low access to mainstream media.7

The principal challenge for state-owned media, the research concludes, isto serve all sectors of the population as impartial public service broad-casters, free from government interference. It calls for action to legislate forfreedom of expression and access to information; develop a consistent pol-icy on the independent allocation of licenses;reinforce the protection of journalists; andstrengthen independent regulatory frame-works. The report also notes that those sur-veyed placed the community media sector,especially radio, amongst the highest priori-ties for new funding, precisely because of itsdevelopment role.

The report concludes on a relatively optimistic note:

In all of the countries surveyed, significant changes were re-ported in the media regulatory environment as a result of in-creasing levels of democratisation, more conducive politicaland economic environments, and increased national and inter-national media development activity.8

CEE and Former CISFormer Soviet Union, Eastern bloc, andsome Central European countries9 are


. . . quality of programs andindependence ofbroadcasters . . .

. . . and impartiality ofpublic broadcasters.

Nevertheless progress isin the right direction, andradio, especially local andcommunity radio, is widelyrecognized as havingmajor developmentpotential.

With the collapse of theSoviet Union, the mediastructures of formermembers and CEEcountries underwentsudden and massivechange.

7Ibid., 88. 8Ibid., 59. 9Considered here are “transition countries” as defined by the European Economic Area,but no consideration is given to Afghanistan, Belarus, or Turkmenistan. See http://www.eeassoc.org/transition_countries_list.asp.

unique in having undergone a sudden, more or less simultaneous andradical break from existing media structures with the collapse of theSoviet Union. The process and outcomes are partly documented in tworecent comparative studies: an Open Society Institute (OSI) study oftelevision in twenty mainly transitional countries in Europe,10 and aEuropean Audiovisual Observatory (EAO) study of broadcasting infive Commonwealth of Independent States (CIS) countries.11 Centraland Eastern European countries and most CIS countries experiencedan immediate and massive growth in commercial and private broad-casters. For a period, many pioneered investigative reporting andnews, opening up wide areas of society and economy previously out of

bounds to public scrutiny. In many coun-tries, the dismantling of state control andthe opening up to commercial interests ledto a massive influx of Western capital intothe television industry, that often relegateddomestic players to the margins of the mar-ket and is still a major factor today.12

But in the largely unregulated contextand lacking local experience of a diversecommercial media:

. . . freedom of the media soon came tomean first of all freedom to run the media as a private busi-ness. Private broadcasters pursuing above all commercialgains rapidly outperformed State broadcasters, which weremostly reluctant or unable to keep up.13


10Open Society Institute Television across Europe: Regulation, Policy and Independence, fourvolumes (Hungary, 2005), available at: http://www.eumap.org.11Andrei Richter and Dmitry Golovanov, Public Service Broadcasting Regulation in theCommonwealth of Independent States Special Report on the Legal Framework for Public ServiceBroadcasting in Azerbaijan, Georgia, Moldova, Russia and Ukraine (European AudiovisualObservatory, Strasbourg, France, November 2006).12Open Society Institute, Television across Europe: Regulation, Policy and Independence (2005),summary, 33. Hereinafter cited as OSI, 2005.13Ibid.

The collapse of state-controlled media wasfollowed by an influx ofWestern capital much of itin pursuit solely ofcommercial gain. Inresponse manygovernments tried toreinvent broadcasters aspublic service rather thanstate controlled.

These developments provoked a variety of concerns among govern-ments of newly independent states. The exodus of audiences fromstate to commercial channels, the desire to strengthen post-Soviet na-tional identities among the populace, and the collapse of the tradi-tional system of financing and program production led to an effort toreplace the bankrupt—in many senses—state-run television and ra-dio systems with a more appealing system of public service broad-casting14 (EAO, 2006, p. 1). Public service broadcasters, radio andtelevision, were established in one CIS country after another from1994 onward, and were accompanied by the closure of the statebroadcasters in all but two countries (Azerbaijan and Kyrgyzstan).15

All CEE countries covered in the OSI study now have public servicebroadcasters in place.16 Some were strongly influenced in the choiceby external factors, especially where there was a prospect of EU mem-bership. The Council of Europe and the Organization for EconomicCooperation on Security in Europe (OSCE) both brought significantpressure on governments seeking to become members.

Thus the transition and post-transition countries considered herehave for the most part now adopted a so-called “European frame-work” for broadcasting. This is a mixed system. It includes public ser-vice broadcasters of varying degrees of capacity and strength,operationally independent from the state but ultimately accountable toelected officials. Alongside them are commercial broadcasters subjectto local laws and regulation. In a few countries there is also a more re-cent opening for community media consisting of “local media outletsrun by NGOs, non-profit organisations or minority communities.”17

All sectors confront challenges. Public service broadcasters, forinstance, saw a steep decline in viewing figures that has only recently


14EAD, 2006, 1.15Public service television was established in Estonia in 1994; Latvia in 1995; Moldova in1995; Lithuania in 1996; Armenia in 2000; Georgia in 2004; Azerbaijan in 2005, and Kyr-gyzstan in 2005. In Ukraine a public service broadcasting law was passed in 1997 but hasnot been enforced, and an attempt to pass a law in Russia failed. From time to time dis-cussions on the issue take place in Belarus, Kazakhstan, Tajikistan, and Uzbekistan. Onlyin Turkmenistan is there no such discussion. See EAO, 2006, p. 1.16See OSI, 2005, table 9 for details of Albania, Bosnia and Herzegovina, Bulgaria, Croatia,Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Poland, Romania,Serbia, Slovakia, and Slovenia.17OSI, 2005, 78.

been arrested or reversed in a few countries.18 In the area of news,they have nevertheless achieved some success:

[A] fact confirmed far and wide is that public service televi-sion remains the main source of news for the largest part ofthe population in most of the countries covered by this re-port. Only in a few countries, such as the Czech Republic,Slovakia and Hungary, do private channels attract moreviewers for newscasts.19

The transition to the new broadcastingenvironment was and remains problem-atic and the overall broadcasting systemof many CEE and CIS countries exhibitsserious problems. As compared to West-ern Europe, the OSI study notes:

[t]he essential difference now lies in the greater vulnerabilityof public service broadcasting within transition (and post-transition) countries to political and economic pressuresalike.20

The EAO report concludes regarding the process of the transforma-tion of state broadcasters into public service broadcasters in CIScountries:

It is a common practice . . . to change some “details” of theoriginally envisaged public service broadcasting laws in thecourse of the legislative process so that most of its provisionsmeant to secure the independence of public service broad-casting have no effect. Another “scholastic” way to counter-act public service broadcasting is to lay stress on declarativeprovisions, without providing their actual enforcement. 21

Legal flaws are compounded in somecountries by the absence of effectivefunding mechanisms. Some Eastern and


18Public service television is now picking up in countries such as Poland, the CzechRepublic, Slovakia, Serbia, and Hungary. See OSI, 2005, p. 54, and table 13.19OSI, 2005, 40.20OSI, 2005, 38.21EAO, 2006, 41.

The transition to aEuropean mixed model isnot easy. Key issuesinclude: . . . a retention ofstate control and influencein various ways . . .

. . . compounded by aninsecure funding base . . .

Central European countries22 have introduced a license fee that pro-vides over 50 percent of total funding of public service broadcasters.23

However, many other former CIS countries, including the Baltics, haveno license fee system24 and almost all are funded directly from state fi-nances, resulting in a potentially much higher level of state controlover the nominally independent channels.

There is little doubt that editorial inde-pendence is compromised in many publicservice broadcasters. Some offer “politi-cally slanted, inaccurate, partisan report-ing” and journalists in some countriesexperience “direct or indirect political interference and pressures in their work,”25 which can be especially prevalent during electioncampaigns.26

Furthermore, despite pioneeringnews, political, and investigative report-ing in the early days, commercial televi-sion now is usually “not a reference forsolid investigative journalism and qualitynews programmes.” Pressures to attract large audiences and reducecosts have led to sensationalism in news and a focus on low-qualityentertainment. Effective self-regulatory mechanisms are few in num-ber, and journalists are often poorly paid and suffer from poor laborregulations and fear for their jobs. “In such a precarious environment,and against the background of widespread political interference inprogramming and economic pressures, self-censorship thrives.”27

Among the key recommendations of the OSI report are ones em-phasizing the need to reinforce the independence and transparencyof the regulator, to ensure the independence of public service mediain practice and in law, and to develop means to make ownership inall media more transparent.


22Including Croatia, Czech Republic, the Republic of Macedonia, Romania, Slovakia, andSlovenia.23OSI, 2005, 60, table 1.24EAO, 2006, 42.25OSI, 2005, 64–65.26The World Press Freedom Index reports a number of cases of bias in many of thesecountries in both public and private media. Available at: http://www.freedomhouse.org/template.cfm?page=251&year=2006.27OSI, 2005, 71.

. . . leading tocompromises in editorialindependence and slantedjournalism.

Commercial television toohas declined in the qualityof news, and self-censorship is common.

Latin AmericaMore than 90 percent of Latin Americans listen to radio every day,making it the most ubiquitous of media in the region.28 Latin Americaalso has the most unequal income distribution of any region, almost45 percent of the population living below the poverty line.29

In broad terms, Latin American countries, with the exception ofCuba, adopted the U.S. model of largely unrestrained private com-

mercial broadcasting, though there are dif-ferences. The larger countries also supportsignificant content production industriesand export around the region and furtherafield.

Public service broadcasting in Latin America is limited. Almostevery country, however, has state-run channels, most of which arepoorly funded and subject to government manipulation or control.30

A number of publicly owned channels offer cultural and educationalprograms; some channels are run by political parties (in opposition orgovernment); a few by religious organizations; and there are ahandful of nonprofit and foundation-based channels. No country,however, has formally independent, well-funded, public servicebroadcasting with a broad remit to include news and current affairs:among the closest are TVN in Chile and Once TV in Mexico.31 Thevast majority of broadcasting is commercial. Ownership of the sectoris highly concentrated at the national level with significant cross-ownership across audiovisual and media sectors.

The radio sector differs from television in one crucial respect: al-though community television does exist in a minor way, communityradio broadcasting is diverse, numerically significant, and wide-spread. Pioneers go back over fifty years, long before the term commu-nity radio was coined. They include stations set up by tin miners in


28Juan Pablo Cárdenas, “América Latina y las Fortalezas de la Radiodifusión,” Diario elec-trónico “Radio Universidad de Chile” (March 22, 2005), available at: http://www.radio.uchile.cl/notas.aspx?idNota=18169.29Dr. Jennifer McCoy, Carter Center, Las Vulnerabilidades de la Democracia, Democracia yCumbre de las Américas, Panel sobre la Carta Democrática Interamericana (Buenos Aires,Argentina, March 11, 2005).30Based on the BBC Country Profiles, available at: http://news.bbc.co.uk/1/hi/country_profiles/default.stm.31See respectively http://www.tvn.cl/ and http://www.oncetv.ipn.mx/.

Private sector interests aredominant in Latin Americawith relatively weak publicservice broadcasting.

Bolivia in the 1940s and 1950s that contributed hugely to communityorganization and political empowerment, and the hundreds of edu-cational stations inspired by Radio Sutenza, which was founded in1947 by a Catholic priest to bring practical education to rural andmarginalized groups. Such is the influence of the sector that it hasbeen argued that community radio and to some extent even commu-nity television, occupy the space of public service broadcasting. Forirrespective of their actual legal status, as community or commercialmedia, they are driven by the same ethos and fulfill many of the samefunctions as public service broadcasters.32 Although these channelsemerged for the most part in a regulatory vacuum, or in direct oppo-sition to the law, they are now being recognized and regulated in agrowing number of countries, among them Colombia, Bolivia, Peru,Venezuela, Mexico, and Argentina. Many older and more establishedcommunity stations continue to operate with commercial or culturallicenses. Legal recognition can, however,be a mixed blessing. Some countries, sen-sitive not to encroach on commercial me-dia, impose restrictions on the communitysector that threaten viability. Chile, for in-stance, limits transmission power to justone watt (enough to broadcast only a fewhundred meters, in good conditions), andother countries prohibit advertising.

Most countries in Latin America have formally independentbroadcast regulators (about half of them combined with the telecomsregulator), though among the larger exceptions are Brazil, Peru,Mexico, and Colombia. The process of is-suing licenses in many countries, however,lacks transparency, is sometimes corrupt,and follows procedures that elsewhere areconsidered bad practice. The issuing oflengthy broadcast licenses, with options torenew, is commonplace. In Argentina in May 2005, for example, Pres-ident Kirchner renewed television broadcast licenses that grant the


32See Rafael Roncagliolo, “Latin America: Community Radio and Television as PublicService Broadcasting,” in Public Service Broadcasting (UNESCO, Paris, 1996), availableat: www.cidh.oas.org/relatoria/docListCat.asp?catID=24&lID=1.

While formallyindependent regulators arecommon, the process ofissuing licenses, and otherareas, are problematic.

Community radio has along history, and is claimedeven to occupy the spaceof public service, but hasyet to achieve full legalrecognition and a positiveregulatory environment.

holders a total of 35 years, in one case to 2025. In Uruguay the fivecable licenses were granted in 1994—four to existing commercial tele-vision licensees—without any competition or call for tenders. Also,Uruguayan broadcast licenses often have no specific time limits or inpractice renewal is automatic. But legally they are “precarious andrevocable,” subject to government decision. Many other countries fol-low similar practices.

Politics is sometimes too central an issue in decisions regardinglicensees. The Venezuelan government’s decision in 2007 not to re-new the license of a private television channel, Radio Caracas Televi-sion (RCTV)—a 20-year license initially obtained in 1987 bypresidential decree—was widely criticized and may have been polit-ically motivated. The station took an antigovernment stance, but itwas not merely editorially critical: in 2002, it actively backed a failedcoup against the elected president. The president was criticized bothfor political motivation in the failure to renew and for not followingproperly the system for assessing whether a channel should retain itslicense. Also relevant in this context is a government decision to foldthe regulator back into the Ministry of Communication, resulting inthe loss of its arm’s-length status. The dispute illustrates the intenseconnections between politics, due process, and the award of valuableinstruments for communication in society. Meanwhile, in neighbor-ing Colombia, the government in 2004 closed down the public Insti-tuto de Radio y Televisión (Inravisión), which produced programsand broadcast on three channels about educational, cultural, and so-

cial issues, including documentaries criti-cal of the government.33

There is now considerable activity andimpetus in Latin America to reform thebroadcasting sector, and the media sectoras a whole. With growing recognition ofcommunity media, a three-sector broadcastenvironment is becoming the norm, withthe important caveat that the public sector


33Diana Cariboni, “Easy to See the Speck in the Other’s Eye” (1996), available at:http://other-news.info/index.php?p=1988#more-1988; Juan Forero, “Pulling the Plug onAnti-Chavez TV” (Washington Post Foreign Service, Thursday, January 18, 2007) A16;and the AMARC statement and other IFEX alerts at: http://www.ifex.org/en/content/view/full/82665.

Debate on human rightsissues relating to mediaare influential, relating topoverty, freedom ofexpression, issuing oflicenses and concessions,and concentration ofownership.

is largely state controlled. The possibility of public service broadcast-ing is the subject of debate in just a few countries, among themUruguay, where the public broadcaster does have some indepen-dence, but none of these countries is close to developing the appropri-ate legislation and mechanisms. A key issue in such debates is how todevise funding mechanisms that can generate sufficient funding insocieties with large poor populations and high skewed income dis-tribution. But the general move toward independent regulators iscontinuing with growing effort to reinforce their independence frompolitical pressures and to reform the process of issuing licenses.

Political issues are integral to media developments in LatinAmerica in one way or another. Telesur is a regional television chan-nel established in 2005 by Venezuela, Argentina, Cuba, and Uruguay(later joined by Bolivia) to broadcast news and current affairs from aregional perspective, deliberately countering what it sees as biasedcoverage from northern-based satellite channels, such as CNN. It isaccused by some of promoting government propaganda. In the chan-nel’s defense, it is worth noting that its management board comprisesgovernment appointed media professionals, its advisory board ismade up of prominent international intellectuals, and its remit drawsheavily on public service principles. It does not seem, however, tobe structured as an autonomous entity protected from governmentintervention.

Also important in debates supporting the process of reform inLatin America is the focus on human rights issues and references to aright to communicate. The Special Rapporteur for Freedom of Ex-pression of the Inter-American Commission on Human Rights, an au-tonomous organ of the Organization of American States (OAS), is asignificant regional actor here and has considerable moral authorityand political influence. Successive annual reports34 have forcefullyraised issues such as links between media, freedom of expression andpoverty (2002), democratic criteria for the concession of radio and tel-evision broadcast frequencies, and freedom of information (2003) andconcentration of media ownership (2004).


34For all OAS annual reports see: http://www.cidh.oas.org/relatoria/docListCat.asp?catID=24&lID=1; for Freedom of expression and poverty see: 2002 Ch IV at:http://www.cidh.oas.org/relatoria/showarticle.asp?artID=309&lID=1.

South and Southeast AsiaBroadcasting in South and Southeast Asia is hugely diverse,driven by a variety of dynamics, and only a schematic outline is pos-

sible here. If it is possible to generalizeat all, it is about the trend towardscommercialization.

While the debate over the “responsible” and the “free” presscontinues to rage, a common feature in Asian countries iscommercialisation of the media. In the wake of economic lib-eralisation, media is undergoing a transition beyond politics,to information and consumerism. Media has also become aplatform for advertising clients and a supporter of economicreconstruction, while creating demand for new consumergoods.35

The major countries of South and Southeast Asia can be looselygrouped in terms of the structure of their broadcasting sectors.

In Bhutan, Myanmar (Burma), Laos, and Vietnam the state main-tains direct control of national broadcasting, both radio and televi-sion, though the degree of control and censorship varies. Describedas a “paradise for censors”36 Burma relentlessly practices prior cen-sorship across all media. Broadcasting in Laos is under heavy-handeddirect government control. Virtually no criticism of the governmentis permitted in Bhutan, though the press sector is opening up slowly.Vietnam’s elaborate national and regional broadcasting system ofaround 100 radio and television services all remain under differentforms of state control, though a dissident press manages to survive.

Foreign broadcasting in these countries isavailable in border areas, and throughlong-wave radio, satellite, or carefullymonitored cable access.


35Werner vom Busch, ed., The Asia Media Directory (Konrad-Adenauer Foundation Singa-pore, 2004), 8–9, available at: http://www.kas-asia.org/pub_bkg/Asia%20Media%20Directory.pdf.36Raporteurs sans Frontiers, Burma Annual Report 2006, available at: http://www.rsf.org/article.php3?id_article=17346.

Asia is hugely varied butcan be grouped in terms oftheir structure:

. . . from extreme control ofbroadcasting andintolerance of governmentcriticism . . .

China has opened its broadcasting sector significantly in recentyears, though the Communist Party of China (CPC) and governmentcontinue to exercise stringent control and censorship. Broadcasting isdominated by state-run Chinese Central Television (CCTV), as theonly national service, and offers numerous satellite and pay televisionchannels. Over 2,000 provincial and municipal stations exist, run bylocal government, although most now rely on advertising and com-mercial income and focus heavily on commercial fare. They all alsocarry CCTV’s main news program. Agreements are in place to allowmajor global corporations, such as AOL Time Warner and News Corp,to broadcast via cable, though programs are vetted by the regulator,and criticism of the CPC is not permitted. China National Radio is theonly national channel but every province, autonomous region, andmunicipality has its own radio stations run by local government.Within the strict parameters set, there is fairly open discussion of so-cial concerns and policy options.

Countries such as Bangladesh, Cam-bodia, and Pakistan operate a mixed state-controlled and private broadcasting, withlittle in the way of independent regulation.In Bangladesh, the state runs terrestrialtelevision and radio over the national ter-ritory, but four commercial televisionchannels are licensed on satellite and cable, and there are a number ofFM radio stations. For private broadcasters, however, “keeping theirlicences depends on their demonstrating a certain compliance withthe government.”37 Vocal opposition comes only from newspapers. InCambodia, the combination of state-controlled and commercial radioand television is further complicated by the fact that much of the pri-vate media is actually under political party control. Corruption andpolitical bias of both state and private broadcasting limit the contri-bution of the broadcast media, and a heavy criminal code hangs overthe press. Pakistan has issued over twenty satellite television licenses,


37Raporteurs sans Frontiers, Bangladesh Annual Report 2006, available at: http://www.rsf.org/article.php3?id_article=17344.

. . . to a mixed public andprivate system regulatedby the state, with implicitand explicit state control ofboth and as yet noopening to community . . .

though terrestrial television remains state controlled; and over 100licenses have also been issued for private FM radio stations withmany more promised. At the same time, and somewhat paradoxi-cally, the broadcasting and censorship laws are being tightened andintimidation is rife, though the print media remains far freer. None ofthese countries currently permit community broadcasting, thoughthe issue is hotly debated in several and is likely to appear sooneror later.

In India, Nepal, Sri Lanka, Thailand, and Indonesia community ra-dio is an emerging feature of a broadcasting environment that includescommercial, state, but also, in some cases, aspects of public servicebroadcasting. The commercial sector in India’s media has expanded

exponentially in recent years, first televi-sion and then radio. Although private com-mercial radio is not permitted to broadcastnews, cable and satellite television news ispopular. The public broadcasting corpora-tion, Prasar Bharati, established in 1997 asan independent body with a public service

mandate, oversees the very extensive national television service, Door-darshan, and All India Radio. But Prasar Bharati’s links to governmentare numerous and its funding base compromises its independence. In2006, a policy statement was approved to open up the licensing of com-munity radio, and the sector is expected to see rapid growth. In Nepalcommunity radio came into being in the mid-1990s, pioneering theconcept in South Asia, and it has established a major role in the broad-casting landscape. It is credited with having played a part in the recentreturn to democracy. Commercial radio and television also exist along-side the state broadcasters. Indonesia opened up to commercial broad-casting after the fall of the Soeharto regime in 1998. In 2002, a newbroadcasting law38 provided for the establishment of the IndonesianBroadcasting Commission (KPI—Komisi Penyiaran Indonesia) and forthe recognition of community radio. There are about a dozen nationalcommercial television services and hundreds of local commercial andcommunity radio and television services.

The ongoing civil war has created a fraught media environment inSri Lanka. It has a mixed system of state and commercial broadcasting,


38Law number 32/2002.

. . . to a mixed public,private, and communitysystem in a variety ofconfigurations, and amovement towardindependent regulation . . .

with numerous commercial radio and television channels. The SriLanka Broadcasting Corporation (SLBC) has a public service mandatein radio, though it comes under a ministry and has little editorial au-tonomy. SLBC operates a number of local stations with some commu-nity radio characteristics, but SLBC control ensures they rarely carrycoverage critical of the government. Thailand’s 1997 constitutionenshrined a broadcasting system with an independent regulator andthree basic forms, reserving 20 percent of broadcast frequencies for not-for-profit community broadcasting, the rest to be divided equallybetween public service and commercial sectors. Implementation hasyet to live up to this, but many hundreds of private and community ra-dio stations sprang up. The independence of all broadcasting waswhittled away under the leadership of Prime Minister ThaksinShinawatra. The coup that removed him in 2006 introduced more ex-treme media controls and censorship, including the shutting down ofhundreds of community radio stations.

To varying degrees, what distinguishes these countries is the open-ing to community radio, some development of public service broad-casters alongside ongoing and widespread debate on the concept, andmovement toward independent regulation.

Among Southeast Asian countries, the Philippines stands outfor its dominance by powerful commercial interests. Dozens ofcommercial television services are groupedmainly into five major networks, withvirtually no direct state or public broad-casting. The government-owned NationalBroadcasting Network (NBN) has a publicservice charter but receives no publicfunding and is widely criticized for beingpartisan in favor of the government. Butradio is still the most popular medium,and NBN exists alongside innumerable commercial stations, as wellas a vibrant though underfunded community and nonprofit radiosector, including many religious stations.

Middle Eastern and North African CountriesMedia in the MENA region might seem to be an entirely exceptionalcase, for the most part under direct control of the state. There are


. . . to a highlycommercialized system,with public service andregulation in practicelargely controlled bygovernment, but with avibrant community andlocal radio sector.

widespread abuses of freedom of expres-sion in many countries, including SaudiArabia, Syria, Yemen, and Libya, and theconcept of freedom of information is aliento most.

At one end of this narrow spectrum isSaudi Arabia, a pioneer of pan-Arab satel-lite television but long one of the mosttightly controlled media environments inthe Middle East, with no private radio ortelevision and a government ministerchairing the national channels. Criticismof the government or royal family and thequestioning of religious tenets are not gen-

erally tolerated. Broadcasting in a number of other countries, such asIran and Libya, is barely more liberal, and, in some respects, is less so.Algeria’s broadcasting is all state controlled, though there is a livelyand critical press. Bahrain’s radio and TV stations are state run. Thecountry’s first private radio station—Sawt al-Ghad—was launched in2005, but the authorities closed it in 2006, alleging irregularities. Anumber of others, including Jordan and Syria permit commercial ra-dio, though content is limited to music and license holders are oftenclose to the state.

Lebanon is one of the more liberalizedstates whose broadcasters reflect a diversityof social and political interests. Jordan hasintroduced licensing for commercial broad-casting and is the only country in the regionso far to have licensed community broad-casting services. There are some gestures to-ward pluralization in Kuwait and Egypt,both of which combine state-run broadcast-

ing with commercial services in both television and radio. Morocco canbe said to be considering the installation of a liberalized model and hasestablished a relatively independent broadcast regulator. A number ofothers, including Syria, permit commercial radio, though license hold-ers are fairly close to the state. Almost all national commercial media inMiddle Eastern and North African countries, through direct or self-censorship, refrain from serious political debate and analysis.


. . . At one is a cluster ofhighly controlled andcensored broadcastingsystems, under stateownership or strictregulation at the nationallevel, though with someopenings in the press orsatellite . . .

. . . at the other is a groupof countries opening tocommercial, and evencommunity, broadcasting;with the possibility of anindependent regulator.However, all broadcastersrefrain from seriouspolitical debate analysis.

Broadcasting in the MENAregion, by contrast,straddles a narrowerspectrum.

An IREX Media Sustainability Indexcovering eighteen MENA countries39

found that the combination at a constitu-tional level of relatively progressive lawsbut poor implementation by the govern-ment and the courts was typical of the re-gion, and that editors and journalistsexercise restraint even after the regulatoryenvironment and the political climateloosens. It also concludes that:

These oil-rich countries and their neighbors have demon-strated the ability to develop a media industry without loos-ening press freedoms beyond points that threaten thegoverning monarchies and regimes of the region.40

What appears almost entirely absent is achallenging national public service broad-casting, or a confident commercial broad-casting critical of the government andstimulating debate. Recent developments,however, suggest that change is comingand these developments are led by televi-sion, not nationally but at the regionallevel. Satellite services have had a transformative influence across theregion. What has been described as a new Arab public is leading tosignificant change in the political culture:

Rather than imposing a single, overwhelming consensus, thenew satellite television channels, along with newspapers, In-ternet sites, and many other sites of public communication,challenged Arabs to argue, to disagree, and to question thestatus quo . . . . [the new Arab public] has conclusivelyshattered the state’s monopoly over the of informationand the oppressive state censorship that was smotheringpublic discourse well into the 1990s. The new public rejects


39IREX (International Research & Exchanges Board), The Development of Sustainable Indepen-dent Media in the Middle East and North Africa, Media Sustainability Index 2005 (IREX, 2006),Executive Summary, x, available at: http://www.irex.org/programs/MSI_MENA/index.asp.40Ibid.

Relatively progressiveconstitutional laws areundermined by weakimplementation; thoughthe absence ofbroadcasting critical of thegovernment has notconstrained thedevelopment of a mediaindustry.

Change may be on thehorizon as public opinionin MENA countries beginsto open out under thestimulus of such influencesas regional satellitetelevision.

the long, dismal traditions of enforced public consensus,insisting on the legitimacy of challenging official policies andproclamations.41

The most influential of the new satellite channels, al-Jazeera, modelsitself on public service broadcasting in terms of its principles, ethos,and modus operandi, though it relies on the continuing support of theEmir of Qatar. Pan-Arab media, especially television, is likely to con-tinue to have a transformative role in the media landscape, includingat national level, though at this stage the contours of the outcomes areunclear. The IREX study, referring to the satellite and Internet newsdissemination, concludes that “this struggle over control of the infor-mation space . . . will be a major factor determining how the countriesof the region develop both politically and economically.”42

Conclusion: An Emerging ParadigmChapter 1 identified a set of characteristics that can, potentially,enable the media sector to contribute to good governance and devel-opment. These are: freedom of expression, ready and timely access toinformation both public and private, independence of the media,diverse media content reflecting a wide range of views especially ofmarginalized groups, broad media coverage and reach, and asustainable media resource base.

The analysis of broadcasting systems in each region conveys asense of the degree to which these characteristics are present andmight be encouraged and reinforced. It confirms that broadcast me-dia in developing countries and regions have by far the greatestreach, especially into rural and remote areas in which a large propor-tion of the poorer population often resides, and that these media com-prise the primary source of information and news for most people.

The current status of many of the above features is far from ideal,although there are some encouraging trends.

The last decade has seen a pronounced decline in the legitimacyof direct government control of broadcasting, especially in Africa andin transition countries of Central and Eastern Europe but also, and to


41Marc Lynch, Voices of the New Arab Public: Iraq, al-Jazeera, and Middle East Politics Today(New York, Chichester: Columbia University Press, 2006), 2–3.42Ibid., 9.

a lesser extent, in Latin America, parts ofAsia, the Middle East, and North Africa. Inits place, there is a growing aspiration todevelop a mixed model that combinespublic service broadcasting with privatecommercial and community broadcasting,under the scrutiny of an independent reg-ulator. This trend is most pronounced inAfrica and transition countries, but thereis evidence that, starting from a very dif-ferent point, key characteristics of the system are moving to the fore-ground in Latin America where the community sector is growing insize and the idea of public service is being revisited. Parts of Asia arealso moving in this direction, though commercial dynamics dominateat present. In the Middle East and North Africa the main sign of move-ment comes from pan-regional television, which is consciously castingitself as public service in its ethos; and government control over broad-casting at the national level is coming under pressure and is the sub-ject of growing debate and tentative moves toward reform.

Both legislation and implementation, however, leave a lot to bedesired even in those regions that are mostactively pursuing reform, and there is oftendoubt as to the level of underlying politicalcommitment. Nevertheless many govern-ments have accepted, in principle, the le-gitimacy of such a media trajectory, and this offers an importantopening for policy change. Movement toward this emerging mediaparadigm is sometimes halting, and often selective, as it encountersresistance among interests that would prefer to retain firm control ofdecisive media components. It is not inevitable that broadcastingshould progress in a direction that maximizes its contribution to goodgovernance and development. A prognosis must factor in a number ofissues and trends.

First, basic freedom of expression remains a serious concern in manydeveloping countries across all regions, withgovernments exerting subtle and not-so-subtle pressures and barriers of variouskinds. This seriously hampers the emergenceof a positive media environment insofar as it


Likely long-term outcomesmust factor in a number ofissues:

The legitimacy of directstate control ofbroadcasting is in decline,and an aspiration towardsa mixed model emerging.Although clearest in Africaand CEE countries, otherregions are movingforward in certaindimensions.

First, serious concernsremain concerning basicfreedom of expression inmany countries.

compromises media independence and impedes reporting on corruptionand maladministration, and the gathering of information.

Second, and related to the first issue, are obstacles that prevent themedia, and the population, in most countries from gaining access to in-

formation in a timely manner—especiallygovernment information but also informa-tion from nongovernment sources that per-tains to issues of public concern. Freedom ofinformation legislation and its effective im-plementation is still the exception, not the

rule, though the trend is positive here, and many countries are engagedin the process of developing and implementing such legislation.

Third, few countries have yet to establish an authoritative inde-pendent regulator. This cannot be stressed enough. Even where appro-priate policy and legal instruments are in place, the reality on the

ground is often very different. The capacityof nominally independent regulators to beeffective can be undermined by corruption,negligence, or bureaucratic inertia. Regula-tors can suffer “capture” by partisan inter-ests, especially government. The risk ofregulatory failure is heightened by a lack of

capacity and experience of regulatory issues in many countries in whichregulators may confront well-funded national and international mediainterests. And only a handful of governments have demonstrated con-clusive willingness to fully renounce their capacity to influence thebroadcast media, and the ability to follow through on it.

Fourth, the transformation of the landscape into the thrivingclusters of public service, commercial and community broadcasting,

with a viable economic base for each, isnot straightforward.

Converting state-controlled broad-casting to public service broadcasting isno mere adaptation, and demands a fun-

damental shift in government culture and perception of broadcast-ing. Few have succeeded in fully severing the link to government toestablish an arms-length relationship. Devising a sustainable sourceof funding without compromising independence or the viability ofthe commercial broadcast sector has been achieved only rarely. Although improvements over state-controlled media are evident,


Second, freedom ofinformation legislation,though becoming morewidespread, is still theexception, not the rule.

Third, independentregulators, with theauthority and resources tobuild the broadcastingsector, are few and farbetween.

Fourth, creating aneconomically viable three-pillar broadcasting systemfaces many obstacles . . .

achieving the ideal of public servicebroadcasting has a considerable way to go.

Commercial broadcasting has addedconsiderably to diversity in many coun-tries from national to local levels, but it isnot reaching its full potential in terms ofpromoting good governance and development. In some transitioncountries, a “reckless commercialisation of content”43 needs to beconstructively addressed.

Although there is growing recognitionthat a community broadcasting sector canbe especially valuable to enhancing partic-ipation in governance and in supportingdevelopment, further policy and regula-tory change is needed, the capacities ofcommunities and civil society to build thesector are not always present, and creatinga sustainable funding base is a challenge.

In addition to these four trends, all ofwhich directly influence broadcasting, thesector will inevitably also continue to beimpacted by wider global events. The terrorist attacks on New Yorkand Washington in September 2001 and related events have had sig-nificant repercussions internationally on media freedom and the useof defamation, treason, and hate speech laws, and have sometimesadded impetus to repressive policies pursued with other agendas.The World Association of Newspapers (WAN) claims that there is “alegitimate and growing concern that in too many instances tighten-ing of security and surveillance measures, whether old or newlyintroduced, are being used to stifle debate and the free flow of infor-mation about political decisions, or that they are being implementedwith too little concern for the overriding necessity to protect indi-vidual liberties and, notably, freedom of the press.”44 The rise of


. . . in enabling private-sector broadcasting toreach its full potential interms of serving the publicinterest . . .

. . . in transforming state-controlled broadcastersinto sustainable andindependent publicservices broadcasters . . .

. . . and in providing theenvironment for andbuilding the capacity of thecommunity broadcastingsector.

43OSI, 2005, 72.44Cited are: new antiterrorism and official secrets laws, criminalization of speech judged tojustify terrorism, criminal prosecution of journalists for disclosing classified information,surveillance of communications without judicial authorization, restrictions on access togovernment data, and stricter security classifications. “All these measures can severely erode the capacity of journalists to investigate and report accurately and critically, and thusthe ability of the press to inform,” according to WAN (2007), available at: http://www.wan-press.org/3may/2007/downloads.php?type=doc&file_name=3MayDogma.

China as a major world power and its unique state-led yet highlycommercialized approach to media will also undoubtedly have aprofound influence on debates concerning the appropriate mediaenvironment.

Nevertheless this apparently widespread convergence toward abroadcast system that includes a mix of independent public service,private commercial, and not-for-profit community broadcasters hassignificant potential to promote good governance and to generateother public interest outcomes, including development benefits ofbroadcast media. At the same time, there are also specific obstaclesthat could stall the emergence of these benefits and stunt the poten-tial of the model in important ways.

In any given country, such a systemwill necessarily vary in the weight andcomposition of the constituent broadcastsectors, each sector producing its ownhybrid as influenced by history, culture,local circumstances, level and nature ofeconomic and institutional development,and so forth. The extent and form of theapplication of market and competitiveprinciples within this overall public inter-

est framework will vary. The balance of size and influence can shiftbetween the sectors, and between underlying approaches, as policymakers and regulators experiment and implement new ideas. Thereis no single, fixed set of rules on how to maximize the potential of thesystem to contribute to the public interest, and broadcasting policyand regulation will undoubtedly remain a dynamic area of changeand development.

Yet many of the key challenges facing broadcasting reform can beaddressed by devising the appropriate policy, legislative, and regula-tory framework. This can operate at two levels.

1. Certain aspects of the enabling environment affect all mediaand extend beyond media per se, encompassing freedom ofexpression, limits to free speech, defamation laws, and ac-cess to information. These features of the policy environ-ment can greatly enhance the prospects for media to


Achieving the right mix of,and balance between, thesectors within a publicinterest approach, willdemand the design andimplementation of both apositive overall mediaenvironment and the rightlegal, policy, andregulatory measures.

contribute to good governance and development, and go tothe heart of open communication in the society and polity.

2. Other policy issues are specific to media and to broadcast-ing, in particular. These include creating an independentregulator capable of exerting its several functions effec-tively and creating the space within which the various me-dia sectors and subsectors can thrive. They also includeexpectations regarding the governance and accountabilitiesof diverse broadcasting subsectors.

Parts II and III, respectively, address these challenges.


Guarantees of Freedom of Expression 75

Part I IThe Enabling Environmentfor Media

In the absence of a conducive wider environment, even the finest guide-lines on broadcast policies, laws, and regulations are of little use. PartIII addresses the broadcasting sector directly, while Part II outlinessome key elements of the enabling environment media in more detail.Without solid guarantees of the right to freedom of expression, mediacannot say what they need to say. Without timely access to information,they lack the raw material essential for their job. The overzealous ap-plication of—indeed the mere existence of—criminal defamation lawscan greatly restrain reporting and end in self-censorship. And whileeveryone accepts that laws to limit certain media content are justified,preventing the abuse of such laws demands very careful design and im-plementation. Finally, journalists and the conditions in which they oper-ate hold particular influence over the quality of the media landscape.

All of these issues are covered in Part II: guarantees of freedomof expression, enabling access to information, the use and misuse ofdefamation laws, content rules and limits to free speech, and the roleand regulation of journalists. Most of the territory covered relates towider concerns for freedom of expression and general openness in so-ciety, and some is relevant to media in general, Internet, and print aswell as broadcasting. Thus the broadcasting specific regulation andpolicy are left as the dedicated focus of Part III.

The first three areas for discussion—freedom of expression, accessto information, and defamation laws—are particularly important forthe achievement of an atmosphere in which everyone, all sectors andpeople, can have a voice and openly contribute to public discussion.Each of them protects or advances the rights of individuals as well as ofthe media. In the discussion, these rights are addressed primarily interms of their impact on the media and their role in society.

Chapter 4 addresses the importance of effective guarantees forfreedom of expression, normally at the constitutional level. Progres-sive guarantees for freedom of expression are a key general under-pinning of broadcasting in the public interest. Most countries do havesome form of constitutional guarantee of freedom of expression, butthey vary considerably in their scope, strength, and means of appli-cability, and Chapter 4 outlines the key features of a robust system toprotect freedom of expression.

Overview

Chapter 5 highlights the importance of access to informationlegislation, granting a right to individuals as well as to the media toaccess information held by public bodies. Access to information iscentral to the ability of broadcasters to hold governments to accountand to expose corruption. By enabling informed opinions and deci-sions, it also contributes to people’s empowerment and participation.In practice, the law must set out the manner in which this right maybe exercised, key features of which include a broad presumption of ac-cess, good process guarantees, a narrow regime of exceptions, andthe right to appeal a refusal to an independent oversight body.

Appropriate content constraints, the subject of Chapter 6, are acentral feature of public interest broadcasting. Unfortunately, manycountries still have very restrictive rules in place regarding what maybe published or broadcast. Defamation laws, in particular, are oftenthe tool of choice for politicians, officials, and powerful private actorsto discourage critical or simply unwelcome reporting.

Although defamation laws are a particular concern in many coun-tries, a number of other restrictions on content—such as national se-curity laws, prohibition against publishing false news and hatespeech, and rules governing reporting during elections—can also beabused to prevent critical reporting. These are covered in Chapter 7.

Rules governing journalists, irrespective of the media sector forwhich they work, are also an important component of the wider envi-ronment for broadcasting. Government control over the profession im-pacts directly on the ability of broadcasters to report. Given theirspecial role in informing all citizens, the right of journalists to protectthe confidentiality of their sources of information is one of the few spe-cial rights recognized for the profession. These legal and regulatory is-sues are outlined in Chapter 8. Also covered here are certain systemsthat are widely used to deal with harmful content in the media. A rightof correction and/or reply, in particular, provides quick and accessibleredress for victims, while minimizing inter ference with media freedom.

In its presentation of material in Parts II and III, the guide drawsheavily on international standards relating to the right to freedom ofexpression, as established by various authoritative international bod-ies. The guide also makes considerable use of country examples todemonstrate how these standards have been implemented in prac-tice. This includes a description of various practical means by whichregulatory approaches have been put into place, as well as legal andpolicy prescriptions and directions, and rulings by superior and con-stitutional courts regarding appropriate standards.

Part II 77

Guarantees of Freedomof Expression4C

HA

PT

ER

IntroductionFreedom of expression is a fundamental human right and, as such,should receive formal recognition as a basic value in every society.Guarantees of freedom of expression can be found in almost all mod-ern constitutions and receive strong support under international hu-man rights law and generally among the public.

Although guarantees at the constitutional level are not in them-selves sufficient—without political will and more detailed laws andregulations they cannot always be relied on to lead to implementa-tion—they are a vital precondition. Strong guarantees of freedom ofexpression, when they are respected and implemented, can also havesignificant developmental consequences, by providing an underpin-ning for improvements in governance and for the adoption of legaland regulatory frameworks.

78

Good Practice Checklist

• Freedom of expression is a fundamental human right, widely recog-nized as essential for good development practice and guaranteed ininternational law and practically all national constitutions. Althoughfreedom of the press is already implicit in this right, it is useful tohave it explicitly included among constitutional guarantees.

• Constitutions should ideally provide explicit guarantees for freedomof the media, in recognition of the crucial role of the media in givingpractical effect to the free flow of information and ideas in society.

• Incorporation into national legal systems of international guaranteesof freedom of expression, which have been subject to extensive andpositive elaboration by various authoritative international bodies,can help provide a strong minimum basis of protection for this right.

The review and improvement of the terms of constitutional guar-antees of freedom of expression can be part of a wider process of con-stitutional reform, common at times of transition to democracy orother significant change to open the governance system to public ac-countability. From a developmental perspective, such periods ofchange can provide a critical window of opportunity to strengthencommitments to the right to freedom of expression.

The existence and the terms of constitutional guarantees carry bothjuridical and social significance. At one level, constitutional provisionsare formal legal guarantees setting out the scope of the right and thestandards, in respect of this right, to which other laws and official prac-tice must conform. As such, these guarantees are an underpinning forall of the public interest regulatory approaches described in this guide.

Their character as formal legal guarantees also means that con-stitutional protections can be used to provide practical protection forfreedom of expression. In many countries, these guarantees are di-rectly enforceable through the courts, providing a concrete means ofredress against laws and official practices that unduly limit freedomof expression. Even where they are not directly applicable, constitu-tional guarantees can be relied upon to promote an interpretation ofother laws that is consistent with freedom of expression.

At another level, constitutional guarantees are peak standard-setting documents, providing a reference point for acceptable govern-ment behavior. They are important social documents that createpublic expectations about what constitutes appropriate official action.They can help give people the confidence to critique government ac-tions or inaction publicly, influence others, and demand improve-ments in governance and service delivery, without fear of retribution.Even if implementation is legally flawed, failure to conform to thestandards is seen as unacceptable. This can help build momentum forchange, both by providing clear direction as to an appropriate solu-tion or direction, and by giving authority to challenge occasions whenthe state or its agents are in breach of the provision.

Most constitutional guarantees of freedom of expression are verybrief—normally just a few lines—and it is through judicial inter-pretation and, in some cases, more detailed legislation, that the precisecontours of this rather complex right are more fully elabo-rated. Constitutional guarantees, if strong, can play a number of key


standard-setting roles in relation to freedom of expression. Amongothers, they can include:

• Affirmation of the right to freedom of expression

• Affirmation of the freedom of the press/media

• Provision for the applicability of international law

This chapter examines the scope and nature of these guarantees, theirrelevance to good development practice, and the mechanisms fortheir implementation. It provides country examples that offer com-parative illustrations of the guarantees and it includes references tothe relevant international law and standards.

Guarantees of Freedom of ExpressionFreedom of expression is a fundamental human right. It is guaran-teed in international law and practically all national constitutions.It is widely recognized today as being an essential foundation forgood development practice.


BOX 1. South Africa: Constitutional Guarantees

In apartheid South Africa, the 1983 constitution contained neither a Bill ofRights nor guarantees for freedom of expression. Broadcasting was oper-ated through the South African Broadcasting Corporation (SABC) as astate monopoly and as a mouthpiece of government. During the transi-tional government of 1993, an interim constitution was adopted which,for the first time, provided an explicit guarantee of the right to freedomof expression. The 1993 constitution signaled the liberalization of broad-casting and stated explicitly that “all media financed by or under the con-trol of the state shall be regulated in a manner which ensures impartialityand the expression of a diversity of opinion.” In accordance with the in-terim constitution, the transitional government adopted the IndependentBroadcasting Act of 1993, establishing an independent regulatory body tooversee broadcasting, including community and private commercialservices. The present day constitutional guarantees of freedom of expres-sion in South Africa are contained in the postapartheid constitution of1996, which was the culmination of two years of intensive consultationsaid to be “the largest public participation programme ever carried out inSouth Africa.”1

1. Constitution of the Republic of South Africa 1996.

The right to freedom of expression is explicitly guaranteed in variousinternational declarations and treaties and in most national constitu-tions. In some countries where there is no explicit guarantee, courtshave found an implicit right to freedom of expression. Australia, forexample, does not have a bill of rights, although it does have a writ-ten constitution. The High Court has held that there is an implied con-stitutional freedom of political communication, based on theguarantee of elected government. This protection is, however, givenits basis, limited to “political discussion,” including “discussion of theconduct, policies or fitness for office of government, political parties,public bodies, public officers and those seeking public office.”1

National guarantees of freedom of expression vary considerably.Constitutional guarantees that are too narrowly defined, in terms eitherof the types of expression or the modalities of communication covered,fail to provide a sufficient underpinning for realizing developmental,participatory, and accountability needs. Qualities that enhance the guar-antee, taking into account judicial interpretation, include the following:

• it applies to everyone, not just citizens or residents;

• it applies to seeking and receiving, as well as imparting,information and ideas;

• it is understood broadly to protect all content, not only thatwhich is deemed socially useful; false, offensive and evenharmful speech should be covered; and

• it is understood broadly to protect all forms of communication.


BOX 2. Thailand, Mali, Columbia: Constitutional Guarantees

Section 39 of the Constitution of Thailand, states, in part: “A person shallenjoy the liberty to express his or her opinion, make speeches, write,print, publicize, and make expression by other means.” Article 4 of theConstitution of Mali, adopted after the 1991 revolution, states: “Everyperson has the right to freedom of thought, conscience, religion, opinion,expression and creation in respect to the law.” Article 20(1) of the Consti-tution of Columbia states: “Everyone is guaranteed the right to expressand disseminate their thoughts and opinions, freedom to inform and re-ceive truthful and impartial information, and freedom to establish masscommunication media.”

1See Lange v. Australian Broadcasting Corporation, 71 ALJR 818 (1997).

The principle of universal application can contribute to strengthen-ing equitable development, preventing the exclusion of marginalizedgroups, such as migrant workers and refugees, and avoiding dis-crimination in access to the means of communication.

Although freedom of expression is most commonly associatedwith protecting the “speaker,” under international law the “listener”is also protected through the right to seek and receive information. Asnoted previously, the dual aspect to the right is fundamentally im-portant as an underpinning of both access to information legislationand media regulation in the public interest.

The protection of all content (subject to certain limited restric-tions described in more detail subsequently) deters the prohibition orrestriction of legitimate forms of expression, whether because offi-cials may find it inconvenient, because it is considered offensive bysome even though it represents the opinions of others, or because itmight harm the popularity of the party in power. The broad protec-tion of content is needed to ensure that different points of view can beheard and criticisms can be aired, including criticisms of those in po-sitions of public authority.

The protection of all forms of communications means the guar-antee applies not only to traditional means of communications—suchas the press and public speaking—but also to electronic media, suchas radio, television, and the Internet.

Constitutions represent societies’ fundamental values and are of-ten difficult to amend. The exercise of the right to freedom of expres-sion, on the other hand, is enormously dynamic, particularly inrecent years, aided by very rapid changes in technologies and theway these are being used. As a result, textual guarantees should besufficiently general and flexible to ensure their continued relevanceover time.

Guarantees of Freedom of the Press/MediaIt is desirable for constitutions to provide explicit guarantees forfreedom of the media, in recognition of the crucial role of the mediain giving practical effect to the free flow of information and ideas insociety.

As with freedom of information, freedom of the press and media isimplicit in the right to freedom of expression. At the same time, it has


been found useful to include specific reference to it at the constitu-tional level.

Section 2(b) of the Canadian constitution,2 for instance, states:“Everyone has the following fundamental freedoms: . . . b) freedom ofthought, belief, opinion and expression, including freedom of the pressand other media of communication.” Article 32 of the constitution ofArgentina3 states: “The Federal Congress shall not enact laws restrict-ing the freedom of printing or establishing federal jurisdiction over it.”

In Sweden, which is a rather unique case, the entirety of itslengthy Freedom of the Press Act, running to some thirty-eight pages,is part of its constitution. This act sets out detailed rules relating topress freedom, including the right to print and disseminate publica-tions, the right to publish anonymously, and the right to access infor-mation held by public authorities. It also includes a section onoffenses against freedom of the press.


BOX 3. Argentina: Constitutional Decision to Allow Noncommercial Media

In September 2003, the Argentine Supreme Court declared Article 45 ofthe Radio Broadcasting Law to contravene the country’s constitutionalprovision for freedom of expression. Article 45 stipulated that only indi-viduals or legally recognized commercial entities could apply for and re-ceive authorization to operate an FM radio station. This excludedcooperatives, community-based groups, and charitable organizations.The judges stated:

This is an unacceptable restriction of the right to freedom of expression andimposes unreasonable limitations on the choice of whether to incorporate ornot. The system . . . should not preclude non-profit entities, who contribute tothe social good, from accessing this medium of communication.1

The ruling led to amendment of the Radio Broadcasting Law toreflect the Supreme Court decision.

1. Discrimination in allocation of radio broadcasting licenses unconstitutional, saysSupreme Court, reported on September 4, 2003, available at: http://www.ifex.org.

2Available at: http://www.solon.org/constitutions/canada/english/ca_1982.html.3Available at: http://www.oefre.unibe.ch/law/icl/ar00000_html.

The Thai constitution,4 too, includes detailed provisions specifi-cally aimed at protection of freedom of the press/media. Article 39 in-cludes the following provisions:

(3) The closure of a pressing house or a radio or television station indeprivation of the liberty under this section shall not be made.

(4) The censorship by a competent official of news or articlesbefore their publication in a newspaper, printed matter orradio or television broadcasting shall not be made exceptduring the time when the country is in a state of war orarmed conflict; provided that it must be made by virtue ofthe law enacted under the provisions of paragraph two.

The constitution also includes detailed provisions regarding broad-cast regulation, in Article 40, as follows:

(1) Transmission frequencies for radio or television broadcast-ing and radio telecommunication are national communica-tion resources for public interest.

(2) There shall be an independent regulatory body having theduty to distribute the frequencies under paragraph one andsupervise radio or television broadcasting and telecommu-nication businesses as provided by law.

(3) In carrying out the act under paragraph two, regard shall behad to utmost public benefit at national and local levels ineducation, culture, State security, and other public interestsincluding fair and free competition.

Unfortunately, implementation of these provisions has been prob-lematic; for example, no independent regulatory body has yet beenappointed for broadcasting.

Direct Applicability of International LawInternational law provides for strong guarantees of freedom of ex-pression and these have been subject to extensive and positive elab-oration by various authoritative international bodies. If the nationallegal system directly incorporates these guarantees, that can helpprovide a strong minimum basis of protection for this right.


4Available at: http://www.servat.unibe.ch/icl/th00000_.html.

In many civil law systems, international law is directly applicableas part of the national legal system, and usually has superior statusto ordinary legislation so that, in case of conflict, international lawprevails. In common law systems, however, it is rare for the constitu-tion to provide for the general incorporation of international law. In-ternational law may specifically be incorporated by statute, but suchstatutes cannot generally override other legislation.

Even where international law has not been incorporated, the de-cisions of international courts—such as the European Court of Hu-man Rights and the Inter-American Court of Human Rights—arebinding on states. States are, therefore, formally obliged to give effectto these judgments.

The benefits of direct applicability of international law are fairlyobvious. It helps to ensure that the state respects its international


BOX 4. France, United Kingdom: Direct Applicability of Inter-national Human Rights Agreements

Article 55 of the French Constitution provides: “Treaties or agreementsduly ratified or approved shall, upon publication, prevail over Acts ofParliament, subject, in regard to each agreement or treaty, to its applica-tion by the other party.” Article 75(22) of the Argentinean constitutionprovides that Congress shall have the power:

To approve or reject treaties entered with other nations and with internationalorganizations, and concordats with the Holy See. Treaties and concordatshave higher standing than laws.

The same article goes on to provide that a long list of human rightstreaties and declarations have the constitutional status, and complementthe rights guaranteed in the constitution, although they shall not be un-derstood as repealing any constitutionally guaranteed rights.

In 1998, the United Kingdom adopted the Human Rights Act, whicheffectively incorporated the human rights guarantees of the EuropeanConvention for the Protection of Human Rights and Fundamental Free-doms into national law. This law gives courts the power to rule out sec-ondary legislation and official practice but not to “strike down” primarylegislation. Instead, courts are required to interpret legislation, as far asthis is possible, in accordance with human rights guarantees and, wherethis is not possible, they can enter a declaration of incompatibility, whichthen empowers a minister to take such action as may be necessary toremove the incompatibility.

legal obligations, and thereby lends force to those obligations. Moreimportantly, however, it ensures the formal applicability of a pro-gressive body of standards that has been established through inde-pendent mechanisms and by individuals with internationallyrecognized expertise in the field. It is important to note, however, thatvery few national courts apply these standards on a regular basis.


Enabling Accessto Information5C

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87


• Constitutional guarantees of the right to information, either specifi-cally or as part of a general right to seek, receive, and impart infor-mation, are important both as legal guarantees and to signal theimportance of access as a human right.

• The starting point for good practice in access to information laws isthe principle of maximum disclosure, which establishes a presump-tion that all information, defined broadly, held by any public body,again defined broadly, is subject to disclosure.

• An important part of an access to information regime is an obligationfor public bodies to publish certain key categories of information, evenin the absence of a request, known as proactive or routine disclosure.

• Certain public and private interests may override the right to accessinformation, and good practice access to information laws providefor comprehensive but narrowly and clearly drafted exceptions tothe right of access.

• International standards establish that a refusal to disclose informationis justified only when a public body can show that disclosure wouldcause harm to one of the legitimate interests listed and that this harmis greater than the public benefit of disclosing the information.

• To facilitate access to information in practice, an access to informationlaw should set out clearly the manner in which requests will beprocessed, it should respect minimum due process guarantees, and itshould ensure the fair, timely, and inexpensive processing of requests.

• Where a request for information has been refused, the requestershould have the right to appeal this refusal to an independent bodyfor adjudication.

• In most countries, one may ultimately appeal to the courts, but inpractice, it is very important that an administrative system of appealsbe provided which operates rapidly and at low cost.

(continued)

IntroductionThe idea that public bodies hold information not for themselves buton behalf of the public is now widely recognized as a fundamentalunderpinning of democracy and good governance. Numerous recentstatements by international human rights bodies assert the impor-tance of the right to know and it has also been recognized as a humanright in many national constitutions around the world, particularlythose adopted in the last ten to fifteen years. To give practical effectto this right, a growing number of countries—over seventy as of April2006—have already adopted access to information legislation, withmany other countries taking steps in that direction.

Access to information held by public bodies has also been widelypromoted as an essential underpinning of equitable and sustainabledevelopment. Puddephatt lists five key reasons why access to infor-mation is important:

1. it is necessary for informed political debate;

2. secrecy leads to a culture of rumor and conspiracy;

3. secrecy leads to corruption;

4. it is a key tool in combating ignorance, for example in thearea of health, which undermines development; and

5. it is crucial to holding governments accountable.1

Numerous commentators have noted the role of openness in com-bating corruption and particularly in providing civil society and themedia with a key tool to investigate and expose corrupt practices. AsPope has noted: “Secrecy still strikes at the concerns of civil society


Good Practice Checklist (continued)

• Individuals who, in good faith, release information on wrongdoing,known as whistle-blowers, should be protected from legal, adminis-trative, or employment-related sanctions for so doing.

• Promotional measures can help to overcome the culture of secrecythat exists in many countries and to ensure that the public is properlyinformed about the new access to information law.

1A. Puddephatt, Preface in R. Calland and A. Tilley, The Right to Know, the Right to Live:Access to Information and Socio-Economic Justice (Cape Town: ODAC, 2002), xi–xii.

everywhere, and most significantly it perpetuates an environment inwhich corruption can flourish unhindered.”2 There are numerousexamples of access to official information being effectively used tocombat corruption, some of which have been outlined in Chapter 3.

The crucial importance of access to information as an underpinningof democratic participation is also widely acknowledged. Stiglitz,whose work on the economic implications of asymmetries of informa-tion won him a Nobel Prize, has stated: “Essentially, meaningful partic-ipation in democratic processes requires informed participants. Secrecyreduces the information available to the citizenry, hobbling people’sability to participate meaningfully.”3 This applies at all levels of partic-ipation, whether it be electing a government, sitting on a local schoolboard, or providing feedback to a proposed development project.

Information is equally central to holding government account-able. Unless citizens are properly informed about what governmentis doing, how it is spending public funds, and its own assessment ofits successes and failures, they cannot ensure that it is acting for thegeneral public good, or in accordance with its public promises.4 Onceagain, this is relevant at all levels of governance, from the national tothe provincial to the local.

Constitutional guarantees of the right to information, eitherspecifically or as part of a general right to seek, receive, and impartinformation, are important both as legal guarantees and to signal theimportance of access as a human right. But detailed access to infor-mation legislation is also needed:

• to spell out the practical means by which this right may beexercised (i.e., how requests are to be processed, within whattime lines, etc.);

• to elaborate clearly the scope of exceptions to the right ofaccess; and

• to establish the right to appeal any refusals to discloseinformation to an independent body.

Enabling Access to Information 89

2J. Pope, “Access to Information: Whose Right and Whose Information?” in TransparencyInternational, Global Corruption Report 2003: Special Focus: Access to Information (London:Profile Books, 2003), 21.3J. Stiglitz, “Transparency in Government” in the World Bank, The Right To Tell: The Role ofthe Mass Media in Economic Development (Washington, DC: World Bank, 2002), 30.4T. Mendel, Freedom of Information: A Comparative Legal Survey (New Delhi: UNESCO,2003), iv.

In many countries, specific provisions on access to information in dif-ferent contexts apply. For example, consumer protection laws andlegislation on the environment often include rules providing for accessto information or the disclosure of certain specific types of information,including on commercial entities such as corporations. These are im-portant complements to more generic access to information legislation.

The four main features of a good access to information law,reflecting the need for such legislation as just noted, are:

1. a presumption that all information held by public bodiesshall be subject to public disclosure;

2. a procedure clarifying the manner in which individuals mayplace requests for information and how officials shouldrespond;

3. the elaboration of clear grounds for refusing a request forinformation (the regime of exceptions); and

4. the right to appeal any refusal to disclose information to anindependent body.

Other important issues to consider in an access to information lawinclude:

• an obligation to publish information proactively, even in theabsence of a request;

• protection for whistle-blowers, individuals who releaseinformation on wrongdoing;

• systems for the proper maintenance of the records held bypublic bodies; and

• measures to promote effective implementation of thelegislation.

This last issue is central to the success of an access to information regime.Indeed, it has often been noted that getting an access law adopted, evena very good law, is only the first, and often the easiest, step in terms ofputting into place an effective access to information regime.

Numerous international statements provide guidance as to good practices in this area. These include official documents, such asthe Recommendation 2002(2) of the Committee of Ministers of theCouncil of Europe on Access to Official Documents5 and the African


5Adopted February 21, 2002.

Commission on Human and Peoples’ Rights’ Declaration of Principleson Freedom of Expression in Africa,6 as well as NGO statements, such asArticle 19’s The Public’s Right to Know: Principles on Freedom of Infor-mation Legislation.7

Constitutional Guarantees of Access to InformationAlthough some argue it is implicit in the guarantee of freedom of ex-pression, explicit constitutional protection regarding the right toaccess information makes this absolutely clear.

In some countries, courts have held that a right to access informationis implicit in more general guarantees of freedom of expression.8 Inother cases, however, courts have declined to find a right of access inmore general guarantees.9 As a result, explicit recognition of this rightis important. Although rare in older constitutions, many recent ones


6Adopted at the 32nd Session, October, 17–23, 2002.7(London: ARTICLE 19, 1999), available at: http://www.article19.org/docimages/ 512.htm.8For example, as early as 1969, the Supreme Court of Japan established in two high-profilecases the principle that shiru kenri (the “right to know”) is protected by the guarantee offreedom of expression in Article 21 of the constitution. See Lawrence Repeta, LocalGovernment Disclosure Systems in Japan (National Bureau of Asian Research, paper no.16,October 1999), 3.9See, for example, Houchins v. KQED, Inc., 438 US 1 (1978) (United States Supreme Court).

BOX 5. Sweden: The First to Grant Access

Sweden was the first country in the world to adopt a law granting citizensthe right to access information held by public bodies, having adopted itsFreedom of the Press Act in 1776.1 The act, part of the Swedish constitu-tion, guarantees the right of access through Chapter 2 “On the PublicNature of Official Documents.” Despite the act’s title, the right is availableto everyone, not just the press. Article 1 of Chapter 2 of the act states that“every Swedish subject shall have free access to official documents.” Inpractice, however, anyone can claim this right, and Sweden has devel-oped a reputation, for example, for being a good country to accessEuropean Union documents. The right to access, and to correct, personaldata is provided for by the Personal Data Act, 1998.

1. Available at: http://www.oefre.unibe.ch/law/icl/sw03000_.html.

explicitly provide for it. For example, Article 61(1) of the 1997 Polishconstitution provides:

A citizen shall have the right to obtain information on theactivities of organs of public authority as well as persons dis-charging public functions. Such right shall also include re-ceipt of information on the activities of self-governingeconomic or professional organs and other persons or orga-nizational units relating to the field in which they performthe duties of public authorities and manage communal assetsor property of the State Treasury.

Some constitutions also provide for the adoption of legislationimplementing the right to information, in some cases even settingtime limits on the adoption of such legislation. For example, theSouth African constitution contains not only the right of access to in-formation but a requirement that national legislation be enacted togive effect to this right. Section 23 of Schedule 6 of the South Africanconstitution provides that implementing legislation on the right ofaccess to information be adopted within three years of the constitu-tion coming into effect, which was indeed done.

Section 7 of Article III of the Philippine constitution provides:

The right of the people to information on matters of publicconcern shall be recognized. Access to official records, and todocuments and papers pertaining to official acts, transac-tions, or decisions, as well as to government research dataused as basis for policy development, shall be afforded thecitizen, subject to such limitations as may be provided by law.

Principle of Maximum DisclosureThe starting point for good practice access to information laws isthe principle of maximum disclosure, which establishes a presump-tion that all information, defined broadly, held by any public body,again defined broadly, is subject to disclosure.

The central idea behind access to information legislation is to providethe general public with access to information held by governmentinstitutions. This is reflected in the principle of maximum disclosure,which implies that the law covers all information and all public bodies.


Good practice access to information laws define the scope of information covered very broadly to include all records held by thepublic body, regardless of the form in which the information isstored—printed document, tape, electronic recording, and so on—itssource—whether it was produced by the public body or some otherbody—and the date of production.

Legislation should cover all branches and levels of government,including local government, elected bodies, bodies that operate undera statutory mandate, nationalized industries and public corporations,nondepartmental public bodies or quangos (quasi nongovernmentalorganizations), and even private bodies that carry out public func-tions (such as maintaining roads or operating rail lines).

However, in some cases private bodies can also become subject toaccess laws. In South Africa, for instance, the African law provides for aright to access to information held by both public and private bodies. Apublic body is defined as a department of state or administration in thenational, provincial, or municipal spheres, and any other institution ex-ercising a power in terms of the constitution or a provincial constitution,or exercising a public power or performing a public function in terms ofany legislation. Private bodies are defined as bodies that engage in com-mercial activities; they are required to provide access to informationwhere this is required for the exercise or protection of any right.

A slightly different approach is taken in the United Kingdom,where the main means for designating public bodies is through a listof bodies covered—set out in Schedule 1 of the act, which runs to someeighteen pages—rather than a generic definition. The list includes allgovernment departments, the various legislative bodies,10 the armedforces, and numerous other bodies listed individually by name. Pub-licly owned corporations are also classified as public bodies. The actdoes not, however, cover the secret services (intelligence operations)or, with a few small exceptions, the court system. The act also grantsthe secretary of state the power to designate further public bodies.

The 1997 Official Information Act of Thailand defines informa-tion to include any material that communicates anything, regardlessof the form that material takes. Official information, in turn, is de-fined simply as information in the possession of a public body,


10The act does not cover Scotland, which has its own law, the Freedom of Information(Scotland) Act of 2002.

whether relating to the operation of the state or to a private individ-ual. The latter is very important given that exposure of corruptionwill often be through information relating to a private individual.

Proactive or Routine DisclosureAn important part of an access to information regime is an obligationfor public bodies to publish certain key categories of information, evenin the absence of a request, known as proactive or routine disclosure.

Supplementing direct requests for information, the proactive dissem-ination of key information by public bodies is a central component ofmost modern access to information regimes. Routine disclosureserves a number of goals relating to democratic participation and sus-tainable development. For example, information relating to partici-patory mechanisms, such as school councils or public discussionsaround a development project or strategy, needs to be widely dis-seminated if it is to be effective and accessible to all segments ofthe population. More generally, the success of moves toward e-government hinges on proactive information disclosure. For thesegoals to be served, the information must be disseminated in a man-ner that ensures it is accessible to the intended beneficiaries and is ina form in which they can understand and can make use of it. Thegrowth of new information technologies has also made it easier topublish more and more information electronically.

In principle, any information that may be of public interest, andwhich is clearly not subject to an exception, should be provided elec-tronically and, in practice, many public bodies are in fact moving inthis direction. Good practice laws vary in the specific informationthey require public bodies to publish, but certain categories of infor-mation are normally included. These are derived directly from thebroader goals of development, participation, and accountability, forthe realization of which access to information is so important. Thefollowing categories are subject to routine disclosure in mostaccess laws:

• operational information about how the public bodyfunctions, including costs, objectives, audited accounts,standards, achievements, and so on, particularly where thebody provides direct services to the public;


• information on any requests, complaints, or other directactions that members of the public may take in relation to thepublic body;

• guidance on processes by which members of the public mayprovide input into major policy or legislative proposals;

• the types of information that the body holds and the form inwhich this information is held; and

• the content of any decision or policy affecting the public,along with reasons for the decision and background materialof importance in framing the decision.


BOX 6. Innovative Approaches to Routine Disclosure

Article 14(2) of the Bulgarian Access to Public Information Act, 2000, con-tains a public interest rule governing proactive disclosure. It requirespublic bodies to disseminate information that may prevent a threat to life,health, security, or property, or that could be of public interest, even if itis otherwise confidential, where the public interest in receiving it out-weighs the risk of harm to the confidential interest. This public interestoverride in relation to the duty to publish is an interesting innovation notfound in most other laws.

The Thai Official Information Act of 1997 specifies two means of rou-tine disclosure; some information must be published in the GovernmentGazette, while other information must be made available for inspection atthe organization’s premises.

The UK Freedom of Information Act includes a unique system forlevering up over time the amount of information subject to routine dis-closure. Rather than providing for a list of information that each publicbody must publish, every public body is required to develop and imple-ment a publication scheme. This must set out the classes of informationthat the public body will publish, the manner in which it will publishthem, and whether or not it intends to charge for any particular publica-tion. Importantly, the scheme must be approved by the Information Com-missioner, who may put a time limit on his or her approval, or withdrawthe approval at any time. This system promotes the progressive improve-ment of publication schemes, so that they may encompass more and moreinformation over time.

A very practical measure in Mexico’s 2002 Federal Transparency andAccess to Public Government Information Law requires all public bodiesto establish accessible computer terminals on their premises, and to pro-vide assistance to the public in using them.

Narrow Regime of ExceptionsIt is recognized that certain public and private interests overridethe right to access information, and all access to information lawsprovide for exceptions to the right of access. The exceptions shouldbe comprehensive, and drafted narrowly and clearly. Internationalstandards establish that a refusal to disclose information is justifiedonly where a public body can show that disclosure would causeharm to one of the legitimate interests listed and that this harm isgreater than the public benefit of disclosing the information.

The regime of exceptions is a key part of any access to informationlaw. On the one hand, the law must protect a number of legitimate,both public and private, secrecy interests. On the other hand, if theregime of exceptions is too broad, it will significantly undermine theright to information.

It is recognized that some degree of confidentiality around internaldecision making and advice is legitimate; civil servants might be in-hibited from providing free and frank advice if this were automaticallysubject to open public scrutiny. At the same time, many laws cast thisexception in unduly broad terms. For example, the Swedish Freedomof the Press Act, which is also an access to information law, provides,at Article 7 of Chapter 2, that a document has been drawn up by a pub-lic authority only if the matter to which it relates has been “finally set-tled by the authority,” “finally checked and approved,” or “finalized insome other manner.” Critics argue that this represents an unnecessar-ily complicated and broad way of protecting the free and frank provi-sion of advice. In many cases, the access to information law overridessecrecy laws in case of conflict. This is true, for example, in India, SouthAfrica, and Pakistan, but not in Mexico or the United Kingdom.

Yet no matter how carefully drafted, exceptions cannot accom-modate every situation where information should, on public interestgrounds, be disclosed. As a result, many laws provide that, even ifdisclosure of information would cause harm to a legitimate interest,the information should still be disclosed if the benefits of disclosureoutweigh the harm—a provision known as the public interest over-ride. For example, certain information may be private in nature but atthe same time expose high-level corruption within government.These interests should be weighed against each other when deter-mining whether or not the public interest override applies.



BOX 7. The Council of Europe Standards on Exceptions

Recommendation 2002(2) of the Committee of Ministers of the Council ofEurope on Access to Official Documents sets out very clearly the stan-dards to be applied to exceptions in Principle IV:

1. Member states may limit the right of access to official documents.Limitations should be set down precisely in law, be necessary in ademocratic society and be proportionate to the aim of protecting:

i. national security, defence, and international relations;ii. public safety;

iii. the prevention, investigation, and prosecution of criminal ac-tivities;

iv. privacy and other legitimate private interests;v. commercial and other economic interests, be they private or

public;vi. the equality of parties concerning court proceedings;

vii. nature;viii. inspection, control and supervision by public authorities;

ix. the economic, monetary and exchange rate policies of the state;x. the confidentiality of deliberations within or between public

authorities during the internal preparation of a matter.

2. Access to a document may be refused if the disclosure of the infor-mation contained in the official document would or would be likelyto harm any of the interests mentioned in paragraph 1, unless thereis an overriding public interest in disclosure.

3. Member states should consider setting time limits beyond which thelimitations mentioned in paragraph 1 would no longer apply.

Three principles governing exceptions are evident from this recom-mendation. In particular, exceptions should only apply where:

• the information relates to a legitimate interest listed in the law;• disclosure threatens to cause harm to that interest; and• the harm to the legitimate interest is greater than the public interest

in having the information.

Furthermore, the recommendation stipulates that overall time limitsshould be established, beyond which exceptions, or certain exceptions, nolonger apply. This is particularly important for certain types of excep-tions, particularly those protecting public interests, and which the au-thorities have a systematic tendency to interpret broadly, such as nationalsecurity.1

1. See Toby Mendel, “National Security vs. Openness: An Overview and Status Re-port on the Johannesburg Principles” in National Security and Open Government:Striking the Right Balance (New York: Campbell Public Affairs Institute, MaxwellSchool of Syracuse Univesity, 2003), p. 1.

All of the exceptions in the South African law, for example, are sub-ject to a public interest override. This applies whenever the disclosureof the record would reveal evidence of a substantial contravention of,or failure to comply with, the law or an imminent and serious risk topublic safety or the environment, and where the public interest in dis-closure “clearly outweighs” the harm. The Thai law requires publicofficials to consider the public interest when assessing exceptions.The UK law includes a good, and broad, public interest override,providing that nondisclosure is justified only where, “in all the


BOX 8. India: Exceptions in the Right to Information Act

The Indian Right to Information Act of 2005 provides for the followingexceptions to the right of access:

i. information, disclosure of which would prejudicially affect the sov-ereignty and integrity of India, the security, strategic, scientific, oreconomic interests of the state or relations with foreign state, orwould incite to an offence;

ii. information which has been expressly forbidden to be published byany court of law or tribunal or the disclosure of which may constitutecontempt of court;

iii. information, the disclosure of which would cause a breach of privi-lege of Parliament or a state legislature;

iv. cabinet papers including records of deliberations of the Council ofMinisters, Secretaries and other officers;

v. information received in confidence from a foreign government; andvi. information, including commercial confidences, trade secrets or

intellectual property, the disclosure of which would harm the com-petitive position of a third party, unless the competent authority issatisfied that the larger public interest warrants the disclosure ofsuch information.

Most of these exceptions include a harm test, and all are subject to ageneral public interest override. There is an overall 20-year time limit onmost exceptions.

Importantly, the Right to Information Act specifically overridessecrecy laws to the extent of any inconsistency, explicitly referring in thiscontext to the infamous Official Secrets Act of 1923, passed during theperiod of British rule, and stating:

The provisions of this Act shall have effect notwithstanding anything incon-sistent therewith contained in the Official Secrets Act, 1923, and any other lawfor the time being in force or in any instrument having effect by virtue of anylaw other than this Act.

circumstances of the case, the public interest in maintaining the ex-emption outweighs the public interest in disclosing the information.”

Good Process GuaranteesTo facilitate practical access to information, an access to informa-tion law should set out clearly the manner in which requests will beprocessed. This should respect minimum due process guaranteesand ensure the fair, timely, and inexpensive processing of requests.

Good process guarantees help ensure the proper application of thelaw, whereas poor procedural mechanisms can result in delay andconfusion, undermining the right of access.

In good practice access to information laws, requests can be madein a number of different formats, including orally and by email. TheBulgarian Access to Public Information Act, for example, providesthat requests may be made in either oral or written form. Requestsmust be registered by the public body in question, ensuring a papertrail for even oral requests.

To ensure that all citizens can make information disclosure re-quests, measures to promote equitable access outside of the capitalregion, such as providing for ministries with a presence throughoutthe country to serve as general points for receipt of information


BOX 9. Sweden: Facilitating Access by Listing Holdings

The Swedish access to information system includes a particularly usefulfeature, set out in Chapter 15 of the Secrecy Act, 1981, requiring all publicauthorities to produce a register of all documents held.1 In general theseregisters are open for public inspection and an effort is now under way toensure that they are available electronically. This system enormouslyfacilitates access, by letting requesters know in advance what informationthe public body holds.

1. There are four exceptions to this rule:

1. documents that are obviously of little importance, such as press cuttings;2. documents that are not secret and that are kept in a manner which makes it

easy to ascertain whether they have been received or drawn up by a publicauthority;

3. documents found in large numbers that have been exempted; and4. electronic records kept in a central registry.

requests, should be considered. Public bodies should also be requiredto provide assistance to those who are having difficultly formulatingtheir requests. Special assistance may be needed for illiterate or dis-abled requesters. This is stipulated, for example, in the South Africanlaw. An official receipt should be provided as evidence of a requesthaving been made, among other things, to serve as the basis for anappeal if the request is not responded to in time or at all.

Public bodies should be required to respond to requests as soonas possible, and a maximum time limit for responding to requestsshould be established. The Bulgarian act, for example, provides thatrequesters must be notified in writing of a decision regarding their re-quest as quickly as possible but in any case within fourteen days.Where the request is for a large number of documents and more timeis needed to respond, an extension of up to ten days may be made,provided that the requester be notified of this.

Where requests have been refused, in full or in part, the requestershould be provided with the reasons why his or her request was re-fused, including the specific exception relied upon, as well as infor-mation about the right to appeal the refusal. This is necessary forrequesters to frame an effective appeal against any refusal to provideaccess.


BOX 10. United States: Varied Fee Scales

The 1966 U.S. Freedom of Information Act sets out detailed rules on thefees that may be charged for requests for information, which must con-form to central guidelines providing a uniform schedule of fees for allpublic bodies. The law provides for three different fee systems. Requestsfor commercial use may be billed “reasonable standard charges for docu-ment search, duplication, and review.” Requests by educational or scien-tific institutions may be billed only “reasonable standard charges fordocument duplication,” and all other requests may be charged for searchand duplication. For the latter two categories of requester, no fees may becharged for the first 2 hours of search or for the first 100 pages of docu-ments, or where the cost of collecting the fee would exceed the value ofthe fee. Furthermore, where disclosure is in the public interest because itis “likely to contribute significantly to public understanding of the oper-ations or activities of the government,” information must be providedwithout charge or at a lower charge than would otherwise be the case.This is, in effect, a waiver for the media, as well as for NGOs who canshow a public interest use.

Fees may be charged for lodging a request and/or for being givenaccess to the information but, if these are excessive, they will under-mine the right of access. A common provision in national laws is thatfees should not, in any circumstances, exceed the actual costs of pro-viding access. If fee schedules are set centrally, this will avoid a patch-work of fee systems across the public service, with some ministries andpublic bodies providing access at lower rates and some at higher ones.

Right to Independent Review of Refusals to Grant Access

Where a request for information has been refused, the requestershould have the right to appeal this refusal to an independent bodyfor adjudication. An administrative system of appeals that operatesrapidly and at low cost should be provided for.

Requesters should have the right to appeal to an independent bodyagainst any refusal by a public body to grant access. If public bodiesthemselves make the final decision as to whether or not the information


BOX 11. Japan: Progressive Process Provision

The Japanese Law Concerning Access to Information Held by Adminis-trative Organs, 1999, includes a number of progressive provisions onprocess. A request should describe the record sought in sufficient detail toenable it to be found, but where this is not the case, the administrative or-gan notifies the requester and gives him or her a suitable amount of timeto remedy the problem, while also “endeavoring” to provide assistance.

A decision to disclose must normally be made within 30 days and therequester must be notified of this decision in writing. This period may beextended for another 30 days, “when there are justifiable grounds such asdifficulties arising from the conduct of business,” provided that therequester must be notified of any such extension in writing, along withthe reasons. Requesters may ask to inspect the record and to be providedwith copies or other forms of access, and this should be respected unlessit would pose a risk of harm to the record.

Fees may be charged for both processing the request and for provid-ing the information, provided that these do not exceed the actual cost. Thefee structure must take into account the desirability of keeping fees to as“affordable an amount as possible,” and the head of the administrativeorgan may reduce or waive the fee in cases of economic hardship or forother special reasons.

requested is exempt from disclosure, the right of access, or at least thepower to determine the scope of the exceptions, is effectively at the dis-cretion of officials. In most countries, the courts act as the final arbitersof such disputes, and this is important as a means of providing fully rea-soned and authoritative answers to the many complex questions an ac-cess to information regime can be expected to generate. At the same time,court challenges are expensive and time consuming; few requesters areprepared to devote so much time and money simply to get the desiredinformation. Administrative appeals, on the other hand, can be rapidand low cost, making them far more accessible, and hence effective.

To realize these benefits, many access to information laws pro-vide for appeals to an independent administrative body. As in thecase of the courts, it is clearly important that such an administrativebody be independent of government. Otherwise, it cannot be expected to provide effective oversight of the system and, in particu-lar, to overrule refusals by officials to disclose information.


BOX 12. Pakistan and Mexico: Rules on Refusal

Pakistan’s Freedom of Information Ordinance, 2002, provides for two lev-els of appeals, one internal and one to an administrative body. Requestershave 30 days after being refused information to appeal this refusal to thehead of the public body concerned and, upon failing to get the informa-tion from him or her “within the prescribed time,” from there to theMohtasib (ombudsman) or, in cases involving the Revenue Division, tothe federal tax ombudsman. These officials may either direct the publicbody to release the information or reject the complaint. Although the lawdoes not specify this, requesters presumably also have a right to appealfrom there to the courts.

Under the Mexican Act, appeals from any refusal to provide infor-mation go first to the Federal Institute of Access to Information, estab-lished under the act, and from there to the courts. The institute is anindependent body. The five commissioners are nominated by the execu-tive branch, but nominations may be vetoed by a majority vote of eitherthe Senate or the Permanent Commission. Individuals may not beappointed as commissioners unless they are citizens, have not been convicted of a crime of fraud, are at least 35 years old, do not have strongpolitical connections, and have “performed outstandingly in the profes-sional activities.” Commissioners hold office for 6 years, but may beremoved for serious or repeated violations of the constitution or the act,where their actions or failure to act undermine the work of the institute,or if they have been convicted of a crime subject to imprisonment.

Protection for Whistle-blowersIndividuals who, in good faith, release information on wrongdoing,known as whistle-blowers, should be protected from legal, adminis-trative, or employment-related sanctions for so doing.

Whistle-blowers act as an important information safety valve, mak-ing sure that key information on wrongdoing reaches the public.They are a key supplement to the other information disclosures sys-tems insofar as they bring to light information that would otherwiseremain hidden, and they can play a particularly important role in re-lation to the exposure of corruption, promote greater public account-ability, expose corporate crimes, and bring environmental harmsto light.

To encourage this practice, it is important to protect whistle-blowers from sanction, as long as they acted in good faith. This pro-tection may be triggered, for example, by the exposure of thecommission of a criminal offense, a failure to comply with a legal ob-ligation, a miscarriage of justice, corruption or dishonesty, or seriousmaladministration regarding a public body. It should also extend tothose who release information disclosing a serious threat to health,safety, or the environment, whether linked to individual wrongdoingor not. Such protection should apply even where disclosure wouldotherwise be in breach of a legal or employment requirement.

Few countries include general protection for whistle-blowerswithin their access to information laws, but rather in separate lawsspecifically devoted to this.

In South Africa, the Protected Disclosures Act of 2000 providesprotection to those who, in good faith, disclose information on wrong-doing. The access law also protects individuals who, in good faith, dis-close information pursuant to a request. Similarly, in the UnitedKingdom, the Public Interest Disclosure Act of 1998, rather than theFreedom of Information Act, provides protection for whistle-blowers.The access law, however, protects those who provide information inresponse to a request from any liability in defamation.

An interesting proposal in this area was tabled in the Philippines,although it has not been passed into law. In 2004, Senator Mar Roxasfiled a bill in the Senate that would have not only protected whistle-blowers but would actually have provided rewards to anyone who uncovered and divulged corrupt practices or acts of graft in


government. The amount of the award would have depended on a combination of the nature of the offense exposed, the sum of moneyrecovered, and the salary of the official in question.

Promotional MeasuresA number of promotional measures are needed to overcome the cul-ture of secrecy that exists in many countries and to ensure that thepublic is properly informed about the new access to information law.

Deeply entrenched cultures of secrecy, founded on the idea that pub-lic bodies, or even individual officials, rather than the public as awhole, own the information they hold or have created, can seriouslyundermine even the most progressive access legislation. Promotionalmeasures, both among the public bodies and the public, can help toaddress this.

The appropriate measures will depend on the context, but theymay include:

• requiring public bodies, or one central body, to publish andwidely disseminate a public guide to using the access toinformation law;

• placing positive obligations on information officers to takethe lead in ensuring that the public body in question meetsits obligations under the law;

• making provision for adequate training of public officials; and

• requiring public bodies to report annually on their activitiesto implement the access to information law, including byproviding an overview of requests made and how they wereresolved.

Many access to information laws provide for criminal sanctions forthose who wilfully obstruct access, for instance in India, Mexico, theUnited Kingdom, and South Africa.


Guides and public provision of other types of information to facil-itate public access are an important promotional measure. Requiringpublic bodies to report on their access to information activities can becentral to enabling civic engagement with those bodies around infor-mation disclosure issues, as well as to facilitating the monitoring ofopenness trends, bottlenecks, and so on.

It may be noted that changing cultures, including those internalto government, is never an easy or short-term task and that changingcultures of secrecy has proven to be one of the most significantimplementation challenges for access to information advocates.


BOX 13. United States: Producing a Guide and ReportingRequirements

In the United States, the head of each public body is required to prepareand make publicly available a guide for requesting records, including anindex of all major information systems, a description of the main infor-mation locator systems, and a handbook for obtaining various types ofpublic information from the body.

Public bodies are required to submit annual reports to the attorneygeneral on their activities under the act, and these annual reports must bemade publicly available, including via electronic means. The reportsmust, in particular, cover:

• the number of refusals to disclose information, along with the rea-sons given;

• the number of appeals, their outcome, and the grounds for each ap-peal that does not result in disclosure of information;

• a list of all statutes relied upon to withhold information, whether thecourt has upheld the refusal to disclose, and the scope of informationwithheld;

• the number of requests pending and the average number of daysthey have been pending;

• the number of requests both received and processed, along with theaverage number of days to process requests of different types;

• the total amount of fees charged; and• the number of full-time staff working on access to information.


BOX 14. South Africa: Protections for Officials Who Disclose Information

The South African Promotion of Access to Information Act, 2001, protectsanyone against liability for anything done in good faith pursuant to theact. This is designed to protect public officials who make progressivedecisions to disclose information. Furthermore, it is a criminal offense todestroy, damage, alter, conceal, or falsify a record with intent to deny aright of access, punishable by up to two years imprisonment.

Every public body must compile, in at least three official languages,a manual with information about its information disclosure processes.The precise contents of the manual are set out in section 14 of the act, in-cluding information about the structure of the body, how to make infor-mation requests, services available to the public, any consultative orparticipatory processes, and a description of all remedies. Public bodiesare also required to submit an annual report with detailed informationabout the number of information requests, whether or not they weregranted, the provisions of the act relied upon to deny access, appeals, andso on, to the Human Rights Commission.

The Human Rights Commission is tasked with a number of promo-tional duties under the Act, including:

• publishing a guide on how to use the act;• providing an annual report to the National Assembly on the func-

tioning of the act, including any recommendations and detailed in-formation, in relation to each public body, about requests received,granted, refused, appealed, and so on;

• undertaking educational and training programs;• promoting the timely dissemination of accurate information;• making recommendations to improve the functioning of the act, in-

cluding to public bodies;• monitoring implementation; and• assisting individuals to exercise their rights under the act.

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• Public bodies—including all bodies that form part of the legislative, ex-ecutive, or judicial branches of government or that otherwise performpublic functions—should not be able to bring defamation actions.

• There is a growing trend to repeal criminal defamation laws and toreplace them, where necessary, with civil defamation laws.

• In many countries, proof of the truth of any statements alleged to bedefamatory completely absolves the defendant of liability.

• In some counties, the person bringing the defamation action bearsthe burden of proving that the statement is false, at least in relationto statements on matters of public interest.

• Defamation laws should not provide any special protection for pub-lic officials, whatever their rank or status, and in some countries it isextremely difficult for public officials to win defamation cases basedon statements about their public functions.

• Statements of opinion—understood broadly to include all statementsthat do not contain a factually provable allegation, as well as state-ments that cannot reasonably be interpreted as stating actual fact(e.g., because they are satirical)—normally benefit from a greater de-gree of protection under defamation law than statements of fact.

• In many countries, a defense against a charge of defamation relatingto a statement on a matter of public interest can be entered by show-ing that it was reasonable in all the circumstances for the defendantto have disseminated the statement, even if that statement has beenshown to be false.

• The overriding goal of providing a remedy for defamatory statementsis to redress the harm done to the reputation of the plaintiff, not topunish those responsible for the dissemination of the statement.

• Remedies or sanctions for defamation should be proportionate to theharm done.

IntroductionThe need to protect reputations means that some limits are alwaysimposed on the right to freedom of expression. The term defamationis used here to refer to all such laws, recognizing that they go by anumber of different names in different countries, including libel,slander, insult, desacato, and so on.

Freedom of expression plays a central role in exposing corrup-tion, in holding governments to account, and in underpinning dem-ocratic participation. To do so, individuals, and particularlyjournalists, must be able to publish what they know without fear ofprosecution.

A scientific study in the United Kingdom, based on research ofactual defamation cases brought to court, Libel and the Media: TheChilling Effect, concluded that the defamation law in that country“significantly restricts what the public is able to read and hear.”1 Fur-thermore, it noted the “deeper, and subtler way in which libel inhibitsmedia publication,” which functions in a “preventive manner: pre-venting the creation of certain material,”2 often referred to as the“chilling effect.”

This problem is certainly not restricted to the United Kingdom. Inmany countries, defamation is the restriction on content that exertsthe most serious chilling effect on freedom of expression, undermin-ing the ability of the media and others to report in the public interest.In countries in transition to democracy, the erstwhile direct forms ofcontrol by the authorities over the media—such as licensing publica-tions, prior censorship, and ministerial control over broadcast licens-ing—have often been done away with. In this context, authoritiesoften look to defamation law to prevent criticism of their actions.Croatia presents a typical example of this. In that country, there wasan explosion of cases in the mid- to late-1990s, with a huge numberagainst just one critical independent newspaper, Feral Tribune.3

In a similar vein, unduly harsh defamation laws also underminecivic participation and development, since these also often involve


1E. Barendt, L. Lustgarten, K. Norrie, and H. Stephenson (Oxford: Oxford UniversityPress, 1997), 193.2Ibid., p. 194.3See International Press Institute, 1999 World Press Freedom Review, Croatia. Excerptsavailable at: http://archiv.medienhilfe.ch/Reports/ipi1999/IPI-CRO.htm.

unwanted criticism. Criticism by locals of a development project, forexample, may have political implications and hence attract defama-tion suits, undermining participatory processes and the two-wayflow of information.

The central challenge of defamation law is to provide an appro-priate balance between the right to freedom of expression and every-one’s interest in maintaining their reputation. But certain kinds ofstatements, in particular, statements about matters of public concern,including those relating to public figures, should benefit from greaterprotection. The importance, in a democracy, of open discussion aboutsuch matters justifies a different balancing approach in these cases.

Who May Sue

Public bodies—including all bodies that form part of the legislative,executive, or judicial branches of government or that otherwiseperform public functions—should not be able to bring defamationactions.

In a democracy, open criticism of government and public authoritiesis of vital importance. These bodies play a central role in develop-ment and must be held to account, even if doing so sometimesinvolves robust, and even unjustified, criticism. As the SupremeCourt of Nepal noted, in a case involving criticism of the government:

So long as citizens are not involved in violent activities, donot jeopardize the peace and order situation, or create anarchism or intend to do so and if the objective of such

Use and Misuse of Defamation Law 109

BOX 15. Indonesia: Misuse of Criminal Defamation

The case of Bambang Harymurti, editor of Tempo, a leading Indonesiannews magazine, is illustrative. Bambang was charged with criminaldefamation for an article published in Tempo alleging corruption on thepart of a local businessman in relation to a market fire. Despite the obvi-ous public interest nature of the article, and the lack of bad faith, Bambangwas originally convicted and sentenced to a year’s imprisonment.Although he was finally acquitted by the Indonesian Supreme Court, thecase exerted a serious chilling effect on the media. It also provides a goodillustration of how the powerful, whether they be businessmen or politi-cal figures, can abuse defamation laws to prevent criticism.

criticism is to effect changes in the work and policy of thegovernment to improve the condition of the general public heor she has the freedom to speak out against the government.4

Courts in a number of countries have specifically ruled against thepossibility of defamation suits by public bodies. The Indian SupremeCourt, for example, in Rajagopal v. State of Tamil Nadu, held that “theGovernment, local authority and other organs and institutions exer-cising governmental power” cannot bring a defamation suit.5

This has been extended by some courts to elected bodies and state-owned corporations. State-owned corporations, for example,have failed to win standing in South Africa and Zimbabwe.6


4Dr. K. I. Singh v. His Majesty’s Government of Nepal (HMG/N) (1965) Nepal Kanun Patra(NKP) (Nepal Law Journal) (NKP, 2022 B.S.: Decision No. 279, pg. 58). A similar positionhas been taken in the United States. See City of Chicago v. Tribune Co., 307 Ill 595 (1923).56 Supreme Court Cases 632 (1994), 650.6See Die Spoorbond and Anor. v. South African Railways, AD 999 (1946) and Posts and Telecom-munications Co. v. Modus Publications (Private) Ltd., No. SC 199/97 (Supreme Court of Zimbabwe, November 25, 1997).

BOX 16. United Kingdom: Rationale for Restricting the Right of Elected Bodies to Sue

In the UK case of Derbyshire County Council v. Times Newspapers Ltd., theHouse of Lords ruled that the common law does not allow a local authorityto maintain an action for damages for libel. As an elected body, it “should beopen to uninhibited public criticism. The threat of a civil action for defama-tion must inevitably have an inhibiting effect on freedom of speech.”1

The House of Lords put forward a threefold rationale for restrictingthe ability of elected bodies to sue. First, criticism of government is vital tothe success of a democracy, and defamation suits inhibit free debate aboutvital matters of public concern. Second, defamation laws are designed toprotect reputations. Elected bodies should not be entitled to sue in defama-tion because any reputation they might have would belong to the publicas a whole, which on balance benefits from uninhibited criticism. Further-more, elected bodies regularly change membership, so “it is difficult to saythe local authority as such has any reputation of its own.” Finally, the gov-ernment has ample ability to defend itself from harsh criticism by othermeans, for example by responding directly to any allegations. Allowingpublic bodies to sue is an inappropriate use of taxpayers’ money, onewhich may well be open to abuse by governments intolerant of criticism.

1. [1993] 1 All ER 1011, p. 1017.

The international trend is to extend the scope of this prohibition to anever-wider range of public bodies, and even to include political parties.7

Criminal DefamationThere is a growing trend to repeal criminal defamation laws and toreplace them, where necessary, with civil defamation laws.

The threat of potentially much harsher sanctions, especially impris-onment, in those countries that treat defamation as a criminal offenseexerts a profound chilling effect on freedom of expression and reinforces many of the problems outlined previously.

Furthermore, the experience of the growing number of countrieswhere defamation is exclusively a civil matter (see the following box),either by law or as a matter of practice, demonstrates the adequacy ofnoncriminal sanctions in redressing harm to reputation. The experience


7See the United Kingdom case, Goldsmith and Anor. v. Bhoyrul and Others, 4 All ER 268(1997).

BOX 17. Countries That Have Abolished or Limited CriminalDefamation

Anumber of countries have completely abolished criminal defamation lawsrecently. These include Bosnia-Herzegovina (2002), Central African Repub-lic (2004), Georgia (2004), Ghana (2001), Sri Lanka (2002), Togo (2004), andthe Ukraine (2001). Albania is also about to decriminalize defamation.

Some countries—such as France and Bulgaria—have done awaywith the possibility of imprisonment for defamation. Countries such asArgentina, Chile, Costa Rica, Honduras, Paraguay, and Peru have doneaway with their notorious desacato laws, which provided special criminallaw protection for public officials. The Cambodian government has re-cently pledged to do the same. In a growing number of other jurisdic-tions, civil defamation laws are the preferred means of redress, eventhough criminal defamation laws are still on the books. This is the case,for example, in many European countries. In other countries, criminaldefamation laws have fallen into virtual desuetude. There has been nosuccessful attempt to bring a criminal prosecution for defamation in theUnited Kingdom for many years. In the United States, criminal defama-tion laws have been repealed or ruled unconstitutional in most states, andthere has been no successful prosecution for many years.

of these countries, which have not witnessed any increase in defama-tion cases or in the seriousness of defamation complaints, refutes the ar-gument that criminal sanctions are necessary to punish defamatorystatements.

These national developments have been accompanied by a growingbody of authoritative international commentary to the effect thatcriminal defamation laws cannot be justified as a restriction onfreedom of expression.

The three special international mandates for promoting freedom ofexpression—the UN Special Rapporteur, the OSCE Representative onFreedom of the Media, and the OAS Special Rapporteur on Freedomof Expression—called on states to repeal their criminal defamationlaws in their joint declarations of November 1999, November 2000,and December 2002. The 2002 statement read:

Criminal defamation is not a justifiable restriction on free-dom of expression; all criminal defamation laws should beabolished and replaced, where necessary, with appropriatecivil defamation laws.8

The Inter-American Commission on Human Rights, in its report onthe compatibility of desacato laws with the American Convention onHuman Rights, suggested that all matters relating to the protection ofreputation should be dealt with as a matter of civil law:

The Commission considers that the State’s obligation toprotect the rights of others is served by providing statutoryprotection against intentional infringement on honor andreputation through civil actions and by implementing lawsthat guarantee the right of reply.9

In two recent cases involving criminal defamation laws, the Inter-American Court of Human Rights has found a violation of the rightto freedom of expression. These decisions make it clear that its usewill be very hard to justify, particularly in the context of statementsrelating to matters of public interest.10


8Joint Declaration of December 10, 2002.91994 Annual Report of the Inter-American Commission on Human Rights, Chapter V,Conclusion.10See Herrera-Ulloa vs. Costa Rica, July 2, Series C, No. 107 (2004) and Ricardo Canese vs.Paraguay, Series C, No. 111 (August 31, 2004) (both Inter-American Court of Human Rights).

Proof of Truth

In many countries, proof of the truth of any statements alleged tobe defamatory completely absolves the defendant of liability. Insome counties, the person bringing the defamation action bears theburden of proving that the statement is false, at least in relation tostatements on matters of public interest.

No one should be subject to liability in defamation law for dissemi-nating a true statement. This is reflected, for example, in Principle XIIof the Declaration of Principles on Freedom of Expression in Africa, whichstates, in part:

1. States should ensure that their laws relating to defamationconform to the following standards:

• no one shall be found liable for true statements . . .11

The right to publish truths also derives from basic principles of free-dom of expression, as well as the obvious principle that one cannot de-fend a reputation one does not deserve. In other words, if someonewrites the truth about another person, which harms the latter’s reputation, in fact that person had been enjoying a reputation he orshe did not deserve in the first place. Protecting true statements underdefamation law does not necessarily rule out the possibility of othersorts of legal action for true statements, such as protection of privacy.

At the very minimum, defendants should always be given a fullopportunity to prove that their statements were true. In Castells v.Spain,12 for example, the European Court of Human Rights ruled thatthe failure of the Spanish courts to allow Castells to prove the truth ofhis statements in a defamation case was a violation of his right to free-dom of expression, which could not be justified in a democratic society.

Requiring statements not only to be true but also to be in the pub-lic interest, as in the case with some defamation laws, places an un-acceptable burden on journalists and others wishing to publish. Italso runs counter to the basic thrust of the right to freedom of ex-pression, which requires restrictions to be in the public interest, not


11Adopted by the African Commission on Human and Peoples’ Rights at its 32nd Session,October 17–23, 2002.12Castells v. Spain, 236 Eur. Ct. H.R. (ser.A) (1992), available at http://www.worldlii.org/eu/cases/ECHR/1992/48.html.

the exercise of the right. This was pointed out by the House of Lordsin the UK case Gleaves v. Deakin. At issue in this case was a criminaldefamation rule that required not only proof of the truth of the state-ments, but also proof that publication was for the public benefit. AsLord Diplock stated: “This is to turn article 10 of the [European Con-vention on Human Rights, guaranteeing freedom of expression] onits head . . . article 10 requires that freedom of expression shall be un-trammelled [unless interference] is necessary for the protection of thepublic interest.”13

No Special Protection for Public Officials

Defamation laws should not provide any special protection for pub-lic officials, whatever their rank or status. In some countries, it isextremely difficult for public officials to win defamation cases basedon statements about their public functions.

It is now well established in international law that public officialsshould be required to tolerate more, rather than less, criticism thanordinary citizens. In its very first defamation case, the EuropeanCourt of Human Rights stated:

The limits of acceptable criticism are . . . wider as regards apolitician as such than as regards a private individual. Unlikethe latter, the former inevitably and knowingly lays himself


13Gleaves v. Deakin [1980] A.C. 477 (House of Lords).

BOX 18. United States: The Onus on the Plaintiff to Prove the Case

In the leading U.S. case, New York Times Co. v. Sullivan,1 the U.S. SupremeCourt held that, in relation to statements about public officials, the onuswas on the plaintiff to prove that the statements were false. Furthermore,the plaintiff also had to prove that the statements had been published inmalice, or with reckless disregard for the truth to succeed in the action.Subsequent cases have extended the scope of this rule, for example to can-didates for public office2 and public figures who do not hold official orgovernment positions.3

1. 376 US 254, 279 (1964).2. Monitor Patriot Co. v. Roy (1971) 401 US 265.3. Curtis Publishing Co. v. Butts (1967) 388 US 130.

open to close scrutiny of his every word and deed by bothjournalists and the public at large, and must consequentlydisplay a greater degree of tolerance.14

This has become a fundamental tenet of the court’s case law.Similarly, the Inter-American Commission of Human Rights has

stated:

The use of desacato laws to protect the honor of public func-tionaries acting in their official capacities unjustifiably grantsa right to protection to public officials that is not available toother members of society. This distinction inverts the funda-mental principle in a democratic system that holds the Gov-ernment subject to controls, such as public scrutiny, in orderto preclude or control abuse of its coercive powers.15

There are three key reasons for this. First, and most important,the role that such officials play in a democracy means that there is aheightened need for open public debate regarding their actions andviews. They must be accountable to the public, and this includes re-sponding openly to criticism rather than attempting to suppress it.Such accountability is perhaps most obviously manifested when theytolerate criticism of their own decisions, irrespective of how intem-perate such criticism may be. This tolerance is not only central todemocracy but also to facilitating participation in development worksince criticism of official action is inherent in open engagementaround development issues.

Second, officials have, by virtue of their positions, voluntarily ac-cepted that they should be subjected to greater public scrutiny. Third,officials normally have adequate means at their disposal to refute anyfalse or misleading allegations, making defamation cases unneces-sary, although this does not apply to all officials (e.g., judicial officersmay be precluded by professional obligations from responding tocriticism of their public functions).

The precise standard that should apply to defamation of public officials is less clear. However, in striking a balance between


14Lingens v. Austria, Application No. 9815/82, 8 EHRR 407 (July 8, 1986).15Report on the Compatibility of “Desacato” Laws With the American Convention on Human Rights,1994 Annual Report of the Inter-American Commission on Human Rights, Chapter V [em-phasis added].

protecting the reputation of public officials and encouraging a robustand open debate on public issues, legislators, and courts have oftentaken into account the importance of vigorous reporting on public is-sues, as well as the need to protect officials from malicious and un-warranted attacks on their reputation.

In a Croatian case, a member of parliament sued the Feral Tribunenewspaper for having defamed him by publishing a cartoon of himsuggesting a litigious disease was inflicting the country, a referenceto the numerous cases that he had already brought against them. TheZagreb Municipal Court dismissed the case, holding: “The plaintiff isa public and political figure and his conduct and activity is open topublic eyes and subject to critic, humour and satire.”16 Similarly, in acase involving the publication of a letter from a politician in SouthKorea to the leader of North Korea, Kim Jung-il, the Korean Consti-tutional Court held that different standards apply when criticism ofpublic officials is involved. In particular, their right to their reputa-tion had to be balanced against the public interest in the news story.17

Opinions

Statements of opinion—understood broadly to include all state-ments that do not contain a factually provable allegation, as well asstatements that cannot reasonably be interpreted as stating actualfacts, for example because they are satirical—normally benefit froma greater degree of protection under defamation law than state-ments of fact.

Wide latitude is often given to those expressing statements ofopinion, and, in some jurisdictions these do not attract any liabilityunder defamation law. This is particularly important when express-ing views about public officials. As previously noted, democracy de-pends on the toleration of robust criticism of officials, most obviouslyduring elections but also at other times, and of all attempts to hold of-ficials accountable.


16Tomislav Mercep v. ‘’Feral Tribune,” XL-PN-1444-95 (1995).1711-1 KCCR (Korean Constitutional Court Report) 768, 97 Hun-Ma 265, Decisions of theKorean Constitutional Court (English) 83 (2001), 7 Collection of Court Cases on the Press345 (2000), Constitutional Court of Korea (1999).

In the United States, it is now well established that opinions in re-lation to matters of public concern are not actionable, that is to say,they receive full constitutional protection. Two types of statementsreceive this type of protection: those that “do not contain a provablyfalse factual connotation” and those that “cannot reasonably [be] in-terpreted as stating actual facts.”18

Under international law, everyone has an absolute right to holdopinions, and this provides a strong basis for protection of the ex-pression of those opinions. Opinions are, almost by definition, highlysubjective; it is not possible to prove them to be true, and even thequestion of whether or not they are “reasonable” or founded on prov-able facts is highly elusive. This argues in favor of either absolute pro-tection or at least a very high level of protection.


18Milkovich v. Lorain Journal, 497 US 1 (U.S. Supreme Court, 1990), 20.

BOX 19. European Court of Human Rights: Tolerating Statements of Opinion

The European Court of Human Rights has signaled a high degree of tol-erance in relation to statements of opinion, although it has not gone quiteso far as to protect them absolutely. In the case of Dichand and others v.Austria, for example, at issue was a national decision holding the appli-cant liable in defamation for an article alleging that a national politicianwho also practiced as a lawyer had proposed legislation in parliament inorder to serve the needs of his private clients. The European Court heldthat the statements were protected by the guarantee of freedom of expres-sion even though there were no underlying facts to sustain them and verystrong language had been used.1 The Court also reiterated its long-standing view that no one should be required to prove the truth of anopinion: “The requirement to prove the truth of a value judgment isimpossible to fulfil and infringes freedom of opinion itself, which is afundamental part of the right to [freedom of expression].”2

1. February 26, 2002, Application No. 29271/95.2. Dichand and others v. Austria, ibid., para. 42. See also Nikula v. Finland, March 21,2002, Application No. 31611/96 (European Court of Human Rights).

Defense of Reasonable Publication

In many countries, it is a defense to a claim of defamation regard-ing a statement on a matter of public interest to show that it wasreasonable in all the circumstances for the defendant to have dis-seminated the statement, even if that statement has been shown tobe false.

An increasing number of jurisdictions are recognizing a “reasonable-ness” defense—or an analogous defense based on the ideas of “duediligence,” “good faith,” or an absence of malice—due to the harshnature of traditional strict liability rules whereby defendants were li-able whenever they disseminated false statements, or statements thatthey could not prove to be true in a court of law. The traditional ruleis particularly unfair for the media and other social commentators,which are under a duty to satisfy the public’s right to know and oftencannot wait until they are absolutely sure that every fact alleged istrue before they publish or broadcast a story. Even the best journalistsmake honest mistakes, and to leave them open to punishment forevery false allegation would be to undermine the public interest in re-ceiving timely information. This is often particularly true in cases in-volving allegations of wrongdoing, given that such contexts are,almost by definition, characterized by secrecy, making such allega-tions hard to prove to court standards. Furthermore, journalists may


BOX 20. Germany: Some Greater Protection for Opinions

The German Federal Constitutional Court, in a case involving allegationsthat someone had been involved in Nazi activities in Poland during theSecond World War, found that:

The flyer distributed by the complainant contained facts and personal opin-ions which were determined to be and capable of creating opinions.1

Opinions received greater protection under the constitutional guar-antee of freedom of expression in the context of a defamation case thanstatements of fact. The lower courts had failed to take this into accountand thus breached the right to freedom of expression.

1. Bundesverfassungsgericht (German Federal Constitutional Court), BVerfGE 43,130, 1 BvR 460/72 of December 7, 1976, p. 137.

rely on confidential sources of information, which professional ethicsprevent them from using to defend themselves in court.

A more appropriate balance between the right to freedom of expression and reputations is to protect those who have acted rea-sonably, in good faith, or without malice, while allowing plaintiffs tosue those who have not. In determining whether dissemination wasreasonable in the circumstances of a particular case, courts have con-sidered the importance of freedom of expression with respect to mat-ters of public concern and the right of the public to receive timelyinformation relating to such matters. For the media, acting in accor-dance with accepted professional standards should normally satisfya reasonableness test.

Different jurisdictions have taken different approaches on thisissue, both as to the standard to be applied and the breadth of theprotection.

Perhaps the strongest standard in terms of defending freedom ofexpression was established by the U.S. Supreme Court in the NewYork Times Co. v. Sullivan case. In that case, the impugned statementscontained factual errors. However, as “erroneous statement is in-evitable in free debate,” the Court ruled that a public official could


BOX 21. The Need for a Good Faith Defense

A case from Thailand illustrates the importance of this defense. In thatcase, an NGO activist, Supinya Klangnarong, made statements that werequoted in a local newspaper to the effect that, as prime minister, Thaksinhad adopted policies that helped Shin Corp grow and that this growth, inturn, helped Thaksin’s Thai Rak Thai party. Shin Corp was founded byThaksin and, when he was elected prime minister, he divested his sharesto family members. Shin Corp sued Supinya for both criminal and civildefamation.

Thai law provides for a defense for a good faith and fair commentupon any person or thing that should be subject to public criticism. TheCourt held that the matter was one of general public interest due to thenature of Shin Corp as a “national resource” (as well as a major corpora-tion) and the prime minister’s close links to it. Supinya had acted reason-ably and in good faith in making the statements, which were notmotivated by malice. As a result, she was held to be innocent in the crim-inal case, and the civil case against her was dropped. Absent the goodfaith defense, there would have been a much greater likelihood ofSupinya being convicted.

only recover damages if he or she could prove “the statement wasmade with ‘actual malice’—that is, with knowledge that it was falseor with reckless disregard for whether it was false or not.”19

The “malice standard” was adopted in a decision of the SupremeCourt of Argentinean Justice on November 12, 1996,20 in acquittingthe defendant of charges of defamation. The court stated:

This Court adopted the standard jurisprudential created bythe Supreme Court of the United States in the case New YorkTimes vs. Sullivan (376 U.S. 255; 1964) that has been given incalling the doctrine of the real malice and whose objective isto offer a reasonable balance among the function of the pressand the individual rights that had been affected by prejudi-cial comments to public officials, public figures and evenmatters that had intervened in questions of public interest,object of the information or of the chronicle.

Courts in Australia, South Africa, and the UK have instead opted forwhat might be termed a reasonable publication rule. In Lange v.Australian Broadcasting Corporation, the Australian High Court heldthat political communications were covered by the defense of quali-fied privilege. This could be defeated, however, where the defendantfailed to meet a standard “of reasonableness . . . which goes beyondmere honesty.” In Australia, the onus is on the defendant to provereasonableness.21

Civil law jurisdictions often opt for a defense based on good faith,as in the Thai case noted previously. A similar rule applies in Frenchdefamation law, where it is a defense to show that one acted in goodfaith, at least where the goal is to inform the public. In a 1997 case, theCour de Cassation, the highest appellate court, upheld this principleand reaffirmed that the notion of reporting in the public interest is abroad one.22


19New York Times Co. v. Sullivan, 376 US 254, 279 (1964), 279–280.20Available at: http://www.legalmania.com/rincon_estudiantes/el_rincon/morales_sola.htm.21(1997) 71 ALJR 818, 832-3.22X v. Y and others, 15 January 1997, Cour de Cassation—Deuxiéme chamber civile, no. 94-19.767.

RedressThe overriding goal of providing a remedy for defamatory state-ments is to redress the harm done to the reputation of the plaintiff,not to punish those responsible for the dissemination of the state-ment. As a result, remedies or sanctions for defamation should beproportionate to the harm done.

International law requires remedies or sanctions, like the restric-tions from which they flow, to be proportionate. Excessive sanctions,on their own, may represent a breach of the right to freedom of ex-pression due to the disproportionate chilling effect they exert and thefact that they can significantly limit the free flow of information andideas. This impact is felt not only by the party to whom the sanctionsapply but also the broader community, as individuals will steer wellclear of the potential zone of liability to ensure that they do not ex-pose themselves to a risk of attracting these harsh sanctions.

Nonpecuniary remedies—such as a right of correction—are ofteneffective in terms of redressing harm to reputation and yet are less


BOX 22. International Standards on Sanctions

In the case of Tolstoy Miloslavsky v. the United Kingdom, the European Courtof Human Rights stated that “the award of damages and the injunctionclearly constitute an interference with the exercise [of the] right to free-dom of expression.” Even though it was accepted that the statements inquestion were highly defamatory, sanctions must bear a “reasonable re-lationship of proportionality to the injury to reputation suffered” and thisshould be specified in national defamation laws.1

The African Commission on Human and Peoples’ Rights recentlyadopted a Declaration of Principles on Freedom of Expression in Africa.Principle XII of the Declaration, entitled “Protecting Reputations,” states,in part:

1. States should ensure that their laws relating to defamation conformto the following standards:. . .• sanctions shall never be so severe as to inhibit the right to freedom

of expression, including by others.2

1. July 13, 1995, Application No. 18139/91, para. 49.2. Adopted by the African Commission on Human and Peoples’ Rights at its 32ndSession, October 17–23, 2002.

intrusive from the perspective of freedom of expression than finan-cial awards; courts should, as a result, prioritize their use. Further-more, courts should, when assessing legal remedies, also take intoaccount any voluntary or self-regulatory remedies that may havebeen provided in redressing any harm to reputation. In a Declarationon Freedom of Political Debate in the Media, the Committee of Ministersof the Council of Europe stressed the need for sanctions both to beproportionate and to take into account any other remedies provided:

Damages and fines for defamation or insult must bear a rea-sonable relationship of proportionality to the violation of therights or reputation of others, taking into consideration anypossible effective and adequate voluntary remedies.23

Many countries provide for a right of reply and/or correction for at-tacks on reputation. At the same time, unduly broad rights of reply oran obligation to apologize may themselves represent a breach of theright to freedom of expression. (See Box 23 for an example.)


23Adopted February 12, 2004.

BOX 23. Korea: Notice of Apology a Breach of the Right to Freedom of Opinion

Article 764 of the Korean Civil Code authorizes courts, upon the applica-tion of the plaintiff, to order the defendant “to take suitable measures” torestore the defamed party’s reputation, “either in lieu of or together withdamages.” Courts have recognized a requirement to publish an apologyas one such suitable measure. In a 1991 case, the constitutional court ruledthat this was a breach of the right to freedom of opinion, stating:

A notice of apology compels a person to make a humiliating public expres-sion in the mass media like newspapers, magazines, etc. This is a violation ofhis freedom of conscience. Although the contents of the apology are specifi-cally dictated by the State authorities in the course of the judicial proceedings,the public apparently views them as a voluntary expression of opinion.1

1. 3 KCCR [Korean Constitutional Court Report] 139, 89 Hun-Ma 160. The FirstTen Years of the Korean Constitutional Court (English) 138 (2001), Press Arbitra-tion Quarterly 162 (summer 1991), 1991, p. 164.

Content Rules and Limits to Free Speech7C

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IntroductionIn order to protect various public or private interests, countriesaround the world impose a wide range of restrictions on the contentof what may be published or broadcast. In this chapter, a number of


• Restrictions may be imposed on freedom of expression to protectnational security/public order, but these should be carefully andnarrowly drawn so that they only prohibit expression that poses a se-rious risk of imminent and substantial harm to a legitimate nationalsecurity/public order interest.

• International law requires states to prohibit advocacy of hatred thatconstitutes incitement to discrimination, hostility, or violence (Inter-national Convention for Civil and Political Rights [CCPR], Article20(2)) but this does not include true statements or statements that,while offensive, do not constitute incitement.

• Restrictions on obscene materials should apply only to material thateither depicts a criminal act or that poses a serious and direct risk ofharm, for example to children.

• Restrictions on freedom of expression to protect the impartiality andfairness of the system of justice should be carefully drawn so as notto protect judges against legitimate criticism or prevent open publicdiscussion about the administration of justice.

• Blanket bans on the publication of false material, simply because it isinaccurate, are illegitimate.

• Political expression is at the heart of the guarantee of freedom ofexpression and should receive particular protection.

• It is especially important to protect political expression duringelections, and effective measures should be taken to ensure that theelectorate is informed about both how to vote and the various issuesat stake in the election.

the more common content restrictions are outlined. Under interna-tional law, all of these are recognized as legitimate grounds for re-stricting freedom of expression. At the same time, all may, if notclearly and narrowly drawn, be abused to limit the free flow of infor-mation and ideas in the public interest.

Constitutionally Authorized Limitations on the Right to Freedom of Expression

Restrictions to freedom of expression must be subject to certain lim-its if the guarantee of freedom of expression is to be effective. Underinternational law, restrictions must meet a stringent three-part test


BOX 24. International Standards: The Three-Part Test

Article 19(3) of the International Covenant on Civil and Political Rights(ICCPR) allows for restrictions on freedom of expression in the followingterms:

The exercise of the rights provided for in paragraph 2 of this article carrieswith it special duties and responsibilities. It may therefore be subject to cer-tain restrictions, but these shall only be such as are provided by law and arenecessary:(a) For respect of the rights or reputations of others;(b) For the protection of national security or of public order (ordre public),

or of public health or morals.

A similar formulation is found in the European and American regionalhuman rights treaties. These have been interpreted as requiring restric-tions to meet the strict three-part test elaborated subsequently.International jurisprudence makes it clear that this test presents a highstandard that any interference in freedom of expression must overcome.

First, the interference must be provided for by law. This requirementwill be fulfilled only where the law is accessible and formulated with suf-ficient precision for the citizens to be able to regulate their conductaccordingly. Second, the interference must pursue a legitimate aim. Thelist of aims in Article 19(3) of the ICCPR is exclusive in the sense that noother aims are considered legitimate as grounds for restricting freedom ofexpression. Third, the restriction must be necessary to secure one of thoseaims. The word necessary means that there must be a “pressing socialneed” for the restriction. The reasons given by the state to justify therestriction must be “relevant and sufficient” and the restriction must beproportionate to the aim pursued.

that requires them to be explicitly provided by law, to pursue alegitimate aim, and to be no more restrictive than necessary toprotect that aim.

The question of the scope of restrictions on freedom of expression iscentral to the question of how effectively this key right is guaranteed:If unduly broad restrictions are permitted, the right will be under-mined. At a minimum, the constitution should provide a clear frame-work for restrictions that ensures an appropriate balance betweenfreedom of expression and other public and private interests. A clearframework for exceptions will facilitate media regulation in the pub-lic interest by helping to draw the line between what constitutes legit-imate public interest regulation and what is excessive interferencewith media freedom.

Ideally, the constitution should set clear limits on when and howordinary legislative restrictions on freedom of expression will be le-gitimate. For example, Article 39(2) of the constitution of Thailandprovides for restrictions on freedom of expression as follows:

The restriction on liberty under paragraph one shall not beimposed except by virtue of the provisions of the law specif-ically enacted for the purpose of maintaining the security ofthe state, safeguarding the rights, liberties, dignity, reputa-tion, family or privacy rights of other persons, maintainingpublic order or good morals or preventing the deteriorationof the mind or health of the public.

South Africa too covers the issue: The constitution states in chapter 2,section 36:

(1) The rights in the Bill of Rights may be limited only in termsof law of general application to the extent that the limita-tion is reasonable and justifiable in an open and democraticsociety based on human dignity, equality and freedom,taking into account all relevant factors including—(a) the nature of the right;(b) the importance of the purpose of the limitation;(c) the nature and extent of the limitation;(d) the relation between the limitation and its purpose; and(e) less restrictive means to achieve the purpose.

(2) Except as provided in subsection (1) or in any otherprovision of the Constitution, no law may limit any rightentrenched in the Bill of Rights.

Content Rules and Limits to Free Speech 125

In practice, the constitutional court has interpreted this so as topermit only very limited restrictions on the right to freedom ofexpression

General Principles of Content RestrictionsSome general principles regarding content restrictions may be de-rived from international and good practice national jurisprudence.First, prior restraints or prior censorship, whereby material isreviewed by a controlling body before it is disseminated, while notabsolutely forbidden under international law, are regarded with agreat deal of suspicion, due to their highly intrusive nature and theobvious opportunity for abuse that they represent. The Inter-AmericanConvention on Human Rights, for example, prohibits all prior cen-sorship except where this is aimed at protecting children.1 In practice,systems of prior restraint are applied increasingly rarely in democra-cies, and never to the media.

Second, as noted previously in relation to defamation, it is widelyrecognized that political speech, due to its importance as an underpin-ning of democracy, deserves special protection. International courtshave made it clear that they are not prepared to allow states much lat-itude in terms of the interpretation and application of restrictions onpolitical speech. The European Court of Human Rights, for example,allows states a “margin of appreciation” in the interpretation of rights.This margin, however, is very narrow in relation to political speech.2

Third, restrictions that are overly broad in the sense that they cap-ture not only the offending expression but also legitimate speech willfail to pass muster under the necessity part of the test for restrictions.States have an obligation, when pursuing legitimate aims, to give dueregard to the right to freedom of expression by tailoring restrictionsas narrowly as possible.

Fourth, it is a fundamental principle of criminal law, based on thepresumption of innocence, that mere commission of a criminal act isnot enough for conviction; instead, the act must be accompanied by amental element of will so that there is mental, as well as physical,


1Article 13(4).2See, for example, Refah Partisi and others v. Turkey, Application Nos. 41340/98, 41342/98,41343/98, and 41344/98 (February 13, 2003), para. 81.

guilt. Any crimes of expression should respect this fundamentalcriminal rule.

Fifth, as noted previously in relation to defamation, excessivesanctions, even where some sanction is warranted, represent anindependent breach of the right to freedom of expression, given thechilling effect they exert. In particular, individuals will steer wellclear of the actual zone of prohibited speech to avoid unduly harshsanctions, so that the effect is analogous to an overbroad restriction.

National Security/Public OrderRestrictions may be imposed on freedom of expression to protectnational security/public order, but these should be carefully andnarrowly drawn so that they only prohibit expression that poses aserious risk of imminent and substantial harm to a legitimatenational security/public order interest.

As with all restrictions on freedom of expression, restrictions in thename of national security/public order are permitted under interna-tional law only if they can be shown to be necessary to protect a legitimate interest. Although security and public order are social in-terests of the highest order, without which all rights are at risk, theyare at the same time almost impossible to define precisely and arehence inherently susceptible to abuse.

Public oversight is crucial to ensuring sensible policy-makingand decision making, specifically in relation to national security.

International jurisprudence has established a number of prin-ciples relating to national security/public order. First, courts haveconsistently ruled out unduly broad restrictions on freedom ofexpression in the name of national security or public order. It is notlegitimate, for example, to ban opposition party activities on groundsof public order simply because a state of emergency is in force, evenif that state of emergency is itself legitimate. Vague appeals to somepurported social interest will not suffice to justify national securityrestrictions on freedom of expression. In Mukong v. Cameroon, for ex-ample, the author, who was critical of the president and the govern-ment, was arrested twice under the provisions of an ordinance thatcriminalized statements “intoxicat[ing] national or international pub-lic opinion.” The UN Human Rights Committee found a breach of the


right to freedom of expression, noting that even in “difficult politicalcircumstances,” a law like this could not be justified and was a threatto “multi-party democracy, democratic tenets and human rights.”3

Second, the onus rests on the state imposing the restriction to jus-tify it as legitimate. This is true of all restrictions on freedom of ex-pression but is perhaps particularly relevant in relation to nationalsecurity/public order restrictions, given their almost inherentlybroad nature. Courts have required states to show that a restriction isnecessary to avoid a particular threat to a specific legitimate nationalsecurity/public order interest, rather than simply to allege that alegitimate interest is at risk.4


3Communication No. 44/1979, views adopted March 27, 1981, para. 9.7.4See Laptsevich v. Belarus, Communication No. 780/1997 (UN Human Rights Committee)(March 20, 2000), para. 8.

BOX 25. Abuse of National Security/Public Order Rules

The abuse of national security and public order laws by the powerful tosilence minorities, those espousing unpopular political causes, or just crit-ical voices is a very serious problem around the world. In Malaysia, forexample, arrests under the Sedition Act of 1948 are commonly used forpolitical purposes. The popular online newspaper, Malaysiakini, famousfor its independent reporting, was raided by the Malaysian police onJanuary 20, 2003, and nineteen computers, including four servers, wereseized for allegedly being in breach of the Sedition Act. Its crime was topublish a letter that satirized nationalist policies in favor of ethnic Malays,through a comparison with the United States, on the basis that this couldcause racial disharmony.

Similarly, Article 7(1) of the South Korean National Security Act of1980 provided, in part, that any person who, with the knowledge that hemight endanger the existence or security of the state, praised, encour-aged, propagandized, or sided with the activities of an anti-state organi-zation committed an offense punishable by imprisonment of up to sevenyears. In finding these provisions unconstitutional, the constitutionalcourt noted:

[I]f criticism of the government and its leader happens to parallel what NorthKorea claims, it may fall within the crime of praising and encouraging NorthKorea. Also, if an individual is aware that criticism of the South Korean gov-ernment’s policy can be used by North Korea for its propaganda, he or shecan be punished for benefiting the enemy.

Third, information that is already in the public domain may notbe restricted on alleged grounds of national security/public order.The reason for this is fairly obvious: if the information is alreadyavailable, further distribution of it may cause embarrassment but cannotendanger national security/public order. This is particularly relevantin the Internet era, where information published anywhere is easilyaccessible to people everywhere. In the Spycatcher case before theEuropean Court of Human Rights, at issue were injunctions againstreprinted passages from the unauthorized memoirs of a former mem-ber of the British security service, which had already been publishedin the United States. The court held that to continue to restrict publi-cation, once the materials were effectively available to UK audiences,was illegitimate.5

Finally, and most importantly, courts have upheld restrictions onfreedom of expression to protect national security/public orderinterests only where there is a close nexus between the particularexpression and the risk of harm to those interests. The idea is to mit-igate the inherently vague and general nature of the concepts ofnational security and public order. Requiring a close nexus betweenthe expression and the risk is a means of concretizing the matter andavoiding vague appeals to some unspecified national security interest.

Hate Speech

International law requires states to prohibit advocacy of hatred thatconstitutes incitement to discrimination, hostility or violence(ICCPR, Article 20[2]). However, true statements or statementswhich, while offensive, do not constitute incitement are not covered.

The right of a person to express him- or herself may conflict with therights to equality and nondiscrimination. As a result, international lawrecognizes that expression that constitutes incitement to discrimination,hostility, or violence through advocacy of national, racial, or religioushatred should be prohibited. At the same time, the role of freedom of ex-pression in safeguarding the exercise of other rights, including the rightto equality and nondiscrimination, has been recognized.


5The Observer and Guardian v. UK and the Sunday Times v. UK (No. 2), Application No. 13585/88 (November 26, 1991).


As with all restrictions on content, overly broad or vague hatespeech laws may be abused. They have, in particular, been used totarget, rather than defend, minorities; to deny them voice; and to un-dermine their ability to participate in the political process. A clear ex-ample of this is the case of Incal v. Turkey, where the applicant wasconvicted in Turkey of hate speech for protesting, in strong terms,against official measures he believed were aimed at oppressing the

BOX 26. National Standards on Incitement

A French case involved a claim that some pornographic cartoons depict-ing Jesus Christ, the pope, and priests in various compromising situationsconstituted hate speech and/or incitement to violence against Catholics.The Cour de Cassation rejected the appeal in part on the ground that thecartoons, although insulting, contained no incitement to hatred or vio-lence against any ethnic or religious group.1

In the leading Canadian case, R. v. Keegstra,2 the supreme court up-held a criminal provision that “prohibited the wilful promotion of hatred,other than in private conversation, towards any section of the public dis-tinguished by colour, race, religion or ethnic origin.” The court stressed anumber of factors in upholding this rule. First, the term wilful posed asubstantial barrier to conviction, requiring proof that the “accused sub-jectively desires the promotion of hatred or foresees such a consequenceas certain or substantially certain to result. . . .” Further: “The hate-monger must intend or foresee as substantially certain a direct and activestimulation of hatred against an identifiable group.”

Second, the term hatred was an extreme term:

Hatred is predicated on destruction, and hatred against identifiable groupsand therefore thrives on insensitivity, bigotry and destruction of both the tar-get group and of the values of our society. Hatred in this sense is a most ex-treme emotion that belies reason; an emotion that, if exercised againstmembers of an identifiable group, implies that those individuals are to be de-spised, scorned, denied respect and made subject to ill-treatment on the basisof group affiliation.

Finally, the impugned provision included a number of defenses, in-cluding that the statements were true, that they were a good faith attemptto express an opinion on a religious subject, that the statements were rel-evant to a matter of public interest and the accused reasonably believedthem to be true, and that, in good faith, the accused intended to point out,for purposes of removal, matters tending to produce feelings of hatred.

1. Arrêt no. 242 du 8 mars 2001, Cour de Cassation—Deuxième chambre civil.2. [1990] 3 S.C.R. 697.

Kurds. The European Court of Human Rights recognized that theimpugned statements appealed to Kurds, urging them to band to-gether to defend their rights. But it held that there was nothing in thetext that incited to “violence, hostility or hatred between citizens.”6

Courts have also refused to tell journalists how to do their job,respecting their right to decide how best to communicate informationand ideas to the public, including when they are reporting on racismand intolerance. This may include reporting the racist statements ofothers, for example, to illustrate that such views exist within society.This was at issue in the Jersild case, where a journalist was convictedin Denmark for a television program that included statements byracist extremists. The European Court of Human Rights held thatthe applicant had acted with a view to exposing the problem ofracism and to generating public debate and, as such, should not beheld liable.7

Obscenity

Restrictions on obscene materials should apply only to materialthat either depicts a criminal act or that poses a serious and directrisk of harm, for example, to children.

Although infrequently the subject of political abuse, laws restrictingthe portrayal of sexual material do have relevance to cultural issuesand equality concerns. Sexual minorities, for example, have been tar-geted by obscenity laws, undermining their ability to participate asequals in society.

Historically, courts in many countries have defined obscenity byreference to community standards, but the clear trend in this area istoward more permissive rules, which take into account globalizationand the revolution in access to information, including sexually ex-plicit material, occasioned by the Internet. At the same time, interna-tional courts tend to award a margin of appreciation to individualstates to address obscenity concerns rather than attempting to laydown clear, universally binding norms in this area. In Müller and


6Application No. 22678/93 (June 9, 1998), para. 50.7Application No. 15890/89 (September 1994).

others v. Switzerland, a case involving sanctions under an obscenitylaw, the European Court stated:

State authorities are in principle in a better position than theinternational judge to give an opinion on the exact content of[moral requirements].8

Courts have, while accepting that the definition of obscenity shouldbe judged by community standards, also placed some limits on theimplications of this.

Many countries impose restrictions on the display and sale ofpornography, with a view to protecting children. Self-regulatory ap-proaches and systems for informing readers/viewers in advance of thepotentially offensive nature of the material are also commonlyemployed. For example, many countries require films and videos toprovide a rating to indicate to audiences what sort of material,including sexual material, they contain. Such a system may either be


8May 24, 1988, Application no. 10737/84, para. 35.

BOX 27. National Courts’ Definitions of Obscenity

The Canadian Supreme Court, in R. v. Butler, noted that in assessingwhether something was obscene, it “is the standards of the community asa whole which must be considered and not the standards of a small seg-ment of that community.” Only material that unduly exploits sexual ma-terial may be deemed to be obscene. Furthermore: “Even material whichby itself offends community standards will not be considered ‘undue,’ ifit is required for the serious treatment of a theme.”1

An analogous approach, taken by the South Korean ConstitutionalCourt, is to distinguish between obscene material and less extreme formsof sexually explicit material. The court has distinguished betweenobscene material and material that is simply indecent:

Obscenity is a sexually blatant and undisguised expression that distorts hu-man dignity or humanity. It only appeals to prurient interests and, if taken asa whole, does not possess any literary, artistic, scientific, or political value.Obscenity not only undermines the healthy societal morality on sex, but itsharmful impact is also difficult to eliminate through the open competition ofideas. Accordingly, obscene expression, if strictly interpreted as suggestedhere, is not within the area of constitutionally protected speech or press.2

1. R. v. Butler, [1992] 1 SCR 452, pp. 477, 485.2. 10-1 KCCR 327, 95 Hun-Ka 16, The First Ten Years of the Korean ConstitutionalCourt.

self-regulatory or overseen by an independent administrative body. Theidea is that this allows viewers to decide for themselves whether or notthey wish to view the material. The rules governing broadcasters mayalso address sexual content, for example, by limiting programming con-taining such content to times when the youth do not generally watch TV.

Protection of the Administration of JusticeRestrictions on freedom of expression to protect the impartialityand fairness of the system of justice should be carefully drawn so asnot to protect judges against legitimate criticism or prevent openpublic discussion about the administration of justice.

International law recognizes two legitimate goals pursuant to whichrestrictions on freedom of expression may be justified by reference tothe administration of justice, namely protecting the impartiality and


BOX 28. India: Obscene Material

The Indian Supreme Court adverted to community standards in SamareshBose v. Amal Mitra, which assessed the legitimacy of a law prohibiting thedistribution of “obscene” material defined as that which is “lascivious orappeals to the prurient interest or its effect . . . is, if taken as a whole, suchas to tend to deprave and corrupt persons who are likely, having regardto all relevant circumstances, to read, see or hear the matter contained orembodied in it.”1 The court held: “[T]he concept of obscenity is mouldedto a very great extent by the social outlook of the people who are gener-ally expected to read the book. It is beyond dispute that the concept of ob-scenity usually differs from country to country. . . .”2 However, the courtalso placed some parameters of the notion of community standards: “Ourstandards must be so framed that we are not reduced to a level where theprotection of the least capable and the most depraved amongst us deter-mines what the morally healthy cannot view or read.”

In the Bose case, the Indian Supreme Court held that the book beforeit was not obscene, in part because, “[i]f we place ourselves in the posi-tion of readers, who are likely to read this book . . . we do not think thatany reader on reading this book would become depraved, debased and en-couraged to lasciviousness” (emphasis added). In the absence of a stronglikelihood that exposure to the allegedly obscene material would actuallyresult in the harms that the law was designed to prevent, the court couldnot conclude that the material before it was obscene.

1. Samaresh Bose & Another v. Amal Mitra & Another [1986] AIR 967.2. K.A. Abbas v. Union of India, [1971] AIR (SC) 481.

the authority of the judicial system. The first relates to the need forfairness within the judicial system and would be undermined by suchthings as intimidation of witnesses, biasing of judges and jurors, pro-tection of litigants and other participants, and the like. The secondrelates to acceptance by society of the courts as the final arbiters ofdisputes. If this is not accepted, individuals may seek to resolve dis-putes in other, potentially illegal, ways.

These are undoubtedly important goals, worthy of some protec-tion. At the same time, historically, judges have been unduly solici-tous of them and too ready to condemn legitimate criticism of judgesand courts, leading the UK Privy Council to declare:

Justice is not a cloistered virtue: she must be allowed to suf-fer the scrutiny and the respectful even though outspokencomments of ordinary men.9


9Ambard v. Attorney-General for Trinidad and Tobago, AC 322 (1936), 335.

BOX 29. Abuse of the Rules

In August 1999, Kenyan editor Tony Gachoka was jailed for six monthsfor claiming in his publication, the Post on Sunday, that the chief justiceand other senior judges had accepted a huge bribe in exchange for inter-fering in the course of justice to favor a local tycoon. Gachoka was, fur-thermore, tried directly and at the first instance by the court of appeal, thehighest court in Kenya, which had the effect of denying him any oppor-tunity to appeal against his conviction, contrary to international humanrights guarantees. It also had the effect of ensuring that his case was heardby the very judges Gachoka had accused of corruption.

A study by the International Bar Association (IBA), for example,found that while the Malaysian courts operated impartially in commer-cial cases, they were subject to significant interference in more politicalcases, including cases involving freedom of expression.1 Legal limitationson criticizing the judiciary in Malaysia are notorious, a point noted clearlyin the IBA report.2

1. See Justice in Jeopardy: Malaysia in 2000 (London: Human Rights Institute, Inter-national Bar Association, 2000), available at: http://archive.ibanet.org/general/FindDocuments.asp.2. See, for example, Murray Hiebert v. Chandra Sri Ram, [1999] 4 MLJ 321, in whichHiebert, a reporter for the Far Eastern Economic Review, was jailed for six weeks forsuggesting that a case brought by the wife of an appeals court judge movedthrough the system unusually quickly.

Furthermore, public oversight of the judiciary, a public institution, isparticularly important to democracy. It can serve to root out corrup-tion and incompetence. Equally importantly, it can serve to protectthe independence and impartiality of the judiciary, a fundamentalunderpinning of both the rule of law and protection of all humanrights, including freedom of expression.


BOX 30. South Africa: Prohibitions on Criticizing Judges

In S v. Mamabolo,1 the Constitutional Court of South Africa consideredboth the standards and the procedure applicable to prohibitions on criti-cizing judges. Given the constitutional importance of both the indepen-dence of the judiciary and freedom of expression, the court declined tohold that the offense was unconstitutional per se. However, the traditionalstandard, based on a tendency to bring the judiciary into contempt, wasno longer appropriate. The court noted that it was of the greatest impor-tance that the public be able to “discuss, endorse, criticise, applaud or cas-tigate the conduct of their courts. And, ultimately, such free and frankdebate about judicial proceedings serves more than one vital public pur-pose. Self-evidently such informed and vocal public scrutiny promotesimpartiality, accessibility and effectiveness, three of the important aspira-tional attributes prescribed for the judiciary by the Constitution.”2

The “tendency to harm” test should be replaced by one based on theeffect of the statement judged objectively:

The threshold for a conviction on a charge of scandalising the court is noweven higher than before the super-imposition of constitutional values on com-mon law principles; and prosecutions are likely to be instituted only in clearcases of impeachment of judicial integrity. . . . . Ultimately the test is whetherthe offending conduct, viewed contextually, really was likely to damage theadministration of justice.3

With regard to procedure, the court considered that where the case inquestion had already been decided, “there is no pressing need for firm orswift measures to preserve the integrity of the judicial process.” The courtheld that “it is inherently inappropriate for a court of law, the constitu-tionally designated primary protector of personal rights and freedoms,”to employ a summary procedure save where ordinary prosecution at theinstance of the prosecuting authority is impossible or highly undesirable.4

1. 2001 (3) SA 409 (CC); 2001 (5) BCLR 449 (CC).2. Ibid., paras. 29–30.3. Ibid., para. 45.4. Ibid., para. 57.

Restrictions designed to serve the first goal just noted, theimpartiality of the judiciary, fall into two main categories. First, gen-eral limits may be imposed on reporting on proceedings that are subjudice, or ongoing before the courts. Courts have held that this shouldonly be done where the material in question poses a serious risk ofactual prejudice to an ongoing case. In assessing that risk, judges arepresumed not to be susceptible to being swayed by media reporting,given their professional training.10

The second goal noted previously, maintaining the authority ofthe judiciary, is increasingly contentious. Some countries still imposerestrictions on criticism of judges and courts, on the basis that theseare considered necessary to maintain the authority of the judiciary. Inmany countries, however, the possibility of conviction on this basishas either been formally repealed or defined so narrowly that it hasfallen into disuse. In these countries, such restrictions are not consid-ered necessary; the judiciary as an institution have proven them-selves to be above unjustified criticism and do not need legalrestrictions of this sort to maintain their status.

False News

Blanket bans on the publication of false material, simply because itis inaccurate, are illegitimate.

It is well established that guarantees of freedom of expression protectincorrect, as well as correct, statements. In many circumstances,the truth is a contested matter, and prohibitions on publishing falsenews may be abused in an attempt to suppress unwanted allega-tions, whether or not they are true. For example, in January 1999,the Standard newspaper in Zimbabwe published an article about acoup attempt within the Zimbabwe National Army, citing “highly-placed sources within the military” as sources. The author and editorwere detained by the military and later charged with disseminatingfalse news.11


10See Vine Products Ltd. v. MacKenzie & Co. Ltd., 3 All ER 58 (1965), 62.11The Supreme Court of Zimbabwe later struck down the false news provision underwhich they were charged. See Chavunduka & Choto v. Minister of Home Affairs & AttorneyGeneral, Judgment No. S.C. 36/2000, Civil Application No. 156/99 (May 22, 2000).

Inaccurate statements, by themselves, are unlikely to cause anytangible harm to society. Harms that may result from false state-ments, such as defamation or a risk of public disorder, may be ad-dressed through restrictions specifically tailored to address theseharms. There is, therefore, no need for a general prohibition on in-correct statements. On the other hand, banning false statements perse exerts a significant chilling effect on freedom of expression.


BOX 31. Protection for Inaccurate Statements

Principle 7 of the Inter-American Declaration of Principles on Freedom ofExpression explicitly recognizes that false statements are prima facie cov-ered by the guarantee of freedom of expression:

Prior conditioning of expressions, such as truthfulness, timeliness, or impar-tiality, is incompatible with the right to freedom of expression recognized ininternational instruments.1

The Peruvian Constitutional Tribunal has held that the right to freedomof expression covers inaccurate statements. A bank brought a case alleg-ing that a radio station, by disseminating false statements, had caused fi-nancial panic in the population. The court refused to intervene, sayingthat this would breach the radio’s rights. The plaintiff retained his rightto seek a rectification of the information or to bring a civil case, for ex-ample in defamation.2

In a 2004 decision, the Ugandan Supreme Court struck down thecriminal offense of publishing false news. In doing so, it noted:

[T]he right to freedom of expression extends to holding, receiving and im-parting all forms of opinions, ideas and information. It is not confined to cat-egories, such as correct opinions, sound ideas or truthful information . . . [A]person’s expression or statement is not precluded from the constitutionalprotection simply because it is thought by another or others to be false, erro-neous, controversial or unpleasant . . . Indeed, the protection is most relevantand required where a person’s views are opposed or objected to by society orany part thereof, as “false” or “wrong.”3

1. Adopted by the Inter-American Commission on Human Rights at its 108thRegular Session, October 19, 2000.2. San Martin’s Rural Bank of Savings and Credit v. Radio Imagen, Exp. No. 905-2001-AA/TC San Martín.3. Onyango-Obbo and Mwenda v. AG, Constitutional Appeal No. 2, 2002, February11, 2004 (not yet published).

Political Expression/Elections

Political expression is at the heart of the guarantee of freedom of ex-pression and should receive particular protection. This is especiallytrue during elections, and effective measures should be taken to en-sure that the electorate is informed about both how to vote and thevarious issues at stake in the election.

Open debate about political matters, understood broadly as mattersof public concern, is essential in a democracy and the guarantee offreedom of expression provides particular protection to political expression. Such speech lies at the heart of the media’s role as thewatchdog of government and as a facilitator of public participation


BOX 32. Chilling Effect

In 1992, the Canadian Supreme Court, in R. v. Zundel,1 struck down a falsenews provision. In its decision, it expounded at some length on the chill-ing effect of false news provisions as contrary to the constitutional guar-antee of freedom of expression:

The danger is magnified because the prohibition affects not only those caughtand prosecuted, but those who may refrain from saying what they would liketo because of the fear that they will be caught. Thus worthy minority groupsor individuals may be inhibited from saying what they desire to say for fearthat they might be prosecuted. Should an activist be prevented from saying“the rainforest of British Columbia is being destroyed” because she fearscriminal prosecution for spreading “false news” in the event that scientistsconclude and a jury accepts that the statement is false . . .?

The Judicial Committee of the Privy Council2 has similarly noted thechilling effect of a rule that penalizes any statement that is inaccurate:

[I]t was submitted that it was unobjectionable to penalise false statementsmade without taking due care to verify their accuracy. . . . [I]t would on anyview be a grave impediment to the freedom of the press if those who print, ora fortiori those who distribute, matter reflecting critically on the conduct ofpublic authorities could only do so with impunity if they could first verify theaccuracy of all statements of fact on which the criticism was based.3

1. [1992] 2 SCR 731.2. This is the final court of appeal for a number of common law countries and iscomprised of judges from the House of Lords.3. Hector v. Attorney-General of Antigua and Barbuda, [1990] 2 AC 312 (PC), p. 318.

and democratic development. In many countries, statements made inlegislative bodies benefit from absolute immunity from sanction.High levels of protection may also be afforded to statements made inthe context of an election campaign.

It may be necessary to put in place particular rules relating tofreedom of expression during elections. It is of the greatest impor-tance that the electorate understands the right to vote, as well as themodalities by which this right may be exercised. The public mediashould be under a strict obligation to be balanced and impartial dur-ing elections; it is clearly inappropriate for a publicly funded body to


BOX 33. Obligations of Balance

The Italian Constitutional Court recently upheld regulations requiring allbroadcasters to give equal time to all political parties during the electionperiod.1 Equal access during election periods was a prominent general in-terest. This obligation was analogous to requirements to carry news andchildren’s programming and could not be considered a form of expropri-ation; rather, it was a legitimate part of the licensing concession. Particu-larly in the prevailing situation in Italy, which the court held wascharacterized by significant concentration of media ownership, free com-petition of views could not ensure equal access of all perspectives and thepublic’s right to a diversity of information.

In a 1999 case,2 the High Court of Malawi found that preferentialcoverage provided to the president during the election period by the na-tional public service broadcaster violated the right of every person toequality and the right of every electoral competitor to equal access topublic media. The court noted that free and equal access to public mediais one of the prerequisites for the holding of free and fair elections. As thecourt noted:

If campaign messages are broadcast live at a presidential function, then equaltreatment means that campaign rallies of other political parties or at leastcampaign rallies of other presidential candidates be broadcast live. Thatwould give other political parties or other presidential candidates an oppor-tunity to reply to some of the matters raised. This is what equitable treatmentof political parties and elections candidates would entail.

1. Decision of the constitutional court no. 155 of April 24–May 7, 2002.2. Kafumba and others v. The Electoral Commission and Malawi Broadcasting Corpora-tion, Miscellaneous Cause Number 35 of 1999.

do otherwise. In many countries, all broadcasters are required to beimpartial and to provide equal access to all parties.

It is also important that competing parties and candidates havean adequate opportunity to put their views to the public, including,as appropriate, direct access slots on public media. Any such slotsshould be allocated on an equitable basis to all parties. Where politi-cal advertising is allowed, all media should be required to provide itto all parties on a nondiscriminatory basis to preserve a level playingfield during the elections.


Regulation of Journalists8CH

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IntroductionFew if any established democracies impose licensing or registrationrequirements on individual journalists, or mandatory systems forpromoting professional standards or entertaining complaints fromthe public, and transitional democracies are quickly moving in thisdirection as well. Promoting professionalism is achieved, instead, byprotecting the freedom of journalists to establish professional asso-ciations of their own choice, which employ a range of self-regulatorymeans for promoting high standards, including training, ethical au-diting, and setting ethical standards. As regards the latter, it is gen-erally recognized that it is both more appropriate and more effectivefor complaints to be directed at media outlets than at individual


• No conditions should be placed on who may practice journalism,and individual journalists should not be subject to either licensing orregistration requirements.

• Journalists should be free to establish professional associations oftheir own choosing.

• Journalists have a right to protect their confidential sources of infor-mation, without which the flow of information to them, and hence tothe public, would be undermined.

A right of correction/reply can provide an effective and appropriateresponse to media errors and other wrongs. However, they represent alimitation on freedom of expression and so should be clearly defined in amanner that limits the potential for abuse. A right of correction/replyrelates to a publisher, not to a journalist.

journalists since it is, after all, the publication or broadcast of the ma-terial by a media outlet that is responsible for any harm caused.

Statutory registration systems for individual journalists almost al-ways compromise independence, unduly limit access to the profession,and undermine rather than promote professionalism. Often, these sys-tems are justified on the basis that journalism is a profession and, likeother professions, needs to be regulated. Unlike other professions, suchas law and medicine, however, the practice that defines journalism,namely engaging in expressive activity, is protected as a fundamentalhuman right. Everyone has a fundamental right to express themselves,including through the media, that is, to do what journalists do.

All professions make a contribution to development, and regula-tory systems can often enhance their impact by promoting minimumprofessional standards. Journalism differs from other professions,nevertheless, insofar as journalists’ ability to contribute to develop-ment depends, in key ways, not just on their professionalism but alsoon their independence. But, as has been made clear previously, thereare important incentives for governments to abuse any regulatorysystems governing journalists precisely to undermine that indepen-dence, and those incentives play a far less important role in otherprofessions. As a result, content regulation, far from promoting pro-fessionalism, is more likely to threaten it.

As a general rule, journalists do not enjoy special rights, over andabove the rights that freedom of expression guarantees to everyone.One area where laws and courts have recognized such special rightsis in the protection of confidential sources of information. This specialrecognition is based on the role journalists play in acting as “middle-men” between sources and the general public, conveying informationof public interest disclosed by the former while protecting their iden-tity, which is a precondition for the information being provided in thefirst place.

This chapter begins by considering democracies’ approach to li-censing and registration of journalists, as well as the issue of accredi-tation. It then looks at self-regulatory systems and the role ofindependent professional and self-regulatory bodies in promotinghigher standards of journalism. Certain specific regulatory ap-proaches for individual journalists—namely, the right to protect con-fidential sources of information—are highlighted. Finally, it considersa right of reply and a right of correction as they apply to publishers.


Absence of Licensing and/or RegistrationRequirements

No conditions should be placed on who may practice journalism,and individual journalists should not be subject to either licensingor registration requirements.

It is extremely doubtful whether a licensing system could ever be aneffective means of promoting professional journalism. The possibleconditions that may be placed on who may practice journalism—requiring an individual to be of a certain age, to have a certain typeof training or to be a citizen, common licensing requirements in thosecountries which maintain such systems—simply do not provide anyassurance against poor journalism. Furthermore, it is not journalistsbut media outlets that ultimately print or broadcast information andso, as noted previously, complaints are more properly directed atthose outlets than at individual journalists.

Accreditation of journalists, whereby they are given privileged ac-cess to certain places and events with limited public capacity, raisesrather different issues than licensing or registration, although in somecases, governments have tried to dress up licensing regimes by present-ing them as accreditation schemes.1 Accreditation, in its legitimate guise,is designed to provide special access for journalists to restricted capacityplaces and events on the basis that they will, in turn, provide wideraccess for the public at large, through publication or broadcast in themedia. At the same time, accreditation schemes, like any regulatory system,can be abused. Once again, the three special mandates on freedom of ex-pression provide guidance on this stating, in their 2003 Joint Declaration:

• Accreditation schemes for journalists are appropriate onlywhere necessary to provide them with privileged access tocertain places and/or events; such schemes should be overseenby an independent body and accreditation decisions should betaken pursuant to a fair and transparent process, based onclear and nondiscriminatory criteria published in advance.

• Accreditation should never be subject to withdrawal basedonly on the content of an individual journalist’s work.

Regulation of Journalists 143

1See, for example, the Zimbabwean Access to Information and Protection of Privacy Actof 2002.


BOX 34. The Legitimacy of Licensing

International standards in this area are quite clear. A joint declaration bythe three special mandates for protecting freedom of expression—the UNSpecial Rapporteur on Freedom of Opinion and Expression, the OSCERepresentative on Freedom of the Media, and the OAS Special Rapporteuron Freedom of Expression—makes it clear that registration of journalistsis not legitimate, noting also the particular problem of registration sys-tems that allow for discretion to refuse (i.e., licensing systems).

In an advisory opinion, the Inter-American Court of Human Rightsheld that imposing a license requirement on journalists, along withconditions for membership, was a breach of the right to freedom ofexpression, stating:

The argument that licensing is a way to guarantee society objective and truth-ful information by means of codes of professional responsibility and ethics isbased on considerations of general welfare. But, in truth, as has been shown,general welfare requires the greatest possible amount of information, and it isthe full exercise of the right of expression that benefits this general welfare.1

In practice, very few if any democratic countries impose licensing oreven registration requirements on journalists. In a decision of August1997, the high court of Zambia struck down an attempt to establish astatutory body to regulate and license journalists.2 The court stressed thatstatutory licensing of journalists, as proposed in the legislation, wouldbreach the rights to freedom of expression and association:

I do not in my view consider the decision to constitute the Media Councilof Zambia to be in furtherance of . . . freedom of expression, and press free-dom in particular. . . . The decision to create the Media Council of Zambiais no doubt going to have an impact . . . on freedom of expression in thatfailure of one to affiliate himself to the Media Council of Zambia, or in theevent of breach of any moral code determined by the Council would entaillosing his status as a journalist, and with the denial of the opportunity toexpress and communicate his ideas through the media. In the light of theabove it cannot be seriously argued that the creation of the Media Associa-tion or any other regulatory body by the Government would be in further-ance of the ideal embodied in the Constitution, vis-à-vis freedom ofexpression and association.

The decision is particularly noteworthy for its extremely wide applica-tion. In effect, the court ruled that any statutory attempt to license jour-nalists would breach the right to freedom of expression, regardless of theform that attempt took.

1. Compulsory Membership in an Association Prescribed by Law for the Practice of Jour-nalism, Advisory Opinion OC-5/85 of November 13, 1985, Series A. No. 5, para. 77.2. Kasoma v. Attorney General, August 22, 1997, 95/HP/29/59.

Self-Regulation

Self-regulatory systems are the most effective means of promotingprofessional standards, and, where such systems are in place, thereis no need for statutory systems to be imposed. Where statutory sys-tems for promoting professional standards are imposed, they shouldapply to print media outlets rather than individual journalists andbe overseen by independent bodies. Journalists should be free toestablish professional associations of their own choosing.

Systems for promoting professional standards in the media are animportant way not only of protecting against harmful or inaccuratemedia reporting but also for enhancing the overall quality of mediaoutput. As such, they can contribute to building trust in the mediaand to facilitating its ability to promote participatory and equitabledevelopment. At the same time, when such systems allow officials toplay an oversight role, they can seriously undermine media inde-pendence and hence its ability to act as watch-dog of government.

Journalists’ right to establish professional bodies derives fromboth the right to freedom of association and the right to freedom ofexpression. Such bodies can play an important role in defendingfreedom of the media generally in society, as well as protecting theirindividual members.


BOX 35. The United Kingdom Accreditation System

In the United Kingdom, the UK Press Card Authority1 operates a schemefor issuing press/media cards to professional media workers. The schemewas facilitated by the London Metropolitan Police in 1992, with the co-operation of all major industry bodies, with the aims of ending the pro-liferation of press cards and of promoting agreement on a universallyrecognized press card.

The authority is made up of sixteen “gatekeepers,” all of which arenational trade unions and professional associations representing journal-ists and other media personnel covering the print and broadcast media.The gatekeepers issue cards to their members and are responsible for en-suring that the conditions are adhered to. The card is formally recognizedby all police forces in the United Kingdom and de facto by other publicbodies.

1. See http://www.presscard.uk.com/.

On the other hand, a requirement for journalists to belong to a certainprofessional or other body has been held by international courts to breachthe right to freedom of expression. Unlike other professions, everyonehas the right to practice journalism and, as with licensing systems, thisshould not be subject to formal requirements, including a requirement tobelong to a specific professional body.2 Imposing professional standardson journalists by law is oppressive, serves no legitimate aim, and is un-likely to be workable in practice. As noted previously, statutory com-plaints systems aimed at media outlets provide adequate redress, so thereis no need to extend their coverage to individual journalists.

In Indonesia, for example, journalists are free to organize them-selves into professional associations or unions. Article 7 of the 1999Indonesian Press Law, for example, states:

(1) Journalists are free to choose a journalist’s association.

(2) Journalists possess and adhere to a Journalistic Code of Ethics.3

Many journalists’ associations set professional standards for their mem-bers. In some cases, these rules are just voluntary guidelines, whereas inother cases, they are conditions of membership. The Hong Kong Jour-nalists’ Association, for example, has a Code of Ethics with some 11 sec-tions setting standards for journalists’ activities. An example is section 4:

A journalist shall rectify promptly any harmful inaccuracies,ensure that correction and apologies receive due prominenceand afford the right of reply to persons criticized when the is-sue is of sufficient importance.

For a serious breach of these standards, a journalist can ultimately beexpelled from the association, but this does not deprive the individualof the right to work as a journalist. Similar professional associationsand/or unions exist in many countries.

Protection of SourcesJournalists have a right to protect their confidential sources of in-formation, without which the flow of information to them, andhence to the public, would be undermined.


2See Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, note.3An unofficial translation of National Law of the Republic of Indonesia, no. 40/1999 onthe Press, available at: http://web.amnesty.org/library/index/engasa210442003.

The ability of the media to inform the public depends on a free flowof information to the media. Journalists often depend on others forthe supply of information on issues of public interest, including indi-viduals who come forward with secret or sensitive information,known as confidential sources. In many instances, anonymity is aprecondition of the information being conveyed from the source tothe journalist, for example, because of fear of repercussions thatmight adversely affect the source’s physical safety or job security. Ifjournalists cannot keep the identity of their sources confidential,these sources will dry up, and the journalists’ ability to report in thepublic interest will be seriously impaired.

Source protection is most closely associated with the media’s roleas watch-dog of government and other powerful social actors. Thedisclosure of information by sources to journalists acts as an impor-tant informational safety valve, helping to ensure that information ofpublic interest, particularly on wrongdoing, reaches the public. It isin precisely these situations that sources are most likely to demandprotection of the confidentiality of their identity before they are will-ing to disclose information in the first place.

Many journalists are bound by professional codes of ethics from re-vealing confidential sources. But, pursuant to international guaranteesof freedom of expression, they should also benefit from legal protectionin this area. Indeed, all those involved in a significant way in maintain-ing the flow of information to the public should benefit from this right.

In some countries, source protection is constitutionally guaran-teed. This is the case, for example, in Argentina, where Article 43(3)provides for the “secrecy of journalistic information sources.” Inother cases, the right has received statutory protection,4 while in stillother cases, national courts have based a right to protect confidentialsources of information on constitutional guarantees of freedom of ex-pression. For example, in Nigeria, the High Court of Lagos State


4In the United Kingdom, for example, section 10 of the Contempt of Court Act of 1981 pro-vides some protection against mandatory source disclosure, as follows:

No court may require a person to disclose, nor is the person guilty of contemptof court for refusing to disclose the source information contained in the publi-cation for which he is responsible, unless it is established to the satisfaction ofthe court that disclosure is necessary in the interests of justice or national secu-rity or for the prevention of disorder or crime.


BOX 36. International Standards on the Protection of SourceConfidentiality

The European Court of Human Rights clearly established the right ofjournalists to protect the confidentiality of their sources of information:

Protection of journalistic sources is one of the basic conditions for press free-dom as is reflected in the laws and professional codes of conduct in a numberof Contracting States and is affirmed in several international instruments onjournalistic freedoms. Without such protection, sources may be deterred fromassisting the press in informing the public on matters of public interest. As aresult, the vital public-watchdog role of the press may be undermined and theability of the press to provide accurate and reliable information may be ad-versely affected. Having regard to the importance of the protection of jour-nalistic sources for press freedom in a democratic society and the potentialchilling effect an order of source disclosure has on the exercise of that free-dom, such a measure cannot be compatible with Article 10 unless it is justi-fied by an overriding requirement in the public interest.1

In part due to that case, the Committee of Ministers adopted Recommen-dation R(2000)7 on the right of journalists not to disclose their sources ofinformation.2 The recommendation elaborates in some detail on thenature of this right.

Similarly, Principle 15 of the Declaration of Principles on Freedom ofExpression in Africa states:

Media practitioners shall not be required to reveal confidential sources of in-formation or to disclose other material held for journalistic purposes exceptin accordance with the following principles:

• the identity of the source is necessary for the investigation or prosecutionof a serious crime, or the defence of a person accused of a criminal offence;

• the information or similar information leading to the same result cannotbe obtained elsewhere;

• the public interest in disclosure outweighs the harm to freedom ofexpression; and

• disclosure has been ordered by a court, after a full hearing.3

The International Criminal Tribunal for Yugoslavia also recognized a specialright for war correspondents not to have to testify against their informants,based on the same principles outlined in the European Court case.4

1. Goodwin v. United Kingdom, March 27, 1996, Application No. 17488/90, para. 39.2. Adopted March 8, 2000.3. Adopted by the African Commission on Human and Peoples’ Rights at its 32ndSession, October 17–23, 2002.4. Prosecutor v. Radoslav Brdjanin & Momir Talic (“Randal Case”), InternationalCriminal Tribunal for the Former Yugoslavia, (Appeals Chamber), JL/P.I.S/715-e(December 11, 2002).

ruled that the Senate of the National Assembly had exceeded itsauthority in summoning a journalist to disclose the confidentialsources of an article he had written. In concluding that the summonshad interfered with the journalist’s right to freedom of expression asguaranteed by the constitution, the Court stated:

It is a matter of common knowledge that those who expresstheir opinions or impart ideas and information through themedium of a newspaper or any other medium for the dissem-ination of information enjoy by customary law and conven-tion a degree of confidentiality. How else is a disseminator of


BOX 37. Germany: Journalists’ Right to Confidentiality of Sources

Regulation of the press in Germany is a matter in the first instance for theLänder (states). The press laws of most Länder include a provision grant-ing journalists a right to refuse to divulge the identity of their confiden-tial sources. Article 24(1) of North Rhine Westphalia’s Press Law istypical.1 It provides:

Editors, journalists, publishers, printers and others involved in the produc-tion or publication of periodical literature in a professional capacity can re-fuse to give evidence as to the person of the author, sender or confidant of anitem published in the editorial section of the paper or communication in-tended wholly or partly for such publication or about its contents.

This provides an absolute privilege, admitting of no exceptions. Sub-paragraphs (2), (3), and (4) render evidence that discloses a confidentialsource inadmissible in court if obtained via confiscation of materials or asearch of premises unless,

[the party to whom the evidence belongs] is urgently suspected of being theperpetrator of or participant in a criminal offence.

Federal law also provides strong support for the protection of confidentialsources, especially in civil cases. Section 383 of the Civil Procedure Codeprovides that when facts are confided to persons because of their profes-sion, including journalism, these persons are entitled to refuse to give testi-mony on these facts unless their source consents to disclosure. Section 53 ofthe Criminal Procedure Code authorizes journalists to refuse to testify con-cerning the content or source of information given in confidence.

1. North Rhine Westphalia Press Law, 24 May 1966, in Pamphlet on the Press Lawof Germany, issued by the Ministry of Information (1989), p. 14. See also, Article 19,Press Law and Practice (London: Article 19, 1993), pp. 92–93.

information to operate if those who supply him with suchinformation are not assured of protection from identificationand/or disclosure?5

Similarly, the Supreme Court of Bermuda upheld the right of jour-nalists to protect confidential sources of information in a case involv-ing a journalist as a witness.6

Both international law and national practice thus recognize theimportance of protection of source confidentiality as an aspect of free-dom of expression. It may legitimately be overridden but only in lim-ited circumstances. In particular, mandatory source disclosureshould be permitted only by court order and to serve an overridinginterest, such as the right of an accused person to defend him- or her-self. Where similar information may be obtained by other means,mandatory source disclosure cannot be justified as necessary. Fur-thermore, an order for source disclosure can only be justified wherethe public interest in obtaining the information clearly outweighs theharm to freedom of expression.

Right of Correction/Reply

A right of correction/reply can provide an effective and appropriateresponse to media errors and other wrongs. However, it representsa limitation on freedom of expression and so should be clearly de-fined in a manner that limits the potential for abuse.

Both a right of correction and a right of reply are designed to promoteredress for media inaccuracies and other wrongs without the need toresort to lengthy and costly court cases. As such, they can promotemore professional standards in the media while intruding relativelylittle on media freedom. Greater professionalism, as noted previously, islikely to promote greater trust in the media and hence facilitate its abil-ity to contribute to development goals and democratic participation.

It should be noted, however, that such a right of reply refers to themedia organization as the publisher, and not to the individual jour-nalist involved.


5Tony Momoh v. Senate of the National Assembly, [1981] 1 NCLR 105.6The Bermuda Fire & Marine Insurance Company Limited (in liquidation) v. F&M Limited andOthers, Civil Jurisdiction 1995 No. 7 (Supreme Court of Bermuda).

Although they are often referred to in combination, the right ofcorrection and the right of reply are very different remedies. A rightof correction implies a right to complain of inaccuracies in the mediaand to have such complaints, where upheld, lead to the correction ofthe inaccuracies. In most cases, a quick right of correction representsan effective and appropriate means to redress any factual errors in themedia. It poses little threat to independence—since it applies only invery clear and limited circumstances and the content of the correctionis controlled by the media outlet—and yet it provides a quick andlow-cost means to resolve inaccuracies.

A right of reply, on the other hand, effectively grants a right of ac-cess to the media to make one’s own statement. As a result, it is morecontentious and open to possible abuse.7 While a right of reply maybe less onerous for the media than lengthy and expensive court pro-ceedings, advocates of media freedom generally suggest that itshould be voluntary rather than prescribed by law. In some countries,the right of reply may be claimed in a wide range of circumstancesthat do not involve any harm to the claimant. This is open to abuseand may result in the media being reluctant to engage in criticism, forfear of this leading to claims of a right of reply, and hence unableeffectively to perform its watchdog role.

International standards and national law and practice (Box 38)suggest the following conditions for any right of reply:

1. A reply should be required to be provided only in responseto statements that are false or misleading and that breach animportant interest of the claimant; a reply should not be per-mitted to be used to comment on opinions that the reader orviewer simply does not like.

2. A reply should receive similar prominence to the originalarticle or broadcast.


7The United States Supreme Court, for example, struck down a mandatory right of replyfor the print media on the grounds that it is an unconstitutional interference with the FirstAmendment right to free speech. See Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241(1974). The U.S. Supreme Court has, however, upheld a right of reply for the broadcastmedia. See Red Lion Broadcasting Co. v. Federal Communications Commission, 395 US 367(1969). No legal right of reply for print media outlets exists in countries such as Canadaand the United Kingdom.

3. A reply should be proportionate in length to the originalarticle or broadcast.

4. A reply should be restricted to addressing the incorrect or mis-leading facts in the original text and not be taken as an oppor-tunity to introduce new issues or comment on correct facts.

5. The media should not be required to carry a reply that isabusive or illegal.


BOX 38. International and Comparative Standards on theRight of Reply

A right of reply is a favored form of redress in many parts of the world.Article 14(1) of the American Convention on Human Rights, for example, ac-tually requires state parties to introduce either a right of reply or a rightof correction.1 A resolution of the Committee of Ministers of the Councilof Europe similarly supports the institution of a right of reply, setting outdetailed rules for its exercise, including that it may be overridden by acountervailing public interest.2

The Argentinean Supreme Court has held that a number of require-ments must be met before the right may become operative:

1) there must be a “substantial serious offense”;2) the offense must arise from a statement unsupported by reasonable

argument;3) in the case of “ideological interests,” the person who replies assumes

a “collective representation”; only one person, the first to reply, willhave the right to reply in the name of all those who may have beenoffended by the same statement;

4) the rectification or reply must be published in the same medium ofcommunication, in the same place and with the same prominence asthe offending statement; and

5) the space given to the reply must be adequate to its goal.3

In a later case, the same court held that the right could not be used torespond to the expression of ideas, only facts.4

1. See also Enforceability of the Right to Reply or Correction, Advisory Opinion OC-7/85, Series A, No. 7 (August 29, 1986).2. See Resolution (74) 26 on the right of reply—position of the individual in rela-tion to the press, adopted July 2, 1974.3. Ekmekdjian v. Sofovich, Fallos 315:1492 (July 7, 1992).4. Petric v. Pagina 12, Fallos 315:1492, CSJN, Supreme Court of Justice of the Nation,(April 16, 1998).

Regulation and the Government Role 153Chapter Title 153

Part I I IPromoting Plural andIndependent Broadcasting

Broadcasting, as we noted in Part I, can play a significant role in thedelivery of public service goals, not only by informing, educating, andentertaining, but also by providing a platform for the views of allpeople, facilitating participation in governance, holding leaders andofficials to account, and contributing to sustainable, equitable, andparticipatory development.

Governments cannot achieve these objectives alone. But they canintroduce specific policies tailored to create a framework for broadcast-ing that, taken as a whole, will have the capacity to produce a diverserange of high-quality services. These services should be accessible toall, serve the goals of equitable and sustainable development, and pro-mote access to information, accountability, and participation.

There is no doubt that broadcasting can be a powerful force forgood governance, but it may also serve as an instrument of social con-trol, a vehicle for the pursuit of political or sectarian interests, or evena means of fomenting conflict and war. The interwoven tensions gen-erated by competing desires to enhance accountability, retain broad-casting as an instrument of state policy, exploit the media for sectionalinterests, satisfy the demands of civil society and social movementsfor media reform, and realize the economic opportunities offered bybroadcasting underlie the different trends in broadcast policy and prac-tice throughout the world.

Part I argued that a media landscape that promotes accountabil-ity, participation, and development requires a diversity of content butalso a diversity of ownership and forms of ownership, including com-mercial, noncommercial, public, and community ownership at both thenational and local levels. Specific policy interventions, largely throughthe regulatory system, are needed to promote a multifaceted broad-casting sector that recognizes the different interests at stake and therespective merits and values of different types of broadcasting, eachwith its own distinct social, economic, and political logic.

Development of a multilayered broadcasting sector is feasible,evidenced by its historical emergence in most regions of the world,with significantly different emphases depending on the context. Its

Overview

emergence also reflects widely held aspirations among governmentsand people that this is an approach worth striving for, even if many arefailing to implement it effectively.

In the following chapters, we set out the essential elements ofgood practice that constitute a broad policy, legal, and regulatoryframework for broadcasting in the public interest, as discussed inPart I. We draw from internationally recognized legal guarantees onfreedom of expression and access to information, along with con-crete examples from different countries of how these have been putinto effect.

Chapter 9 discusses good practices in the structure, mandate,staffing, and procedures of broadcast regulatory agencies and identi-fies core principles, including independence, authority and compe-tence. It also acknowledges that the risk of regulatory failure,including capture by vested interests, is ever present and needs to beoffset by a vigilant, robust, and authoritative institutional structure.

Chapter 10 looks specifically at the regulation of broadcast con-tent. When and where is it justified for policy and regulation to attemptto influence broadcast content, either directly, through regulation ofthe general nature of content, or indirectly, through interventions re-lating to the technical means to broadcast? This question, and someanswers to it, are explored in some depth.

Chapters 11 through 13 focus respectively on the three mainbroadcasting sectors: public service, community, and commercialbroadcasting. In each case, we explore the relevant institutional, li-censing, and regulatory structures, the checks and balances neededto ensure the promotion of public interest goals, and the possible andappropriate funding structures.

Part III 155

Regulation and theGovernment Role9C

HA

PT

ER


• The regulation of broadcasting should be the responsibility of an in-dependent regulatory body established on a statutory basis withpowers and duties set out explicitly in law.

• The independence of the broadcast regulatory body should be ade-quately and explicitly protected from interference, particularly of apolitical or economic nature.

• Any independent body that exercises regulatory powers in broad-casting should have a principal duty to further the public interestand should have particular regard for the right to freedom of opin-ion and expression and the desirability of fostering a plurality anddiversity of services.

• The appointment process for members of an independent broadcastregulator should be fair, open, transparent, and set out in law. It shouldbe designed to ensure relevant expertise or experience and a diversityof interests and opinions representative of society as a whole.

• The appointments process should not be dominated by any particu-lar political party or commercial interest and the members appointedshould be required to serve in an individual capacity and to exercisetheir functions in the public interest at all times.

• In exercising its powers, the independent broadcast regulator shouldbe required by law to operate openly and transparently and to facil-itate public participation in their affairs, including through publicconsultation on their policies and procedures.

• All decisions of the independent broadcast regulator should beaccompanied by written reasons.

• The independent broadcast regulator should be subject to judicialoversight and should be formally accountable to the public througha multiparty body such as the parliament or a parliamentary com-mittee in which all major parties are represented.

• The independent broadcast regulator should be required by law topublish an annual report.

• The independent broadcast regulator should be ensured a reliableand recurrent income provided for in law and sufficient to carry outits activities effectively and without interference.

IntroductionIn the hands of governments, or under the influence of powerful eco-nomic interests, the regulation of broadcasting can in effect become agatekeeping exercise and an obstacle to enhanced media pluralismand diversity. The selective distribution of broadcast concessionswith the intention of rewarding certain groups over others can stifledemocratic debate and the plurality of opinion. Similarly, regulatorysanctions can discourage the exercise of freedom of expression andlimit the independence of the media. The trend in most regions is thustoward a system whereby broadcasting regulation is placed in thehands of an independent regulator constituted in such a way as to re-flect a diversity of interests, with clearly defined powers and dutiesand transparent and accountable operating procedures.

An independent broadcast regulator provides a means to promoteand develop a balanced broadcasting sector in which a plurality ofbroadcasters, commercial, public service, nonprofit, or community intheir various incarnations, can exist alongside one another. It may havea duty, among other things, to encourage multiple forms of ownership;to promote local and public service content; to meet the needs of par-ticular groups, including cultural and linguistic minorities; to considerequality of opportunity; and to ensure that broadcasting respects gen-erally accepted community standards, for example, those establishedfor the protection of children.

Regulation and the Government Role 157

BOX 39. France: From Monopoly to Diversity

In France, until 1982, the state retained a monopoly control over broadcast-ing. In 1986 the Law on Freedom of Communication (No. 86-1087) wasadopted providing for the creation of a new regulatory body, the Conseil Su-perieur de l’Audiovisuel (CSA). The CSA came into existence on February13, 1989, tasked with the dual role of guaranteeing and promoting broad-casting freedom in France. Article 3.1 states that the CSA is an independentauthority that “guarantees the exercise of the freedom of audiovisual com-munication with regard to radio and television by any means of electroniccommunication under conditions defined by the present law.”1 Alongsidethe publicly owned broadcasters, the CSAestablished the current regulatoryframework for the licensing of commercial and community broadcasting.

1. Law on Freedom of Communication No 86-1087 of 1986 (modified). Availableat: www.csa.fr.

The functions of broadcast regulation may be the responsibility ofa stand-alone body, they may be located within the responsibilities ofdifferent bodies, or they may constitute just one part of the functionsof a communications regulator with wider responsibilities.

Vesting the various functions of broadcast regulation—spectrumplanning, broadcast licensing, content standards, and complaintshandling—in more than one regulatory body can lead to duplicationof effort and cost and may also be confusing for the public. On the otherhand, it may be desirable, when adapting good practice to particularcountry circumstances, to have some division of regulatory responsi-bilities between different bodies. This may be considered preferable toan excessively powerful regulatory body that is not sufficiently inde-pendent of the government or of other particular interests.

In most countries broadcast regulation has historically been dis-tinct from the regulation of telecommunications and the radio spec-trum. In recent years the trend has been to replace distinct regulatoryregimes for broadcasting, telecommunications, and radio frequencieswith a single communications regulator as, for example, ICASA inSouth Africa and Ofcom in the United Kingdom. The single regulatoridea, however, is by no means new. The U.S. Federal Communica-tions Commission was set up on these lines in 1934.

While a single regulator responsible for both telecommunicationsand broadcasting can be expected to produce greater policy coher-ence in communications regulation, the vesting of a wide range ofregulatory powers in a single regulator makes it all the more impor-tant for the regulator to be capable of clearly distinguishing the speci-ficities of each of its areas of responsibility and meeting the higheststandards of good practice in each.

Threats to IndependenceAs stressed earlier, the independence of a regulator can be threatenedfrom several directions.

The risk of “capture” of the regulator by partisan interests is highand ongoing.1 “Capture” occurs when the positions and actions of a


1There is a very considerable literature by “capture theorists,” much, though not all of it,emanating from the United States. Only a very limited literature, however, is available onthe specificities of regulatory capture of the broadcast sector in developing countries.

government regulatory agency are overly influenced by the vestedinterests of the industry it regulates to the detriment of the public inter-est it is intended to serve. A higher risk of capture can be built intoflawed founding legal and institutional structures of a regulator or canemerge gradually over an extended period of time, and wealthy coun-tries with long experience of independent regulation are not exempt.2

Regulators take decisions that have far-reaching economic impli-cations for private media entities, granting or withdrawing licenses,imposing and policing more or less onerous conditions that, althoughaimed at protecting the public interest, can greatly influence thegrowth potential, income, and profitability of media enterprises. Thisinfluence inevitably entails a risk of corruption among regulatorystaff and decision-making processes3 and thus also underlines theimportance of safeguards such as transparency and “whistle-blower”mechanisms. Powerful lobbying of the regulator by media interestscan also result in regulatory decisions and outcomes that favor pri-vate media interests, especially where the regulator has limited re-search, analytical, and public relations capacity. When directed atgovernments, such media industry lobbying can also diminish the in-dependence of the regulatory body vis-à-vis the regulated, whetherat the time of its establishment or through amending legislation.

Furthermore, media interests are particularly well placed to influ-ence public opinion and, hence, the actions of publicly elected officialsand members of government. And a “revolving door” between the regu-lator and the regulated, where key staff shuttle between one and the otherwith scant protection against conflicts of interests, can be a problem forregulators everywhere. Sustained and varied contact, formal and infor-mal, between regulators and commercial broadcasters, as well as the con-siderable economic power of media, may be among the causes of whathas been described as a “soft” approach toward regulating commercial


2For a view of the issue in U.S. broadcasting see: Anthony E. Varona, “Changing Channelsand Bridging Divides: The Failure and Redemption of American Broadcast TelevisionRegulation,” Minnesota Journal of Law, Science & Technology, Vol. 6, No. 1, 2004–2005, avail-able at SSRN: http://ssrn.com/abstract=921132.3The Polish regulator became enmeshed in a corruption scandal in 2003, in which cross-ownership was the issue. Open Society Institute EU Monitoring and Advocacy Program,Television Across Europe: Regulation, Policy and Independence (OSI: New York/Budapest,2005), 52, available at: http://www.eumap.org.

broadcasters in Western Europe. This approach is characterized by laxityin the enforcement of license conditions and a reluctance to use the pow-ers available, among other things.4

Legislating to avoid such capture is neither simple nor direct, andaspects of the enabling environment in Part II are relevant here, inparticular, robust access to information legislation. Adequate fund-ing, training, and capacity-building can be important alongside thelegal measures outlined in the following section.

Excessive government influence over the regulator, however, isvery often a larger problem. The policy and statutory measurespresented here, including formal guarantees of independence andtransparency, appropriate appointment procedures, and adequateenforcement mechanisms, can go a long way toward addressing this,as can the implementation of an effective enabling environment out-lined in Part II. Yet many regulators succumb, willingly or not, togovernment pressures, many of which are informal and concealedfrom public view. Less tangible challenges facing regulatory inde-pendence may be related to attitudes and cultures. In some environ-ments, acquiescence to and practical implementation of an authorityestablished by legislation and subject to law, but independent of gov-ernment influence, can take some time to evolve among members ofgovernment and regulators alike.

In the following, it should be borne in mind that good practice inone area, such as exemplary legislating for independence, may be un-dermined by weaknesses in others, such as inadequate funding or aculture of inertia or corruption.

An Independent Regulatory Body

The regulation of broadcasting should be the responsibility of anindependent regulatory body established on a statutory basis withpowers and duties set out explicitly in law. The independence andinstitutional autonomy of the regulatory body should be adequatelyand explicitly protected from interference, particularly interferenceof a political or economic nature.


4Open Society Institute EU Monitoring and Advocacy Program, Television Across Europe:Regulation, Policy and Independence (OSI: New York/Budapest, 2005), 53, 1031.

The independence of the regulatory body is central to its effective-ness. Though insufficient in itself, it should be guaranteed in thelegislation under which it is established. This legislation should setout clearly the powers and duties that have been assigned to theregulatory body and that it is entitled to exercise independently ofgovernment or any other entity or person. Any change to these pow-ers and duties should be permissible only through amendment bythe parliament of the relevant legislation.

The legislation should also guarantee the independence of theregulator by identifying clear and explicit rules for appointment of itsmembers and the terms under which they serve, and by requiring for-mal accountability to the public and funding arrangements that en-sure its operational and administrative autonomy from governmentor politicians. The regulator must also maintain impartiality withrespect to those whom it regulates, and in particular avoid undue in-fluence by the major broadcast licensees and private media owners.

In some countries the independence of the broadcast regulator isconstitutionally prescribed. For example, the South African constitutionstates, in Section 192: “National legislation must establish an indepen-dent authority to regulate broadcasting in the public interest, and to en-sure fairness and a diversity of views broadly representing SouthAfrican society.” Section 192 expressly obliges Parliament to establish anindependent authority to regulate broadcasting. To this end, Parliamenthas enacted the Independent Communications Authority of SouthAfrica 2000 Act (ICASA Act). ICASA took over the function of two pre-vious regulators, the South African Telecommunications RegulatoryAuthority (SATRA) and the Independent Broadcasting Authority (IBA).The preamble to the ICASAAct acknowledges “that the establishment ofan independent body to regulate broadcasting and telecommunicationsis required.” The act describes ICASA in the following clear terms:5

(3) The Authority is independent and subject only to theConstitution and the law, and must be impartial and mustperform its functions without fear, favour or prejudice.

(4) The Authority must function without any political or com-mercial interference.


5The Independent Communications Authority of South Africa Act No. 13 of 2000,available at: www.icasa.org.za.

Powers and Duties

Any independent body that exercises regulatory powers in broad-casting should have a principal duty to further the public interestin relation to broadcasting and should have particular concern forthe right to freedom of opinion and expression and the desirabilityof fostering a plurality and diversity of services.

The legislation under which the regulatory body is establishedshould describe its principal duties in clear terms together with thespecific functions that it is required to carry out. It should be framedin such a way that the regulator is able to operate in a manner that isfair, open, transparent, and consistent with its principal duties.

Although broadcasting’s ability to contribute to development isincreased within a regulatory framework that gives precedence to thegoal of furthering the public interest, other additional and more spe-cific duties of the regulator should also be set out. These may include,for example:

• the availability throughout the territory of a wide range ofbroadcasting services of a high quality and appealing to avariety of tastes and interest;

• the maintenance of a plurality of providers of differentbroadcasting services;


BOX 40. Benin: Constitutional Support for an Independent Regulatory Body

The creation of a regulatory body, the Haute Authorité de l’Audiovisuel et dela Communication (HAAC), on August 21, 1992 (Law No. 92-021), was a rec-ommendation of the Conference Nationale Souveraine (February 19 to 28,1990), imposed by civil society organizations on the then-military regime toreview the governance of the country. The conference laid the foundationsof a system based on the rule of law and the respect of fundamental humanrights. The conference appointed an interim prime minister charged withthe preparation of a referendum on a new constitution. The new constitu-tion adopted by referendum in December 1990 sought to protect the mediafrom government interference and make it a watchdog of government. Itrecommended that the regulatory body be rooted in the constitution in or-der to give it legitimacy comparable to that of the Executive. It establishedthat “the Haute Autorité de l’Audiovisuel et de la Communication is an institu-tion independent of all political powers, organization or lobby of any sort.”

• protection of the public from offensive and harmful programmaterial;

• protection from unfair treatment or unwarranted intrusionsof privacy.

The powers in relation to broadcasting that are assigned to an in-dependent regulatory body should also be set out clearly and should,inter alia, include the powers:

• to grant and to suspend or revoke broadcast licenses;

• to assign those frequencies that are designated for broadcastuse;

• to set standards and rules within clearly defined areas ofresponsibility; and

• to hear and to adjudicate on complaints relating to broadcastcontent.

The Broadcasting Commission of Ireland (BCI)—previously theIrish Radio and Television Commission but renamed under theBroadcasting Act of 2001—is responsible for the licensing, regulation,and oversight of all private and independent broadcasting, includingcommunity broadcasting. In addition to licensing, it develops codes


BOX 41. Mali: Dual Regulatory Bodies

Two regulatory bodies, the Conseil Superieur de la Communication (CSC),which was set up in December 1992, and the Comité National de l’Egal Ac-cès aux Médias d’Etat (CNEAME), set up in January 1993, are in charge ofthe implementation of Article 7 of the 1992 constitution, which states thatfreedom of expression is guaranteed under the law. The CNEAME is con-cerned only with the access of political parties to state media and its ac-tivities are developed mainly during electoral campaigns. All otherregulatory oversight of the broadcast media and print media rest with theCSC. The powers and duties of the CSC are set out in the CSC Act of 1992(No. 92-038). The CSC decides on the allocation and withdrawal of fre-quencies to radio and television broadcasting stations and ensures thatstations abide by their service commitments. It has powers to suspend orwithdraw broadcast authorizations in the event of noncompliance. TheCSC undertakes research into the media and communications sector andalso has powers to prevent undue dominance or control of the market forprint and broadcast communications.

and rules with respect to programming and advertising standards; itmonitors services to ensure compliance; it provides support for train-ing and development initiatives; and it undertakes or commissionsresearch to assist the development of broadcast policy.

In the Republic of Korea, all of the regulatory functions relating tothe broadcast media have been consolidated within the Korean Broad-casting Commission (KBC) established as an independent body underthe terms of the Broadcasting Law of 2000. The KBC took over the ad-ministrative functions, previously reserved by government, for licens-ing and authorization of terrestrial, cable, and satellite broadcastersand relay cable operators. It is also responsible, among other matters,for regulation of broadcast content, nomination of board members ofthe main public broadcasting institutions, broadcast policy-making,and management of the Broadcasting Development Fund.

Appointment of MembersThe appointments process for members of a regulatory body with re-sponsibility for broadcasting should be fair, open, transparent, and setout in law. It should be designed to ensure that members have relevantexpertise or experience and carry a diversity of interests and opinionsrepresentative of society as a whole. The appointments process shouldnot be dominated by any particular political party or commercial interest,and the members appointed should be required to serve in an individualcapacity and to exercise their functions in the public interest at all times.

Members of the regulatory body should be appointed for a fixedterm and should be protected from dismissal during this term unlessthey cease to meet explicit conditions of eligibility for office or fail todischarge their responsibilities as set out in law. There should be clearrules of eligibility for membership of the regulatory body to avoidincompatibility with the responsibilities of office. No one should beappointed who:

• is an employee in the civil service or other branch of government;

• is an officeholder or employee of a political party;

• is an elected or appointed member of the government;

• is an elected or appointed member of the legislature;

• is an employee, or has financial interests, in broadcasting orcommunications; or


• has been convicted, after due process in accordance withinternationally accepted legal principles, of a violent crime ora crime of dishonesty, unless five years has passed since thesentence was discharged.

In carrying out their duties and responsibilities, members of theregulatory body should be required to act according to the principlesof public office and not to accept any instructions, terms, conditions,gifts, or payment from any party other than those that are explicitlyprovided for in law for the effective discharge of their responsibilities.

The size and composition of the board vary significantly fromcountry to country. In the Netherlands, the independent Media Au-thority (Commissariaat voor de Media) has only three commissioners,although their independence is guaranteed by the Media Act of 1987.The commissioners are appointed by Royal Decree on the Recom-mendation of the Minister for Education, Culture, and Science. Incontrast, in France, the CSA has a board of nine members. Threemembers are appointed by the president, three by the National As-sembly, and the remainder appointed by the chairman of the Senate.They are confirmed by presidential decree, and the chairman of theCSA is appointed by the president. A third of the members of the CSAare renewed every two years. The term of office for all members is sixyears, which can neither be revoked nor renewed.

In Benin, the president of the Haute Authorité de l’Audiovisuel et dela Communication (HAAC) is appointed, after consultation with thepresident of the Parliament, by decree in the Council of Ministers.The other members of the HAAC board consist of three appointees ofthe head of state and three appointees of the Cabinet of the Parliament.


BOX 42. Canada: Procedures for Appointment of Members

The Canadian Radio-television and Telecommunications Commission(CRTC) is responsible for overseeing broadcasting licensing in Canada. Itconsists of not more than thirteen full-time members and not more than sixpart-time members, appointed by the prime minister. In practice, althoughnot in law, this is a broad public process involving public consultations.Members are appointed for five years and may be reappointed. There arestrict conflict-of-interest rules for members, which exclude anyone whohas interests in telecommunications or broadcasting from membership.The law does not set out prohibitions on politically active individuals frombecoming members, but this is respected in practice.

Each set of appointments is to include a communicator, a lawyer, anda personality from civil society. In addition, it includes two profes-sional journalists and one telecommunications technician appointedin a general assembly of their peers. The mandate of the nine mem-bers of the HAAC board is five years and may neither be revoked norrenewed.

Transparency and Consultation

In exercising regulatory powers over broadcasting, regulatory bodiesshould be required by law to operate openly and transparently and tofacilitate public participation in their affairs, including through pub-lic consultation on their policies and procedures. All decisions of reg-ulatory bodies should be accompanied by written reasons.

Regulatory bodies should operate according to the principles ofgood governance and the highest standards of public administra-tion and in accordance with the principles of natural justice. Theregulatory body should conduct its affairs on the basis of an explicitcommitment to access to information and should not withhold in-formation from the public unless this is justified by reference to aclear, explicit, and overriding reason for doing so. Exceptions to thegeneral principle of disclosure might include information of acommercially sensitive nature provided in confidence by a licenseapplicant.

Transparency can be achieved through various means, includ-ing: publishing details of the interests and affiliations of members ofthe regulatory body; publishing proceedings of meetings; open li-censing processes (including licensing decisions and reasons forthose decisions); engaging in public consultation on the annual planand priorities of the regulatory body; and conducting public consul-tation on licensing and regulatory policies, codes, and procedures.Decision making on all major policy matters should include, as aminimum, a three-stage public consultation process that includesthe following:

• notice of a new decision that is to be made

• collection of public input on the possible decision

• final decision issued publicly


The Canadian Radio-television and Telecommunications Com-mission, for example, issues public notice of all new decisions to betaken. This is followed by a consultation period in which commentscan be filed by interested parties and in which there may also be pub-lic hearings and consultative workshops. After consultation the deci-sion is made and publicized.

In countries where access to information legislation is in force, theindependent regulatory body should be subject to the same rules thatapply to government departments and public bodies. It is also goodpractice for provisions on transparency and consultation to be made ex-plicit in the legislation providing for the independent regulatory body.

The Independent Communications Authority of South Africa(ICASA), for example, is defined as a “public body” within the termsof the Promotion of Access to Information Act of 2000. ICASA pub-lishes a manual setting out its compliance with access to informationlegislation as this applies to public bodies.6 With respect to broadcast


BOX 43. United Kingdom: Consultation Policies

In a published guide to their consultation processes, Ofcom states:“Consultation is an essential part of regulatory accountability—themeans by which those people and organizations affected by our decisionscan judge what we do and why we do it.”1 The Communications Act of 2003sets out, in Section 3, a general requirement on Ofcom to have regard to:2

(a) the principles under which regulatory activities should be transparent,accountable, proportionate, consistent and targeted only at cases inwhich action is needed; and

(b) any other principles appearing to Ofcom to represent the best regulatorypractice.

In addition, the act includes seventy-seven specific requirements onmatters where consultation is required before a decision is taken. Ofcomconsultation policy draws on current good practice in public administra-tion set out in guidelines published by the Cabinet Office, a body of cen-tral government.3

1. From Commencement to 1st quarter 2004: Foundation and Framework, Ofcom, 2004.2. Communications Act of 2003, available at: www.communicationsact.gov.uk.3. For example, Cabinet Office Code of Practice on Written Consultation, available at:www.cabinet-office.gov.uk/guidanceconsult/index.asp.

6Promotion of Access to Information: Manual in terms of Section 14 in respect of the IndependentCommunications Authority of South Africa, ICASA.

regulation ICASA is obliged under the Broadcasting Act of 1993 toengage in public consultation with respect to any inquiry it conducts;with respect to frequency planning; and with respect to license appli-cations, license renewals, and amendments to licenses.

Public Accountability

Any public body that exercises regulatory powers in broadcastingshould be subject to judicial oversight and should be formally ac-countable to the public through a multiparty body, such as the par-liament or a parliamentary committee, in which all major partiesare represented. The regulatory body should be required by law topublish an annual report.

Decisions taken by a regulatory body responsible for broadcastingshould be subject to judicial oversight and any individual or organi-zation affected by such a decision should have the right to seek judi-cial review of that decision through the appropriate court.

Formal accountability should focus on review of the past activi-ties and performance of the regulatory body and should not have thepurpose of seeking to influence individual decisions. The annualreport of the regulatory body should include a detailed account oftheir licensing and regulatory activities together with audited finan-cial accounts. It should be published in a manner that ensures it to beeasily accessible to the public.


BOX 44. South Africa: The Regulator’s Annual Report

The Independent Communications Authority of South Africa (ICASA)Act 2000 requires, under Section 16, that ICASA prepare an annual report,within three months of the financial year, to include “information re-garding licences granted, renewed, amended, transferred, suspended orrevoked and such other information as the Minister may in writing re-quire.”1 The minister is required to table the report in Parliament withinfixed time limits. ICASA is also required to produce annual financialstatements and the auditor-general’s report on those statements. All deci-sions of ICASA are subject to judicial review.

1. The Independent Communications Authority of South Africa Act No. 13 of 2000,available at: www.icasa.org.za.

Funding Arrangements

Regulatory bodies responsible for broadcasting should be ensured areliable and recurrent income provided for in law and sufficient tocarry out their activities effectively and without interference.

The legal framework for funding regulators should be transparentand include protections against arbitrary interference. Funding to, orthe withdrawal of funding from, a regulatory body should never beused as a means to influence decision making. A variety of mecha-nisms can be used to fund regulatory bodies, including direct fund-ing by government from taxation or funding through charges appliedto licensees.

In Benin, for example, the budget of the Haute Authorite del’Audiovisuel et de la Communication (HAAC) is provided for by theNational Assembly upon request of the president of HAAC and ad-ministered through the Ministry of Finance.

Although direct funding is a common model it can be used to un-dermine the independence of the regulator. It is therefore desirable tohave an independent funding mechanism provided this can guaran-tee adequate resources for the regulatory function.

The revenues of the UK communications regulator, Ofcom, forexample, are derived from payments received in respect of license


BOX 45. Lithuania: Financing the Regulator

The Radio and Television Commission of Lithuania (LRTK), establishedunder the Mass Media Law of 1996, is financed from the funds of the com-mercial broadcasters. All broadcasters earning income from commercialbroadcasting activities—with the exception of the public broadcaster,LRT—must pay the commission on a monthly basis: 0.8 percent of theirincomes received from advertising, subscription fees, and other commer-cial activities related to broadcasting and/or retransmission. If broad-casters fail to pay for three months after a deadline specified in writing bythe commission, such amounts are to be recovered in court. The LRTK isresponsible for establishing its own budget within the funds thus madeavailable.1

1. Open Society Institute EU Monitoring and Advocacy Program, Television AcrossEurope: Regulation, Policy and Independence (OSI: New York/Budapest, 2005), 1031.

fees from and penalties applied to license holders. The Office of Com-munications Act 2002 states, in Schedule 1, Paragraph 8(1):7 “It shallbe the duty of Ofcom . . . so to conduct their affairs as to secure thattheir revenues become at the earliest possible date, and continue at alltimes after that to be, at least sufficient to enable them to meet theirobligations and to carry out their functions.”


7Office of Communications Act 2002, available at: http://www.hmso.gov.uk/acts/acts2002/20020011.htm.

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• General positive content obligations, requiring them to carry certainmaterial or types of material, may be placed on commercial andcommunity broadcasters for the purpose of promoting broadcastdiversity and the range of material available to the public, though moreonerous obligations may be placed on public service broadcasters.

• Positive content obligations should not have the effect of stifling cre-ativity or threatening viability.

• Special content rules may apply during elections.• Broadcasting laws should not impose content restrictions of a civil or

criminal nature on broadcasters, over and above those that apply toall forms of expression.

• Codes of conduct rules should be developed in close consultationwith broadcasters and should be applied either on a self-regulatorybasis or by an independent regulatory body.

• A range of sanctions should be available for breach of ruleson broadcast content so that any sanctions that are applied may beproportionate to the harm done.

• Spectrum planning for broadcast services should ensure a fair andequitable distribution between public service, commercial, andcommunity broadcasters.

• “Must-carry” rules are a useful regulatory mechanism to guarantee ac-cess to cable and satellite networks for public interest uses, includingpublic service and community broadcasters. Broadcast law shouldensure that broadcast regulators have powers to make “must-carry”rulings and a duty to do so where such rulings are in the public interest.

• Public access channels are channels on cable or satellite networks thathave been set aside for noncommercial public use such as educa-tional, community, or public service programming. Broadcast lawshould ensure the regulator is able to insist on the inclusion of publicaccess channels as a condition of licensing a cable or satellite operator.

IntroductionThe characteristics of the general enabling legal and institutionalenvironment outlined in Part II constitute essential prerequisites tobroadcasting that can promote good governance and development.The specific regulatory role appropriate to broadcasting, including itsoverall goals and structures, is outlined above. But an immediatequestion confronting any form of broadcast regulation is whether andwhere it is justified to attempt to influence broadcast content, eitherdirectly through rules on the broad nature of content or indirectlythrough interventions relating to the technical means to broadcast,specifically radio spectrum and cable. Beyond question is the fact thatsuch justification must conform fully to the general legal environmentrelating to freedom of expression. But allowing for this, what is thecase for specific measures to influence content?

In a regulatory environment that provides for independent media,free of government control, it is, in the first instance, the responsibility ofbroadcasters themselves to decide, on a day-to-day basis, what contentthey should or should not carry. There should be no prior censorship.

Are there circumstances that justify measures to directly influ-ence content? More specifically, can the state regulate to promote inbroadcasting those characteristics that can enhance governance andparticipation, for instance by increasing the likelihood of a wide di-versity of content across broadcasting? Is regulation of commercialbroadcasting a feasible way of augmenting public participation?

Regulation of the means of broadcast transmission, radio spec-trum and cable, poses another set of questions. If restrictions on themeans to broadcast should be kept to a minimum, and maximum op-portunities offered to those wishing to broadcast, what circumstancesjustify regulatory interventions in the conditions of access to them?Can and should the regulation of these scarce resources be used tobroadly influence content in this direction?

There are clear dangers in the overregulation of content. Apartfrom the obvious risk of state censorship by another name, contentrules should not be so onerous as to restrict creativity or impose ex-cessive costs on a broadcaster. Nor should they be more stringent thanthose applying to other media, though they can take account of and beadapted to the particular nature of broadcasting. Many countries havedeveloped systems to directly and indirectly influence broadcast


content, with the goal of enhancing the quality and diversity of con-tent, while fully respecting freedom of expression.

Some aspects of broadcasting standards are by their nature con-textually dependent. The level of obscenity, sex, or violence consid-ered acceptable on television not only depends on the particularcircumstances of each broadcast but is subject to changing socialvalues over time and different cultural interpretations and contexts.The goal of broadcasting standards systems is to clarify and articulatethe generally pertaining social standards and acceptable behavior, inorder to set program standards for broadcasters. Though sanctionsmay be a necessary part of such a system, more serious sanctionsshould be applied only relatively rarely, for instance to address theproblem of a persistently offending broadcaster. Good practice exam-ples of these systems are characterized by a code of conduct, developed by or in close consultation with broadcasters and other interested stake-holders; an independent body with oversight, monitoring, and sanctionpowers and the opportunity for public complaints; and a graduatedsystem of sanctions for breach of the rules.

Positive content rules, for instance where a license to broadcast isaccompanied by obligations to show certain general types of content,have the purpose of promoting diversity by extending the range ofmaterial available and improving its quality. Public service broad-casters in particular are subject to these rules, but they may bebrought to bear on all forms of broadcasting.

In the case of allocating radio spectrum to broadcasting, the fun-damental justification for regulation in the first place is usually that ra-dio spectrum is a scarce resource that requires overall management. Tothat extent it comprises part of the technical enabling environment. Butat a nontechnical level, rules regarding the allocation of spectrum toparticular types of broadcasters can be motivated by a desire to en-hance the diversity of content, and especially to improve the balance ofdifferent forms of ownership and participation. A similar case can bemade for certain measures that regulate the cable broadcast system.

Positive Content RulesGeneral positive content obligations, requiring them to carry cer-tain material or types of material, may be placed on commercial andcommunity broadcasters but only where the purpose and effect of

Regulating Broadcast Content and Distribution 173

the rules is to promote broadcast diversity by enhancing the rangeof material available to the public. More onerous obligations may beplaced on public service broadcasters, given their primary obliga-tion to promote the public interest through a diversity of voices andperspectives in broadcasting. Positive content obligations shouldnot have the effect of stifling creativity or threatening viability.Special content rules may apply during elections.

Positive content regulation can be particularly useful in encouragingthe productions of programs with educational value; ensuring highquality news and current affairs coverage; promoting local and na-tional culture, including minority cultures; providing programmingfor children; encouraging investment in local content production;and covering other matters of development concern such as health,welfare, and economic development.

Positive content regulation should not specify in detail what is tobe broadcast. Such an approach would put the independence of thebroadcaster at risk and place the regulator in a position of making ed-itorial decisions. Positive content rules should instead be set out inthe form of general obligations concerning the type of programmingto be carried.

Different types of broadcasters may be subject to different positivecontent obligations. They should be proportionate to the broad-caster’s coverage, the scarcity of the transmission resources available,and their ability to meet the obligations without danger to their via-bility. For example, a local broadcaster could not be expected to investin costly program production, such as drama, but might be requiredto carry a certain proportion of locally produced content or local news.

For commercial or community broadcasters content obligationswill normally be set out in the license terms and conditions. Publicservice broadcasters can be expected to have a higher obligation withrespect to public interest content than commercial and communitybroadcasters, and their content requirements will generally be set outas the law establishes them.

Public service broadcasters have a particular obligation to pro-mote broadcast diversity, and it is legitimate, even necessary, to pro-vide for this in their mandates. This may involve requiring themgenerally to carry programming considered to be of national impor-tance, such as children’s programming, educational programming,


programming of interest to different sectors of society, comprehen-sive news programming, and so on. At the same time, as with privatebroadcasters, specific obligations to carry messages by officials aresusceptible to abuse and should be avoided.

Special considerations may apply during elections, where it is ofthe greatest importance that the electorate be exposed to the views ofthe competing candidates and parties, so as to be able to make an in-formed voting choice. It is common for broadcasters, particularlypublic broadcasters, but often private broadcasters as well, to be re-quired to carry election material, often in the form of direct accessslots by parties and candidates.

In Italy, a case decided in 2002 challenged the requirement forbroadcasters to provide equal access to all political parties, arguing thatit infringed the freedom of expression of broadcasters and constituteddiscrimination against them in relation to newspapers, which did nothave this obligation. The constitutional court rejected these arguments,noting the key importance of broadcasting in forming the public’s po-litical views. The court also noted the special situation in Italy, which ischaracterized by concentration of ownership of private broadcasting inthe hands of politically active individuals, existing alongside publicbroadcasting. It also noted the limited nature of the restrictions, whichapplied only during elections and only to certain types of broadcasts.1

Some countries include specific provision to promote indigenousprogram production or to ensure broadcasting in the national lan-guage. For example, in Indonesia the broadcasting law includes de-tailed language rules. In general, broadcasting must be in standardIndonesian, although there are exceptions for other local and foreignlanguages. Foreign language programs must be either subtitled ordubbed into Indonesian, although the latter is restricted to 30 percentof all foreign programs.

In the Yatama case the Inter-American Court of Human Rights setan important precedent in ruling that a decision of the court con-cerning the political rights of indigenous communities on the Atlanticcoast of Nicaragua must be disseminated through community radioand in the local indigenous languages of Miskito, Sumo, and Rama.2


1Decision of the Italian Constitutional Court, no. 155 (Apr. 24–May 7, 2002).2Yatama v. Nicaragua, Inter-American Court of Human Rights (June 23, 2003), available at:http://www.corteidh.or.cr/docs/casos/articulos/seriec_127_esp.pdf.

3Restriction on broadcasting in foreign languages, decisions of the Latvian ConstitutionalCourt, no. 2003-02-0106 (2003) and no. 2003-02-0106 (2003).

Rules on national and linguistic content should not be such thatthey restrict the rights of minorities. Latvian law, for example, pro-vided that no more that 25 percent of broadcast time on any particularbroadcaster could be in a foreign language, thereby effectively denyingthe large Russian minority a broadcaster of their own. In a 2003 deci-sion, the constitutional court struck down the law as an unreasonablerestriction on freedom of expression. In doing so, the court noted thelaw did not in fact increase the use of the Latvian language but, tothe contrary, many Russian speakers simply listened to the widelyavailable Russian channels, meaning that they lost any exposure toLatvian.3

Positive content obligations must not have the effect of under-mining broadcast development or threaten the viability of the ser-vice, for example, by being unrealistic or excessively onerous. Theymust also be sufficiently general in nature as to remain politicallyneutral, and they must unambiguously define the type of materialcovered.


BOX 46. United Kingdom: Public Service Objectives among Different Broadcasters

In the United Kingdom, the rules for public service broadcasters (BBC,Channel 4, and the Welsh language channel, S4C) are much more detailedand onerous than for commercial broadcasting, but the main nationalcommercial terrestrial broadcaster (ITV) is also required by law and li-censing agreement to meet a number of public service objectives, includ-ing the carriage of news and information, children’s and educationalprogramming, and international affairs. Lesser requirements apply to thecommercial Channel 5. Local commercial broadcasters are obliged tocarry an agreed proportion of local programming while communitybroadcasters are obliged to demonstrate “social gain” through their pro-gramming output and other activities. The broadcast regulator, Ofcom,has the power to set rules relating to party political broadcasts (duringelections but also less frequently on an ongoing basis) for all broadcast-ers. All broadcasters are required to maintain “due impartiality” on mat-ters of public policy or political or industrial controversy.

Content Restrictions and Codes of Conduct

Broadcasting laws should not impose content restrictions of a civilor criminal nature on broadcasters, over and above, or duplicating,those that apply to all forms of expression. Codes of conduct forbroadcast content should be developed in close consultation withbroadcasters and should be applied either on a self-regulatory basisor by an independent regulatory body.

To meet the “provided by law” part of the three-part test for restric-tions on freedom of expression, any content restrictions should bebased on a clear, detailed, and preestablished code of conduct. Suchcodes should be developed in close consultation with broadcasters inorder to be firmly based in broadcasting reality and should also pro-vide for input from the public, including viewers’ and listeners’ as-sociations. Codes of conduct can be effective in setting clearprofessional standards and in preventing more intrusive forms ofregulation. Different codes may be developed for radio and televi-sion, given the important differences between them. In adoptingcodes of conduct, a range of considerations should be taken into ac-count, including the likelihood and seriousness of harm and the im-portance of maintaining independent editorial control over programcontent.

Codes of conduct for broadcast content may relate to a number ofdifferent content objectives, such as ensuring protection of childrenand youth; impartiality in news and current affairs; responsible reli-gious programming; obscenity, hate speech, or other offensive mate-rial; invasion of privacy; and fairness in political advertising. Specificrules may apply to the content of commercial advertising and spon-sorship in order to avoid undue exploitation of listeners, not to bemisleading, to avoid promoting harmful products such as tobacco,and to avoid unfair discrimination between advertisers.

Codes of conduct may be applied through self-regulatory mech-anisms such as a body established by the broadcasters themselves,through an independent regulatory body, or through some combina-tion of both mechanisms (co-regulation). In some countries broad-cast content codes have been developed by the broadcastersassociations or journalists organizations and adopted directly by theregulatory body.


In Mali, for example, the Conseil Superieur de la Communication(CSC) does not have its own broadcast content code but enforces theCode of Conduct of the Observatory for Press Ethics, which is a self-regulatory body jointly sponsored by the Malian journalists union(Union Nationale des Journalists du Mali) and the Malian broadcastersassociation (Union des Radios et Televisions Libres du Mali).

As with all forms of media regulation, any system relating to theregulation of broadcast content should be overseen by a body that isprotected against political or commercial interference in its work. Itshould not operate on the basis of prior censorship but should ratheract on complaints through a transparent complaints procedure thatprovides prompt, independent, and fair arbitration or adjudication ofthe complaint.

In Indonesia, broadcast content regulation is the responsibility ofthe Indonesian Broadcasting Commission (KPI), an independentbody established under the Broadcasting Act of 2002.4 KPI is taskedwith developing a broadcasting code dealing with a wide range oftopics, including respect for religion and privacy, appropriate tasteand decency, limits on sexual and violent material, protection foryouth and women, program classification based on age groups,broadcasting in foreign languages, timing and neutrality of news pro-grams, live broadcasts, and advertising. The code is kept under con-stant review to ensure compatibility with legal developments andchanging social norms.

Australia has put in place an interesting system of co-regulation,5

with two parallel mechanisms, one involving codes of practice, over-seen by so-called peak bodies representing different broadcastingsectors (six sectors are specified in the law, including commercial andcommunity broadcasters), and one involving standards, overseen bythe Australian Broadcasting Authority (ABA), a statutory body.Codes are registered by the ABA if they meet certain standards, no-tably requirements of public consultation and of providing adequatesafeguards to the community. Where the codes are not deemed to beproviding appropriate safeguards, such as, for example, when thereis a widespread breach of certain types of rules, the ABA must adopta standard to remedy this problem.


4KPI has both a national body and regional bodies. We focus here on the national one.5Set out in Part 9 of the Broadcasting Services Act of 1942.

The amount of advertising that broadcasters can carry may besubject to overall limits, or specific restrictions, for example, in rela-tion to alcoholic beverages or tobacco. Care should be taken, how-ever, not to impose such stringent limits on advertising as toundermine the viability of the broadcasting sector as a whole.

In setting rules relating to advertising, consideration may begiven to the different financial structures of different types of broad-casters. It is, for example, not appropriate for public service broad-casters to take advantage of their public funding to offer advertisingat below-market rates and so it may be appropriate to subject them tofair competition rules in relation to any advertising they carry.

Sanctions

A range of sanctions should be available for breach of rules onbroadcast content so that any sanctions that are applied may beproportionate to the harm done.


BOX 47. Mozambique: Community Radio Self-Regulation Code

In Mozambique the growing community radio sector managed to respondin a mature manner to political tensions over the responsibilities of the me-dia in political reporting in the run up to the 2003 municipal elections andthe 2004 presidential and national elections. The absence of legal regulationon the role and responsibilities of community radio during elections becamea subject of heated debate in parliament as politicians saw that communityradio had come to constitute a powerful voice for the people, covering allthe major cities and more than one third of the rural areas. In response, theCoordination Group (the forerunner of the community radio sector bodyFORCOM) initiated a series of national consultations with all communityradio actors, which resulted in agreement on “the ten rules”—a code for self-regulation of the use of community radio during election periods. Theserules were launched nationally, with involvement of the Director of theGovernment Press Office (GABINFO), and provincially by the radios them-selves. Most radio stations followed the rules laid down, except the state-owned radio stations, which responded to decrees from their nationalleadership to include additional coverage of the ruling Frelimo party.1

1. ”Participation by Community Radios in Civic Education and Electoral Coverage—The experience of the Community Radios in Mozambique’s 2003 Local Elections.Specific Cases of: Dondo, Chimoio, and Cuamba,” UNESCO/UNDP (2003) refer-enced in Jallov, “Voice, Media, and Empowerment,” commissioned paper (2006) .

Regulators should have a range of sanctions available to them that canbe applied proportionately and flexibly enough to take account ofspecific circumstances. Warnings, fines of varying magnitudes, and li-cense suspensions, for example, provide the regulator with penaltiesproportionate to the infraction and also the scope to increase the sanc-tion when lesser penalties have not induced compliance. A “gap” inthe intensity of sanctions available can undermine the regulator’s abil-ity to respond effectively. If the regulator is obliged to choose a sanc-tion that is too feeble, this can increase the risk of further infractionsand of damaging public confidence. If the regulator’s alternative is toosevere, it can have a chilling effect on broadcasters’ freedom ofexpression, may undermine the flow of information to the public,and/or may be found upon review to be unconstitutional.

Sanctions should be imposed only after an investigation in whichthe regulator has concluded that a broadcaster has repeatedly, delib-erately, or seriously breached the terms of its license. In most cases,sanctions for breach of a rule relating to content should be applied ina graduated fashion. Normally, the sanction for an initial breach willbe a warning stating the nature of the breach and the need to not re-peat it. Other low to midrange sanctions might include requiring anon-air correction or statement of the regulator’s findings, or other un-dertakings, such as refraining from again broadcasting the program.

In assessing the type of sanction to impose, regulatory bodiesshould bear in mind that the purpose of regulation is not primarily to“police” broadcasters but rather to protect the public interest by en-suring that the sector operates smoothly and by promoting the rangeand quality of broadcasting services that are available to the public.

In Indonesia any member of the public may complain of a breachof the broadcasting code, and KPI is required to assess the legitimacyof such complaints. The affected broadcaster must be notified in writ-ing and given an adequate opportunity to be heard in the matter. In acase in which the code has been breached, KPI may require a broad-caster to publish a correction and a statement prepared by KPI.6

Broadcasters are also required to provide a correction, within 24hours where possible, when an inaccuracy in their programming hasbeen brought to their attention.


6The law also provides for license revocation for breach of the code, if ordered by the courts.

In Benin, the Haute Authorité de l’Audiovisuel et de la Communica-tion (HAAC) has a range of sanctions available under Article 47 of itslaw of establishment (No. 92-021, August 1992). In the case that pub-licized warnings have not been acted upon, the HAAC can pro-nounce against the offending broadcaster one of the followingsanctions, depending on the gravity of the offense:

(a) the suspension of broadcast authorization or of part of aprogram for a maximum of one month

(b) the reduction of the duration of the authorization for a max-imum of one year

(c) the withdrawal of the authorization

Given the relatively more intrusive nature of sanctions such as fines,or suspension or revocation of a license, conditions should be placedon their application for breach of a rule relating to content. To bejustifiable as necessary, fines should be imposed only after othermeasures have failed to redress the problem.

Suspension or revocation of a license represents the most serioussanctions possible, with extremely grave consequences for the broad-caster. As a result, these sanctions should be imposed only where thebroadcaster has repeatedly been found to have committed seriousabuses and other sanctions have proved inadequate to redress theproblem.

Such a case arose in Canada in 2004, when the Canadian Radio-television and Telecommunications Commission refused to renewthe license of a radio station in Quebec City that was persistentlybroadcasting abusive content denigrating specific social groups.The regulatory decision has been upheld by the federal court ofappeal.7

In all cases the broadcaster in question should have a right tomake written representation on the complaint and may also be in-vited to make oral representation in cases where a fine or more seri-ous sanction is being considered. As with all regulatory decisions thebroadcaster should have a right of judicial review in the courts, whichmay consider questions such as compliance with the standards ofnatural justice or human rights norms.


7See http://www.crtc.gc.ca/eng/NEWS/RELEASES/2004/r040713.htm.

Spectrum Planning for Broadcast Services

Spectrum planning for broadcast services should ensure a fair andequitable distribution between public service, commercial, andcommunity broadcasters.

International frequency planning designates a number of spectrumblocks for sound broadcasting and television. However the allocationof these blocks between public service, commercial, and communitybroadcasters is the responsibility of national administrations andmay be assigned by them to the broadcast regulatory body. One of thegoals of radio spectrum management in broadcasting should be toensure an appropriate balance between commercial, community, andpublic service broadcasters. The goal is to enhance diversity by en-suring that each of the different forms of ownership and control hasreasonable access to the spectrum, according to what they can use-fully contribute to broadcasting.

In practice this usually means ensuring that sufficient spectrumis available free or at affordable cost for public service and commu-nity broadcasting. There should be open public consultation on theuse of frequencies and their allocation between different uses, in-cluding public service, commercial, and community broadcasters.

International practice shows that the allocation of a minimum of10–15 percent of the FM band to community broadcasting (2–3 MHz outof the 20 MHz contained in the FM band that runs from 88 to 108 MHz)should be adequate, while 20 percent is optimal. Countries as diverse asThailand, France, and the United States allocate around 20 percent of theFM band to nonprofit local and community broadcasting.


BOX 48. Australia: Sanctions for Breaching Codes

In Australia there is no sanction for breach of a code of conduct. However,persistent breach may lead to a condition being imposed on a licensee.Pursuant to section 139 of the Broadcasting Services Act of 1942, it is anoffense to breach a program standard. Breach will lead to different levelsof fines for different types of broadcasters. The ABA may direct a licenseeto stop committing a breach (Section 141). Where a licensee fails to re-spond to a notice to stop a breach, the ABA can suspend the license for upto three months or may cancel it altogether (Section 143).

The radio sector in France offers five different categories oflicensees: community radios, eligible for public funding; localcommercial radios; local or regional radios affiliated into a nationalnetwork; national radios; and a special category for three radio sta-tions that existed prior to 1982 and that transmit abroad. The priorityattached to community radio can be observed by the percentage thissector makes up of all radio stations, which is over 50 percent, or 545of 1,070 licensees as of January 1, 2005, utilizing nearly 25 percent, or874 of 3,538, frequencies.

Efficient use of the spectrum requires a comprehensive na-tional plan for national and regional services, whereas local ser-vices may be accommodated more flexibly according to demand,population distribution, and spectrum availability. With the ad-vent of new modes of digital distribution some early assumptionsin spectrum planning have come under scrutiny. In particular it isincreasingly recognized that there can be efficient spectrum usewithout requiring each individual service to be part of a nationalplanning and licensing framework. Building on the experience ofWiFi and other license-exempt, shared-spectrum technologies onan “open spectrum” model may become appropriate for low-power local broadcasting services where a part of the radio spec-trum is set aside specifically for these services within agreedtechnical parameters.

In the medium to long term, digital broadcasting of television andradio will bring other challenges. The move to digital not only allows


BOX 49. Thailand: Frequencies as Resources for the Public Interest

Article 40 of the 1997 Thai Constitution states:

Transmission frequencies for radio or television broadcasting and radiotelecommunication are national communication resources for public interest.

The Allocation of Telecommunication and Broadcasting Frequencies Act,passed in March 2000, lays down specific rules by which the public inter-est in broadcasting may be safeguarded. It assigns 40 percent of the avail-able broadcast frequencies to the state sector, 40 percent to the commercialsector, and reserves 20 percent for not-for-profit community broadcast-ing. This model won over alternative suggestions made in the draftingprocess of having one community radio station per province or of allo-cating 2 percent of airtime to community broadcasting.

many more channels to be broadcast over the same spectrum—whichcan, where the paucity of channels is a constraint, facilitate greater con-tent diversity—but it also allows for additional functionality such aselectronic program guides. Such additions to functionality create newconcerns for regulators, such as how to ensure that due prominence isgiven to all types of broadcasters and programs rather than preferen-tial treatment to certain services.

From the regulatory perspective satellite and cable broadcastinghave had a relatively seamless transition to digital, enabling them tooffer additional channels and greater functionality. Terrestrialbroadcasting is also under strong pressure to digitalize, in part be-cause the spectrum it currently occupies is suited for other high-demand usage such as mobile telephony and wireless broadband.Yet the move to digital has been complicated by the fact that inter-national spectrum planning has decided that it is not feasible toidentify a large new area of spectrum for digital television servicesto commence while continuing to retain the spectrum required foranalog television. Instead, digital services will commence withinexisting bands and eventually replace the analog services after a“switch-off” date.8

Further complicating matters is the fact that several competingdigital standards already exist in both radio and television and arebeing promoted by different groups of developed countries, each try-ing to recruit developing countries to their standard. In the long term,public interest issues for regulators will include the question of whichstandards to select, including how they affect the need for and priceof new televisions or radio sets, how to ensure universal coverage,and how best to migrate from analog to digital.

All these future issues will affect content in the broadest sense ofallocating, or otherwise distributing, sufficient channels to the differ-ent broadcasting sectors and ensuring content is accessible and af-fordable. Yet in most developing and transitional countries questionsarising from digitization are for the future: at the moment the prior-ity remains ensuring that the current structures can be appropriatelyreformed, revised, and refined.


8ITU (1993) International Telecommunications Union Radio Recommendations—DigitalTerrestrial Television Broadcasting in the VHF/UHF Bands (BT.798.1), approved July 1994.

Must-Carry Rules

“Must-carry” rules are a useful regulatory mechanism to guaran-tee access to cable and satellite networks for public interest uses,including public service and community broadcasters. Broadcastlaw should ensure that broadcast regulators have powers to make“must-carry” rulings and a duty to do so where such rulings are inthe public interest.

Private cable network and satellite operators are often disinclined, usu-ally for commercial reasons, to provide access to public service andcommunity broadcasting. “Must-carry” rules can be applied where acable network or a satellite operator has, or is likely to have, a dominantmarket position in providing access to viewers. They should be used incases where, without guaranteed carriage, public service and commu-nity broadcasters face the likelihood of being excluded from access tocable or satellite distribution. Alongside the inclusion of must-carryrules for certain program services, cable network and satellite operatorsshould be prohibited from unfairly discriminating on grounds of con-tent between different program services, for example on grounds ofreligion.

In Spain, for example, cable operators are required under Article11 of the Cable Telecommunications Act 19959 and Article 26 of theRoyal Decree 2066/1996 to carry the following channels:

• the television programs transmitted by the two channels ofthe public service broadcasting company, Radio TélévisionEspaña (RTVE)

• the television programs transmitted by the three channels ofprivate broadcasting companies

• the television programs transmitted by the channels of public service broadcasting companies of the autonomousregions

• television programs transmitted by local television channels,if they so request


9Cable Telecommunications Act (Act 42/1995 of December 22, 1995).

Public Access Channels

Public access channels are channels on cable or satellite networks thathave been set aside for noncommercial public use such as educational,community, or public service programming. Broadcast law should en-sure the regulator is able to insist on the inclusion of public accesschannels as a condition of licensing a cable or satellite operator.


BOX 50. Germany: Must-Carry Obligations on Cable Networks

The Inter-State Agreement on Broadcasting Services (RStV)1 concludedbetween the sixteen German Länder set out the principles of must-carryarrangements on cable networks. Different rules apply on analog and dig-ital cable distribution networks.2

For analog cable networks, the application of must-carry rules andthe order of priority are determined by the regional broadcasting regula-tions, although the rules are similar from one region to another. In NorthRhine-Westphalia, for example, there is a requirement to carry publicbroadcasters throughout the region and to carry local broadcasting ser-vices within the dissemination area of the local broadcaster. If the cablecapacity is not sufficient to carry all other channels receivable the MediaAgency of North Rhine-Westphalia determines the priority according tocriteria that include plurality of programs, of special interests, and ofopinion, the extent to which events in the political, economic, social, andcultural domain are presented, and contribution to the cultural and lin-guistic diversity of the entire program offer.

For digital cable networks there is a common set of rules establishedwithin the framework of the Inter-State Agreement on Broadcasting Ser-vices. There is a general rule that broadcasts available in analog formshould be allocated digital channel capacity. In addition, the operator ofa digitized cable network must ensure:

• transmission capacity is reserved for the dissemination of broadcast-ers established under public law, including their program packagesor “bouquets”; and

• transmission capacity is available for regional and local televisionstations and for “open channels” licensed in the particular Länder.

1. Rundfunkänderungsstaatsvertrag, consolidated text Jan. 1, 2001, available at:http://www.artikel5.de/gesetze/rstv.html.2. The information on Germany and Spain in this section is based on Inventory ofEU Must Carry Regulations: A Report to the European Commission, Information SocietyDirectorate, 2001, available at: http://europa.eu.int/ISPO/infosoc/telecompolicy/en/OVUM-mustcarry.pdf.

BOX 51. United States: Public Access Channels and Cable Operators

Although no federal law requires public access channels to be carried onlocal cable networks, such channels may be required by agreements be-tween cable operators and local franchising organizations (normally localauthorities). In return for their use of local public rights of way (streets,highways, parks, etc.), cable operators agree to provide channel capacity,services, facilities, and equipment for public access, educational, andgovernmental (PEG) channels. The compensation rights given to the localfranchising authority can assist in providing access to the media for the localpopulation. Public access channels have built and maintained an extensivepresence in the United States as a result of the enabling legal framework ofthe Communications Act of 1934 and an extensive body of case law.

The legal framework is set out in Section 611 of the CommunicationsAct of 1934 (as amended by 1984, 1992, and 1996 acts) entitled “Cablechannels for public, educational or governmental use.” Section 611 statesthat “a franchising authority may establish requirements in a franchisewith respect to the designation or use of channel capacity for public, ed-ucational or governmental use.” Franchising authorities may require thecable network operators to provide services, facilities, or equipment forthe use of PEG channels. In accordance with the local franchise agreementthe cable operator or the franchising authority may adopt rules govern-ing the use of PEG channels; however, the Federal Communications Com-mission (FCC) specifies that these must not be content based. They mayinclude rules for allocating time between competing applicants “on a rea-sonable basis other than the content of the program.” They may also re-quire minimum production standards and that users undergo training.

PEG channels are editorially independent of the cable network oper-ator with very limited exceptions. Federal law provides, in Section 611(e)that: “A cable operator shall not exercise any editorial control over anypublic, educational, or governmental use of channel capacity providedpursuant to this section, except a cable operator may refuse to transmitany public access program or portion of a public access program whichcontains obscenity, indecency or nudity.” However, the Supreme Courthas determined that these powers are unconstitutional.1 The FederalCommunications Commission subsequently issued guidance in whichthe exception is further limited: “A cable operator may refuse to transmitany public access program or portion of a public access program that theoperator reasonably believes contains obscenity.”2

There have also been a number of court decisions that are supportiveof limiting local government interference in public access channels;3 how-ever, the legislative and regulatory framework for public access channelsremains weak in this respect.

1. FCC guidance on PEG channels, available at: http://www.fcc.gov/mb/facts/ pegfacts.html.2. Code of Federal Regulations (1997) 47 C.F.R. Section 76.702 Public Access.3. Norwood, James, Public Policy Update: Court Decisions and Legal Rulings, Spiegaland McDiarmad (2002), http://www.spiege/mcd.com/publications/default.asp.


Cable and satellite operators receive valuable public resource conces-sions that can be usefully linked to an obligation to provide public ac-cess channels. Cable operators require a right to lay extensivecommunications cabling under public rights of way while satelliteoperators require international radio spectrum allocation for trans-mission of their signal and access to orbital satellite paths or fixedgeostationary satellite positions. Orbital paths constitute an addi-tional finite resource that merits public compensation.

Obligating a cable or satellite operator to provide a proportion ofavailable capacity for public access channels is an effective means ofachieving public interest objectives in broadcasting, whether or notthere is a must-carry requirement to include particular channels.

The first public access television channels in Germany (OffenerKanale) started in 1984 and there are now more than 80 such channels.They are provided for within the powers of regional broadcastingregulation rather than at federal state level. Offener Kanale are oper-ated on a not-for-profit open access basis in which the program pro-ducer is legally and editorially responsible for the program that isaired. They are considered to be a contribution to freedom of expres-sion and media pluralism.

Offene Kanal Berlin,10 for example, provides fully staffed technicalfacilities. The staff are employed directly by the regional regulatorybody, Medienanstalt Berlin-Brandenburg (MABB).11 Advertising is notallowed, and program producers are obliged to ensure that their pro-grams conform with legal minimum standards. Airtime is offered toprogram producers on a first-come first-served basis. In those Länderwhere the regulatory body provides one or more open channels, apart of the license fee paid by viewers and listeners is reserved formeeting costs of provision.

10Offene Kanal Berlin website: http://www.okb.de.11Medienanstalt Berlin-Brandeburg website: http://www.mabb.de/.

189

Public Service Broadcasting11CH

AP

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R


• Public service broadcasters should be prescribed in law as bodies thatare editorially independent of government, serve the public interest,and are protected against political and commercial interference.

• The duty of a national public service broadcaster should be to servethe public interest in broadcasting throughout the territory and forthe whole of the population of the country in which it is established.

• The public service broadcaster should provide a wide range of inno-vative and high quality programs designed to educate, inform, andentertain the general public while taking account of ethnic, cultural,religious, and regional diversity.

• The public service broadcaster should be governed by an independentgoverning board with powers and duties set out in law. These should in-clude monitoring and ensuring compliance with public service dutiesand responsibilities, ensuring highest standards of probity and value formoney, and providing formal accountability to the general public.

• The appointments process for the governing board should be fair,open, transparent, and set out in law. It should be designed to ensurethe members have relevant expertise or experience and carry a di-versity of interests and opinions representative of society as a whole.

• The appointments process should not be dominated by any particu-lar political party or commercial interest, and the members appointedshould be required to serve in an individual capacity and to exercisetheir functions in the public interest at all times.

• Day-to-day management of the public service broadcaster should bethe responsibility of a chief executive officer appointed by the govern-ing board for a fixed term, whose tenure may be renewed. The chiefexecutive officer, along with his or her editorial staff, should have re-sponsibility for setting editorial policy and making editorial decisions.

• The public service broadcaster should be predominantly fundedfrom public funding through a funding mechanism designed to pro-tect its independence. It may raise additional revenues from directsubsidies, commercial activities, and donations.

Introduction

The relative merits of public service broadcasting institutions arewidely and vigorously debated. But it is generally accepted thatpublic service broadcasting has a particular role to play in meetingpublic interest objectives and contributing to media pluralism, andthat where broadcasting services are in public ownership theyshould be editorially independent of the state and the governmentof the day, managed in the public interest, and accountable to thepublic they serve. These principles form the basis for the recom-mendations of good practice in public service broadcasting set outin this section.

The BBC is perhaps the most famous of public service broadcasters.When granted editorial independence in 1926, the BBC’s guidingprinciples were nonprofit status, universality of service, unifiedcontrol, and the maintenance of high program standards.1 The edi-torial independence of the BBC is safeguarded by its Royal Charterand specifically guaranteed by a written agreement with the gov-ernment. Its economic base is secured through payment by viewersof a license fee. This has allowed it to produce a great variety ofhigh-quality programming designed to serve the public interest.Although appointments to the board of directors remain undergovernment control, the BBC operates largely free of day-to-daygovernment interference. Yet in times of war and other serious con-flict, the BBC has come under pressure to side with the government.In 2005 the director general of the BBC resigned, under pressurefrom the government, following an official inquiry into the death ofweapons expert, Dr. David Kelly, a key source for BBC reports ongovernment policy making in the period leading up to the war on Iraq.

Thus, maintaining editorial independence in practice remains achallenge even in those countries where it is accepted in principle andin law. As we have seen in Part I, in many countries editorial inde-pendence is too often only apparent, with no real independence fromgovernment and other interests.


1Peter M. Lewis and J. Booth, The Invisible Medium: Public, Commercial and CommunityRadio (London: Macmillan, 1989).

Funding is a key factor that influences independence and theability of public broadcasters to play a positive social role. Many pub-lic broadcasters face serious funding constraints. Audience fees,levied on television or radio receiver ownership, represent a stable, in-dependent, and often relatively rich source of funding. Where thisoption is not feasible, as in many developing countries, devising othereffective funding mechanisms is a central challenge for the sector.

The growth of private commercial broadcasting can also pose adeep challenge to the future of public service broadcasting. Incountries with traditions of public service broadcasting, openingup to commercial competition has led to declining audienceswhich, in turn, has led to pressure to reduce public subsidies; to“dumbing down” of programming, including the provision ofmore populist and less costly productions; and, in some cases, topartial or full privatization. Private broadcast owners have also at-tacked state aid to public service broadcasters, for example in theform of compulsory license fees levied on domestic receivers, as“unfair competition.”

In the face of these challenges, public service broadcasters andsome governments have mounted a vigorous defense of public servicevalues, notably achieving significant legal support in the AmsterdamProtocol to the Treaty on European Union, in the “audio-visualexemption” to the General Agreement on Trade in Services, and in theUNESCO Convention on Diversity of Cultural and Artistic Expres-sions. In some countries, such as Canada and the United Kingdom,citizens’ campaigns have emerged to defend public service broad-casters. These developments are indicative of the continuing rele-vance of the public service broadcasting model in an environment ofmedia pluralism.

Public service broadcasting has become a favored component inan evolving multisector broadcasting system in most transition coun-tries and a growing number of developing countries. Even so, it con-tends with major challenges: to achieve genuine independence andgain a secure financial base, all the while struggling to compete withcommercial broadcasting.

There is no standard definition of public service broadcasting, andmodels vary from country to country; however, there are some widelyaccepted characteristics. The 2000 report of the World Radio and Televi-sion Council, Public Broadcasting: Why? How? describes the principles of

Public Service Broadcasting 191

independent public service broadcasting as being universality, diversity,independence, and distinctiveness, and explains them as follows:

• It is accessible to every citizen, not merely in technologicalterms, but also in terms of the intelligibility of the programming.

• It demonstrates diversity in the genres of programs offered,the audiences targeted, and the subjects discussed.

• It is independent of commercial pressures and politicalinfluence. This includes editorial independence, protectionsfor freedom of expression, adequate, predictable, andindependent mechanisms of financing, and the independenceof governing bodies and the selection process for their boardsand chief executives.

• It not only produces types of programs and subject matterother services ignore and targets audiences others neglectbut, without excluding any genre, it aims to innovate, createnew genres, and set the pace in the audiovisual world.2

Other characteristics ascribed to public service broadcasting includea concern for national identity and culture, the impartiality as wellas the independence of programs, and its role in quality “standardsetting.”3

Among the most important issues in determining the quality, di-versity, independence, and distinctiveness of public service broad-casting are: the legal framework in which the broadcaster operates,including the powers and duties set down in law; the governancearrangements, including the process for appointment of the govern-ing board and the senior management staff; and the fundingarrangements. In the sections that follow, this chapter examinesthese and related issues and the approaches to implementation thatare best designed to assure an effective and high-quality public ser-vice broadcasting.


2World Radio and Television Council, Public Broadcasting: Why? How? (2000), quoted inMonroe E. Price and Marc Raboy, eds., Public Service Broadcasting in Transition (The Hague:Kluwer Law International, 2003), 2–4.3UNDP, Supporting Public Service Broadcasting: Learning from Bosnia and Herzegovina’s expe-rience (Bureau for Development Policy, 2004), available at: http://www.undp.org/governance/docs/A2I_Pub_PublicServiceBroadcasting.pdf.

Status and Independence

Public service broadcasters should be prescribed in law as bodiesthat are editorially independent of government, serve the publicinterest, and are protected against political and commercialinterference.

The status of public service broadcasters is normally defined by leg-islation setting out its duties, responsibilities, lines of accountability,and guarantees of editorial independence from government and pro-tection from political or commercial interference. These are definingcharacteristics of public service broadcasting. The governing legisla-tion provides the first means of assurance that the broadcaster willoperate in the public interest with public service objectives and ac-countability to the public.

The framework for public service broadcasting balances the prin-ciples of independence and accountability. Accountability of the pub-lic service broadcaster should be to the public, through Parliament. Ifthere is an independent regulator with responsibility over all ofbroadcasting, then accountability may be through the regulator.

In France, for example, the Conseil Superieur de l’Audiovisuel(CSA) evaluates how the public networks have fulfilled their obliga-tions under their terms of reference. In Canada, the Canadian Radio-television and Telecommunications Commission (CRTC) issueslicenses to the Canadian Broadcasting Corporation (CBC) and com-ments on how the CBC should carry out its responsibilities. The CBChas also created the post of Ombudsperson—a person to whom citi-zens direct their concerns and submit criticisms of CBC, for reviewand potential action and public dissemination of how the concernswere addressed.

In Georgia the creation of a public broadcasting company was arecommendation of the Council of Europe whose experts assistedGeorgian legislators in drawing up the Law on Broadcasting.4 Underthe terms of the law, passed in December 2004, the state-owned StateTV and Radio Broadcasting of Georgia was transformed into “GeorgianPublic Broadcasting,” an independent public corporation that oper-ates two television channels and two radio stations. Georgian Public


4Internews, “Broadcast Field in Georgia,” commissioned report (2006).

Broadcasting is governed by a board of trustees consisting of ninemembers who are appointed by Parliament for a period of six yearsand who in turn appoint the director general. The broadcaster isfunded from the state budget.

Duties and Responsibilities

The duty of a national public service broadcaster should be toserve the public interest in broadcasting throughout the terri-tory and for the whole of the population of the country in whichit is established. In particular, the public service broadcastershould provide a wide range of innovative and high quality pro-grams designed to educate, inform, and entertain the generalpublic, taking account of ethnic, cultural, religious, and re-gional diversity.

The mandate of the public service broadcaster should be set out inlaw and may include a range of duties and responsibilities designedto serve the public interest, such as:

• provide comprehensive, balanced, and impartial news andcurrent affairs programs, including national and internationalaffairs of general public interest;

• provide programming of wide appeal as well as specializedprogramming;

• contribute to national identity while also reflecting culturaland regional diversity;

• give a voice to minority groups, including minoritylanguages;

• provide a reasonable proportion of educational programs;

• provide a reasonable proportion of programs for children; and

• promote program-making by in-country producers, includingregional production.

Context strongly influences what particular programming is most ap-propriate to each public service broadcaster’s mission. However,some general approaches to programming are commonly taken to bethe duty of most public service broadcasters: to maintain balance and


impartiality; to include general interest programming as well as newsand current affairs; to promote the arts and culture; to have significant“in-house” production capacity to allow it to provide programs of di-versity, uniqueness, and quality; and to reflect the ideas, opinions, andvalues of the society and nation that it serves.

The Chilean public television, TVN (Televisión Nacional de Chile),is widely considered to be a leading example of public service broad-casting in Latin America. Although it commenced in 1969 as a statebroadcaster TVN was transformed in 1992, following the country’sreturn to democracy, into an autonomous public channel obliged tobe pluralistic and representative and to operate on a self-financed ba-sis. It aims:

• to promote national culture, identity, and values in all theirdiversity;

• to be plural and objective in the representation of thecultural, social, economic, religious, and political realities ofthe country;

• to be independent of the diverse powers that act in society;

• to connect to Chileans throughout its territory and Chileanswho live abroad; and

• to represent all Chileans in their social, cultural, and religiousdiversity.

Finland is a good example of how legislation governing public servicebroadcasting can address the needs and interests of persons belong-ing to minorities.5 Section 7 of the Act on Yleisradio Oy (Finnish Broad-casting Company), as amended in 2005,6 describes the duties of thepublic service broadcaster in the following terms:

The company shall be responsible for the provision of com-prehensive television and radio programming with the re-lated additional and extra services for all citizens under equalconditions. These and other content services related to public


5Case study provided by Tarlach McGonagle, commissioned paper (2006).6Act on the Amendment of the Act on Yleisradio Oy, Act No. 635/2005 of August 19, 2005,available at: http://www.finlex.fi/en/laki/kaannokset/1993/en19931380.pdf.

service may be provided in all telecommunications networks.The public service programming shall in particular:

1. support democracy and everyone’s opportunity to partici-pate by providing a wide variety of information, opinions,and debates as well as opportunities to interact;

2. produce, create, and develop Finnish culture, art, and in-spiring entertainment;

3. take educational and equality aspects into consideration inthe programs, provide an opportunity to learn and study,give focus on programming for children, and offer devo-tional programs;

4. treat in its broadcasting Finnish-speaking and Swedish-speaking citizens on equal grounds and produce services inthe Sami, Romany, and sign languages, as well as, whereapplicable, in the languages of other language groups inthe country;

5. support tolerance and multiculturalism and provide pro-gramming for minority and special groups;

6. promote cultural interaction and provide programming di-rected abroad; and

7. broadcast official announcements, for which further provi-sions shall be issued by decree, and make provision for tele-vision and radio broadcasting in exceptional circumstances.

In concrete terms, these amendments aim to promote democratic val-ues and practices, as well as participatory and interactive opportuni-ties, and thus support tolerance, multiculturalism, and programmingfor minorities and special groups. Taken together, they are very im-portant for fostering intergroup understanding and societal cohesion.Cultural and educational goals are also likely to benefit minorities,and the various language provisions will certainly do so.

In Mali, the focus was developing quality programs, promotingpluralism, and culture, and extending coverage.7 After the 1991 revo-lution, a contract of service was established between the governmentand the Office de radiodiffusion et de télévision du Mali (ORTM ) definingthe public service obligations of the ORTM. A 1996 Decree (no. 96-284taken on October 23) commits ORTM to devoting at least 80 percent


7Alimany Bathily, unpublished report commissioned for the World Bank (2005).

of its radio programming and 60 percent of its television program-ming to public service content. It also commits ORTM to progres-sively extending radio coverage of 65 percent of the country in 2003to 100 percent in 2015 and to extend television coverage from 35 per-cent to 75 percent in the same period. The governing board of theORTM specifies its mandate as follows:

1. Develop radio and television programs in line with the ob-jectives of the economic, social, and cultural developmentobjectives of the country.

2. Promote the use of national languages; promote science,technology, and the protection of the environment.

3. Develop entertaining programs based on quality shows.

4. Promote pluralist, civic, and useful information.

5. Produce magazines and live reporting, debates, and investi-gations.

Specific social and development objectives of ORTM include: to com-bat poverty; to increase the literacy rate; to contribute to healthawareness and the development of health services; to strengthen for-mal education, including adult education; and the de-marginaliza-tion of geographically isolated communities. The ORTM network iscomprised of one national television service, two FM stations broad-casting from the capital city Bamako, ten regional FM stations basedin the regional capitals, and about thirty “rural stations.”

Governance

The public service broadcaster should be governed by an indepen-dent governing board with powers and duties set out in law andwhich include monitoring and ensuring compliance with publicservice duties and responsibilities, ensuring highest standards ofprobity and value for money, and providing formal accountabilityto the general public.

Governance arrangements must balance two principles: indepen-dence and accountability. This can be achieved through variousarrangements. The usual one involves an independent governingboard, whose members are appointed in a fair and transparent man-ner, with the involvement of civil society. In turn, the chief executive


is responsible only to the board, rather than the government, and theboard is responsible for approving the budget and all general poli-cies, and appointing the most senior executive officers. In this way,the board and its chairperson serve as a buffer between managementand government.

The powers of the governing board in exercising its duties shouldinclude:

• the power to appoint and remove all senior staff;

• the power to set the overall strategy and to propose thebudget;

• the power to determine internal policies; and

• the power to undertake internal audit.

In exercising its powers, the governing board should not interferewith day-to-day management or with the editorial independence ofthe chief executive and his or her staff. The governing board shouldbe responsible for preparing an annual report and should be formallyaccountable to the public through a multiparty body such as the par-liament or a parliamentary committee in which all major parties arerepresented.

The Australian Broadcasting Corporation (ABC), for example, isgoverned by a board of directors established under the ABC Act. Itsduties include:

a. to ensure that the functions of the corporation are per-formed efficiently and with the maximum benefit to thepeople of Australia;

b. to maintain the independence and integrity of the corpora-tion; and

c. to ensure that the gathering and presentation by the corpo-ration of news and information is accurate and impartial ac-cording to the recognized standards of objective journalism.

The board is also obliged to ensure that the ABC complies withrelevant legislation. The federal government of Australia has ulti-mate legislative control over the ABC and has control over the an-nual public grants on which the ABC depends. The ABC is notsubject to direction by the government except in relation to thebroadcasting of matters of national interest or as provided for inother legislation. But particulars of each such broadcast must be


contained in the ABC annual report. It must also include codes ofpractice, details of any gift, device, or bequest accepted during theyear, any advice received from the advisory council, a summary ofthe activities of the community affairs officers, and any actionstaken in response to complaints.

A different arrangement exists in South Africa. The South AfricanBroadcasting Corporation (SABC) is governed by a board of direc-tors, established under the Broadcasting Act of 1999, which is the ac-countable authority for SABC and controls their affairs. It appoints anexecutive committee consisting of the chief executive and elevenother members to administer the affairs of the corporation. The exec-utive committee is accountable to the board.

The Independent Communications Authority of South Africa(ICASA) is a broadcast regulatory body, which itself has constitu-tionally guaranteed independence, and significant regulatory powerswith regard to the SABC. The Broadcasting Act of 1999 gives ICASAoverall responsibility for ensuring that it complies with the terms ofits charter. The act requires all broadcasting SABC services to be li-censees of ICASA. In addition, all broadcasters, including SABC,must comply with the ICASA Code of Conduct, set out in the Inde-pendent Broadcasting Authority Act of 1993.

Formal accountability of the SABC is to Parliament through theminister. The SABC board furnishes the minister with an annual re-port on its work, together with a balance sheet and a complete state-ment of revenue and expenditure for that financial year. Financialaccounts must be audited and accompanied by the auditor’s report.The minister tables the report in Parliament, within seven days afterreceiving it.

Membership of the Governing Board

The appointment process for the governing board should be fair,open, transparent, and set out in law. It should be designed to en-sure the members have relevant expertise or experience and carry adiversity of interests and opinions representative of society as awhole. It should not be dominated by any particular political partyor commercial interest, and the members appointed should serve inan individual capacity and exercise their functions in the publicinterest at all times.


The appointment process of the government board cannot guaranteethat a governing board will be free from partisan influence and undue pressures and suitably diverse in nature. But it can help toavoid some of the pitfalls.

Governing board members should be appointed for a fixed termand protected from dismissal during this term unless they cease tomeet explicit conditions of eligibility for office or fail to discharge theirresponsibilities as set out in law. Rules of eligibility for membership ofthe board of governors should be clear and explicit, to avoid incom-patibility with the responsibilities of office. The diversity of the boardshould take account of the desirability of reflecting different regionaland cultural backgrounds and achieving a fair balance of women andmen. Certain groups should be precluded from membership:

• employees in the civil service or other branch of government;

• officeholders or employees of a political party;

• elected or appointed members of the government;

• elected or appointed members of the legislature;

• employees of, or those with financial interests in,broadcasting or communications; and

• those convicted, after due process in accordance withinternationally accepted legal principles, of a violent crime ora crime of dishonesty unless a period (e.g., five years) haspassed since the sentence was discharged.

The presence of appropriate expertise on the governing board is use-ful, with knowledge of broadcasting, public service, management,and other relevant matters.

A few examples illustrate some variations:

• The Australian Broadcasting Corporation (ABC) is governedby a board of directors who are appointed and hold office un-der the terms of the Australian Broadcasting Act of 1983. Theboard consists of a managing director who is appointed by theboard for a 5-year term and between six and eight other direc-tors who are appointed by the governor general. In appointingthe directors, account is taken of their experience relating tothe provision of broadcasting services, experience in commu-nications or management, expertise in financial or technical


matters, and cultural or other interests relevant to the over-sight of a public service broadcasting organization.

• NHK (Japan Broadcasting Corporation), Japan’s sole publicbroadcaster, is governed by a board of governors consisting oftwelve people who are appointed by the Prime Minister andapproved by both Houses of the Diet on behalf of the Japanesepublic. They are selected to bring a broad range of experienceand expertise. The board of governors is the decision-makingbody for every important matter of management policy andoperation, including the annual budget, operational plan, andbasic programming policy.

• Lithuanian Radio and Television (LRT) is governed by the Lithua-nian Radio and Television Council (LRTT), consisting of twelvemembers representing diverse backgrounds. The law on LRT,adopted in 1996, requires that four of the members be appointed bythe president of the Republic, four by Parliament, including twomembers from candidates recommended by opposition parties,and the remaining four by civil society organizations, namely theLithuanian Science Council, the Lithuanian Board of Education,the Lithuanian Association of Art Creators, and the LithuanianCongregation of Bishops. All must be “prominent individuals inthe social, scientific and cultural spheres.” LRTT members cannotbe members of Parliament, the government, or of the LRTK, thebroadcast regulatory body. They are appointed for a period of sixyears and may serve a maximum of two terms. Initial appoint-ments to the LRTT in 1996 were staggered so that not all membersare replaced at the same time and the appointments do not coincidewith the electoral cycle. The council has strongly resisted attemptsby politicians to interfere in its activities.

Director General

Day-to-day management of the public service broadcaster is the re-sponsibility of a chief executive officer appointed by the governingboard for a fixed term, whose tenure may be renewed. He or she,along with editorial staff, has responsibility for setting editorialpolicy and making editorial decisions.


The chief executive is responsible for management within the frame-work of the overall duties and responsibilities of the public servicebroadcaster, the strategy approved by the board of governors, thebudget, and the internal policies currently in force. In the perfor-mance of his or her duties, the chief executive may seek or accept in-structions only from the governing board, except as provided by law,and has final responsibility in relation to all editorial decisions.

Variations often depend on the local circumstances. For example:

• A director general of the BBC is appointed by the BBC Board ofGovernors, and in turn appoints nine other executive direc-tors, who make up the BBC Executive Board responsible foroperational management and editorial decisions.

• In the German regional public service broadcasting system,grouped together in the ARD (Association of Public ServiceBroadcasters in Germany), a director general is appointed byits regional broadcasting council to each public service broad-caster. The normal term of office of the director general is fouryears and the contract may be renewed.

• The president and chief executive officer of the KoreanBroadcasting Service is appointed by the president of Koreabut on the recommendation of the board of governors. Theexecutive vice president is appointed by the president/CEOwith the consent of the board of governors, while the man-aging directors are appointed by the president/CEO. Theterm of the president/CEO and of other members of the ex-ecutive body is 3 years. The officeholders are eligible forreappointment.

• The affairs of the Australian Broadcasting Corporation (ABC)are managed by the managing director, who must act in accor-dance with any policies determined, and any directions givento him or her by the ABC Board. The managing director is ap-pointed by the board for a period of five years and is eligiblefor reappointment for a further five years. The ABC Act in-cludes a requirement that the remuneration of the managingdirector be determined by the Remuneration Tribunal and thathe or she not take part in a meeting of the board at which theappointment or terms and conditions of employment of themanaging director are discussed.


Funding

The public service broadcaster should be predominantly fundedfrom public funding through a funding mechanism designed to pro-tect its independence. It may raise additional revenues from directsubsidies, commercial activities, and donations.

The mechanisms by which public service broadcasting is funded are ofcritical importance both to its independence and to the quality of itsoutput, but they are often among the most difficult ones to get right.The financing system must be insulated from political pressures, per-mit some form of accountability, and be sufficiently predictable to al-low for the multiyear investments that the public service broadcasterneeds to make to deliver on its mandate.

A variety of financial models are used to provide the principalpublic funding mechanism. These include a household levy (a licensefee), direct government funding, a levy on commercial broadcasting,and advertising. The amount of public funding for the sector variessignificantly even between countries with strong public broadcasters.One study looked at financing of the sector in eighteen developedcountries and found that on average public broadcasters receivedUS$80 equivalent per year per resident, but the figure ranged from ahigh of $154 in Switzerland to a low of $5 in the United States. Amongothers included in the study were Germany ($134), UK ($124), Finland ($111), Ireland ($67), Australia ($44), Spain ($36), and Canada($33).8 However, developing countries in particular, confronted witha tax base overstretched across many priorities, a low household in-come for most of the population (though often a wealthy middleclass), and limited media advertising markets, will probably have tolook beyond the obvious to determine potential sources of income.

Any model chosen strives to both guarantee independence andensure an adequate financial base for the fulfillment of its duties andresponsibilities. There are pros and cons to the current options. Directgovernment funding entails a risk of government interference.


8Analysis of Government Support for Public Broadcasting and Other Culture in Canada,prepared for the Canadian Broadcasting Corporation by the Nordicity Group (2006),available at: http://www.cbc.radio-canada.ca/submissions/crtc/2006/BNPH_2006-5_CBC_RC_Public_Broadcaster_Comparison.pdf.

Overdependence on advertising subjects the public broadcaster tosome of the same pressures as commercial broadcasters, which canundermine its scope to develop diverse informational programmingand in-depth news coverage.

The household levy is usually based on a license fee for owner-ship of a television or radio receiver. Other means of collecting re-ceipts from households include a levy linked to electricity supply.The fee may operate as a flat rate per household or may be progres-sive and linked to the ability to pay. The advantage of this form ofparafiscal arrangement is that the revenues can be collected and dis-tributed to the broadcaster by an independent collection and distri-bution body in a manner that further assures the operationalindependence of the broadcaster. On the other hand it can be costlyand difficult to collect a household levy and it may be politically un-popular to introduce one for the first time.

NHK (Japan Broadcasting Corporation), Japan’s sole public broad-caster, is financed by the receiving fee paid by each household thatowns a television set. Germany’s regional public broadcasters,grouped together in the ARD (Association of Public Service Broadcast-ers in Germany), are similarly funded almost entirely by the license fee.In Ireland, the main public broadcaster, RTÉ, receives license fee rev-enues, but this is supplemented by advertising sales, sponsorship,charges for the facilities and transmission network, program sales,merchandising, and related revenue. The Chilean public service broad-caster, TVN, is funded almost entirely through advertising.

Estonia developed a model for financing public service televisionby means of fees collected from private broadcasters. Launched in1998 it was widely praised for allowing the public service broadcasterto shift its focus away from commercial and toward cultural pro-grams while also diverting advertising funding toward private sta-tions. (The failure of a private television station to pay its annualcontribution on time led to its withdrawal in 1999—suggesting aweakness in regulation.)8

Depending on the proportion of revenue raised through a guaran-teed public funding mechanism, the public service broadcaster may besubject to certain restrictions on its power to raise funds from othersources, in particular from commercial sources. Such restrictions maybe designed to protect the character of the service as a public service orto ensure fair competition with commercial broadcasting services.


8OSI 2005, 59.

For example, the British Broadcasting Corporation (BBC) isfunded almost entirely through the collection of television receiverset license fees. The BBC is precluded from selling advertising orsponsorship in its broadcasts, but it has an expanding portfolio ofcommercial business activities mainly based on the commercial ex-ploitation of BBC programs, other assets, and skill base. The BBCWorld Service is separately funded.

In France, too, advertising revenues are strictly controlled withan overall limit set by Parliament. French public service broadcasting,consisting of six national programming companies and a publiclyfunded satellite channel, gets about 70 percent of its income from theannual license fee on television owners. The remainder is derivedmainly from sale of advertising and program sponsorship. The li-cense fee is set annually by Parliament as is the distribution of the feebetween the national programming companies and other institutionswith functions related to broadcasting. The proportion of the annualexpenditure met by the license fee varies between program compa-nies from around 50 percent for France2, to nearly 100 percent for Ra-dio France Internationale and the European satellite channel, LaSept-ARTE. The most popular channels derive a larger proportion oftheir revenue from advertising.

But the television license fee is not a guaranteed solution. InGhana, for example, the license fee has remained at a static level formany years due to the reluctance of politicians to vote for an increase.The effects of inflation have served to reduce the value of the licensefee collected to a very low level that barely exceeds the costs of col-lection and is insufficient to fund Ghana Broadcasting Corporation(GBC), the public broadcaster. This has led to a growing dependenceon commercial revenue sources and reduction in investment in qual-ity program making. Some countries, to prevent this, have institutedautomatic fee adjustments based on the cost-of-living index.


Community NonprofitBroadcasting12C

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• Community broadcasting should be recognized in law as a distincttype of broadcasting to be supported and encouraged through spe-cific and explicit licensing arrangements that guarantee fair and equi-table access to radio spectrum for civil-society and community-basedorganizations.

• Community broadcasting can be defined as independent broadcast-ing that is provided by and for the members of a community in aparticular geographical location or that belongs to a particular com-munity of interest. Its primary purpose is to deliver social benefitand not to operate for private commercial profit. It should be ownedby and accountable to the community that it seeks to serve and itshould provide for participation by the community at all levels.

• Licensing processes for community broadcasting should be fair, open,transparent, and set out in law and should be under the responsibilityof an independent licensing body. Criteria for application and selectionshould be established openly and in consultation with civil society.

• License terms and conditions for community broadcasting should beconsistent with the objectives of broadcast regulation and be designedto ensure that the community broadcasting service characteristics areprotected and maintained for the duration of the license period.

• Community broadcasting services should have access to a diversity offunding sources according to local circumstances. There should be norestrictions on funding sources other than those deemed necessary tomaintain the character of the service and to avoid unfair competition.

• Community broadcasting may be supported by public funding,including direct public subsidies. Where there is a regular andguaranteed system of public funding this should be fair, open,and transparent in its administration and under the responsibilityof an independent public body.

IntroductionCommunity broadcasting refers to broadcast media that are inde-pendent and civil-society–based and that operate for social objectivesrather than for private financial profit. They are run by community-based organizations, local nongovernmental organizations, workersorganizations, educational institutions, religious or cultural organi-zations, or associations comprised of one or more of these forms ofcivil society organization.

Community broadcasting was initially developed, often withoutstate authorization, by social movements and community-based or-ganizations seeking to express their own issues, concerns, cultures,and languages, and to create an alternative both to public broadcast-ers, who were often under government control, and to private com-mercial media. There is no single definition of communitybroadcasting, and there are almost as many models as there are sta-tions. Each community broadcasting initiative is a hybrid, a uniquecommunication process shaped by its environment and the distinctculture, history, and reality of the community it serves. Indeed theterm community broadcasting is applied to a wide range of noncom-mercial initiatives, including rural, cooperative, participatory, free,citizens’, alternative, popular, and educational broadcasting. Com-munity radio stations are located in isolated rural villages but also inthe heart of the largest cities, and the communities they represent andserve may be geographically defined as the residents of a given town,or they may be defined by shared cultural, linguistic, or other inter-ests. Depending on the nature of the community, the broadcast signalmay reach only a kilometer, cover a whole country, or be carried onthe Internet to community members on the other side of the world.

Community broadcasting, and particularly radio, can provide com-munities with access to information and voice, facilitating community-level debate, information sharing, and input into decision-making.Community broadcasting is also a process that engages the communityin capacity building and empowering activities. If public broadcastingis a window through which viewers and listeners can understand theircountry and the world, then community broadcasting is a mirror thatreflects a community’s own knowledge and experience back at it and in-vites the community to know itself, to engage in dialogue, to find solu-tions to its problems, and to develop agendas for action.

Community Nonprofit Broadcasting 207

As we have seen in Part I, community broadcasting is gainingrecognition as an essential component of a pluralist media landscape,particularly for its role in giving access to voice and information, andpromoting participation among communities and groups facing so-cial and economic exclusion. In 2003, for example, the Ninth UnitedNations Roundtable on Communications for Development referredto community media in the following terms:

Governments should implement a legal and supportiveframework favoring the right to free expression and theemergence of free and pluralistic information systems, in-cluding the recognition of the specific and crucial role of com-munity media in providing access to communication forisolated and marginalized groups.1

A growing number of countries do make explicit provision for com-munity broadcasting in their broadcast law and/or in publisheddecisions of the regulatory body responsible for broadcasting. Typi-cally this framework describes the characteristics of communitybroadcasting and sets out the arrangements for licensing and fund-ing. Legal and regulatory provision for community radio is morewidespread than for community television. In some countries theframework for community broadcasting includes both radio and tel-evision, whereas in others there are separate arrangements for each.

A number of studies have compared and evaluated the policy, le-gal, and regulatory frameworks that are most conducive to enablingcommunity broadcasting to flourish.2 From this diverse and wide-spread experience some characteristics of good practice in law andregulation can be identified. In the sections that follow, the elementsof good practices in regulation of community broadcasting are dis-cussed in more detail.


1Ninth United Nations Roundtable on Communications for Development (Rome,September 2004).2E. Price-Davies and J. Tacchi, Community Radio in a Global Context: A Comparative Analysisin Six Countries (Sheffield: Community Media Association, 2001) Sanchez, G. C., Legisla-tion on Community Radio Broadcasting: A Comparative Study of the Legislation of13 Countries (Paris: UNESCO 2001) AMARC-LAC, Best practices on community broad-casting regulatory frameworks—a comparative study regulatory and legal frameworksand national policies in 14 countries, unpublished draft report (Montevideo, Uruguay:AMARC-LAC 2006).

Recognition and Differentiation

Community broadcasting should be recognized in law as a distincttype of broadcasting to be supported and encouraged through spe-cific and explicit licensing arrangements that guarantee fair andequitable access to radio spectrum and to economic resources.

Clear and explicit legal and policy recognition of community broadcast-ing as a distinct sector is desirable since policies relevant to communitybroadcasting differ from those relevant to other sectors, such as those re-lating to its economic base, its forms of accountability and participation,and its relationship to the community. The fair distribution of radio spec-trum, a valuable and scarce resource, requires special mechanisms toreach beyond commercial and public service allocations and to guaran-tee access for civil society and community-based organizations.


BOX 52. Mali: Building a Diverse Radio Landscape

As in most West African countries, broadcasting in Mali has traditionallybeen a state monopoly with the ORTM (Office de Radiodiffusion auTelevision de Mali) broadcasting from the capital to the entire country.

Following the introduction of multiparty democracy in 1991, Maliformally allowed private radio and television stations and adopted one ofthe most democratic broadcast laws in Africa. Within a few years dozensof private radio stations, both commercial and community, were estab-lished, most of them local stations.

Fifteen years ago the state monopoly broadcaster (ORTM—Office deradiodiffusion et de télévision du Mali) broadcast programming primarilyproduced in Bamako, and primarily in French, via repeater transmittersacross the country. Now Mali has one of the strongest and most diverseradio systems in Africa, with as many as 300 radio stations broadcastinglocal programming throughout the country in more than a dozen locallanguages.

One reason for the growth of the sector is the lack of bureaucratic andfinancial hurdles to obtaining a license. There are no license fees to estab-lish a radio station in Mali and the only requirements are that you beMalian and that you fill out a simple form. The form is sent to the ConseilSuperieur de la Communication (CSC), which checks frequency availabilityand technical integrity of the proposal by informing the Comité de Regula-tion de Telecommunication. If the proposal is technically sound and the re-quested frequency is available, the radio station is allowed to use it. Eachyear, a frequency allowance of about US$20 is paid by each radio station.

Community radio (servicio comunitario de radiodifusión sonora) hasreceived such recognition in Colombia since 1995 by successive pres-idential decrees. The most recent3 provides a clear definition andpermits the licensing of community radio on AM and FM. InVenezuela community broadcasting is recognized in the Ley Orgánicade Telecomunicaciones 2000 and the Regulation No. 1521 of 2002 (servi-cio de radiodifusión sonora y televisión abierta comunitarias de serviciopúblico sin fines de lucro).

Mali was the first country in Africa to enable the licensing of com-munity broadcasting through a general provision for private broad-casting services.4 The Malian regulatory body, the Conseil Superieur dela Communication, provides for a specific licensing category of com-munity radio defined as “not for profit and owned by local commu-nities.” Within a few years of opening the airwaves there, hundredsof independent and community radio stations had been establishedthroughout the country, largely aided by the decision to eliminate fi-nancial and bureaucratic hurdles.5

In South Africa, the Independent Broadcasting Authority Act of1993 set out an explicit licensing framework for community broad-casting, now superseded by similar provisions in the Electronic Com-munications Act of 2006. The South African Broadcasting Act of 1999includes additional provisions for licensing community broadcastingservices in South Africa. The Declaration of Principles on Freedom ofExpression in Africa, adopted by the African Commission on Humanand People’s Rights in 2002, calls on African states to ensure: “an eq-uitable allocation of frequencies between private broadcast uses, bothcommercial and community” and that “Community broadcastingshall be encouraged given its potential to broaden access by poor andrural communities to the airwaves.”6

It should be noted that achieving an equitable allocation of fre-quencies will usually require laws and regulations that differentiate


3Presidential Decree No. 1981 of 2003, available at: http://www.mincomunicaciones.gov.co/.4Presidency of the Republic of Mali (2002) Décret no. 02-22 7 /P-RM du 10 mai 2002 portant statut des services privés de radiodiffusion sonore par voie hertzienne terrestre et modula-tion de fréquence.5A sample application is available online at: http://urtel.radio.org.ml/IMG/doc/Cahier_de_charges.doc.6African Commission on Human and People’s Rights (2002) Declaration of Principles onFreedom of Expression in Africa, adopted at the 32nd Session (Banjul,October 17–23, 2002).

between community and commercial broadcasting and that specifi-cally encourage community broadcasting and take their social objec-tives and noncommercial nature into account. For example, Mali,Venezuela, and Colombia reduced or waived license fees for non-commercial radio and implemented simplified license applicationprocedures. It is equally important to use appropriate criteria forevaluating community broadcast applications.

Recognition and differentiation of community broadcasting in lawand regulation are desirable features but not in themselves sufficientconditions of good practice. Indeed, in some cases, the legal frameworkhas been operated as a means to limit the viability or influence of com-munity broadcasters by, for example, imposing excessive constraintson transmission power or unreasonable limitations on sources of fi-nance. The Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights addressed this problem in its2002 annual report: “Given the potential importance of these commu-nity channels for freedom of expression, the establishment of discrim-inatory legal frameworks that hinder the allocation of frequencies tocommunity radio stations is unacceptable.”7 It is essential thereforethat the legal and regulatory framework also offers fair and equitableaccess to frequencies and also to economic and other resources.


BOX 53. United States: Noncommercial Radio Licenses

In the United States, community broadcasting has its roots in a historicdecision of the Federal Communications Commission in 1945 to reserve20 percent of the FM radio spectrum (from 88.0 to 92.0 MHz) for nonprofitservices.1 The first nonprofit radio services in the United States werelimited to educational institutions, but the launch in 1949 of KPFA inBerkeley, California, marked the beginning of a wider opening forcommunity radio. Today, over 2,500 licenses have been issued to non-commercial FM radio services and around 400 licenses to noncommercialpublic and educational television services.

1. Federal Communications Commission (1945) Allocation of Frequencies to theVarious Classes of Nongovernmental Services in the Radio Spectrum from 10 Kilocycles to 30,000,000 Kilocycles, Docket No. 6651 (June 27, 1945).

7Annual Report of the Special Rapporteur for Freedom of Expression, p. 128, 2002, avail-able at: http://www.cidh.org/Relatoria/showarticle.asp?artID=138&lID=1.

Definition and CharacteristicsCommunity broadcasting can be defined as independent broadcast-ing that is provided by and for the members of a community in aparticular geographical location or belonging to a particular com-munity of interest. Its primary purpose is to deliver social benefitand not to operate for private commercial profit. It should be ownedby and accountable to the community that it seeks to serve and itshould provide for participation by the community in the making ofprograms and in management. There should be no a priori or un-reasonable limitations on the extent of coverage, transmissionpower, or the nature of the community to be served.

Community broadcasters are independent media operated for socialpurposes by not-for-profit organizations. They should not face anycontent restrictions beyond those that legitimately apply to all broad-cast media. They have a responsibility to respond to the issues, expec-tations, and proposals of their community, in all their diversity, and arecommitted to enabling and promoting participation at all levels.

The right to establish community broadcasting services should beavailable for community-based organizations and other civil societygroups in rural and urban areas and for geographical and interest-basedcommunities. They should not face a priori or arbitrary limitations ontransmission power or coverage area, nor should they be reserved ex-clusively for particular social groups or communities, rural or urban.

Characteristics that should be included in any legal or regulatorydefinition of community broadcasting—and derived from countrieswhere specific licensing arrangements for community broadcastingare in place—include requirements that they:

• remain independent of the government and of commercialorganizations;

• serve specific communities, either geographical orcommunities of interest;

• have ownership and management representative of thatcommunity;

• operate for purposes of social benefit rather than privatefinancial profit; and

• enable participation by the community in program-makingand management.


These characteristics form the basis for a legal or regulatory definition.The regulatory framework, including the terms and conditions of licensing, should require that these characteristics are respected, whileallowing flexibility for the broadcaster to adapt its service to best meetthe needs and conditions of the community it is intended to serve.

The independence of the service means that it should not be di-rectly or indirectly controlled by any body of central or local govern-ment or face undue influence by such bodies through ownership orfunding. It should also be independent of commercial interests, andno commercial broadcaster or other commercial entity should be ableto own or otherwise exercise effective control over the service.

The community orientation of the service means that it providesprogramming intended to serve one or more communities and that itpromotes and supports participation by members of the community inits operation and management. This should include measures to ensurethat the provider of the service is accountable to the community it serves.

The characteristic of operating for purposes of social benefitmeans that any profit from operations is used wholly and exclusivelyfor securing the future provision of the service or for the delivery ofsocial gain to the members of the public or community that it is in-tended to serve. Social benefit means the achievement of objectivesthat contribute to the social and economic well-being of the commu-nity served. These may include:

• the provision of access to broadcast facilities by the community;

• the encouragement of dialogue, opinion, and expression;

• the improvement of access to information and knowledge;

• the provision of education or training for members of thecommunity;

• the promotion of inclusion of and access by disadvantagedgroups;

• the promotion of cultural and linguistic diversity;

• the promotion of equality between men and women;

• the promotion of the rights of children and young people;

• the promotion of civic participation and volunteerism;

• the promotion of employment and work experience; and

• the promotion of sustainable social and economic development.


In practice there are significant variations in the definitions of community broadcasting, but most definitions include some or all ofthese characteristics. The Canadian Radio-television and Telecom-munications Commission (CRTC) regulates broadcasting in Canadaand defines community radio in Public Notice CRTC 2000-13 asfollows:

A community radio station is owned and controlled by a not-for-profit organization, the structure of which provides formembership, management, operation and programming pri-marily by members of the community at large. Programmingshould reflect the diversity of the market that the station islicensed to serve.8

The African Charter on Broadcasting, adopted in 2002 by media prac-titioners and freedom of expression advocates from all over Africa,has become a widely referenced statement of good practice. Itincludes the following definition:

Community broadcasting is broadcasting which is for, by andabout the community, whose ownership and management isrepresentative of the community, which pursues a social de-velopment agenda, and which is non-profit.9

Policy guidelines adopted by the Indian government in 2006 statethe following:

An organisation desirous of operating a Community RadioStation (CRS) must be able to satisfy and adhere to the fol-lowing principles:

a. It should be explicitly constituted as a “non-profit” organi-sation and should have a proven record of at least threeyears of service to the local community.

b. The CRS to be operated by it should be designed to serve aspecific well-defined local community.

c. It should have an ownership and management structurethat is reflective of the community that the CRS seeks to serve.


8Public Notice CRTC 2000-13.9The African Charter on Broadcasting was adopted in Windhoek, Namibia, in May 2001.

d. Programmes for broadcast should be relevant to the educa-tional, developmental, social and cultural needs of thecommunity.

e. It must be a Legal Entity, i.e., it should be registered (underthe registration of Societies Act or any other such act rele-vant to the purpose).10

The requirement to be an NGO with three years of community serviceis intended to gauge an applicant’s level of community involvementand support. But it is a burden to innovative projects and excludesapplications from associations formed specifically to operate a com-munity radio, regardless of the experience the members of the newassociation might have. A better way of achieving this is found inColombia and Venezuela, which require that the applicant demon-strate that it has the support of established organizations in the com-munity rather than the history of the legal entity making theapplication. However, in other respects this statement of principles isconsistent with a good practice definition.

In South Africa, the Broadcasting Act number 4 of 1999 states thatcommunity broadcasting license holders for radio and television: mustdemocratically elect a board from members of the community; must re-flect their cultural, religious, language, and demographic needs; mustprovide a unique and diverse service, including a focus on grassrootscommunity issues such as developmental, health care, and environ-mental affairs; and must promote a common sense of purpose. All sur-plus funds must also be reinvested for the benefit of the community.11

Licensing ProcessLicensing processes for community broadcasting should be fair, open,transparent, and set out in law and should be the responsibility of anindependent licensing body. Criteria for application and selectionshould be established openly and in consultation with civil society.

Licensing is necessary to ensure fair and equitable access to a limitedresource, the radio spectrum. Licensing of community broadcastingshould normally be separate from licensing of commercial broadcasting


10Government of India, Ministry of Information and Broadcasting (2006) Policy guidelinesfor setting up Community Radio stations in India (updated December 4, 2006).11Broadcasting Act number 4 of 1999, Section 32.

services, and sufficient broadcast spectrum ring-fenced for communityservices. Allocation of spectrum and licenses to community broad-casting should be a straightforward and transparent process, respon-sive to demand from community-based organizations that meet thecharacteristics set out in the definition. There should be no unneces-sary obstacles to communities seeking a license, and the processshould be independent of political interference. Licensing shouldconsider issues of community participation, ownership, and opera-tion and its social purpose.

The process of applying for a license should be set out clearly inlaw. This may take the form of a call for applications for a particularlocality, or applicants may be able to define for themselves the local-ities they propose to cover. The information to be provided by appli-cants should be specified by the licensing body and may include:

• legal status and membership of the applicant;

• proposed coverage and intended audience;

• content of the program service to be provided;

• involvement of and accountability to the community;

• proposals to ensure the delivery of social gain; and

• financial plans and sources of finance.

The application requirements, selection criteria, and mode of assess-ment should be established prior to the invitation to apply for licens-ing and should be developed in a manner that includes open andpublic consultation involving civil society groups.

Decisions on license applications should be taken within a rea-sonable timeframe and allow for public comments to be submitted,and a refusal should be accompanied by written reasons and madesubject to judicial review. The characteristics of the frequency assign-ment should be specified and adequate to the proposed coverage.

Aside from long-term community broadcasting licenses it can beuseful to offer short-term or experimental licenses that provide an op-portunity to new community broadcasters to gain experience anddemonstrate their ability to operate a full-time service.

In Benin, the Haute Autorité de l’Audiovisuel et de la Communication(HAAC) is an independent regulatory body responsible for thelicensing of private radio and television services. The HAAC distin-guishes between commercial radio and noncommercial radio, and it


publishes a Cahiers des Charges setting out the procedure and criteriafor licensing of noncommercial radio services. In addition to the not-for-profit status, the HAAC identifies community radio by its range;its focus on a specific community; its use of specific languages; and itsfocus on local information and mobilization, cultural development,and further education. The licensing process for community radiostarts with the HAAC publishing the list of available frequenciesbased on its frequency map and issuing a published call for applica-tions from all sectors, public, private, and commercial. Applicationsare processed and frequencies allocated based on the proposed pro-gram content and the viability of the service.

In Ireland, community radio licenses are awarded under a two-stage procedure. First the Broadcasting Commission of Ireland (BCI)invites expressions of interest. Subsequently it invites applications bypublic notice for a contract to provide a service in a specific area forwhich a frequency has been assigned by the Commission forCommunications Regulation, a statutory body responsible for regu-lation of telecommunications, radio-communications, and broadcasttransmission.

The licensing process for community radio is the same as that forprivate commercial broadcasters though different selection criteriaand licensing terms apply. For instance, in considering expressionsof interest, the BCI examines the level of participation by the com-munity in the station and the program service envisaged. If it de-cides to proceed with a public invitation for applications, the area tobe covered and the community nature of the service will be specifiedand a “Guide to Submissions” published. Criteria include: the char-acter of the applicant; its expertise and financial resource; the qual-ity of program proposals, including provisions for Irish languageand culture; and the desirability of having a diversity of services andownership.

License Terms and Conditions

License terms and conditions for community broadcasting shouldbe consistent with the objectives of broadcast regulation anddesigned to ensure that the community broadcasting service char-acteristics are protected and maintained for the duration of thelicense period.


Licenses may contain certain terms and conditions, either of a generalnature, for example set out in the law or in regulations, or specific toan individual broadcaster. They can include:

• specification of the technical characteristics of the service;

• specification of the duration of the license;

• a requirement to comply with general broadcast law andregulations;

• a requirement to provide the service proposed in the licenseapplication; and

• a provision for sanctions in the case of noncompliance.

Normally, the transfer of the license to another person or group wouldnot be permitted without the permission of the regulator, whichshould be given only where it can be shown that the new owner wouldcontinue to operate it as a community broadcasting service.

In Australia, for example, community broadcasting services aresubject to general license conditions, which apply to all broadcastingservices and to more specific license conditions that are relevant to com-munity broadcasting. These conditions are set out in the BroadcastingServices Act of 1992 and include the following specific requirements:

a. the licensee will remain a suitable licensee;

b. the licensee will continue to represent the community inter-est that it represented at the time when the license was allo-cated or was last renewed;

c. the licensee will encourage members of the community thatit serves to participate in:i. the operations of the licensee in providing the service; andii. the selection and provision of programs under the license;

d. the licensee will provide the service for community pur-poses; and

e. the licensee will not operate the service for profit or as partof a profit-making enterprise.12

Specifications for the technical characteristics of the service shouldnot impose unreasonable constraints on transmission power, aerialheight, or other distribution parameters that would restrict the


12Broadcasting Services Act of 1992.

viability of the service in achieving its purpose. They should bebased on technical assumptions equivalent to those for otherbroadcasters.

In South Africa, the community broadcasting license specifiesthe licensee, the station name, the frequency and related technicalparameters, the location and coverage area, the commencementdate, and the expiry date. In addition the license requires compli-ance with a number of general license conditions for communitysound broadcasting. The general license conditions includerequirements:

• to have due regard to the character, control, management,objectives, intentions, undertakings, and representationsmade by the licensee in its application;

• to establish and maintain formal structures that provide forcommunity participation in the control, management,operational, and programming aspects of the service;

• not to change the name or the ownership and control of thelicensee or the control of the broadcasting service withoutwritten consent of the regulatory authority;

• to ensure the licensee is and remains under the control of anonprofit and nonpolitical entity;

• to apply profits and any other income to the promotion of its broadcasting activities or in the service of thecommunity; and

• to establish a procedure for handling complaints and tobroadcast information on how to make a complaint.

Procedures for obtaining broadcast licenses can be lengthy and ex-pensive, involving expensive technical studies and specialized legalexpertise. Rural and lower-power licenses in particular can be allo-cated with simplified administrative procedures and effective yetless-expensive technical licenses, such as type-approved equipment.Countries as diverse as Canada and Peru have recognized this andsimplified application procedures for rural and low-power broadcastinitiatives. Even in urban areas where spectrum management is morecomplex, technical and legal requirements are often unnecessarily de-manding and expensive and serve as an effective barrier to would-becommunity broadcasters.


Funding and Sustainability

Community broadcasting services should have fair and equitableaccess to a diversity of funding sources according to local circum-stances. There should be no restrictions on funding sources otherthan what is necessary to maintain the character of the service andto avoid unfair competition.

Ideally, community broadcasting should draw on a number ofsources of funding and support, to reinforce its independence fromvested interests and its capacity to serve exclusively the community.The regulatory framework should encourage this.

License fees should be waived or nominal so as not to excludecommunities with few resources. There should be no unreasonablerestrictions on sources of revenue such as advertising. Communitybroadcasters should be encouraged to develop economic support fromwithin their own community, including sponsorships and announce-ments, but assistance may also be provided through independentlyadministered public funding.

Support programs should also recognize that social, institutional,and technical sustainability are as important to the functioning andsurvival of community broadcasters as economic arrangements andcapacity building is often required over a period of time.

Financial models for community broadcasting vary from onecountry to another and according to local circumstances.

In South Africa, for example, there are no funding restrictions im-posed by the regulatory framework, and advertising and sponsor-ship are carried. Some international donors make a substantialcommitment to the sector. Community radio stations are also able toapply for support from the Media Diversity and DevelopmentAgency (see the next section).

In the Netherlands, community radio stations are encouraged toseek funding from a wide range of sources, including advertising, spon-sorship, membership fees, and donations. Advertising is limited to amaximum of fifteen percent of airtime on any given day and is also lim-ited to a maximum of twelve minutes in any one hour. Some stations de-pend almost completely on advertising but most rely also on othersources of funding. More than one hundred municipalities providepublic financial support.


An important measure of financial sustainability for a commu-nity broadcaster is the ability to secure contributions from its owncommunity by, for example, generating fees from announcements bylocal organizations and businesses, developing sponsorships fromcommunity groups for special programs they request, or chargingother organizations for airtime. External donors usually end financialsupport within a few years and should not be considered a principalsource of long-term assistance.

In Canada, generalist community radio stations face no limits onrevenue from advertising and sponsorship. Campus community ra-dios and some native radio stations are limited to a maximum of fourminutes of advertising in any one hour. Public funding for communityradio in Canada is not extensive. Advertising is an important sourcefor many of the larger urban stations, though some stations choosenot to carry any. Most of the community radio stations draw signifi-cantly on direct support from listeners through on-air fund-raisingdrives and membership schemes.

Where there is a significant element of public funding, somelimitations on funding from commercial sources, including the saleof advertising time, may be justified when it competes with com-mercial broadcasters. Such restrictions may also aim to guaranteethe character of the service. Any such restrictions should be nomore than is necessary to ensure fair competition, to avoid unfairsubsidy, and/or to maintain the character of the service. Further-more, they should be limited to sources of finance that form a sig-nificant proportion of commercial broadcasters’ revenue andshould not undermine the viability of operating the communitybroadcasting service.

Funding arrangements is one of several sets of issues that affectsthe viability and sustainability of community broadcasters. Thesocial base, authenticity, and responsiveness of the broadcaster to itsaudience are crucial factors that are strengthened by interactiveprogramming and by accountable and participatory managementstructures. Most community broadcasters depend heavily on volun-teers to assist in program making, fund-raising, and other activitiesand rely on the active involvement of local groups and organizationsto provide expertise and input on matters of local and communityconcern.


Public Funding

Community broadcasting may be supported by public funding,including direct public subsidies. Where there is a regular andguaranteed system of public funding this should be administeredthrough an independent public body established for this purpose.

If it is to succeed, community broadcasting, like any other sector, musthave sufficient income, and in some circumstances public funding isnecessary and justified. A special fund set up for this purpose is thepreferred method for channeling public funding. This may be financedthrough direct taxation or through other mechanisms, such as a levy oncable concessions, a percentage of commercial broadcast revenue, or aproportion of a general license fee for public service broadcasting.

In the Netherlands, for example, the national government transfersfunds to municipalities to support community broadcasting. Prior to2000, municipalities had the option to levy an additional surcharge of0.90 euro (US$1.20) on the license fee paid by all households with a ra-dio or television receiver. About 100 municipalities opted to participate,generating 1.4 million euros per year for the community broadcastingsector. In 2000 the license fee was replaced by a system in which publicbroadcasting is paid out of the general budget. After strong pressurefrom OLON, the national community broadcast association, the gov-ernment agreed to support the sector with approximately 7.7 millioneuros (US$10.5 million or US$1.50 per household) per year paid directlyto the municipalities. Nevertheless the arrangement is not withoutflaws. According to OLON’s director, Pieter de Wit,

The problem is that municipalities are not obliged to use thismoney for local community media. In fact, only 30 percent ofthe 300 local media get the entire fee, 56 percent get less thanthe total, and 14 percent get nothing. Also some municipali-ties put restrictions on spending and act contrary to theDutch legislation on public broadcasting, which forbids gov-ernment influence in programming.13

New legislation expected to be passed in 2008 will overcome thisproblem by transferring the subsidy directly to the country’s 300 localcommunity broadcasters.


13Email from Pieter de Wit, April 26, 2007.

Public funding for community broadcasting should be operatedindependently of government and of the broadcast regulatorthrough an independent public body. In Australia, for example, theCommunity Broadcasting Foundation Ltd. (CBF) was established in1984 as an independent, nonprofit funding body.14 Its primary aim isto act as a funding agency for the development of community broad-casting (radio and television) in Australia, and it receives an annualgrant from the Department of Communications, Information Tech-nology and the Arts. The CBF assesses applications for funding anddistributes grants for development, programming, and infrastruc-ture support for: aboriginal community broadcasting, ethnic com-munity broadcasting, Radio for the Print Handicapped (RPH),general community broadcasting, the Australian Ethnic Radio Train-ing Project (AERTP), and sector coordination and policy develop-ment. Government funding allocated to the CBF for the year2006/2007 was A$7.88 (Australian) (US$6.5 million). Of this amount,50 percent went to core support grants made directly to stations, 20 percent went to defray transmission costs, and the rest was in theform of targeted grants to support ethnic broadcasting and initia-tives of the Community Broadcasting Organization. According to theCommunity Broadcasting Foundation, federal government fundingof community radio in 2003–2004 amounted to 6 percent of totalrevenue with other levels of government contributing an additional6 percent. This 12 percent “government support remains a vital cat-alyst to sector development. It supports the production of spe-cialised program content . . . to meet community needs in the mostcost-effective manner.”15

The major source of finance for Community Radio in France is theFond de soutien à l’expression radiophonique (Support Fund for RadioExpression), created in 1982. It draws from a levy on advertisingplaced on mainstream broadcast media. The fund provides supportfor start-up costs, equipment upgrades, and core functioning, withthe major part going toward core functioning costs. In 2004 the fundprovided total grants of 21 million euros (US$27 million).


14Community Broadcasting Foundation website: www.cbf.com.au.15Sector Funding Trends, Community Broadcasting Foundation Ltd., available at:http://www.cbf.com.au/Content/templates/sector.asp?articleid=66&zoneid=13.

South Africa adopted a unique approach by creating the MediaDevelopment and Diversity Agency (MDDA) in 2002 by an act ofParliament, to enable “historically disadvantaged communities andpersons not adequately served by the media” to gain media access. Itsbeneficiaries include both community media and small commercialmedia. The MDDA has the following objectives:

• Encourage ownership and control of, and access to, media byhistorically disadvantaged communities, historicallydiminished indigenous language and cultural groups;

• Encourage the channeling of resources to community andsmall commercial media;

• Encourage human resource development and capacitybuilding in the media industry, especially amongsthistorically disadvantaged groups; and

• Encourage research regarding media development and diversity.


BOX 54. France: Support Fund for Local Noncommercial Radio

The Fond de soutien à l’expression radiophonique (Radio Expression SupportFund—FSER) is one of the most interesting aspects of French broadcastpolicy. The fund, which is made up of a special tax levied on radio and tel-evision advertising expenditures and paid by advertisers, is used to sup-port the activities of local noncommercial radio. First established in 1982,the fund provides qualified stations with between US$5,000 and $150,000annually. The actual amount received depends on a number of criteria, in-cluding the previous year’s budget, the amount of funds secured fromother sources (stations that can demonstrate local financial support re-ceive more from the FSER), programming quality, and the purpose of thefunds (new radio stations can get more to help defray the cost of their in-stallations). In return for accessing the funds, the stations must agree tolimit advertising revenue to not more than 20 percent of their total annualturnover. They must also broadcast at least four hours daily of local pro-gramming between 06:00 and 22:00.

In 2004 the fund distributed approximately 21 million euros:

• fourteen new radio stations received an average of 15,228 euros tohelp pay for their installations, for a total of 213,200 euros;

• five hundred and eighty-four (584) stations received an average of 40,496 euros to subsidize their operational costs, for a total of23.65 million euros; and

• seventy-six stations received an average of 5,722 euros to subsidizeequipment purchases, for a total of 434,870 euros.

MDDA is a partnership between the South African government andmajor print and broadcasting companies. Its funding comes from gov-ernment, the media industry, and donors. The 2005 Electronic Com-munications Act has opened a new source of funding for MDDA, bystipulating that broadcasters’ contributions to MDDA would be de-ducted from the obligatory contributions of telecommunications andbroadcasting companies to the Universal Service and Access Agency.16

At the time of this publication, MDDA is confirming a contribution of1 percent of broadcasters’ license fees, to be allocated to MDDA. Thisis being negotiated with broadcasting companies prior to promulga-tion of a formal regulation. In South Africa, there is great potential forthe regulator, the Independent Communication Authority of SouthAfrica (ICASA), MDDA, and the National Community Radio Forum(NCRF) to harmonize their responsibilities and reinforce each other, indeveloping the community broadcasting sector. For example, as NCRF,the National Community Radio Association, develops its systems forstrengthening community radio stations through provincial hubs, itmay become possible for MDDA to wholesale its support throughNCRF, and for NCRF to handle the retail strengthening of individualstations. One of MDDA’s potentially great strengths is its mandate tolace together relationships with partner agencies and organizations, tomobilize and align support for diversified media services.

Venezuela, Bolivia, and Colombia make funds available to sup-port training and equipment purposes and/or provide indirect fund-ing, particularly in the form of fee and tax waivers, and reductionsare common in many countries.17 Bolivia’s community radio stationspay 10 percent of the amount charged to commercial stations forspectrum use and in Mali stations are charged only $20 per year.


16Since 1993, South Africa’s Universal Service Agency (USA) funded the expansion ofSouth Africa’s telecommunications infrastructure through a mandatory levy of 0.2 percenton licensees’ annual turnover. The Electronic Communications Act of 2005, section 89,provides that “the contributions to the Universal Service and Access Fund (the new namefor the USA) must not exceed 1 percent of the licensee’s annual turnover or such otherpercentage of the licensee’s annual turnover as may be determined by the Minister afterconsultation with the affected parties, by notice in the Gazette.” It also states, “Broadcast-ing service licensees contributing to the Media Development and Diversity Agency(MDDA) must have their annual MDDA contribution set off against their prescribed an-nual contribution to the Universal Service and Access Fund.” MDDA Strategic Focus andPlan 2007–2010, March 2007.17Best Practices in Regulation of Community Broadcasting, Programa de LegislacionesyDerecho a la Comunicación de AMARC-LAC (2007).

As in other areas, the application process and decisions for publicfunding should be fair, open, and transparent and based on clearpublic interest criteria. A substantial part of the fund could provideregular and guaranteed core financial support according to an agreedand transparent formula, for instance based on the amount of fundsraised from other sources or the size of potential audience or someother objective measure. Funding may also be available for start-upand development costs and to support the provision of joint servicesto the sector through country-level associations of community broad-casters.

Community broadcasters should also be able to apply for directpublic grants and contracts from other sources. Public fundingarrangements should not be allowed to compromise the indepen-dence of the community broadcaster.


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• Regulation of private commercial broadcasting should be designed tomeet the public interest in a range and diversity of services and to en-sure fair competition between private broadcasters. Commercial broad-casters normally require a license to operate a radio or television service.

• Licensing processes for commercial broadcasting should be fair andtransparent, and should be overseen by an independent body.License conditions should serve the overall goals of broadcast regu-lation and should not be arbitrary or oppressive.

• Rules preventing undue concentration of ownership in the broadcastsector, or between that sector and the print media sector, are legiti-mate as long as their actual purpose and practical effect is to promotediversity in the provision of broadcast services.

• Restrictions may be imposed on the extent of foreign ownership andcontrol over broadcasters, as long as these restrictions take into ac-count the need for the broadcasting sector as a whole to develop andfor broadcasting services to be economically viable. A total ban onforeign investment in the broadcasting sector is not legitimate.

• Private commercial broadcasters may be subject to public service re-quirements in exchange for access to a limited public resource,namely the airwaves. Such requirements should be designed to fur-ther public interest objectives and should not be disproportionate inscope such that they threaten the viability of the service.

• Public advertising budgets spent on commercial broadcasting shouldbe allocated on a strictly nondiscriminatory and commercial basis.

• Public grants and subsidies may be offered to commercial broad-casters in order to promote a range and diversity of services and toencourage programming of public interest. They should be allocatedaccording to set criteria and according to a fair and transparentprocess overseen by an independent body.

IntroductionIn the United States, from the earliest days of radio broadcasting inthe 1920s, competition and commercialism have been the rule. TheU.S. model of largely private commercial broadcasting became thenorm across much of Latin America. In more recent years, commer-cial broadcasting has become a key component of broadcastingthroughout the world, and the dominant one in much of it.

Private commercial broadcasting has grown rapidly in those parts ofthe world where public broadcasting was once a monopoly, such asEurope, Africa, and parts of Asia and the Pacific. As outlined in Part I, itexerts a major impact on the media landscape, sometimes occupying adominant role within the broadcasting sector as a whole. Within Europe,public broadcasting monopolies began to give way in the 1950s and1960s, but it was not until the 1970s that commercial broadcasting reallybegan to take root. The decision of the Italian Constitutional Court in 1976to end the state broadcasting monopoly1 opened the Italian airwaves toprivate broadcasting, from which emerged Silvio Berlusconi’s Fininvestempire. Austria was the last western European state to liberalize its radioairwaves, following a landmark case brought by private and communitybroadcasters in 1993 in which the European Court of Human Rightsfound the state broadcasting monopoly to be in breach of the right to free-dom of expression, as guaranteed by Article 10 of the European Conven-tion of Human Rights.2 In Eastern Europe, private broadcasting emergedrapidly after the end of the cold war. Belarus is now the last remainingEuropean country to maintain a state broadcasting monopoly.

In the 1980s, there were only a handful of private broadcasters onthe African continent, whereas today there are thousands of privatecommercial radios, and almost every African country allows somedegree of private sector broadcasting. In Asia and the Pacific, privatebroadcasting is less widespread. Several East and Southeast Asiancountries have promoted private sector broadcasting, includingJapan, the Philippines, and Indonesia. China, however, maintains astate broadcasting monopoly, and India only recently began to openits airwaves to private terrestrial radio stations and has been cautiousin licensing new services.


1Decision 202/76 of the Italian Constitutional Court, July 28, 1976.2Informationsverein Lentia and others v. Austria, May 25, 1993, Application Nos. 13914/88,15041/89, 15717/89, 15779/89, 17207/90 (European Court of Human Rights).

Private commercial broadcasting has also gained strength fromnew forms of broadcast distribution, particularly cable and satelliteand, more recently, the Internet. Satellite broadcasters have circum-vented state control by using internationally assigned frequenciesand uplinks in countries friendly to satellite operators. Star TV, forexample, was established in 1991 and now broadcasts more than fiftychannels to over fifty Asian countries, including India and China.

The growth of private commercial broadcasting has attracted sig-nificant entrepreneurial energy, as well as significant funding, to thesector. It has generally, as a result, increased media pluralism andchoice and provided greater opportunities for different voices to beheard. Commercial broadcasting, and the competition it involves, hascontributed to the growth of entertainment and talk programs avail-able to the general public.

Although commercial broadcasters can play a role in promotingthe public interest, by their very nature, this role must be somewhatlimited. Having, legally, a primary obligation to their shareholders,they face pressures to maximize profit that can affect program con-tent, as well as demands by advertisers, whose commercial interestsmay be at odds with public interest programming. In the absence ofpublic interest regulation, more costly programs, such as those in-volving international reporting, investigative journalism, education,and high quality drama, as well as programs serving smaller popula-tions, tend to lose out to cheaper programming with mass appeal.News reporting and analysis may also become influenced by thesame profit-making imperatives as entertainment, with accurate andfactual reporting being replaced by favorable editorial coverage ofcommercial sponsors and their products.

Furthermore, whenever the regulatory framework does not pro-vide adequate safeguards, there has been a tendency toward in-creased concentration of ownership that, over time, can lead to areduction in diversity, access, and quality in broadcasting and allowdominance by a small number of commercial broadcast owners. Poorregulatory frameworks can also result in private commercial broad-casting licenses being allocated under systems of political patronage,a practice evident in many countries.

According to a background study for the World DevelopmentReport 2002, 85 percent of private commercial radio and televisionsbroadcasters are owned by families rather than a wide range of

Commercial Private Sector Broadcasting 229

shareholders.3 A combination of media concentration and a narrowshareholder base can lead to disproportionate political influence bycertain media owners. This kind of ownership arrangement runs con-trary to the public interest in media pluralism and diversity.

In Guatemala, for example, four out of the six terrestrial televisionchannels are owned by one businessman, a Mexican citizen living inMiami, without whose support few politicians could hope to be presi-dent. In El Salvador, the results of the 2004 presidential elections werewidely attributed to the influence of the commercial media.4 The newpresident is himself the owner of a chain of commercial radio stations.

Because of the important role the media can play in forming andinfluencing public opinion, it is widely accepted that rules to preventconcentration of the media, over and above general competition rules,can form a legitimate part of public interest regulation. In many coun-tries, regulatory mechanisms for commercial broadcasting also man-date, in exchange for access to the publicly owned airwaves, minimumtime requirements for news broadcasts, public service announcements,guaranteed access to political candidates under equal-time rules, andcommitments to a proportion of public interest programming.

A few overriding principles apply to commercial broadcastingand are evident in the trends described in Part I, including the use ofthe licensing system to promote broadcast diversity and to preventundue concentration of ownership in the broadcast sector. Theseprinciples are normally set out in law, but implementation is left toindividual decision making by the regulator. As a result, and in afashion analogous to content regulation, commercial broadcast regu-lation should be closely tailored to meeting local needs and interests.

Regulation

Regulation of private commercial broadcasting should be designedto meet the public interest in a range and diversity of services andto ensure fair competition between private broadcasters. Commer-cial broadcasters normally require a license to operate a radio or tel-evision service.


3Djankov, McLiesh, and others, 2001, World Development Report 2002, background paper.4Proceso No. 1091, March 24, 2004. Translated from Spanish.

As with all regulation of the media, licensing should be overseen bya body that is independent of political or commercial control. Thereshould be no blanket prohibitions on who may hold or participate inownership of a broadcasting license based on either form or nature,except in relation to political parties, where a ban may be legitimate.The licensing body should have the power to make licensing deci-sions on a case-by-case basis while ensuring that there is no unfairdiscrimination against one applicant or another.

On this last point, the Inter-American Commission on HumanRights in its Principles on Freedom of Expression states explicitly,among other matters, that “the concession of radio and televisionbroadcast frequencies should take into account democratic criteriathat provide equal opportunity of access for all individuals.”5

In the licensing of commercial broadcasting services the main ob-jectives should be:

• to ensure a range and diversity of services at local andnational level;

• to ensure, as far as possible, the provision of services thatmeet the needs and interests of listeners and viewers and thatare of a high quality; and

• to ensure fair and effective competition in the provision ofservices.

Although the regulatory body should not discriminate unfairly foror against any applicant, a concession to operate a radio or televisionservice may specify that the service should either be of a local or ofa national character. Specific provision may also be included to en-courage services to be established that serve minority groups lackingin financial or technological resources. In Poland, for example, abroadcaster qualifying as a “social broadcaster” (according to crite-ria set out in the Broadcasting Act) is exempt from “fees payable forawarding or altering the licence” on the strength of the social role itfulfills.6


5Inter-American Commission of Human Rights (2000) Declaration of Principles on Free-dom of Expression, quoted in Loreti (2006) “Broadcast Law and Regulation in LatinAmerica,” commissioned paper.6McGonagle (2006) “Minorities and the Media,” commissioned paper.

The distribution of licenses for television channels and radio fre-quencies solely through auction to the highest bidder is unlikely toproduce a range and diversity of services that meet the needs of allsections of society. In considering such arrangements in Guatemala(and also in Paraguay), the Special Rapporteur on Freedom of Ex-pression of the Organization of American States has stated:

Bidding procedures that do not go beyond economic consid-erations, or that do not give a chance to all social sectors, areincompatible with participatory democracy and the right offreedom of expression and information enshrined in theAmerican Convention on Human Rights.7

Licensing Process

Licensing processes for commercial broadcasting should be fair,open, and transparent and should be overseen by an independentregulatory body. License conditions should serve the overall goalsof broadcast regulation and should not be arbitrary or oppressive.

The process for obtaining a broadcasting license should be set outclearly and precisely in law; it should be fair, open, and transparent,include clear time limits within which decisions must be made, andallow for effective public input and an opportunity for the applicantto be heard. It may involve either a call for tenders or ad hoc receiptby the licensing body of applications, depending on the situation, butwhere there is competition for limited frequencies, a tender processshould be utilized.

License applications should be assessed according to clear crite-ria set out in advance in legal form (laws or regulations). The criteriashould, as far as possible, be objective in nature, and should includepromoting a wide range of viewpoints fairly reflecting the diversityof the population and preventing undue concentration of ownership,as well as an assessment of the financial and technical capacity of theapplicant. Any refusal to issue a license should be accompanied bywritten reasons and should be subject to judicial review.


7Office of the Special Rapporteur on Freedom of Expression (2001) Guatemala CountryReport, quoted in Loreti (2006).

A reasonable administrative fee for processing license applica-tions may be charged. Furthermore, licensees may be charged alicense fee, but this should not be excessive and should reflect the de-velopment of the sector, the competition for licenses, and general con-siderations of commercial viability. Fees for different types of licensesshould be set out in advance, according to a schedule.

When licensees also need a broadcasting frequency, they shouldnot have to go through a separate decision-making process to obtainthis frequency; successful applicants should be guaranteed a fre-quency appropriate to their broadcasting license.

In South Africa, for example, license applications are initiated bya call for applications from the regulator, the Independent Communi-cation Authority of South Africa (ICASA) by notice in the Gazette, set-ting out the relevant parameters for that license and the applicationfee. Applicants may also apply from time to time, even in the absenceof a call, and these applications will also be published in the Gazette.Anyone may make representations in respect of license applications.In assessing license applications, ICASA takes into account the de-mand for the proposed service within the relevant area, the need forthe service, the technical capacity of the applicant, the financial meansof the applicant, and the ownership and control structure of the ap-plicant. A successful applicant is guaranteed a frequency appropriateto his or her license. There is a strong presumption of license renewal,and ICASA may refuse to renew the license only if the licensee has ma-terially failed to comply with the license conditions or the provisionsof the broadcasting law and ICASA is satisfied that the licensee wouldnot comply if his or her license were renewed.

In issuing a license, the Canadian Radio-television and Telecom-munications Commission (CRTC) takes a number of criteria into ac-count, including ownership, financial and technical capacity, andprogramming requirements. A key aspect of the latter is to ensurethat new licenses contribute to diversity, and in so doing, the CRTCmay require applicants to provide a market survey, showing thatthere is a demand for the new service and how it would increasediversity in the market. In all of its decision making, the CRTC isrequired to promote a long list of broadcasting principles, including that the system be effectively owned and controlled by Canadians;operate primarily in English and French; serve the needs of all Cana-dians; encourage the development of Canadian expression; and serve


to safeguard, enrich, and strengthen the cultural, political, social, andeconomic fabric of Canada. Once the CRTC receives an application itmay issue a call for competing applications. The application is con-sidered at a public hearing and is published in the Gazette at least 60 days prior to the hearing. Anyone may provide written commentson the application and the CRTC may invite those who have done soto attend the hearing. The CRTC then reaches a decision to either ap-prove or deny the application or to approve it in part.

Rules on Concentration of Ownership

Rules preventing undue concentration of ownership in the broad-cast sector, or between that sector and the print media sector, arelegitimate as long as their actual purpose and practical effect is topromote diversity in the provision of broadcast services.

Excessive concentration of ownership in broadcasting can have manyof the same effects as a monopoly. It can lead to excessive and parti-san political influence and constrain diversity of content. Generalrules on concentration of ownership, designed to enhance competi-tion and so provide a lower cost and better services, are for reasonsoutlined in Part I insufficient for the broadcasting sector. They pro-vide only minimum levels of diversity, far less than what is needed tomaximize the capacity of the broadcasting sector to deliver socialadded value. Excessive concentration of ownership is to be avoidednot simply because of its effects on competition, but because of its ef-fects on the key role of broadcasting in society, and the latter requiresspecific and dedicated measures.

As a result, some countries limit such ownership, for example toa fixed number of channels or to a set overall percentage of marketshare. Such rules are legitimate as long as they are not unduly re-strictive, taking particular account of such issues as viability andeconomies of scale, which can affect the quality of program content.

Other forms of cross-ownership where rules to restrict concentra-tion are legitimate include measures to restrict vertical concentration,for example, ownership of broadcasters by advertising agencies; andcross-media concentration, for example, ownership of broadcasters bynewspaper owners publishing in the same or overlapping markets.


For example, the Indonesian Broadcasting Act of 2002 includes ageneral prohibition on undue concentration of broadcast ownership.Cross-ownership both between different broadcasting sectors (radio,television, subscription services) and between the print and broad-cast sectors is strictly prohibited. The law also prohibits more thanone service being offered by a licensee in any particular area. Theserules are applied both through the licensing process and through on-going monitoring of the broadcast sector. Ownership is one of the cri-teria to be taken into account by the regulatory body when assessingapplications for broadcasting licenses.

In South Africa, the law on concentration of ownership is morecomplex. First, no one may directly or indirectly exercise control overmore than one private television license, or over more than two privateFM or AM sound broadcasting licenses. Furthermore, no one may con-trol substantially overlapping either FM or AM services (although over-lapping ownership of one FM and one AM license would appear to bepermitted). Cross-ownership rules prohibit anyone from controlling anewspaper and both a radio and a television license. And anyone in aposition to control a newspaper with a circulation of 20 percent of thetotal newspaper’s readership in a given area may not own a broadcast-ing license that substantially overlaps with the newspaper circulation:an overlap of 50 percent or more is deemed to be substantial and a 20percent shareholding is deemed to constitute control. These rules maybe waived in any particular case, as long as this does not run counter tothe objects and principles of broadcast regulation, as set out in the law.

Rules on Foreign Ownership

Restrictions may be imposed on the extent of foreign ownership andcontrol over broadcasters, as long as these restrictions take into ac-count the need for the broadcasting sector as a whole to develop andfor broadcasting services to be economically viable. A total ban onforeign investment in the broadcasting sector is not legitimate.

Restrictions on foreign ownership can be legitimately designed topromote local and national cultural production, ensuring the meansfor local and national opinions and cultural content to be expressedand heard. In many countries, dominant local control over such animportant national resource is also considered necessary. Although


such claims may be overstated, control may indeed be needed for theimplementation of policies that are designed to foster a public interestapproach to media.

But foreign ownership restrictions should not be used as a meansto undermine the viability of services that provide alternative pointsof view: there are cases of restrictions on foreign funding designed toprevent donor support to independent media outlets. Furthermore,foreign investment can bring much-needed expertise and capital intothe local market. Restrictions on this investment should not be so re-strictive that they reduce the range and diversity of services available.

In Colombia, for example, foreign investment is allowed exclu-sively up to 40 percent of the stock of the broadcast concession holder.It is subject to reciprocal arrangements being in place with respect tothe country of domicile of the foreign investor.8

The United States is generally considered to be among the mostrestrictive countries with respect to foreign ownership. Under theCommunications Act of 1934 foreign ownership of a broadcastinglicense is denied to:

1) foreign government or representative;

2) alien or foreign registered companies;

3) companies in which foreign interests control more than 20 percent of voting capital; and

4) any company directly or indirectly controlled by anothercompany in which more than 25 percent of the voting capi-tal is owned by foreigners.

Public Service RequirementsPrivate commercial broadcasters may be subject to public servicerequirements in exchange for access to a limited public resource,namely the airwaves. Such requirements should be designed to fur-ther public interest objectives and should not be disproportionate inscope such that they threaten the viability of the service.

The limited capacity of the radio spectrum places overall limits on thenumber of broadcasters that may be licensed. This, along with the


8D. Loreti (2006), “Broadcast Law and Regulation in Latin America,” commissioned paper.

fact that the radio spectrum is a public resource to which licenseeshave privileged access, justifies the imposition of limited publicservice requirements for commercial broadcasters. Such require-ments are normally linked to promoting diversity of content in theairwaves, as well as maintaining quality. Often, such requirementsare imposed as license conditions on a case-by-case basis for individ-ual broadcasters. Although this provides flexibility to tailor these ob-ligations to the specific market niche of each broadcaster, it alsobrings with it a risk of political interference.

The specific nature of such obligations will vary depending onthe context. In some cases, license conditions may include specificpublic service content requirements to carry, for example, news andinformation or education and cultural programming. In the UnitedKingdom, for example, the main terrestrial television stations nor-mally have their main news schedules fixed in their licenses and needto apply to the regulator if they wish to change the duration or tim-ing of the news. This is used to ensure, for example, that bannerevening news programs are available at different times for viewers.

An important public interest obligation in some countries is therequirement to carry a minimum percentage of locally produced pro-gramming. In many cases, it is far cheaper to purchase foreign pro-grams, especially older ones, including films, than to produceprograms in-house or purchase them from independent local produc-ers. Local content requirements can counter a situation where all thatis available to audiences is cheap, dated foreign programming. TheAfrican Charter on Broadcasting, adopted in 2002 by media practi-tioners and freedom of expression advocates from throughout Africa,for example, states: “Broadcasters should be required to promote anddevelop local content, which should be defined to include Africancontent, including through the introduction of minimum quotas.”

In Canada, general license conditions provide that Canadian con-tent and news and public affairs programming must make up a min-imum of 60 percent of private and public broadcasters’ schedules,except overnight. Broadcasters must reflect cultural diversity andgender equality in content and character portrayals and reflect bothEnglish and French communities in their programming. To qualify asCanadian, entertainment music, for example, must meet the MAPLtest, which requires the lyrics to be written by a Canadian, the musicto be entirely composed and performed by a Canadian, and theproduction to be recorded in Canada.


In other cases, licensees may be required to provide certainguaranteed levels of geographical coverage to ensure rural and mar-ginalized communities are properly served.

Public Grants, Subsidies, and Advertising

Public grants and subsidies may be offered to commercial broad-casters in order to promote a range and diversity of services and toencourage programming of public interest. They should be allocatedaccording to set criteria and according to a fair and transparentprocess overseen by an independent body. Public advertising bud-gets spent on commercial broadcasting should be allocated on astrictly nondiscriminatory and best-value basis.

Public grants can provide an important role in funding the produc-tion of programs of public interest or by providing incentives for suchprograms by contributing a partial subsidy toward the total costs ofproduction. Production funding may include, for example, supportfor programs of particular educational or cultural value that wouldotherwise be unlikely to be made. Public grants and subsidies canalso help promote diversity by stimulating media output in under-developed sectors, such as small minority media, or by maintainingdiverse media ownership in declining markets.

Grant schemes should be run in a fair and transparent manner to en-sure equal access to the benefits they provide. This should include clearcriteria set out in advance, which are designed to further the goals to beachieved. To prevent political interference with the scheme, it should, aswith all regulatory powers, be overseen by an independent body, whichmay be the broadcast regulator or a body established specifically for thepurpose of administering a scheme of financial support.

The Broadcasting Commission of Ireland (BCI), an independentregulatory body, administers financial support to independentbroadcasters and producers in Ireland, including commercial broad-casters. Funding is provided on a competitive basis and is for publicinterest program making under the terms of the Broadcasting (Fund-ing) Act of 2003,9 to be broadcast by public service, commercial, or


9Broadcasting (Funding) Act of 2003, available at: http://www.bci.ie/documents/2003fundingact.pdf.

community license holders. The act provides that 5 percent of thereceiver set license fee paid by television viewers should be allocatedto the Sound and Vision Broadcasting Funding Scheme.10 In 2006, thisamounted to around US$10 million.

South Africa’s Media Development and Diversity Agency (MDDA)provides technical and financial support to both community andsmall commercial media, to enable them to improve media services tohistorically underserved areas and people. As noted in the previouschapter, broadcasters’ annual contributions to MDDA are deductedfrom their required contributions to South Africa’s Universal Serviceand Access Agency, which supports expansion of telecommunicationsand broadcasting infrastructure.

Public advertising, often a very substantial part of total advertis-ing spending, can also be subject to misuse as a discriminatory formof support, granted or withheld on the basis of editorial orientationstoward the government. This is not a legitimate practice. Public ad-vertising should be allocated in a nondiscriminatory manner to pre-vent political interference in the media sector. In South Africa, forexample, the Government Communication Information System(GCIS) produces a large array of public service messages, in collabo-ration with sector ministries, which it sells to both commercial andnonprofit broadcasters. These are produced in different languages forlistening audiences in different areas.

The criteria used to allocate public advertising should be relatedto the audience to be reached and follow principles of efficacy andbest value, taking into account market considerations such as audi-ence share or distribution and the target audience. Ideally, the alloca-tion of such advertising should be done by a body that operates atarm’s length from government.


10Broadcasting Commission of Ireland, Sound and Vision—Broadcasting Funding Scheme(2006), available at: http://www.bci.ie/broadcast_funding_scheme/guide_submissions.html.

Epilogue:Information Needs andDevelopment Options

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This final chapter returns to the need, raised at several points earlier,for further research and data to inform future development of effec-tive broadcasting policies in developing countries. It also puts for-ward recommendations on the development assistance that isneeded to support the growth of a robust, diversified broadcastingsector that answers public interest concerns. It concludes by point-ing to convergence between fostering accountability, engaging citi-zens, and building effective processes of collective leadership and byhighlighting some key policy reforms.

The Research AgendaOne overriding observation that emerged from the experience ofresearching and compiling this guide concerns the difficulty ofobtaining data and useful research on many aspects of broadcasting,especially comparative research at global and regional levels.Anecdotes are found in abundance, and some in-depth research isavailable, although it tends to focus on narrowly delineated issues orterritories. Most existing research looks at developed countries, withlimited relevance to the very different circumstances in developingcountries and poor communities.

This problem relates to data, an indispensable raw material foranalysis. But it also relates to qualitative research on the dynamicsand impact of policy and regulation, on the performance of the dif-ferent broadcast sectors and the challenges they face, and on the placethat broadcast media occupy in people’s lives and their influence onpeople’s social, cultural, and economic existence.

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1UNESCO’s Institute of Statistics is currently undertaking a global survey of broadcast-ing. Results will be available by the end of 2007. Although the questionnaire does not dif-ferentiate between public service and direct state control it will contain useful informationon state/public, commercial, and community sectors in terms of: numbers of channels fromlocal to international levels journalists employed, broadcast hours in different program cat-egories, foreign programs, audience, and reach, etc. See http://www.uis.unesco.org/ev.php?ID=6554_201&ID2=DO_TOPIC.

This dearth of material is surprising given the fact that the hugesocial impact and vitally important role of broadcast media are al-most unanimously accepted. Perhaps the enormous, sprawling, andever-changing nature of the sector and the diffuse and multifacetednature of the impact lend themselves readily only to relatively ab-stract theorizing or a narrow empirical approach. A further challengeto generating comparative research is the need to develop and applyadequate and standardized categorization of institutional definitionsand sectors and subsectors.

Research into the following areas would make a valuable contri-bution to concrete debates on media policy and regulation and toreinforcing the material contained in this guide:

• Generating a dynamic overview of the fundamental struc-tural evolution of broadcasting requires basic numerical dataand time series1 such as statistics on the number of broad-casters in each sector and subsector at the various levels, lo-cal to international, and types of program broadcast. Alsoneeded is data on independent broadcast regulators, differ-entiating those that also regulate other sectors.

• A more detailed level of description, however, is needed to gobehind the statistics to discern the contours and drivers of sec-tor dynamics. Descriptions and analyses of evolving govern-ment policy in broadcasting are a starting point. The legal andinstitutional structureof broadcast regulators, their sources offunding, and staff levels would be valuable, as would the for-mal institutional relationship between public service mediaand government, and their accountability, funding structures—especially innovative ones—and regulatory requirements im-posed on them. Similar information is needed on com- mercialand community sectors, their hybrids and their variants. Again,identifying basic trends and milestones in these contexts wouldalso be useful.

Analytical studies would help illuminate the influences and moti-vations of actors at these levels and trace the opportunities and pitfallsfaced by countries in achieving reforms and executing regulatorymeasures.

Public service broadcasting is confronting a crisis of identity andeffectiveness in various parts of the world. More thinking is neededon how states should respond to the kinds of market failures thatwere at the heart of creating public service broadcasting entities inthe past, and, also crucially, on the nature of the public interest inbroadcasting. In a related vein, convergence and new technologiesmake it especially important to consider how regulators can be de-fined and redefined to perform their functions (with respect to com-mercial as well as public service broadcasters).2

How the dynamics of each sector influence the content it produces,in terms of subject matter, approach, and quality, is an area in which as-sertions are frequently made, most based on general analysis of sectoralmotivations and dynamics, anecdotes, and a few studies usually of de-veloped countries. Few are backed up by empirical content analysis.Methodologies for content analysis are well developed and are appliedat the global level in some specific areas such as gender representationin media3 and in some geographic domains, notably the United States.

In this guide we have assumed a correlation between media, es-pecially independent media of the kind we describe, and improvedgovernance. We have accepted the substantial writings that contendthat giving people voice will lead to a stronger, healthier publicsphere and will inform government so that its functioning can be en-hanced. But we understand that even here, on matters that are fun-damental to our understanding, more research will be helpful.

However, probably most neglected, and methodologically mostchallenging, is research that can tease out the everyday impact ofbroadcasting on society and on people: the benefits, the harm, andunintended consequences on people’s economic, social, and cultural


2See for instance Carter Eltzroth (2006) “Broadcasting in Developing Countries: Elementsof a Conceptual Framework for Reform,” Information Technologies and International Devel-opment, Volume 3, Number 1, Fall 2006, 19–37. MIT.3See Global Media Monitoring Project, World Association for Christian Communication.http://www.wacc.org.uk/wacc/programmes/gender_and_media_justice/global_media_monitoring_project_2005.

existence. Almost nothing is available to give us a direct insight intowhich media poor people actually consume; the value they attach todifferent broadcast content, including local and international news,entertainment, and educational and development material; the moti-vations behind their choices; and the impact on their lives. Even moredifficult to discern is the cumulative impact of these individual expe-riences on broader communities and society.

In community radio, research is needed to document and moni-tor how participation in a community channel can empower poorcommunities and build their capacity to engage public officials andmedia, to articulate their concerns, and to mobilize information andexpertise. Similarly, data on how local entrepreneurs can establishradio in underserved communities, and their contribution to em-powerment, is almost nonexistent.

Direct interaction with broadcast consumers, and especially withpoor and marginalized communities, is essential here. Approachesrange from user and householder surveys through to ethnographicstudies, but all are generally resource intensive and some are lengthy.Recent international studies on telephony and information and com-munication technology (ICT) use, a few of which also include broad-cast media, might show the way here.4

Finally, research is required to understand how trends in mediaand communication as a whole will impinge on and possibly eventu-ally transform the broadcasting sector. Key influences across many ofthe trends is the emerging “information society,” the growing role ofthe Internet, and convergence of technologies. Issues requiring furtherinvestigation with a specific focus on developing countries include:

• The impact on the terrestrial broadcast sector, and on itsregulation, of the growing use of the Internet to receivecontent, and the continuing growth of satellite broadcasting;

• The coming revolution in radio spectrum management andregulation, through the potential of “spread-spectrum” andother technologies to effectively eliminate scarcity as a factor;

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4For recent surveys of telephony in Africa and Asia see: Research ICT Africa (2005)Towards an African e-Index: Household and individual ICT access and usage in 10African countries, Research ICT Africa. Available at: http://www.researchictafrica.net/images/upload/Toward2.pdf. A. Mooneshingh et al. (2006) Telecom Use on a Shoestring: Expenditureand perceptions of costs amongst the financially constrained, April 2006, available at:http://www.regulateonline.org/content/view/713/31/.

• The emergence of digital television and radio and pressuresto move in this direction, including issues of the competingstandards and different cost structures of digital; and

• The partial trend toward integration of telecommunicationsand broadcast regulation, and indeed multisector regulation.

These issues are not on the immediate agenda of broadcasting policymakers in developing countries. But the pace and technical complex-ity of development in the media and communication sectors is suchthat decision making is rarely exposed to adequate public scrutiny:when change happens it can be swift and, for most people, bewilder-ing. More needs to be done by governments, communications regu-lators, and international bodies responsible to ensure that the impactof technical choices and regulatory approaches on the public interestis adequately assessed and subject to public consultation before pol-icy decisions are taken. A first step would be to undertake basic re-search on emerging issues in a timely manner, so that it can feed intosuch a process of understanding and consultation.

Options for Development AssistanceWhat Donors Can DoAssistance to developing countries is much needed, to improve theirenabling environments for broadcasting and other media. This is in-tegral to improving capacities for good governance, social accounta-bility, and participatory development.

Reform media policy requires political will and citizen demand:compelling such reforms through “conditionality” is likely to be coun-terproductive for donors and development agencies.5 The most fruit-ful opportunities for productive dialogue and assistance to improvethe enabling environment for media functioning—and specifically fora robust, pluralistic broadcasting sector that serves public interestgoals—tend to arise when countries are democratizing, opening theirmarkets, decentralizing, or making other efforts to improve the trans-parency, accountability, and effectiveness of governance.

Media policy reforms can be facilitated by stakeholders sharing in-formation and ideas, and by bringing pressure to bear on governments.


5Conditionality refers to the practice of placing requirements or “conditions” on therecipient government’s access to further assistance.

Such coalitions can be important interlocutors and partners with de-velopment agencies and donors, and can provide a forum to define andagree on priorities and actions.

Forums, Analyses, Policy, and Technical Advice

Development efforts can provide information, encouragement andopportunities for stakeholders in developing countries to convergeon policy reforms needed to make their broadcasting sector morevigorous, pluralistic, and independent. Consultations and fact-findingcan lead to research and to policy and analysis and other diagnosticwork. A broadcasting sector study in a specific country can analyzethe policy, legal and regulatory, institutional and political economiccontext affecting the sector, compare current practices with globalgood practices, and offer recommendations. Such studies can be fol-lowed up by structured meetings and forums, to share analyses, as-sess and share good practices, and highlight issues. Projects—theprocesses of developing and implementing them—uncover issuesand needs not previously addressed. The protagonists have an in-terest in solving the problems that emerge, and this engagement canlead to substantial policy dialogue and program change. Meanwhile,development assistance can strengthen the capacities of diverse in-stitutions and organizations, from national media commissions andregulatory agencies to grassroots networks, through training and ad-vice, study visits and “twinning” between organizations. Not onlynongovernmental organizations, but increasingly, national and in-ternational associations and networks—community radio associa-tions and networks are a case in point—are also providing assistancenot only to their own constituencies and members, but to similar as-sociations in other countries.

In this mix, symposia, workshops, and forums can provide a good“moment” for key stakeholders inside and outside government to get is-sues on the table that lack a single government constituency. They canenable potential allies to get a broader perspective and even develop aconsensus for action. The Development Dialogue Series organized by theWorld Bank office in Accra, Ghana, on “Giving Access to the Airwaves”showcased a growing interest in broadcasting policy and regulatory re-form, enabled stakeholders with widely divergent views to air their con-cerns, and provided opportunities to triangulate information and clarifyfacts. In some cases, a workshop provides the clarity and interest needed

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to stimulate immediate action—as when Nigeria’s Minister of Informa-tion called for a community radio policy to be drafted, established a pol-icy committee composed of both government and nongovernmentalrepresentatives, and set a tight timetable for submission of the policy togovernment. The policy committee presented a draft consistent withglobal good practice in about three months. (See Box 55.)


BOX 55. Nigeria: A Forum Precipitates Action

In July 2006, the World Bank and the World Association of Community Ra-dio Broadcasters (AMARC) co-convened a high-level symposium in Abuja,to discuss global good practice on broadcast policy that would enable de-velopment of a community radio sector. It followed a regional roundtableof AMARC and benefited from discussion of progress in other countries.This symposium was the first time that high-level Nigerian government of-ficials—from both the Executive and the National Assembly—and civil so-ciety stakeholders, along with the President of the World Association ofCommunity Radio Broadcasters, community radio expert-practitionersfrom the region, and the Bank, met together to discuss the role of commu-nity radio and the need for a better policy and regulatory framework thatprovided access to the airwaves. This workshop built upon previous WorldBank discussions with the steering committee of Nigeria’s coalition for com-munity radio. It also benefitted from the Bank’s collaboration with staff ofthe Fadama Project, which supports community-driven development inseveral regions of the country. At the end of the symposium, the presidentof AMARC, a representative of the World Bank country office, participantsfrom the coalition, and Fadama’s national coordination staff met with theMinister of Information, and briefed him on their findings.

Also in July 2006, the Fadama national coordination unit agreed tofund several community radio (CR) stations, and to contribute to policydevelopment for CR. Six community radio stations are expected to befunded by the Fadama III Project, as pilots for potential further support.

In August 2006, Government established a Community Radio PolicyCommittee, including members of the CR coalition, with a mandate todraft a Community Radio Policy within two months.

In December 2006, the Community Radio Policy Drafting Committeesubmitted its report to the federal government of Nigeria. In receiving it, the Minister of Information stated that it was unacceptable for a fewpeople to be able to participate in information management while the ma-jority are forced to accept their voices and views. He said that governmentis convinced that opening up the airwaves to provide space for commu-nity radio would help address this situation and enrich governance asnever before in the country.

For low income countries, the deliberations on the government’sPoverty Reduction Strategy Program (PRSP) also provide an importantforum to mobilize support for policies and action programs that con-tribute to civic participation and good governance.6 The PRSP pro-vides a framework for consultation and agreement with all the keydonors and aid agencies working with the government, which tendsto foster better collaboration and coherence in development supportto a country.

Increasingly, PRSPs—as well as development frameworks pro-duced in middle income countries—identify governance as a majorfocus area, and link this to civic participation. For example the Sec-ond Ghana Poverty Reduction Strategy (2006) has “Good Gover-nance and Civic Responsibility” as one of its three main pillars.7 Thefollowing matrix shows how several focus areas within that pillaralign with the goal of promoting pluralistic broadcasting in the pub-lic interest, including community radio specifically.

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6Since 1999, governments in low-income countries have prepared Poverty ReductionStrategy Papers (PRSPs) that describe the macroeconomic, structural, and social policiesand programs that a country will pursue over several years to promote broad-based growth and reduce poverty, as well as external financing needs and the associated sourcesof financing. They are developed through a participatory process involving domesticstakeholders and external development partners, including the IMF and the World Bank,and are updated every three years. The ultimate outcome of a PRSP is not the paper, butrather, public and community actions to reduce poverty. PRSPs are produced accordingto a number of principles:

• They are country-driven, involving broad-based participation by civil society andthe private sector as they are produced.

• They are directed toward achieving results and focused on outcomes that wouldbenefit the poor.

• They recognize that tackling poverty requires a comprehensive approach becausepoverty is more than just a lack of income but that poor people also suffer from alack of opportunity, security, and voice in decisions that affect their lives.

• They are partnership-oriented in that they encourage the coordinated involvementof bilateral, multilateral, and nongovernment organizations in the country’spoverty reduction program.

• They are based on a long-term perspective for poverty reduction.• PRSPs foster greater openness in policy making.

Governments have sought increasingly to include traditionally marginalized groups, theprivate sector, and civil society in developing them and because of this, poverty-reductionstrategies developed through this process tend to have broader community and stakeholdersupport and are “owned” by the government. http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPOVERTY/EXTPRS/.7Available at: http://siteresources.worldbank.org/INTPRS1/Resources/Ghana_PRSP(Nov-2005).pdf.


TABLE 1 Matrix: Ghana Poverty Reduction Strategy (GPRS) II and ItsRelationship to Voice and Media Technical Assistance (TA)

GPRS II How Technical Assistance toFocus Areas within Improve Broadcasting PolicyGood Governance and Regulation and Support forand Civic Community Radio DevelopmentResponsibility Relevant References in GPRS II Pluralism Relates to GPRS II

Strengthening “Foster Civic Advocacy to TA will inform public opinionthe practice of nurture the culture of and build communities’ skills indemocracy democracy”; “Support articulating issues important to

institutions and schemes them, developing a factualaimed at empowering civic understanding and debatingparticipation”; “free access to issues, and holding localpublic information” government accountable.

Protecting rights “Promote the provision of Piloting would supportunder rule of law legal aid for the poor” partnership between GCRN

and LRC,* to expand capacity-building in poor people’s legal empowerment through radio programming.

Enhancing • “Promote Development TA results, if successful, willdevelopment Communication in state and reduce regulatory barriers tocommunication civil society environments” community radio development,

• “Ensure commitment to allocate a portion of the radio-enhance access to public frequency spectrum to information and enabling community broadcasting, and environment for media”; strengthen capacities of a

• Strategies: “Facilitate access regulator that will have the and enabling environment mandate and capacities[for media]”; “Involve the to facilitate community radiomarginalized in governance development in order to meet through access to information” the National Media Policy’s“Encourage private [non- objectives.governmental] communityradio stations”

• Indicators include: “Number ofadditional community radiostations licensed & operational”

*Ghana Community Radio Network and Ghana’s Legal Resources Center.

Voice and Rights Funds

Some farsighted donors make funds available to grassroots organiza-tions to undertake actions that contribute to poor peoples’ under-standing of their rights and to building their capacity to exert thoserights effectively. For example, an initiative of the UK’s Department

for International Development (DfID), Rights and Voice Initiative(RAVI), has been supporting the joint activities of the Ghana LegalResources Centre and Ghana Community Radio Network to developand broadcast social and legal empowerment programs, with activeaudience participation. As governance concerns are being translatedinto capacity building for civil society and the media, such effortshold considerable future promise.

The Specific Role of the World BankThe World Bank has a range of instruments it can potentially deployto enhance an enabling broadcasting environment, and its strategicthinking is increasingly moving in this direction.

The World Bank’s Governance and Anticorruption (GAC) Strategy

In early 2007, the World Bank’s Board of Executive Directors ap-proved a strategy for “Strengthening Bank Group Engagement onGovernance and Anti-corruption” (March 21, 2007), a product of ex-tensive consultations with governments and forums of civil societyorganizations, media, and the private sector in all regions. The reportrecognizes the Bank’s lessons of experience that:

Strengthening accountability requires capacity in govern-ment and institutions outside central government, such asparliament, civil society, media, and local communities, aswell as an enabling environment in which these stakeholderscan operate responsibly and effectively.8

The World Bank’s primary clients for development assistance are stillgovernments, but the governance strategy suggests that the Banknow has a mandate to help improve the enabling environment formedia—the policies, laws, and regulations that enable media to con-tribute to broad social participation, oversight, and demand for goodgovernance. In its “Strategy for Engaging Countries” the GAC report

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8Executive Summary, iv, World Bank, “Strengthening Bank Group Engagement onGovernance and Anti-corruption” (March 21, 2007).

notes that, depending on the country context, the range of gover-nance interventions may include:

Supporting more broadly participation and oversight by civilsociety, media and communities—and (a repeated theme in theGAC consultations) helping improve the enabling environmentand capacity of these actors to play constructively their devel-opment role.9

The Bank’s decision on a strategy for strengthening governance repre-sents an important change in the authorizing environment for the Bank’scountry assistance programs. It will strengthen the Bank’s multistake-holder engagement in client countries, and can shape multidonor assis-tance programs. Because the Bank convenes most of the consultativegroups that marshal development assistance for the world’s low-incomecountries, this breakthrough can have a considerable catalytic effect.

The GAC strategy report states:

While government transparency can help to facilitate partic-ipation and oversight, more proactive engagement of society isalso vital. Countries can achieve this by:

• Creating concrete opportunities for participation andoversight, for example, through participatory develop-ment of policies and public spending priorities (thepoverty reduction strategy process has provided a majorimpetus in this area in IDA-eligible countries), social ac-countability in the delivery of services, community-driven development, civil society and media oversightover public procurement, monitoring of income and assetdeclarations, and other arrangements that empower le-gitimate social groups;

• Supporting the development of an enabling environmentand of capacity so that civil society organizations can effec-tively take advantage of these opportunities; and

• Enabling the development of independent and competitivemedia that can investigate, monitor, and provide feedbackon government performance, including corruption.10

The strategy presents five entry points for its “Country Efforts: EntryPoints for Anticorruption and Governance Reform.” The second is to


9Op. cit., 18.10Op. cit., 22.

“increase opportunities for participation and oversight by civil soci-ety, the media and communities.”11 Also, while continuing to “workwith the government as its principal counterpart,” the World Bankwill use a variety of instruments more systematically “—policydialogue, analytic work, capacity-building, policy-based lending,and community driven development—to scale up existing and goodpractice to increase opportunities for oversight.”12

In December 2007, under President Robert Zoellick’s leadership,the World Bank announced that it was launching a more proactivephase of work to implement the GAC strategy and mainstream itthroughout World Bank operations. Implementation will focus onfive areas; below we highlight the role that this guide can play in sup-porting them.

• At the country level, Country Assistance Strategies (CASs) willbegin to include GAC strategies. This will start in 26 countries,and will emphasize peer learning on effective approaches. This stepincreases the scope to emphasize, actively assist and monitorgovernments’ policies, institutional development, andcapacities to improve their transparency and accountabilityto the public; of these, the enabling environment for publicscrutiny and voice will need to play a role. The GAC countrystrategies are likely to include measures that can be put intoplace quickly in government systems, and also programs ofanalysis, dialogue and institutional development to promotetransparency and the enabling environment for publicscrutiny, including for independent media development. A significant part of this enabling environment concerns thepolicy, legal and regulatory environment for independentand pluralistic broadcasting that serves the public interestand enables society to engage. This guide should be a useful tool in the country assessments and assistance efforts ahead.

• The Bank’s sector assistance will mainstream governance andaccountability measures. This effort will expand opportunitiesfor representative and accountable civil society organizations

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11Op. cit., Annex B: “Country Efforts: Entry Points for Governance and AnticorruptionReform, 48.12Ibid, 54.

to play specific management or implementation roles withinprojects, such as managing grants for local education orensuring implementation of public works. Scaling up thesemeasures will become increasingly feasible when they alsostrengthen platforms—such as community radio—for citizeninformation sharing, debate, decision making, and feedbackto government, as discussed in this guide.

• Anticorruption measures will be designed into Bank-financedprojects to strengthen transparency and disclosure to the public.This is likely to include agreements with governments topublicize revenues and planned expenditures; public workscommitments; responsibilities for program implementation;and other information relating to Bank-financed projects. An inclusive broadcasting sector can play a core role inallowing broad segments of the population to access this sortof information and to voice their concerns. Hence, though the Bank may focus its efforts on project transparency, strengthening institutions and capacities to getthis information to the people will need to play a role.

• The Bank will strengthen its work on the demand side ofgovernance—providing assistance to strengthen the role of civilsociety in demanding good governance and holding government toaccount. Given the Bank’s comparative advantage in helpinggovernments to improve their policies and delivery ofservices, a key way for the Bank to support civil society’sability to exert demand will be to help governments improvethe enabling environment for independent, robust, andpluralistic media. Complementing this could be World Bankfinancial and technical assistance to improve theindependence, transparency and capabilities of broadcastingregulatory authorities, and project assistance to develop thecommunity broadcasting sector as a vehicle for public voiceand pressure.

• The Bank will staff up to implement this strategy, in country officesand in an array of sectors. This will include field-based GACadvisors and creation of regional hubs to supportimplementation of the above lines of work.


The Roles of the World Bank

The World Bank plays particular roles that can focus attention and gal-vanize action. It promotes new, common development platforms, suchas the PRSP and Comprehensive Development Framework for donorassistance to a country. It convenes members of the developmentcommunity and other diverse stakeholders to focus on particular is-sues and galvanize support to address them. It provides advice togovernments. It mobilizes funds for the poorest countries through theInternational Development Association (IDA). Further, it providessubstantial, integrated programs of support to national governments,to implement policy improvements, strengthen institutions, anddevelop capacities, and provide investment financing for specific de-velopment objectives.

Virtually all of the Bank’s advisory and financial assistance is fo-cused at the country level, normally with the government as the mainclient. The Bank’s primary engagement focuses on

• the government’s policy, legal, and regulatory framework,either focusing on specific sectors (telecommunications,roads, ports, railways; agriculture, natural resourcemanagement, and environmental sustainability) orimproving broad government processes such as financialmanagement and procurement, customs reforms, publicaccess to information, and transparency;

• institutional changes, such as improvement in deliverysystems, financing, and cost-recovery systems for key publicservices; adjustments in ministry and subnational government responsibilities; and reform of regulatoryauthorities; as well as

• investments targeted to improving the economic opportunitiesand well-being of poor and marginalized populations in society.

Country Assistance Strategy

The rolling three-year Country Assistance Strategy (CAS) is the pri-mary determinant of the themes and key issues the Bank will address,and instruments it will deploy. It also is designed to promote collab-oration and coordination among development partners in a country.

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A growing number of CASs make governance one of their mainpillars, including for instance the CASs for Indonesia, Albania, andBangladesh. The Albania 2006 CAS cites “civil society voice and par-ticipation” as one of the four ingredients of good governance. The2006 Cambodia CAS seeks to “promote a stronger demand for goodgovernance by increasing citizens’ voice and participation in the pol-icy making process.” The Country Assistance Program outlined inthe CAS includes lending assistance, analytic support, and policy ad-vice. In fiscal year 2006, almost half of new lending projects includedgovernance and rule of law components, with 19.2 percent of totalnew lending, or $4.5 billion, dedicated to supporting this area.

Capacity Development and Nonlending Assistance

Providing longer-term programs of technical assistance and training,the World Bank Institute (WBI) supports operations by strengtheningcountry capacity in areas of high priority that cannot be adequatelyaddressed through normal projects. WBI’s assistance is often notchanneled through governments and can, in those cases, be carriedout more flexibly than is possible through the Bank’s country lendingand related advisory support. WBI works with multiple stakeholdersin countries, regionally and globally, to share good practice, stimulatenetworks and communities of practice, and support south-south as-sistance. “WBI particularly works to strengthen societal instrumentsof accountability by supporting media development, parliamentari-ans, legal and judicial reform, civic participation, private sector capacity for collective action against corruption, and youth leader-ship.”13 About half of WBI’s work is focused on particular countriesand supports the CAS through nonlending technical assistance, pol-icy advice, training programs, and institutional development supportfor diverse stakeholders.

Sector Analysis and Policy Development

Before providing its first lending project to a particular sector, theBank may carry out a sector assessment. When the policy frameworkfor the sector is weak, perverse, or fragmented, the Bank may ask for


13Available at: http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:20040922~menuPK:34480~pagePK:34370~theSitePK:4607,00.html.

a government policy statement. In the discussions on this policy,opportunities can appear to confer with senior government officials,including ministers, on issues that should be addressed.

Telecommunications policy is a case in point and of particularrelevance to broadcasting development. Telecommunications policydialogue can provide an important context in which to discuss andanalyze broadcasting policies, regulatory responsibilities, and proce-dures, and can lead the government both to make formal policy state-ments and to propose changes in the legal and regulatory framework.

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BOX 56. Ghana’s National Telecommunications Policy and Development of a Broadcasting Law

In the lead-up to planning a substantial telecommunications project forGhana, the government developed a Telecommunications Policy, and theWorld Bank advised on this effort through its Telecommunications PolicyReview missions. One outgrowth of these discussions was that theNational Telecommunications Policy adopted by the cabinet and pub-lished in January 2005 states the Government’s intent to develop an ap-propriate legal and regulatory framework for broadcasting, andincluding in particular, for a three-tier system of public service, commu-nity and commercial radio and television stations. The Policy also ex-presses the Government’s intention to undertake a comprehensivereview of current broadcasting policy and legislation in Ghana, with theobjective of further expanding access to broadcast radio and televisionmedia for all citizens, providing for the greatest diversity of voice and lan-guages and for the preservation and ongoing creation of indigenous con-tent. It describes community broadcasting as a priority which that shouldbecome a new area for development.

As discussions proceeded to the barriers to entry facing communityradio applicants, the Government requested the Bank to assist in a studyof Ghana’s broadcasting sector, analyzing how Ghana’s enablingenvironment for broadcasting could be better aligned with emerginginternational good practice. The broadcasting study drew upon thedraft guide to good practice available at the time. The Governmentcirculated the broadcasting study for comment, along with the draftguide, in late 2005. Stakeholder discussions proceeded in 2006 withthese resources in hand, convened by the broad-based AdvocacySteering Committee for a New Broadcast Law, and in early 2007, a teamof Ghanaian experts drafted a framework for a Broadcasting Law forformal government review.

While telecommunications policy is often dominated by issues oftechnology and technical alternatives, expanding its perspective toencompass the broad public interests of developing an informed, en-gaged society can enable it to address broadcasting policy issues. The2005 National Telecommunications Policy of Ghana (Box 56) demon-strates this point.

Governance, transparency, and civic participation projects arebecoming an increasingly prominent part of the World Bank’s work.(Examples appear in Box 57.) They offer appropriate opportunitiesfor analysis, dialogue, and support to improve the policy, legal, reg-ulatory, and institutional framework affecting media functioning and


Box 57. Scaling up Citizen Feedback: Peru

In Peru, the Programmatic Social Reform Loan financed by the WorldBank included training of community radio stations to promote citizenparticipation and social auditing, the facilitation of strategic planningmeetings with rural and indigenous communities, and the preparation ofa community radio program on social accountability and social auditing.The loan focused on improving the enabling environment for citizen par-ticipation in the social sectors through enhanced access to informationand participatory budgeting. Many of the estimated 1,000 community ra-dio stations in Peru have been promoting citizens’ rights and participa-tion by providing a channel for information and voice to poor people intheir native languages. They became natural partners in the govern-ment’s efforts to improve citizen feedback on social sector programs.Demand for Good Governance: Cambodia. Cambodia’s proposed De-mand for Good Governance Project is devoted exclusively to develop-ing demand-side approaches to governance issues, strengthening andlinking the work of both governmental and nongovernmental actors.The project is in its early stages and would develop the extent and abil-ity of citizens, civil society organizations, and other nonstate actors tohold the state accountable and to make it responsive to their needs. Theproject involves a process of four key elements: promotion, mediation,response, and monitoring of demand, with transparency, participation,and accountability mechanisms being key to the project. As part of theproject’s support to institutional development as well as to specific pro-grams, it focuses on capacity building of the national radio broadcasteras an institution and on programming that promotes, mediates, andmonitors good governance.

diversified broadcasting sector development. When Freedom ofInformation legislation is being considered, media freedoms and sup-portive policies should be addressed at the same time. The “Right toTell” (as noted in the World Bank book of the same name) is inextri-cably related to making transparency measures work.

Community driven development (CDD) projects are evolvinginto very large programs that build capacities for local public servicedelivery and mechanisms for local government accountability. Thedevelopment of community broadcasting would constitute a big-im-pact intervention that would build systems and capacities for local,usually poor, communities to raise issues of concern to them, haveregular conversations with local government leaders, and have anopen mike to identify instances of corruption or governmental high-handedness.

Because community radio stations develop their own programs,they provide a forum for the listening community to raise issues ofimportance to them and facilitate their own dialogue on these topics.They give communities an opportunity to strengthen their organiza-tional capabilities and to build alliances for action through their pro-grams. They enable poor communities to inform themselves aboutissues arising in public services, to mobilize and share information,engage each other, and to develop their skills in pressing govern-ment officials to be accountable. All of these aspects contribute tochanging officials’ calculus and incentives and encouraging them tobehave as responsive public servants. In developing their skills inbalanced reporting and analysis of issues, community radio stationscan also play a vital role in conflict prevention and postconflictreconciliation.

Box 58 highlights CDD project support for community radio inTimor-Leste and the role of community radio in making local gov-ernment accountable in Ghana. As noted in Box 55, a large CDD proj-ect in Nigeria—Fadama III—is also poised to finance communityradio stations in several states.

Development Communications Assistance

Development communications is a growing area of donor assistance,and has evolved from equipping government with communica-tions strategies to a much broader, strategic orientation to the

Epilogue 257


Box 58. Community Driven Development and Post-ConflictReconstruction: Timor-Leste

Since 2000, the now completed World Bank supported Community Em-powerment and Local Governance Projects (CEP) began assisting Timo-rese communities to reconstruct their physical, economic, and socialinfrastructures destroyed by the violence of 1999. This project gave com-munities small grants for infrastructure and economic activities, sup-ported cultural heritage and social reconciliation activities, and alsoprovided direct assistance to community radio. Under the last compo-nent, CEP was able to support and scale up grassroots media develop-ment, particularly community broadcasting, by funding the training ofdistrict reporters to support the national public broadcaster and helpingestablish eight community radios in selected districts afterward. As ofApril 2007, seven out of eight community radio stations were broadcast-ing (the eighth is facing technical problems that are being addressed). Aspart of this effort, CEP’s community radio component also helped estab-lished a Community Radio Centre (CRC) in Dili, which continues to serveas a support hub for the network of community radios. The CRC is amember of the larger community radio association of Timor-Leste(ARKTL). The CRC’s mandate is to support these stations with training,technical assistance (maintenance and operations), and to promote op-portunities for partnership and networking with different groups—in-cluding donors—to build their capacity and support development ofpublic interest media and civic voice. Community radio in Timor-Lestecontinues to be a dynamic, though struggling, sector given the lack of aconducive enabling environment and funding opportunities to grow anddevelop. But it plays a strategic role in the current process of nation build-ing, social reconciliation and development, and local governance.

Making Local Government More Accountable: Ghana. In Ghana, acommunity radio station has begun to broadcast debate on a districtassembly floor. Others have weekly call-in and write-in programs thatput tough questions to the district chief executives (DCE) and raise con-cerns needing immediate government attention. This often provokes theDCE or assemblymen to call in and talk the issue through while the pro-gram is still on the air. The community radio stations broadcast follow-upmeetings with officials, and the reporting of inaction can get fairly intenseuntil the public service that was promised is delivered, or the publicfunds that were stolen are returned. These transformations affecting pub-lic servants’ incentives are expected to spread quickly once communityradio stations can be licensed appropriately.

communications sector as a whole.14 This area of work has the poten-tial to support not only communications sector assessments, as cur-rently, but also communications sector projects. These efforts arepromising when they are supported by government commitment tofreedom of information and expression and the cultivation of anengaged and informed society. Given its focus on enhancement ofcommunication with the public sector, development communicationhas great potential to create a platform for the reform of ministries ofinformation or communication and to help the dissemination of infor-mation from government to citizens and vice versa.

Convergences: Fostering Accountability, EngagedSocieties, and Collective LeadershipFostering robust, diverse, and participatory media is an integral partof furthering good governance and accountability. Pluralistic broad-casting can play a particularly powerful role because of its ability toinclude and shape social perspectives and capabilities, and its un-matched reach, especially to rural populations. It can foster informationexchange and airing and sharing of diverse perspectives, showcase

Epilogue 259

14The director for Development Communications in a speech in March 2007 summarizedan “empowered communication environment” that would:

1. Reform Ministries of Information—including delivering information as a service,and turning state broadcasters into public broadcasters, as a “development com-municator”;

2. Decentralize communications—taking communication beyond the capitals bothphysically and in terms of language;

3. Improve the functioning of private media—how to build financial sustainability,and support the material infrastructure;

4. Find out how people receive information and the factors that influence trust;5. Amend the legal environment for communication—regulatory and licensing; but

also taxation and import regimes, freedom of information, and criminal liable laws;6. Build a more sustainable market for media and associated sector;7. Build the capacity of civil society in relation to communication;8. Improve the training academic pipeline for media workers; and9. Explore the potential of new media to leapfrog ahead. Available at: http://web

.worldbank.org/wbsite/external/topics/extdevcommeng.

analyses, and stimulate public discussion and comment on govern-ment action or inaction. This ongoing feedback, analysis, and discus-sion through the media, and more inclusively through broadcasting,is an important complement to governments’ efforts tosupport development and to improve their own transparency, ac-countability, and effectiveness. Genuine accountability is a continuousprocess of interaction between government and the people. Limitedsolely to election times, such opportunities for feedback and policycorrections would verge on formalistic tokenism.

While development agencies have promoted policies to extendaccess to information—through, for instance, freedom of informationlegislation—they have rarely devoted equal attention to media inde-pendence, pluralism, accessibility, and capacity building at the be-ginning of the democratization process. However, enhancinghorizontal communication in society, and the means to share diverseperspectives, is arguably just as necessary.

The scale of the challenge facing developing countries, inparticular in setting up the robust and sustainable institutional struc-tures that constitute the backbone of an enabling media environment,should not be underestimated. The creation of a genuinely inde-pendent broadcast regulator with the capacity and authority to de-velop the sector in the public interest; the transformation of usuallystate-controlled broadcasters into public service broadcasters; the fa-cilitation of the emergence of both private sector and nonprofit com-munity broadcasting with maximum potential to contribute to thepublic interest together represent a major undertaking. These arelikely to be tackled at times incrementally, at times only through tak-ing bold steps forward.

Even partial progress can lead to significant improvements inparticipation and voice. Moreover, governance improvements are likelyto be better implemented and sustained where they are submitted toanalysis and public scrutiny from diverse points of view. It thus makessense to address the enabling environment for robust, diverse, and in-dependent media—including broadcasting—as an early step in gover-nance reform.

Incentives for diverse news reporting and issue analysis, and ca-pacity development to improve the quality of media content, includ-ing broadcast programming, are also needed. Mentoring and training


of reporters and editors, orientation and awareness-raising regardingcodes of conduct and self-regulation within the industry all play arole. Exposing journalists to international practices in the field canhelp. All these opportunities can sharpen skills in fact-finding and re-search, fact-checking with multiple sources, and interview tech-niques. A critical feature of the media’s ability to sustain their key rolein society is an ingrained understanding among media workers of theimportance of maintaining trust, independence, and integrity.

For broadcasters, this is a particularly important responsibility.Whether intentionally or not, broadcasters influence their audiences’tendencies and outlook, and so have a very real effect on society atlarge. What people hear every day over the airwaves has a pervasiveimpact on people’s sense of what is normal and acceptable. This in-cludes their inclination and ability to think critically, to listen activelyor passively, to express their views openly and clearly or to stay with-drawn, to discuss differences in points of view analytically and re-spectfully or to become hostile and ad hominum.

The content and style of broadcasting can have a strong impacton the listening public’s skills and interest in civic engagement, itsability to manage and prevent conflict, and its confidence to partici-pate in and help shape the directions of their communities and soci-ety. In 1998, a local nongovernmental organization in southernAlbania put it this way, when explaining why they planned to start acommunity radio station:

There’s a lot of help going to parliament and other structuresof government in Albania. But here, people generally don’tdisagree strongly and still stay calm so they can keep talking.They take it personally and get angry with each other, andthen get violent. We need talk shows and roundtables on theair, to model how to debate issues and deliberate, even withvery different views. We need this to develop a culture ofdemocracy.15

This explanation underlines the role of broadcasting, and particularlyof community radio, as a stimulant to local deliberation and debate.

Epilogue 261

15Auron Tare, speaking on behalf of plans for Radio Butrinti, established in Saranda,Albania in 2000.

Regional and national media, by their nature, generally fail to establishthat connection with local level realities, especially in countries withlarge poor populations often pushed to the margins of mainstreampublic debate. Here is where community radio can have a huge impact,helping the less well connected majority to have their concerns dis-cussed.

Key Policy ReformsOf all the measures discussed in this guide, several stand out as onesthat demand priority attention and where significant progress canpotentially be made. Overall, protection of freedom of expression isfundamental. Without it citizens can neither engage each other effec-tively nor hold their governments to account. And without it, inde-pendent media development will be confounded. In that context,three areas of reform are extremely important for broadcasting sectordevelopment:

1. Developing an effective and accountable regulator, inde-pendent of both government and commercial pressure;

2. Enabling critique of public officials the media, withoutfear of prosecution or retaliation;

3. Promoting diversity and civic voice including throughcommunity nonprofit broadcasting.

1. Create an effective and accountable broadcasting regulator inde-pendent of both government and commercial pressures.

Often a first major step in reforming the broadcasting sector is thecreation of a broadcasting regulator that is independent both ofgovernment and of commercial interests. The task is not easy butmerits early and concerted effort. The threat of regulatory capture—either by government or commercial interests—is ever present,especially in the early days when the regulator is building its cred-ibility and capacity. One strategy for addressing this is to institutespecific mechanisms for public review of its decisions and proce-dures, including means by which the public can participate, and togenerally ensure a high level of transparency and accountabilitywithin the organization. The effect is to build public confidence,which in turn can enhance authority and autonomy.


2. Decriminalize defamation and remove protections for public officials.

It is important to ensure that the wider legal environmentenables and, if possible, facilitates public critique and investiga-tive reporting. This has a number of components, such as respectfor the right to freedom of expression, and freedom of informa-tion laws, discussed in Part II of this guide. However, of all theperverse policies interfering with the robust functioning of themedia for the public good, the excessive protection of officialsfrom criticism, and the use of criminal sanctions for defamation,can have a particularly chilling effect on free discourse andthwart media’s contribution. Given the political will, remedyingthis distortion would face few technical difficulties, and canmake a significant difference to the practice of broadcastingjournalism.

3. Promote diversity and civic voice: Open space for communitynonprofit broadcasting and promote sustainable funding mecha-nisms for nonprofits.

The overall goal proposed here is the creation of an environ-ment in which a range of different broadcast subsectors canemerge, from public service, to private sector, to community non-profit, and quite a few variations in between. The precise config-urations possible will depend on local circumstances and needs.But community nonprofit broadcasting, especially communityradio, has a particular relevance in the context of a public interestapproach given its capacity to address and create dialogue onmatters of local interest; to cultivate habits and skills of citizenparticipation, including interacting with those in power; and toempower marginalized communities, including in their local lan-guages. The impact of community radio, where it is given the op-portunity to thrive, can be both direct and highly visible.

An important first step is to recognize these different broad-casting subsectors in law, and for the licensing and taxationregime to differentiate requirements for community nonprofitbroadcasters from those applied to commercial operators, with aview to eliminating barriers to entry and enhancing diverse vehiclesfor public debate, particularly for the poor. Licensing for community

Epilogue 263

nonprofit broadcasters should not impose fees, and should bestreamlined in procedure. It should eliminate or greatly reducetechnical requirements, compared to commercial broadcasters,and instead emphasize community participation in the owner-ship, management, and operation of the broadcasting station andsupport to the development and communication needs of thecommunity served. Licensing for community nonprofit broad-casters should not place restrictions on their news and currentevents coverage, or uniform restrictions on their power and cov-erage; these should be determined instead on the basis of the needsof the community to be served and the topographical context.

The community nonprofit sector is usually built initially on the en-ergy and commitment of the community itself. It can attract consid-erable donor support in some circumstances, but protracted relianceon this can have a negative impact. It is important to allow nonprofitbroadcasters to mobilize resources from diverse sources, such assponsorships, membership fees, announcements, and local advertis-ing. A central challenge is how to provide an ongoing core incomeand to create the conditions that will allow it to attract a diversity ofother sources of funding. A good approach will also open a degree ofdistance between local commercial media and the community non-profit model by ensuring they do not directly compete, while main-taining complete autonomy from political interest by using amechanism other than a government or parliamentary budgetary al-location. The French Radio Expression Support Fund (RESF), for ex-ample, gathers significant funding from a special tax levied oncommercial radio and television advertising—a small tax on a rela-tively large pool—and redirects it toward “associative” radio, attach-ing certain conditions that include the capacity to attract localsupport and the production of quality programs of interest locally.These RESF resources are targeted to those stations that cannot mo-bilize more than 25% of their total resource needs from commercialadvertising. Alternative public funding mechanisms are discussed inChapter 12.

Capacity Building for Broadcasting Reform and Development

These policy and institutional steps should be complemented withthe development of both regulators’ and broadcasters’ capacities.


As new systems are put in place to simplify and accelerate licensingand frequency assignment to community nonprofits, the staff re-sponsible for implementing these systems will need concerted train-ing. Representatives of community broadcasters should participatein the same training since it is likely that the dialogue that willemerge from this shared experience will enable the procedures to bebetter tailored to realities, and both applicants and regulators get aclear sense of how the procedures are supposed to be implemented.

Capacity building for broadcasters is also an important factor inenabling the sector to deliver on the public interest goals of cultivatingactive, constructive, social engagement. A key shortcoming at presentis the lack of capacity of those who work in the broadcasting industryto maximize its potential for enhancing accountability, dialogue, andinteraction. Such programs should of course include training in pro-gram production, moderating, and reporting. But they should alsoinclude training in how to structure roundtable discussions and clarifyand enforce ground rules, how to encourage a diversity of views and apractice of acknowledging and building on each others’ contributions,how to demonstrate critical analyses and deliberative pursuit of issues,how to maintain and encourage calmness and respect for all.

For community nonprofit broadcasting, this extends to training ofcommunity reporters and producers, and stimulating people at thegrass roots—even the very poor and marginalized—to raise questionsthat concern them, to critically evaluate the information they get, and toidentify sources of information and local professional experts—the lo-cal nurse, the agricultural extension officer—to give regular programsand answer questions on the air. This mode of thinking and doing is oneway of nurturing people’s capacities for collective leadership.

Successfully implementing steps toward a public interest approachto broadcasting demands leadership—at the political level in the earlystages and, as progress is made, at every level within the sectors, in pub-lic service, private and community nonprofit sectors. Moreover, the verypurpose of a broadcasting sector that encourages informed engagementis that it builds leadership capacities and practices throughout society.

As experts pointed out consistently at a “Leadership Matters” con-ference in April 2007,16 leadership is not an individual responsibility or

Epilogue 265

16World Bank Capacity Day 2007: “Leadership Matters—Vision, Effectiveness, andAccountability,” Washington, DC, April 19, 2007.

ability—it is a collective process. Building capacity for leadership needsto be experiential, iterative, and continuous. It is about building collab-orative capacities, abilities to respect diversity and work together de-spite differences, developing capacities to deliberate, analyze, proposeand cocreate the future.

A public interest approach to broadcasting development has thesame goals.


267

This Bibliographical Annex is a collection of core documents and ref-erence materials designed to provide readers with summaries andlinks to the original text of source materials referred to in the guide,as well as other tools and materials that readers might find useful.These materials are organized into the following categories:

1. Media and Development (267–279)

2. Community Media (280–289)

3. Communication and Development (290–294)

4. Financing Broadcast Media (295–297)

5. Targeting an Audience for Broadcast Media (298–299)

6. Sustaining Broadcast Media (300–301)

7. Tool Kits and Handbooks on Community Media (302–309)

8. Mass Media: Gender, Race, and Youth Issues (310–311)

9. Information Communication Technology (ICTs) (312–316)

10. Assessing and Measuring the Impact of InformationCommunication Technology (ICTs) (317–319)

11. Impact Assessments, Monitoring, and Evaluation (General) (320–323)

12. International Declarations on Development and Freedoms ofExpression, Communication, and the Press (324–326)

13. International Conventions and Covenants (327)

14. Responsibilities of Special Rapporteurs on Freedom ofExpression (328–329)

15. Legal and Regulatory Development Frameworks for BroadcastMedia (330–332)

16. Freedom of Expression, Access to Information, and PressFreedom (333–353)

17. Laws Evincing Good Practice on Freedoms of Information,Communication, and the Press (354–360)

18. Mass Media and Governance (361–365)

Bibliographical Annex

19. Mass Media and Democratization (366–373)

20. Cases and Comments on Freedoms of Expression,Communication, and the Press (374–377)

This annex is designed to be used by government officials, mediapractitioners, civil society groups, and members of the general publicwho are interested in good practices in broadcasting policy, law, andregulation. While this annex is not exhaustive, it does provide an in-troduction to important broadcasting issues; key international stan-dards and good practice standard documents; useful materials thatfocus on evaluating communication, participatory projects, and ex-periences; impact assessment methodologies; useful instructionalmaterial to create and sustain broadcasting outlets (including com-munity radio stations), salient cases, and comments on freedoms ofexpression, communication, and the press; guidance on creation oflocally specific policies, legislation, regulation, and institutions; andmuch more.

268 Bibliographical Annex

269

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s w

ith th

ede

man

ds o

f the

pop

ulac

e. T

he a

rticl

e al

so e

xam

ines

cas

e st

udie

sto

illu

stra

te s

ucce

ssfu

l ins

tanc

es o

f thi

s ty

pe o

f coo

rdin

atio

n(P

olan

d, H

unga

ry),

cont

inue

d pr

eval

ence

of c

onfli

ct (U

krai

ne),

and

coor

dina

tion

not i

n th

e pu

blic

inte

rest

(Bul

garia

).

Glo

bal

2004

Com

mun

icat

ion

for

Dev

elop

men

tR

ound

tabl

eR

epor

t: Fo

cus

onSu

stai

nabl

eD

evel

opm

ent

Food

and

Agr

icul

ture

Org

aniz

atio

n of

the

Uni

ted

Nat

ions

9th

Uni

ted

Nat

ions

Com

mun

icat

ion

for

Dev

elop

men

tR

ound

tabl

e

Rep

ort p

rovi

des

an o

verv

iew

of t

he r

ole

of c

omm

unic

atio

n in

deve

lopm

ent.

It in

trod

uces

con

cept

s as

soci

ated

with

the

phen

omen

on o

f the

“in

form

atio

n so

ciet

y” a

nd s

ets

out

reas

ons

why

the

rapi

d ex

pans

ion

of IC

Ts h

as n

ot b

ridge

d th

ega

p be

twee

n kn

owle

dge

and

info

rmat

ion,

a r

esul

t of w

hich

islim

ited

part

icip

atio

n by

man

y po

pula

tions

in th

e de

velo

ping

wor

ld in

the

deve

lopm

ent p

roce

ss. I

t add

ition

ally

offe

rsre

com

men

datio

ns o

n ho

w to

sca

le u

p co

mm

unic

atio

n fo

rde

velo

pmen

t, bu

ild a

com

mun

icat

ion

com

pone

nt in

tode

velo

pmen

t pro

ject

s fr

om in

cept

ion,

and

to e

ncou

rage

natio

nal f

ram

ewor

ks to

sup

port

free

and

plu

ralis

ticin

form

atio

n sy

stem

s an

d co

mm

unity

med

ia. I

t add

ition

ally

calls

for

impr

ovem

ents

in r

esea

rch

and

trai

ning

for

com

mun

icat

ion

for

deve

lopm

ent p

ract

ition

ers;

the

deve

lopm

ent o

f new

tool

s an

d sk

ills

for

eval

uatio

n an

dim

pact

ass

essm

ents

; the

bui

ldin

g of

alli

ance

s; an

d th

e fo

ster

ing

of lo

cal,

natio

nal,

and

regi

onal

com

mun

icat

ion

for

deve

lopm

ent p

roce

sses

.

ftp:/

/ftp

.fao.

org/

docr

ep/

fao/

008/

y598

3e/

y598

3e00

.pdf

Glo

bal

2004

Supp

ortin

gPu

blic

Ser

vice

Broa

dcas

ting:

Lear

ning

from

Bosn

ia a

ndH

erze

govi

na’s

Expe

rienc

e

Ale

xand

raW

ilde,

with

Eliz

abet

hM

cCal

l

Uni

ted

Nat

ions

Dev

elop

men

tPr

ogra

m

Rep

ort e

xam

ines

bro

adca

st m

edia

sec

tor

refo

rm, w

ithpa

rtic

ular

reg

ard

to p

ublic

ser

vice

bro

adca

stin

g, w

ith a

vi

ew to

mee

ting

dem

ocra

tic g

over

nanc

e an

d po

vert

yre

duct

ion

obje

ctiv

es. T

he r

epor

t is

prim

arily

info

rmed

by

aca

se s

tudy

on

broa

dcas

ting

rest

ruct

urin

g in

Bos

nia

and

Her

zego

vina

.

http

://w

ww

.und

p.or

g/go

vern

ance

/doc

s/A

2I_P

ub_

Publ

icSe

rvic

eBro

adca

stin

g.pd

f

272

Glo

bal

2003

A M

odul

e fo

rM

edia

Inte

rven

tion:

Con

tent

Reg

ulat

ion

inPo

st-C

onfli

ctZ

ones

Pete

r K

rug

and

Mon

roe

Pric

eR

epor

t exa

min

es h

ow m

anag

emen

t in

post

-con

flict

cou

ntrie

sof

legi

slativ

e an

d ex

ecut

ive

func

tions

by

inte

rnat

iona

lgo

vern

men

tal o

rgan

izat

ions

affe

cts

med

ia r

egul

atio

n. It

anal

yzes

the

stan

dard

s us

ed b

y th

e in

tern

atio

nal c

omm

unity

rela

ting

to m

edia

reg

ulat

ion,

the

mec

hani

sms

used

to e

nfor

ceits

rul

es, a

nd h

ow th

e re

sulti

ng m

echa

nism

s co

mpa

re to

univ

ersa

l sta

ndar

ds a

nd g

ood

prac

tice.

http

://p

aper

s.ssr

n.co

m/s

ol3/

pape

rs.c

fm?a

bstr

act_

id=

3686

61

Glo

bal

2003

The

Diff

usio

nof

Inno

vatio

nsEv

eret

t Rog

ers

Book

set

s ou

t a th

eory

that

ana

lyze

s th

e ad

apta

tion

of a

new

inno

vatio

n. T

he th

eory

is c

ompr

ised

of th

e fo

llow

ing

four

elem

ents

: 1)

the

inno

vatio

n; 2

) co

mm

unic

atio

n ch

anne

ls;

3) ti

me;

and

4)

the

soci

al s

yste

m.

Glo

bal

2003

Broa

dcas

ting

and

Dev

elop

men

t:O

ptio

ns fo

r th

eW

orld

Ban

k

Car

ter

Eltz

roth

and

Cha

rles

Ken

ny

Wor

king

pap

er a

rgue

s th

at b

road

cast

ing

can

be a

n im

port

ant

sour

ce o

f eco

nom

ic g

row

th a

nd p

over

ty r

educ

tion

inde

velo

ping

cou

ntrie

s. Th

e w

orki

ng p

aper

cite

s re

sear

ch th

atin

dica

tes

that

at l

east

75%

of t

he p

opul

atio

n of

the

wor

ld is

with

in “

easy

acc

ess”

of s

ome

form

of b

road

cast

tech

nolo

gy,

part

icul

arly

rad

ios.

This

acce

ss is

ben

efic

ial b

ecau

se in

form

atio

nex

chan

ge p

rolif

erat

es v

alua

ble

soci

al, e

cono

mic

, and

pol

itica

lin

form

atio

n, a

s w

ell a

s ed

ucat

iona

l and

pra

ctic

al in

form

atio

nth

at e

ncou

rage

s pe

ople

in r

ural

are

as o

f the

dev

elop

ing

wor

ldto

bec

ome

mor

e fis

cally

effi

cien

t and

aw

are

of e

mpl

oym

ent,

inve

stm

ent,

and

trad

e op

port

uniti

es. I

nnov

atio

ns in

ICT

deve

lopm

ent i

ncre

ase

the

appe

al o

f bro

adca

stin

g, w

hich

broa

dens

the

reac

h of

bro

adca

stin

g, w

hich

ena

bles

mor

e pe

ople

in th

e de

velo

ping

wor

ld to

hav

e ac

cess

to in

form

atio

n, w

hich

enco

urag

es g

reat

er fi

scal

res

pons

ibili

ty a

s w

ell a

s so

cial

and

polit

ical

par

ticip

atio

n. T

he w

orki

ng p

aper

pro

vide

s ex

ampl

es o

fho

w th

is pr

oces

s ha

s cu

lmin

ated

in c

ogni

zabl

e in

stan

ces

ofec

onom

ic g

row

th a

nd p

over

ty r

educ

tion.

http

://i

ris37

.wor

ldba

nk.o

rg/

dom

doc/

PRD

/Oth

er/P

RD

DC

onta

iner

.nsf

/WB_

Vie

wA

ttach

men

ts?R

eadF

orm

&ID

=85

256D

2400

766C

C78

5257

09E0

0598

8CF&

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

273

Glo

bal

2003

Use

and

Abu

seof

Med

ia in

Vul

nera

ble

Soci

etie

s

Mar

k Fr

ohar

dtan

d Jo

nath

anTe

min

Uni

ted

Stat

esIn

stitu

te o

fPe

ace

Rep

ort p

rovi

des

an o

verv

iew

of w

ays

in w

hich

med

ia m

ight

be m

anip

ulat

ed to

inst

igat

e vi

olen

t con

flict

. It d

evel

ops

stru

ctur

al a

nd c

onte

nt in

dica

tors

to e

valu

ate

whe

ther

med

iase

ctor

s in

cer

tain

cou

ntrie

s ar

e su

scep

tible

to th

is m

anne

r of

man

ipul

atio

n. T

he s

truc

tura

l ind

icat

ors

incl

ude:

med

ia v

arie

tyan

d pl

ural

ity, t

he d

egre

e of

jour

nalis

t iso

latio

n, a

nd th

e le

gal

envi

ronm

ent f

or m

edia

. The

con

tent

indi

cato

rs in

clud

eco

nten

t des

igne

d to

cre

ate

fear

or

resig

natio

n. T

he r

epor

tsu

ppor

ts e

ffort

s to

mon

itor

thes

e in

dica

tors

in m

edia

sec

tors

,an

d se

ts o

ut m

etho

ds fo

r in

terv

entio

n to

com

bat t

hem

anip

ulat

ion

of th

e m

edia

.

http

://w

ww

.usip

.org

/pub

s/sp

ecia

lrepo

rts/

sr11

0.ht

ml

Glo

bal

2002

The

Rig

ht to

Tell:

The

Rol

eof

Mas

s M

edia

in E

cono

mic

Dev

elop

men

t

Rou

mee

n Is

lam

(Edi

tor)

The

Wor

ldBa

nk (

WB

ID

evel

opm

ent

Stud

ies)

Boo

k co

mpi

les

a se

ries

of a

rtic

les

from

nin

etee

nco

ntrib

utor

s, w

hich

col

lect

ivel

y ar

gue

that

an

inde

pend

ent

pres

s is

esse

ntia

l to

soun

d an

d eq

uita

ble

econ

omic

deve

lopm

ent b

ecau

se it

hel

ps to

giv

e a

voic

e to

the

poor

and

the

dise

nfra

nchi

sed.

In n

inet

een

artic

les,

the

book

expl

ores

the

wat

ch-d

og r

ole

of th

e m

edia

, with

par

ticul

arem

phas

is on

the

pow

er o

f the

med

ia to

incr

ease

gove

rnm

ent a

nd c

orpo

rate

acc

ount

abili

ty. I

t also

exp

lore

spo

licie

s th

roug

hout

the

deve

lopi

ng w

orld

that

pre

vent

the

med

ia fr

om e

xerc

ising

this

wat

ch-d

og r

ole.

The

boo

k fu

rthe

ras

sess

es th

e w

ay in

whi

ch th

e m

edia

func

tion,

to tr

ansm

itne

w id

eas

and

info

rmat

ion.

Som

e co

ntrib

utor

s pr

esen

t cas

est

udie

s of

cha

lleng

es fa

ced

by th

e m

edia

in s

peci

ficco

untr

ies,

incl

udin

g B

angl

ades

h, E

gypt

, the

form

er S

ovie

tU

nion

, Tha

iland

, and

Zim

babw

e.

http

://p

ublic

atio

ns.w

orld

bank

.org

/eco

mm

erce

/cat

alog

/pr

oduc

t?co

ntex

t=dr

illdo

wn

&ite

m%

5fid

=15

7596

8 (f

or p

urch

ase)

Glo

bal

2002

Empo

wer

men

tan

d Po

vert

yR

educ

tion:

ASo

urce

book

Dee

paN

aray

an

The

Wor

ld B

ank

Book

pro

vide

s an

ove

rvie

w o

f em

pow

erm

ent f

rom

an

inst

itutio

nal p

ersp

ectiv

e an

d di

scus

ses

the

rela

tions

hip

betw

een

indi

vidu

al a

nd c

olle

ctiv

e as

sets

and

cap

abili

ties,

incl

udin

gco

llect

ive

actio

n. It

pro

vide

s ke

y el

emen

ts o

f an

empo

wer

ing

http

://s

itere

sour

ces.w

orld

bank

.org

/IN

TEM

POW

ERM

ENT/

Res

ourc

es/4

8631

2109

5094

9545

94/d

raft.

pdf

274

appr

oach

, ide

ntifi

es c

ondi

tions

that

hel

p de

term

ine

wha

tki

nd o

f app

roac

h is

feas

ible

in d

iffer

ent c

onte

xts,

and

sum

mar

izes

less

ons

lear

ned

(fro

m W

orld

Ban

k ex

perie

nce)

to im

plem

ent a

sys

tem

atic

app

roac

h to

em

pow

erm

ent.

Itin

clud

es r

efer

ence

s to

the

impo

rtan

ce o

f fre

e an

dpl

ural

istic

med

ia, a

s w

ell a

s th

e fu

ndam

enta

l im

port

ance

of

acce

ss to

info

rmat

ion,

com

mun

ity m

edia

, and

mor

e.

Glo

bal

2002

Med

ia a

nd th

eEm

pow

erm

ent o

fC

omm

uniti

es fo

rSo

cial

Cha

nge

Chi

do E

.F.

Mat

ewa

(A th

esis

subm

itted

to th

eU

nive

rsity

of

Man

ches

ter

for

the

degr

ee o

f PhD

in th

e Fa

culty

of

Educ

atio

n)

Thes

is pa

per

exam

ines

the

exte

nt to

whi

ch p

artic

ipat

ory

radi

o pr

oduc

tion

cont

ribut

es to

the

empo

wer

men

t and

adva

ncem

ent o

f wom

en a

nd m

argi

naliz

ed c

omm

uniti

es. I

tad

ditio

nally

exa

min

es h

ow c

omm

unity

nee

ds in

tere

sts

are

serv

ed b

y pa

rtic

ipat

ory

radi

o pr

oduc

tion.

The

pap

er’s

met

hodo

logy

incl

uded

inte

rvie

ws;

obse

rvat

ions

of r

adio

liste

ners

clu

bs; r

esea

rch

mob

iliza

tion

of r

elat

ed a

rtic

les,

docu

men

ts, a

nnua

l and

gen

eral

rep

orts

; and

mor

e.

http

://w

ww

.com

min

it.c

om/e

valu

atio

ns/

idm

atew

a/sld

-224

1.ht

ml

Glo

bal

2002

Stre

ngth

enin

gPa

rtne

rshi

ps a

mon

gLo

cal F

M R

adio

Net

wor

ks a

ndR

epro

duct

ive

Hea

lthA

genc

ies

onH

IV/A

IDS—

A R

evie

wof

the

Effe

ctiv

enes

s of

Loca

l FM

Rad

io in

Prom

otin

gR

epro

duct

ive

Hea

lth,

HIV

/AID

S Pr

even

tion,

and

Gen

der

Equi

ty

Uni

ted

Nat

ions

Popu

latio

n Fu

nd(U

NPF

) an

dPo

pula

tion

Med

iaC

ente

r (P

MC

)

Pape

r pr

ovid

es a

n ov

ervi

ew o

f how

loca

l FM

rad

io h

asbe

en u

sed

in c

ount

ries

thro

ugho

ut th

e w

orld

to p

rom

ote

heal

th a

nd d

evel

opm

ent g

oals.

It w

as c

reat

ed to

info

rmU

nite

d N

atio

ns P

opul

atio

n Fu

nd c

ount

ry r

epre

sent

ativ

es o

fth

e po

tent

ial u

se o

f loc

al a

nd c

omm

unity

rad

io to

ach

ieve

heal

th o

bjec

tives

.

http

://w

ww

.unf

pa.o

rg/

uplo

ad/l

ib_p

ub_f

ile/4

86_

filen

ame_

157_

filen

ame_

com

mm

unity

radi

o.pd

f

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

275

Glo

bal

2002

Dist

ribut

ing

New

s an

dPo

litic

al In

fluen

ce

Dav

id S

tröm

berg

Inst

itute

for

Inte

rnat

iona

lEc

onom

ic S

tudi

es,

Stoc

khol

mU

nive

rsity

, and

Cen

tre

for

Econ

omic

Pol

icy

Res

earc

h

Cha

pter

exa

min

es th

e ef

fect

of m

ass

med

ia o

n th

e re

cipi

ents

of th

e po

litic

al in

form

atio

n it

tran

smits

, as

wel

l as

wha

tin

form

atio

n is

actu

ally

rec

eive

d. It

sta

tes

that

this

proc

ess

influ

ence

s po

licy

form

atio

n be

caus

e po

litic

ians

gen

eral

lyta

rget

info

rmed

mem

bers

of t

he p

ublic

and

ref

er to

wel

l-co

vere

d iss

ues

beca

use

info

rmed

peo

ple

are

mor

e lik

ely

tovo

te th

an u

nifo

rmed

peo

ple,

and

are

also

mor

e lik

ely

to v

ote

for

the

cand

idat

e w

ho fu

rthe

rs th

eir

inte

rest

. The

cha

pter

addi

tiona

lly d

emon

stra

tes

that

vot

ers

are

mor

e re

spon

sive

tofa

vora

ble

polic

ies

that

are

thor

ough

ly e

xpos

ed b

y th

e m

edia

.

http

://w

ww

.iies

.su.se

/~st

rom

ber/

wbb

ook.

pdf

Glo

bal

2002

Mas

s M

edia

Com

petit

ion,

Polit

ical

Com

petit

ion,

and

Publ

ic P

olic

y

Dav

id S

tröm

berg

Inst

itute

for

Inte

rnat

iona

lEc

onom

ic S

tudi

es,

Stoc

khol

mU

nive

rsity

, and

Cen

tre

for

Econ

omic

Pol

icy

Res

earc

h

Art

icle

exa

min

es th

e in

cent

ives

had

by

the

med

ia to

del

iver

new

s to

diff

eren

t gro

ups

and

argu

es th

at th

e m

ass

med

iaaf

fect

s po

licy

beca

use

it pr

ovid

es m

ost o

f the

info

rmat

ion

peop

le u

se to

asc

erta

in th

eir

votin

g pr

efer

ence

s an

d of

fers

am

odel

that

map

s th

is ph

enom

enon

.

http

://w

ww

.iies

.su.se

/~st

rom

ber/

Med

iaC

omp.

pdf

(see

also

) ht

tp:/

/ww

w.ii

es.su

.se/~

stro

mbe

r/R

adio

.pdf

Glo

bal

2002

Wor

ldD

evel

opm

ent

Rep

ort 2

002:

Build

ing

Inst

itutio

ns fo

rM

arke

ts

The

Wor

ld B

ank

Cha

pter

10

of th

e re

port

focu

ses

on th

e de

velo

pmen

tim

plic

atio

ns o

f the

med

ia (

whi

ch th

e re

port

def

ines

toin

clud

e br

oadc

astin

g te

chno

logi

es, s

uch

as r

adio

, tel

evisi

on,

and

the

Inte

rnet

). Sp

ecifi

cally

, the

rep

ort e

xam

ines

the

role

of

the

med

ia a

s a

bene

ficia

l aca

dem

ic in

stru

men

t, as

am

echa

nism

to im

prov

e pu

blic

hea

lth, a

nd a

s a

mec

hani

sm to

affe

ct p

oliti

cs a

nd c

ultu

re. I

t goe

s on

to s

tate

that

to b

eef

fect

ive,

the

med

ia m

ust:

1) b

e in

depe

nden

t/ac

coun

tabl

e; 2

)be

cha

ract

eriz

ed b

y hi

gh q

ualit

y re

port

ing;

and

3)

enjo

y a

broa

d re

ach

(to

as m

uch

of th

e pu

blic

as

poss

ible

).

http

://w

ww

.wor

ldba

nk.o

rg/

wdr

/200

1/fu

lltex

t/fu

lltex

t20

02.h

tm

276

Glo

bal

2001

A P

assio

n fo

rR

adio

: Rad

ioW

aves

and

Com

mun

ity

Bruc

e G

irard

(edi

tor)

Book

pro

vide

s tw

enty

-one

alte

rnat

ive

radi

o ex

perie

nces

,w

ritte

n by

peo

ple

from

var

ious

cou

ntrie

s w

ho a

reac

tivel

y in

volv

ed in

the

med

ium

.

http

://w

ww

.com

unic

a.or

g/pa

ssio

n/pd

f/pa

ssio

n4ra

dio.

pdf

Glo

bal

2001

Who

Ow

ns th

eM

edia

?Si

meo

n D

jank

ov,

Car

alee

McL

iesh

,Ta

tiana

Nen

ova,

and

And

rei S

hlei

fer

Wor

ld B

ank

Polic

yR

esea

rch

Wor

king

Pape

r N

o. 2

620

and

Har

vard

Inst

itute

of

Econ

omic

Res

earc

hPa

per

No.

191

9

Wor

king

pap

er e

xam

ines

the

patte

rns

of m

edia

ow

ners

hip

in n

inet

y-se

ven

coun

trie

s th

roug

hout

the

wor

ld. I

tco

nclu

des

that

in a

lmos

t eve

ry c

ount

ry, t

he la

rges

t med

iafir

ms

are

owne

d by

eith

er th

e go

vern

men

t or

by p

rivat

efa

mili

es. I

t sta

tes

that

gov

ernm

ent o

wne

rshi

p is

mor

epe

rvas

ive

in b

road

cast

ing

than

in p

rinte

d m

edia

, and

isge

nera

lly a

ssoc

iate

d w

ith le

ss p

ress

free

dom

; few

, if a

ny,

polit

ical

and

eco

nom

ic r

ight

s; an

d in

ferio

r so

cial

out

com

es,

part

icul

arly

in h

ealth

and

edu

catio

n. It

furt

her

stat

es th

atth

ese

nega

tive

aspe

cts

of g

over

nmen

t con

trol

are

not

rest

ricte

d to

gov

ernm

ent m

onop

olie

s of

the

med

ia.

http

://p

aper

s.ssr

n.co

m/s

ol3/

pape

rs.c

fm?a

bstr

act_

id=

2673

86#

Pape

rDow

nloa

d

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2001

Wor

ldD

evel

opm

ent

Rep

ort

2000

/200

1:A

ttack

ing

Pove

rty

The

Wor

ldBa

nkR

epor

t exa

min

es th

e va

rious

dim

ensio

ns o

f pov

erty

,in

clud

ing

the

lack

of a

dequ

ate

food

, she

lter,

educ

atio

n,he

alth

, and

oth

er d

epriv

atio

ns, a

s w

ell a

s vu

lner

abili

ties

tohe

alth

pro

blem

s, ec

onom

ic d

isloc

atio

n, a

nd n

atur

aldi

sast

ers.

It go

es o

n to

sho

w h

ow p

over

ty y

ield

spo

wer

less

ness

, with

par

ticul

ar r

egar

d to

key

soc

ial,

polit

ical

,an

d ec

onom

ic d

ecisi

ons.

The

repo

rt s

peci

fical

ly id

entif

ies

the

lack

of a

free

ly fl

owin

g in

form

atio

n ex

chan

ge a

s a

key

barr

ier

to e

cono

mic

dev

elop

men

t thr

ough

out t

hede

velo

ping

wor

ld, a

nd r

emar

ks o

n th

e im

port

ance

of I

CTs

.

http

://w

eb.w

orld

bank

.org

/W

BSI

TE/E

XTE

RN

AL/

TOPI

CS/

EXTP

OV

ERTY

/0,

cont

entM

DK

:201

9598

9~pa

gePK

:148

956~

piPK

:216

618

~th

eSite

PK:3

3699

2,00

.htm

l

277

Glo

bal

1999

Dev

elop

men

tas

Fre

edom

Am

arty

a Se

nBo

ok s

tate

s th

at d

evel

opm

ent h

as b

een

reco

ncei

ved

by th

epr

omot

ion

of h

uman

free

dom

and

that

ope

n di

alog

ue, c

ivil

free

dom

s, an

d po

litic

al li

bert

ies

are

requ

isite

to a

chie

vesu

stai

nabl

e de

velo

pmen

t. Th

e bo

ok te

sts

this

argu

men

t usin

gse

vera

l cas

e st

udie

s, in

clud

ing

coun

trie

s in

Afr

ica,

the

Far

East

, and

the

form

er S

ovie

t blo

c. It

focu

ses

on th

e in

divi

dual

,in

term

s of

age

ncy

and

as a

par

ticip

ant i

n ec

onom

ic, s

ocia

l,an

d po

litic

al a

ctio

ns. T

he b

ook

stat

es th

at th

ere

are

five

dist

inct

type

s of

inst

rum

enta

l fre

edom

: 1)

Polit

ical

Fre

edom

s:op

port

uniti

es to

det

erm

ine

who

sho

uld

gove

rn a

nd o

n w

hat

prin

cipl

es, i

nclu

ding

the

free

dom

of p

oliti

cal e

xpre

ssio

n an

dan

unc

enso

red

pres

s; 2

) Ec

onom

ic F

reed

oms:

opp

ortu

nitie

sto

use

eco

nom

ic r

esou

rces

for

cons

umpt

ion,

pro

duct

ion,

or

exch

ange

; 3)

Soci

al O

ppor

tuni

ties:

soc

ieta

l app

roac

hes

toed

ucat

ion,

hea

lth c

are,

etc

., w

hich

influ

ence

bot

h in

divi

dual

s’su

bsta

ntiv

e fr

eedo

m to

live

bet

ter

and

thei

r ef

fect

ive

part

icip

atio

n in

eco

nom

ic a

nd p

oliti

cal a

ctiv

ities

;4)

Tra

nspa

renc

y G

uara

ntee

s: th

e ne

ed fo

r op

enne

ss a

nd th

efr

eedo

m to

dea

l with

one

ano

ther

und

er g

uara

ntee

s of

disc

losu

re a

nd lu

cidi

ty; a

nd 5

) Pr

otec

tive

Secu

rity:

th

e ne

ed fo

r a

soci

al s

afet

y ne

t to

prev

ent p

ublic

mise

ry, o

rev

en s

tarv

atio

n an

d de

ath.

The

boo

k fu

rthe

r de

mon

stra

tes

that

dev

elop

men

t req

uire

s th

e re

mov

al o

f maj

or s

ourc

es o

f“u

nfre

edom

” (p

over

ty, t

yran

ny, p

oor

econ

omic

oppo

rtun

ities

, sys

tem

atic

soc

ial d

epriv

atio

n, n

egle

ct o

f pub

licfa

cilit

ies,

into

lera

nce,

and

ove

r-ac

tivity

of r

epre

ssiv

e st

ates

)an

d th

at th

e m

arke

t is

gene

rally

abl

e to

con

trib

ute

to h

igh

econ

omic

gro

wth

and

to o

vera

ll ec

onom

ic p

rogr

ess.

The

book

war

ns th

at th

e im

port

ance

of t

he m

arke

t mus

t be

seco

ndar

y to

the

dire

ct s

igni

fican

ce o

f the

free

dom

toin

terc

hang

e (w

ords

, goo

ds, g

ifts,

etc.

).

278

Asia

2001

Med

ia v

ersu

sG

loba

lizat

ion

and

Loca

lizat

ion

Jan

Serv

aes

and

Ric

o Li

eA

rtic

le e

xam

ines

the

cont

empo

rary

disa

gree

men

t reg

ardi

ngho

w to

con

cept

ualiz

e gl

obal

izat

ion

in te

rms

of it

s st

ruct

ural

,so

cioe

cono

mic

con

sequ

ence

s, an

d w

hich

impl

icat

ions

it h

ason

sta

te p

ower

and

gov

erna

nce.

It n

otes

that

this

deba

te is

esse

ntia

lly c

ompr

ised

of th

ree

sepa

rate

thes

es o

ngl

obal

izat

ion:

1)

the

(hyp

er)g

loba

list p

ersp

ectiv

e, 2

) th

esk

eptic

al o

r tr

aditi

onal

ist p

ersp

ectiv

e, a

nd 3

) th

etr

ansf

orm

atio

nalis

t per

spec

tive.

The

art

icle

exa

min

es th

ese

diffe

rent

app

roac

hes

to g

loba

lizat

ion

in li

ght o

f Asia

n m

edia

and

cultu

re.

http

://w

ww

.wac

c.or

g.uk

/w

acc/

cont

ent/

pdf/

1144

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

1999

Rad

io a

ndH

IV/A

IDS:

Mak

ing

aD

iffer

ence

—Th

e Es

sent

ial

Han

dboo

k

UN

AID

SM

edia

Act

ion

Inte

rnat

iona

l

Gor

don

Ada

m a

ndN

icol

a H

arfo

rdH

andb

ook

exam

ines

the

role

of b

road

cast

ing

inH

IV/A

IDS

prev

entio

n. It

focu

ses

prim

arily

on

com

mer

cial

and

pub

lic s

ervi

ce b

road

cast

ing.

http

://d

ata.

unai

ds.o

rg/

Publ

icat

ions

/IR

C-p

ub05

/JC

429-

Rad

io_e

n.pd

f

Glo

bal

1995

Our

Cre

ativ

eD

iver

sity:

Rep

ort o

f the

Wor

ldC

omm

issio

non

Cul

ture

and

Dev

elop

men

t

UN

ESC

OR

epor

t pro

vide

s a

reev

alua

tion

of d

evel

opm

ent p

roce

sses

,to

atte

nd to

the

need

s of

var

ious

cul

tura

l gro

ups;

gene

rally

addr

esse

s th

e ro

le o

f med

ia in

dev

elop

men

t, in

clud

ing

the

imba

lanc

e of

med

ia c

ontr

ol, w

hich

pre

vent

s m

any

cultu

ral

voic

es fr

om b

eing

hea

rd. I

t con

clud

es w

ith a

list

of t

enac

tion

item

s de

signe

d to

sus

tain

a c

ontin

uing

pub

lic fo

rum

on c

ultu

re a

nd d

evel

opm

ent.

http

://u

nesd

oc.u

nesc

o.or

g/im

ages

/001

0/00

1055

/10

5586

fo.p

df

279

Chi

le20

05A

mér

ica

Latin

a y

las

Fort

alez

as d

ela

Rad

iodi

fusiò

n

Dia

rioel

ectr

ònic

o:“R

adio

Uni

vers

idad

de

Chi

le”

Juan

Pab

loC

árde

nas

Web

pag

e pr

ovid

es in

form

atio

n on

and

a d

etai

led

elec

tron

icdi

ary

abou

t the

influ

ence

and

impo

rtan

ce o

f rad

io in

Chi

le,

and

in L

atin

Am

eric

a in

gen

eral

(in

clud

ing

com

mun

ityra

dio)

.

http

://w

ww

.radi

o.uc

hile

.cl/

nota

s.asp

x?id

Not

a=18

169

(in S

pani

sh)

East

-Cen

tral

Euro

pe19

99U

sing

the

Prin

cipl

e of

Publ

icity

toC

reat

e Pu

blic

Serv

ice

Med

ia

Slav

ko S

plic

hal

The

Wor

ldA

ssoc

iatio

n fo

rC

hrist

ian

Com

mun

icat

ion

Art

icle

pro

vide

s an

ove

rvie

w o

f how

mas

s m

edia

mig

ht b

em

ade

acce

ssib

le to

citi

zens

and

use

d as

a p

ublic

inst

rum

ent

for

the

bene

fit o

f citi

zens

, rat

her

than

as

a ve

hicl

e fo

rre

achi

ng a

nd p

ersu

adin

g po

tent

ial c

onsu

mer

s an

d vo

ters

,an

d/or

for

gene

ratin

g pr

ofit

and

pow

er. I

t sta

tes

that

pu

blic

ser

vice

bro

adca

stin

g sh

ould

rec

eive

pub

lic fu

ndin

gan

d no

t be

cont

rolle

d by

the

stat

e or

com

mer

cial

inte

rest

s.

http

://w

ww

.wac

c.or

g.uk

/wac

c/pu

blic

atio

ns/m

edia

_dev

elop

me

nt/a

rchi

ve/1

999_

3/us

ing_

the_

prin

cipl

e_of

_pub

licity

_to_

crea

te_p

ublic

_ser

vice

_med

ia

Gha

na20

01R

egio

nal R

adio

:A

Res

pons

e by

the

Gha

naBr

oadc

astin

gC

orpo

ratio

n to

Dem

ocra

tizat

ion

and

Com

petit

ion

Car

la H

eath

Wor

king

pap

er e

xam

ines

the

reac

tion

of th

e st

ate-

owne

dG

hana

Bro

adca

stin

g C

orpo

ratio

n to

the

lega

lizat

ion

ofpr

ivat

e br

oadc

astin

g in

Gha

na: t

he o

peni

ng o

f reg

iona

l FM

radi

o st

atio

ns. I

t pro

vide

s an

ove

rvie

w o

f the

pol

itica

l and

econ

omic

con

text

in w

hich

the

stat

ions

wer

e es

tabl

ished

,th

eir

stru

ctur

es, a

nd e

xam

ines

thei

r pr

ogra

mm

ing.

The

pape

r co

nclu

des

that

with

thes

e ne

w s

tatio

ns, t

he G

hana

Broa

dcas

ting

Cor

pora

tion

is ex

pand

ing

and

enha

ncin

g its

publ

ic s

ervi

ce m

anda

te, t

houg

h in

stitu

tiona

l str

uctu

res

and

scar

ce fi

nanc

ial r

esou

rces

hav

e co

mbi

ned

to p

reve

nt th

eG

BC fr

om b

ecom

ing

inde

pend

ent o

f ves

ted

inte

rest

s fr

omgo

vern

men

t, co

mm

erce

, and

non

gove

rnm

enta

lor

gani

zatio

ns.

http

://w

ww

.cjc

-onl

ine.

ca/

view

artic

le.p

hp?i

d=62

0

280

Indi

a20

01En

light

ened

Reg

ulat

ion:

The

Futu

reIn

dian

Way

?

Will

iam

Cra

wle

yan

d D

avid

Pag

eA

rtic

le p

rovi

des

an o

verv

iew

of t

he In

dian

bro

adca

stin

gex

perie

nce,

whi

ch s

erve

s as

a c

ase

stud

y of

how

dem

ocra

cies

shou

ld c

aref

ully

bal

ance

the

need

s of

the

mar

ket w

ith th

ein

tere

sts

of c

ivil

soci

ety.

The

art

icle

sta

tes

Indi

a’s

broa

dcas

ting

med

ia h

as b

een

driv

en b

y ad

vert

ising

and

inte

rnat

iona

lbu

sines

s an

d is

char

acte

rized

by

a re

lativ

ely

new

sen

se o

fdi

vers

ity, w

hich

has

res

ulte

d in

few

er p

ublic

bro

adca

ster

s.

http

://w

ww

.ope

ndem

ocra

cy.n

et/e

colo

gy-p

ublic

serv

ice/

artic

le_4

2.jsp

Mex

ico

1995

Soci

al U

ses

and

Rad

io P

ract

ices

:Th

e U

se o

fPa

rtic

ipat

ory

Rad

io b

y Et

hnic

Min

oriti

es in

Mex

ico

Luci

la V

arga

s

Inte

rnat

iona

lC

omm

unic

atio

nan

d Po

pula

rC

ultu

re—

Wes

tvie

w P

ress

Book

exa

min

es h

ow a

nd w

hy r

ace,

eth

nici

ty, c

lass

, and

gend

er a

ffect

the

exte

nt a

nd q

ualit

y of

peo

ple’

s pa

rtic

ipat

ion

in d

evel

opm

ent e

ffort

s in

Mex

ico.

The

boo

k (C

hapt

er 2

) se

tsou

t a m

etho

dolo

gy fo

r ex

amin

ing

the

soci

al a

nd c

ultu

ral

impl

icat

ions

of p

artic

ipat

ory

radi

o.

http

://w

ww

.com

min

it.co

m/

mat

eria

ls/m

ater

ials/

mat

eria

ls-11

46.h

tml (

for

purc

hase

)

Nep

al20

04C

ome

Gat

her

arou

nd

Toge

ther

—A

nEx

amin

atio

n of

Rad

io L

isten

ing

Gro

ups

inFu

lbar

i, N

epal

Gaz

ette

: The

Inte

rnat

iona

lJo

urna

l For

Com

mun

icatio

nSt

udies

,Vol

.66

(1):

63–8

6

Suru

chi S

ood,

Man

isha

SenG

upta

, Piu

s R

ajM

ishra

, and

Car

olin

e Ja

coby

John

s H

opki

nsBl

oom

berg

Sch

ool

of P

ublic

Hea

lthC

ente

r fo

rC

omm

unic

atio

nPr

ogra

ms,

Balti

mor

e, M

D

Stud

y ex

plor

es th

e ex

tent

to w

hich

list

enin

g gr

oups

—or

thos

egr

oups

exp

osed

to b

road

cast

med

ia—

have

hig

her

leve

ls of

corr

ect k

now

ledg

e ab

out f

amily

pla

nnin

g, in

clud

ing

inte

nt to

prac

tice,

and

per

sona

l adv

ocac

y co

mpa

red

to n

onlis

teni

nggr

oup

mem

bers

. The

stu

dy c

oncl

udes

that

list

enin

g gr

oups

’ex

posu

re to

rad

io p

rogr

ams

was

pos

itive

ly r

elat

ed to

cor

rect

know

ledg

e ab

out f

amily

pla

nnin

g.

http

://g

az.sa

gepu

b.co

m/c

gi/

repr

int/

66/1

/63

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

281

Peru

2006

Voce

s y

Mov

idas

Rad

ioci

udad

anas

—Ex

perie

ncia

s,Iti

nera

rios,

y R

efle

xion

esde

sde

laC

oord

inad

ora

Nac

iona

l de

Rad

io

Jorg

e A

ceve

do(e

dito

r)

Coo

rdin

ador

aN

acio

nal d

eR

adio

Book

des

crib

es r

adio

as

a to

ol fo

r de

moc

ratic

par

ticip

atio

n an

dhu

man

dev

elop

men

t in

Peru

, usin

g ca

se s

tudi

es a

nd fi

rsth

and

acco

unts

on

the

expe

rienc

e of

thos

e th

at h

ave

been

invo

lved

in r

adio

(in

clud

ing

com

mun

ity r

adio

).

http

://w

ww

.cnr

.org

.pe/

voce

s.p

df

Sub-

Saha

ran

Afr

ica

2006

Afr

ica

Med

iaD

evel

opm

ent

Initi

ativ

eR

esea

rch

Rep

orts

BBC

Wor

ldSe

rvic

e Tr

ust

Web

site

surv

eys

how

don

ors,

inve

stor

s, m

edia

, and

med

iade

velo

pmen

t org

aniz

atio

ns m

ight

col

labo

rate

to s

uppo

rt an

dst

reng

then

Afri

ca’s

med

ia s

ecto

r. It

prov

ides

a s

erie

s of

sev

ente

enre

ports

on

the

stat

e of

the

med

ia in

Ang

ola,

Bot

swan

a,C

amer

oon,

Dem

ocra

tic R

epub

lic o

f Con

go, E

thio

pia,

Gha

na,

Ken

ya, M

ozam

biqu

e, N

iger

ia, S

eneg

al, S

ierr

a Le

one,

Som

alia

,So

uth

Afri

ca, T

anza

nia,

Uga

nda,

Zam

bia,

and

Zim

babw

e. E

ach

repo

rt in

clud

es in

form

atio

n ab

out o

ne o

f the

se S

ub-S

ahar

anA

frica

n co

untri

es a

nd e

xam

ines

med

ia s

ecto

r dev

elop

men

ts a

ndem

ergi

ng c

halle

nges

to b

e fa

ced

by fu

ture

med

ia d

evel

opm

ent

activ

ities

. Eac

h re

port

also

offe

rs a

spe

cific

cas

e st

udy

that

dem

onst

rate

s go

od p

ract

ices

in m

edia

dev

elop

men

t in

that

coun

try.

http

://w

ww

.bbc

.co.

uk/

wor

ldse

rvic

e/tr

ust/

rese

arch

lear

ning

/sto

ry/2

006/

12/

0612

12_a

mdi

_ind

ex.sh

tml

Uni

ted

Stat

es19

98Pu

blic

Tel

evisi

onin

Am

eric

aPr

ojec

t: Pu

blic

Tele

visio

n an

dN

ewTe

chno

logi

es

Mon

roe

Pric

eA

rtic

le d

iscus

ses

the

chal

leng

es a

nd m

issed

opp

ortu

nitie

sas

soci

ated

with

the

role

of p

ublic

tele

visio

n in

the

Uni

ted

Stat

es.

http

://w

ww

.ijcl

p.or

g/1_

1998

/ijc

lp_w

ebdo

c_2_

1_19

98.h

tml

282

Glo

bal

n/a

Civ

ic V

oice

:Em

pow

erin

gth

e Po

orth

roug

hC

omm

unity

Rad

io

The

Wor

ldBa

nkPr

ovid

es a

n ov

ervi

ew o

f how

pub

lic in

tere

st r

adio

prog

ram

min

g, in

clud

ing

by c

omm

unity

rad

io s

tatio

ns, c

an p

lay

a vi

tal r

ole

in e

mpo

wer

ing

poor

peo

ple,

acc

eler

atin

gco

mm

unity

and

loca

l lev

el p

robl

em-s

olvi

ng, a

nd in

trod

ucin

gm

ore

dem

and

for

acco

unta

bilit

y. It

add

ition

ally

pro

vide

sba

ckgr

ound

info

rmat

ion

on th

e W

orld

Ban

k’s

supp

ort t

oco

mm

unity

rad

io in

the

cont

ext o

f sev

eral

ope

ratio

nal p

roje

cts.

http

://s

itere

sour

ces.w

orld

bank

.org

/IN

TCEE

RD

/Res

ourc

es/

RA

DIO

brie

f.pdf

(see

also

) ht

tp:/

/site

reso

urce

s.w

orld

bank

.org

/IN

TCEE

RD

/R

esou

rces

/RA

DIO

_EA

Cre

port

.pdf

Glo

bal

2005

Com

mun

ity-

base

dN

etw

orks

and

Inno

vativ

eTe

chno

logi

es:

New

Mod

els

toSe

rve

and

Empo

wer

the

Poor

Seán

O S

ioch

rúan

d Br

uce

Gira

rd

Uni

ted

Nat

ions

Dev

elop

men

tPr

ogra

m

Rep

ort e

xam

ines

how

com

mun

ity-b

ased

net

wor

ks a

ndte

chno

logy

, inc

ludi

ng c

omm

unity

rad

io a

nd r

elat

edte

chno

logi

es, m

ight

faci

litat

e ec

onom

ic a

nd s

ocia

l dev

elop

men

t,pa

rtic

ular

ly s

tren

gthe

ning

the

voic

e of

com

mun

ities

. It s

tate

sth

at d

espi

te e

ver-i

ncre

asin

g ac

cess

to in

form

atio

nco

mm

unic

atio

n te

chno

logy

, man

y ar

eas—

part

icul

arly

rur

al a

ndpo

or u

rban

—co

ntin

ue to

be

unde

rser

ved.

It s

ugge

sts

that

com

mun

ity-o

wne

d in

fras

truc

ture

and

net

wor

ks m

ight

effe

ctiv

ely

com

bat t

his

tren

d. It

will

allo

w p

revi

ously

unde

rser

ved

peop

le to

dra

w o

n co

mm

unity

res

ourc

es a

ndla

bor,

whi

ch w

ill p

rom

ote

sust

aina

bilit

y, a

nd e

xpan

d in

con

text

spr

evio

usly

cha

ract

eriz

ed b

y m

arke

t ins

tabi

lity.

The

rep

ort a

rgue

sin

favo

r of

com

mun

ity-o

wne

d ne

twor

ks b

ecau

se th

ey h

ave

ast

ake

in th

e co

ntin

ued

deve

lopm

ent o

f the

com

mun

ity.

http

://w

ww

.pro

poor

-ictI

I.n

et/

cont

ent/

pdfs

/00

_UN

DP_

Rep

ort_

p.1-

58.p

df

Glo

bal

2005

Publ

ic S

ervi

ceBr

oadc

astin

g: A

Best

Pra

ctic

esSo

urce

Boo

k

Indr

ajit

Bane

rjee

and

Kal

inga

Sene

vira

tne,

AM

IC (e

dito

rs)

UN

ESC

O

Sour

cebo

ok p

rovi

des

an o

verv

iew

of b

est p

ract

ices

con

cern

ing

publ

ic s

ervi

ce b

road

cast

ing,

des

igne

d fo

r m

edia

pro

fess

iona

ls,de

cisio

n m

aker

s, st

uden

ts, a

nd th

e ge

nera

l pub

lic. T

heso

urce

book

exa

min

es le

gal,

regu

lato

ry, f

inan

cial

, and

oth

er

http

://p

orta

l.une

sco.

org/

ci/

en/e

v.ph

p-U

RL_

ID=

2046

9&

UR

L_D

O=

DO

_TO

PIC

&U

RL_

SEC

TIO

N=

201.

htm

l

TAB

LE

2C

omm

unity

Med

ia

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

283

signi

fican

t iss

ues,

such

as

edito

rial i

ndep

ende

nce,

uni

vers

ality

,se

cure

d fu

ndin

g fr

ee o

f all

pres

sure

s, di

stin

ctiv

enes

s, di

vers

ity,

repr

esen

tativ

enes

s, un

bias

ed in

form

atio

n, e

duca

tion

and

enlig

hten

men

t, so

cial

coh

esio

n, c

itize

nshi

p, p

ublic

acco

unta

bilit

y, a

nd c

redi

bilit

y.

Glo

bal

2005

Eval

uatio

n of

UN

ESC

O’s

Com

mun

ityM

ultim

edia

Cen

ters

: Fin

alR

epor

t

Hea

ther

Cre

ech,

et a

l.

UN

ESC

OIn

tern

atio

nal

Inst

itute

for

Sust

aina

ble

Dev

elop

men

t

Rep

ort e

xam

ines

the

pilo

t pha

se o

f UN

ESC

O’s

Com

mun

ityM

ultim

edia

Cen

ter

mod

elht

tp:/

/por

tal.u

nesc

o.or

g/ci

/en

/file

s/22

129/

1147

7736

959C

MC

_Eva

luat

ion_

Fina

l.pdf

/C

MC

+Ev

alua

tion_

Fina

l.pdf

Glo

bal

2005

Com

mun

ityR

adio

Lice

nsin

g an

dPo

licy:

An

Ove

rvie

w

Kat

e C

oyer

Wor

king

pap

er p

rovi

des

a ge

nera

l ove

rvie

w o

f the

pur

pose

s an

dim

pact

s of

com

mun

ity r

adio

, inc

ludi

ng it

s gr

adua

l em

erge

nce

inna

tiona

l pol

icie

s th

roug

hout

the

glob

e, a

s w

ell a

s an

exam

inat

ion

of r

egul

atio

n tr

ends

, com

mun

ity r

adio

legi

slatio

n,an

d lic

ensin

g iss

ues.

It ad

ditio

nally

pro

vide

s a

serie

s of

exa

mpl

esof

com

mun

ity r

adio

in v

ario

us c

ultu

ral a

nd g

eogr

aphi

c co

ntex

ts.

http

://w

ww

.lse.

ac.u

k/D

epts

/gl

obal

/Eve

ntsP

DFs

/GC

SWor

ksh

op_A

nnen

berg

/Coy

er.p

df

Glo

bal

2003

Soci

alA

ccou

ntab

ility

and

Publ

icVo

ice

thro

ugh

Com

mun

ityR

adio

Prog

ram

min

g

Wor

ld B

ank

Not

e ex

amin

es h

ow a

nd w

hy p

ublic

inte

rest

and

com

mun

itybr

oadc

astin

g is

a su

stai

nabl

e, in

tera

ctiv

e as

set f

or b

road

-bas

ed,

parti

cipa

tory

dev

elop

men

t. It

show

s th

at c

omm

unity

med

ia a

repa

rticu

larly

impo

rtant

for p

eopl

e in

the

deve

lopi

ng w

orld

topr

ovid

e th

em w

ith a

cces

s to

info

rmat

ion

and

enab

le th

em to

artic

ulat

e th

eir c

once

rns,

give

feed

back

to g

over

nmen

t, an

dm

arsh

al in

form

atio

n an

d lo

cal e

xper

tise

to c

omba

t loc

al p

robl

ems

and

gras

p lo

cal o

ppor

tuni

ties.

The

note

also

sta

tes

that

com

mun

itybr

oadc

astin

g al

low

s po

pula

tions

in d

evel

opin

g co

untri

es to

be

hear

d, b

ecom

e in

form

ed, s

hape

kno

wle

dgea

ble

opin

ions

, lea

rn

http

://s

itere

sour

ces.w

orld

bank

.org

/IN

TCEE

RD

/Res

ourc

es/

RA

DIO

_sdn

76.p

df

(see

also

) ht

tp:/

/site

reso

urce

s.w

orld

bank

.org

/IN

TCEE

RD

/R

esou

rces

/RA

DIO

tran

scrip

t_pa

rt1.

pdf

(see

also

) ht

tp:/

/site

reso

urce

s.w

orld

bank

.org

/IN

TCEE

RD

/R

esou

rces

/RA

DIO

tran

scrip

t_pa

rt2.

pdf G

loba

l

284

Glo

bal

2003

Com

mun

ityM

edia

and

the

Info

rmat

ion

Soci

ety

Stev

e Bu

ckle

y

UN

ESC

O

Rep

ort e

xam

ines

the

so-c

alle

d di

gita

l div

ide

and

rech

arac

teriz

es

it as

a “

com

mun

icat

ions

div

ide”

in li

ght o

f the

une

qual

acc

ess

ofpo

or p

eopl

e to

the

glob

al c

omm

unic

atio

ns e

nviro

nmen

t and

the

abse

nce

of s

truct

ural

mea

sure

s an

d co

mm

itmen

ts to

redr

ess

past

imba

lanc

es. T

he re

port

stat

es th

at th

ese

peop

le a

re th

us d

epriv

edof

the

freed

oms

of in

form

atio

n an

d of

exp

ress

ion.

To

coun

tera

ctth

is la

ck o

f acc

ess,

the

repo

rt su

gges

ts th

at c

omm

unity

med

ia a

re a

vita

l mea

ns to

ena

ble

publ

ic p

artic

ipat

ion,

stre

ngth

en c

ultu

ral a

ndlin

guist

ic d

iver

sity,

and

to p

rom

ote

gend

er e

quita

ble

info

rmat

ion

soci

ety

that

incl

udes

the

voic

es o

f the

poo

r and

the

mar

gina

lized

.

the

give

-and

-take

of i

nfor

med

dia

logu

e, a

nd to

bec

ome

mor

ede

cisiv

e ag

ents

in th

eir o

wn

deve

lopm

ent,

whi

ch m

ight

yie

ld

soci

al a

ccou

ntab

ility

, dec

entra

lizat

ion,

dem

ocra

tizat

ion,

and

po

verty

redu

ctio

n.

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2001

Com

mun

ityR

adio

—Th

eN

ew T

ree

ofSp

eech

Stev

e Bu

ckle

y

Imfu

ndo

Kno

wle

dge

Bank

and

the

Uni

ted

Kin

gdom

Dep

artm

ent f

orIn

tern

atio

nal

Dev

elop

men

t

Rep

ort p

rovi

des

an o

verv

iew

of t

he c

once

pt o

f the

“di

gita

ldi

vide

” an

d ex

amin

es th

e ne

ed fo

r in

vest

men

t in

the

info

rmat

ion

infr

astr

uctu

re o

f dev

elop

ing

coun

trie

s, pa

rtic

ular

lyco

mm

unity

med

ia. I

t fur

ther

exa

min

es p

oten

tial c

halle

nges

toin

form

atio

n in

fras

truc

ture

dev

elop

men

t, su

ch a

s co

ntin

uing

mist

rust

am

ong

som

e co

mm

uniti

es in

the

deve

lopi

ng w

orld

of

adva

nced

com

mun

icat

ion

syst

ems.

http

://i

mfu

ndo.

digi

talb

rain

.com

/im

fund

o/w

eb/t

ech/

docu

men

ts/k

b19/

kb19

.pdf

http

://i

fex.

org/

en/c

onte

nt/

view

/ful

l/67

461/

Glo

bal

2001

Mak

ing

Wav

es:

Stor

ies

ofPa

rtic

ipat

ory

Com

mun

icat

ion

for

Soci

al C

hang

e

Alfo

nso

Gum

ucio

-D

agro

n Th

e R

ocke

felle

rFo

unda

tion

Book

con

tain

s fif

ty c

ase

stud

ies

(in s

tory

form

), ha

lf of

whi

chde

tail

com

mun

ity r

adio

exp

erie

nces

in A

fric

a, A

sia, a

nd L

atin

Am

eric

a. It

furt

her

exam

ines

the

impa

ct o

f com

mun

ity r

adio

on

soci

al c

hang

e an

d co

mm

unity

dev

elop

men

t.

http

://w

ww

.com

min

it.co

m/

mak

ing-

wav

es.h

tml

285

Glo

bal

2000

Prom

otin

gC

omm

unity

Med

ia in

Afri

ca

UN

ESC

O

S. T

. Kw

ame

Boaf

o (e

dito

r)Bo

ok p

rovi

des

case

stu

dies

to p

rese

nt c

halle

nges

face

d by

com

mun

ity m

edia

in A

fric

an c

ount

ries,

such

as

insu

ffici

ent

econ

omic

, tec

hnic

al, a

nd h

uman

res

ourc

es.

http

://w

ww

.une

sco.

org/

web

wor

ld/p

ublic

atio

ns/

com

mun

ity_m

edia

/

Glo

bal

1991

Les

Mill

e et

un

Mon

des—

Man

uel d

eR

adio

Rur

ale

Fran

çois

Que

rre

FAO

Han

dboo

k ex

amin

es se

vera

l typ

es o

f pro

gram

min

g th

at m

ight

be

used

by

com

mun

ity ra

dio

statio

ns. I

t also

pro

vide

s gui

danc

e fo

rco

mm

unity

radi

o pr

actit

ione

rs, i

n te

rms o

f sou

th-so

uth

parti

cipa

tion

and

crea

ting

prog

ram

min

g th

at re

spec

ts lo

cal c

ultu

res.

(ava

ilabl

e in

Fre

nch

and

Engl

ish)

Afg

hani

stan

2002

The

Pote

ntia

lfo

r C

omm

unity

Rad

io in

Afg

hani

stan

Bruc

e G

irard

and

Jo v

an d

erSp

ek

Com

mun

icat

ion

Ass

istan

ceFo

unda

tion

Stud

y ex

amin

es th

e po

tent

ial o

f and

pro

vide

s re

com

men

datio

nsfo

r the

est

ablis

hmen

t of c

omm

unity

-bas

ed ra

dio

in A

fgha

nist

an. I

tad

ditio

nally

pro

vide

s ex

ampl

es o

f how

com

mun

ity ra

dio

is ab

le to

supp

ort c

omm

unity

dev

elop

men

t. It

was

des

igne

d to

pro

vide

agen

cies

and

org

aniz

atio

ns c

onsid

erin

g su

ppor

ting

radi

o, m

edia

, or

com

mun

icat

ion

activ

ities

in th

e A

fgha

nist

an.

http

://c

omun

ica.

org/

afgh

anist

an/c

r_af

ghan

.pdf

Aus

tral

ia,

Can

ada,

Fran

ce,

Hol

land

,Ire

land

,an

d So

uth

Afr

ica

2001

Com

mun

ityR

adio

in a

Glo

bal

Con

text

: AC

ompa

rativ

eA

naly

sis in

Six

Cou

ntrie

s

Eryl

Pric

e-D

avie

s an

dJo

Tac

chi

Com

mun

ityM

edia

Ass

ocia

tion

Rep

ort p

rovi

des

an o

verv

iew

and

com

paris

on o

f com

mun

ityra

dio

in A

ustr

alia

, Can

ada,

Fra

nce,

Hol

land

, Ire

land

, and

Sou

thA

fric

a to

form

ulat

e sp

ecifi

c re

com

men

datio

ns r

elat

ed to

the

deve

lopm

ent a

nd im

plem

enta

tion

of th

e “A

cces

s R

adio

”sc

hem

e in

the

Uni

ted

Kin

gdom

.

http

://w

ww

.com

med

ia.o

rg.u

k/ab

out-c

omm

unity

-med

ia/

publ

icat

ions

/pub

licat

ion-

item

s/co

mm

unity

-radi

o-in

-a-g

loba

l-co

ntex

t/ (

for

purc

hase

)

Boliv

ia20

04C

omm

unity

Rad

io in

Bol

ivia

:Th

e M

iner

s’R

adio

Sta

tions

Ala

n O

’Con

nor

(edi

tor)

Th

e Ed

win

Mel

len

Pres

s

Pape

r ex

amin

es th

e hi

stor

y an

d de

velo

pmen

t of m

iner

s’ ra

dio

stat

ions

in B

oliv

ia a

nd p

rese

nts

valu

able

less

ons

for

com

mun

ityra

dio

in g

ener

al.

286

Boliv

ia20

01La

s R

adio

sPo

pula

res

en la

Con

stru

cció

nde

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de

la E

xper

ienc

iade

ER

BOL

enBo

livia

Car

los

A.

Cam

acho

Azu

rduy

Uni

vers

idad

And

ina

Sim

ónBo

livar

(U

ASB

)

Book

exa

min

es c

omm

unity

rad

io s

tatio

ns a

ffilia

ted

with

ERBO

L (t

he m

ain

netw

ork

of c

omm

unity

rad

ios

in B

oliv

ia),

inte

rms

of w

heth

er th

eir

prog

ram

min

g co

nten

t pro

mot

edde

moc

ratic

par

ticip

atio

n. It

add

ition

ally

exp

lore

s th

e im

pact

of

som

e of

thes

e co

mm

unity

rad

ios

on p

ublic

opi

nion

(se

eC

hapt

er IX

) an

d pr

ovid

es it

s m

etho

dolo

gy in

an

anne

x.

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

East

ern

Dem

ocra

ticR

epub

lic o

fth

e C

ongo

2003

Rad

ioM

aend

eleo

and

the

Reg

iona

lPe

ace

Proc

ess

in E

aste

rnC

ongo

—A

polit

ical

ana

lysis

prep

ared

for

Inte

rnat

iona

lM

edia

Sup

port

base

d on

an

asse

ssm

ent

miss

ion

toSo

uth

Kiv

u

Bjør

n W

illum

Rep

ort e

xam

ines

the

role

of R

adio

Mae

ndel

eo, a

loca

lco

mm

unity

rad

io s

tatio

n ba

sed

in B

ukav

u (E

aste

rn D

emoc

ratic

Rep

ublic

of t

he C

ongo

) in

the

regi

onal

pea

ce p

roce

ss in

Sou

thK

ivu.

The

rep

ort c

oncl

udes

that

Rad

io M

aend

eleo

pla

yed

apo

sitiv

e ro

le in

info

rmin

g th

e lo

cal p

opul

atio

n in

and

aro

und

Buka

vu a

bout

dev

elop

men

t iss

ues

and

loca

l pol

itics

as

wel

l as

coor

dina

ting

NG

O w

ork.

It w

ent o

n th

at th

e st

atio

n’s

limite

dbr

oadc

astin

g ra

nge

prev

ente

d it

from

pla

ying

a la

rger

, mor

eco

nstr

uctiv

e ro

le in

the

regi

onal

pea

ce p

roce

ss.

http

://w

ww

.i-m

-s.d

k/m

edia

/pdf

/Rad

io%

20M

aend

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and%

20th

e%20

regi

onal

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peac

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proc

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ern%

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ongo

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by%

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illum

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er%

2020

03.p

df

Euro

pe19

98R

adio

Púb

lica

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lM

anue

lC

hapa

rro

Escu

dero

Frag

ua E

dito

rial

Rep

ort e

xam

ines

loca

l and

com

mun

ity r

adio

in E

urop

e, w

ith a

focu

s on

Spa

in a

nd lo

cal p

ublic

rad

io s

tatio

ns in

the

And

aluc

iare

gion

. It p

rovi

des

an o

verv

iew

of h

ow m

unic

ipal

rad

io s

tatio

nsbr

ough

t abo

ut c

omm

unity

-leve

l tel

ecom

mun

icat

ions

dem

ocra

tizat

ion

and

med

ia d

ecen

tral

izat

ion.

287

Gha

nan/

aR

adio

sC

omm

un-

auta

ire:

App

rend

re a

Part

icip

er—

Un

Man

uel d

eFo

rmat

ion

Wiln

a W

.Q

uarm

yne

Pano

s A

friqu

ede

l’O

uest

Trai

ning

man

ual f

or c

omm

unity

rad

io s

taff

incl

udes

cha

pter

s on

com

mun

ity r

adio

pro

gram

min

g an

d pa

rtic

ipat

ory

actin

gre

sear

ch, a

s w

ell a

s ho

w to

eng

age

com

mun

ity a

ctor

s an

dfa

cilit

ate

com

mun

ity p

artic

ipat

ion.

http

://w

ww

.pan

os-a

o.or

g/sp

ip.p

hp?a

rtic

le33

85

Gha

na20

03En

hanc

ing

Com

mun

ity

over

the

Airw

aves

:C

omm

unity

Rad

io in

aG

hana

ian

Fish

ing

Vill

age

Blyt

he M

cKay

Stud

y an

alyz

es th

e ro

le o

f Rad

io A

da in

the

livel

ihoo

d of

fishe

rmen

in s

outh

east

Gha

na. F

ollo

win

g in

-dep

th in

terv

iew

s,Pa

rtic

ipat

ory

Rur

al A

ppra

isal (

PRA

) ac

tiviti

es, p

artic

ipan

tob

serv

atio

n, a

nd d

ocum

ent a

naly

sis, t

he s

tudy

con

clud

es th

atfis

herm

en in

sou

thea

st G

hana

rel

y on

Rad

io A

da (

amon

g ot

her

med

ia)

for

info

rmat

ion

to s

usta

in th

eir

livel

ihoo

ds, b

ecau

se it

prov

ides

use

ful i

nfor

mat

ion

rela

ted

to fi

shin

g; p

rom

otes

cul

ture

,id

entit

y, a

nd c

omm

unity

; pro

vide

s ac

cess

to n

ews;

crea

tes

oppo

rtun

ities

for

voic

e/di

alog

ue; a

nd e

stab

lishe

s tr

ust o

n lo

cal

and

regi

onal

leve

ls.

http

://w

ww

.com

min

it.co

m/

eval

uatio

ns/e

val2

005/

thin

king

-140

8.ht

ml

Indi

a20

05C

omm

unity

Rad

io in

Indi

a:A

Stu

dy

Kan

chan

Kum

ar S

NSc

hool

of

Com

mun

icat

ion,

Uni

vers

ity o

fH

yder

abad

Pape

r pro

vide

s fo

ur c

ase

stud

ies

of g

rass

root

s pr

ojec

ts u

sing

com

mun

ity ra

dio

for d

evel

opm

ent.

Thes

e ca

se s

tudi

es e

valu

ate

com

mun

ity ra

dio

initi

ativ

es th

roug

h in

terv

iew

s w

ith p

roje

ctm

anag

ers

and

NG

O p

erso

nnel

, as

wel

l as

focu

s gr

oup

disc

ussio

nson

the

bene

fits

of c

omm

unity

radi

o. T

he p

ublic

atio

n pr

ovid

es a

list o

f que

stio

ns th

at w

ere

used

dur

ing

focu

s gr

oup

disc

ussio

ns.

http

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ww

.com

min

it.co

m/

eval

uatio

ns/e

val2

005/

eval

uatio

ns-1

10.h

tml

Indi

a20

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unity

Rad

ioPr

ogra

ms—

Indi

a

Popu

latio

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unda

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ofIn

dia

Pape

r pr

ovid

es o

verv

iew

of t

he p

roce

sses

by

whi

ch th

ePo

pula

tion

Foun

datio

n of

Indi

a cr

eate

d tw

o co

mm

unity

rad

iopr

ogra

ms

to te

ach

liste

ning

gro

ups

abou

t cus

tom

s an

d pr

actic

esof

the

trib

al c

omm

unity

.

http

://w

ww

.com

min

it.co

m/

expe

rienc

es/p

dskd

v420

02/

expe

rienc

es-1

279.

htm

l

(see

also

) http

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ww

.co

mm

init.

com

/ev

alua

tions

/idkd

v200

2/sld

-236

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288

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erag

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site

Latin

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a20

01La

Rad

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pula

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ente

al N

uevo

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lo:

Estu

dio

deV

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cia

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cide

ncia

And

rés

Gee

rts

yV

icto

r va

nO

eyen

(ed

itors

)

ALE

R

Book

exa

min

es th

e im

pact

of c

omm

unity

rad

io in

Lat

inA

mer

ica.

The

met

hodo

logy

incl

uded

fiel

dwor

k an

d in

terv

iew

sw

ith s

taff

and

audi

ence

s of

sev

enty

-four

com

mun

ity r

adio

stat

ions

in tw

elve

Lat

in A

mer

ican

cou

ntrie

s. Th

e A

nnex

2

prov

ides

a li

st o

f the

inst

rum

ents

use

d to

mob

ilize

res

earc

h.

Latin

Am

eric

a20

01Si

guen

Vig

ente

s la

sR

adio

sPo

pula

res?

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nán

Gut

ierr

ez a

ndM

aría

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tina

Mat

ta (

edito

rs)

ALE

R

Book

sur

veys

the

opin

ions

of t

hirt

y co

mm

unic

atio

n sp

ecia

lists

wor

king

in L

atin

Am

eric

a, a

nd p

rovi

des

an o

verv

iew

of p

opul

arco

mm

unity

rad

io b

road

cast

ing

in th

e re

gion

. The

boo

k in

clud

esin

form

atio

n on

the

impa

ct o

f com

mun

ity r

adio

on

soci

alch

ange

in L

atin

Am

eric

a in

rec

ent h

istor

y.

Mal

i20

01Im

pact

Dat

a—R

adio

Dou

entz

a

Mar

y M

yers

Proj

ect d

escr

iptio

n pr

ovid

es in

form

atio

n on

Rad

io D

ouen

tza,

one

of th

e fir

st in

depe

nden

t com

mun

ity r

adio

sta

tions

in M

ali.

Impa

ct d

ata

indi

cate

s th

at th

e st

atio

n ha

s po

sitiv

ely

impa

cted

loca

l com

mun

ities

des

pite

a r

elat

ivel

y sm

all o

pera

tiona

l bud

get,

and

was

wid

ely

rega

rded

as

a pr

imar

y so

urce

of i

nfor

mat

ion.

For

exam

ple,

thos

e ex

pose

d to

the

radi

o w

ere

bette

r in

form

edab

out A

IDS

than

oth

er r

egio

ns.

http

://w

ww

.com

min

it.co

m/

eval

uatio

ns/i

dmay

15/

sld-2

298.

htm

l

Mex

ico

2002

La R

adio

Indi

geni

sta

enM

exic

o

Ines

Cor

nejo

Port

ugal

Fund

ació

nM

anue

lBu

endi

a

Book

ana

lyze

s th

e de

velo

pmen

t of i

ndig

enou

s ra

dio

in M

exic

o,w

ith fo

cus

on th

e Y

ucat

án r

egio

n an

d as

sess

es th

e im

pact

of

indi

geno

us r

adio

on

soci

al c

hang

e. It

pro

vide

s th

e m

etho

dolo

gyus

ed, w

hich

incl

udes

que

stio

nnai

res,

field

inte

rvie

ws,

and

obse

rvat

ion.

http

://w

ww

.mex

ican

adec

omun

ica

cion

.com

.mx/

Tabl

es/

FMB

/fon

doed

itoria

l/ra

dioi

nd.h

tml

289

Moz

ambi

que

2005

Ass

essin

gC

omm

unity

Cha

nge:

Dev

elop

men

tof

a “

Bare

Foot

” Im

pact

Ass

essm

ent

Met

hodo

logy

Birg

itte

Jallo

vPa

per

prov

ides

impa

ct a

sses

smen

t of e

ight

com

mun

ity r

adio

s in

Moz

ambi

que.

The

met

hodo

logy

of t

he im

pact

ass

essm

ent

focu

sed

on th

e ex

tent

to w

hich

bro

adca

stin

g re

spon

ds to

the

publ

ic in

tere

st, i

nclu

ding

the

qual

ity o

f res

earc

h, th

e us

e of

cultu

rally

rel

evan

t for

mat

s, an

d ho

w p

ublic

feed

back

info

rms

subj

ect m

atte

r; th

e rig

hts

and

resp

onsib

ilitie

s of

com

mun

ityra

dio

volu

ntee

rs; a

nd w

heth

er th

e ra

dio

stat

ion

stim

ulat

edde

sired

dev

elop

men

t and

soc

ial c

hang

e.

http

://w

ww

.com

min

it.co

m/

pdf/

Impa

ctA

sses

smen

tFi

nalR

adio

Jour

nalV

ersio

n.pd

f

Sene

gal,

Gui

nea-

Biss

au, a

ndSi

erra

Leo

ne

2006

INFO

RM

O-

(T)R

AC

Prog

ram

— Jo

int

Rev

iew

Miss

ion

Rep

ort:

AR

evie

w o

f the

INFO

RM

O(T

)RA

C(In

itiat

ive

for

Mob

ile T

rain

ing

of C

omm

unity

Rad

io) P

rogr

am.

Roy

Kes

sler

and

Mar

tinFa

ye

Prog

ram

rep

ort d

emon

stra

tes

that

com

mun

ity r

adio

sta

tions

are

an im

port

ant p

art o

f sou

th-s

outh

soc

ial e

ngag

emen

t, w

hich

faci

litat

es p

over

ty a

llevi

atio

n. T

he r

epor

t foc

uses

on

achi

evem

ents

of t

he I

NFO

RM

O(T

)RA

C P

rogr

am.

http

://w

ww

.info

rmot

rac.

org/

dow

nloa

ds/i

nfor

mot

rac_

miss

ion_

repo

rt.p

df

Sout

hA

fric

a20

05C

omm

unity

Rad

io a

sPa

rtici

pato

ryC

omm

unic

atio

nin

Pos

t-A

parth

eid

Sout

hA

frica

Ant

hony

A.

Olo

runn

isola

Pape

r pr

ovid

es a

n ov

ervi

ew o

f the

evo

lutio

n of

com

mun

ityra

dio

in p

ost-a

part

heid

Sou

th A

fric

a, in

whi

ch a

thre

e-pa

rtbr

oadc

astin

g in

fras

truc

ture

(pu

blic

, com

mer

cial

, and

com

mun

ity)

repl

aced

the

Stat

e-ru

n br

oadc

astin

g m

onop

oly

(Sou

th A

fric

an B

road

cast

ing

Cor

pora

tion)

.

http

://w

ww

.per

sona

l.psu

.edu

/fa

culty

/a/x

/axo

8/Jo

burg

/m

anus

crip

t.htm

Sout

hA

fric

a20

04W

hen

the

Broa

dcas

t End

s,th

e Pr

ogra

m Is

Not

Ove

r:

Ade

le M

oste

rtan

d Pr

of. J

ohn

van

Zyl

Pape

r pr

ovid

es a

cas

e st

udy

of A

BC U

lwaz

i, w

hich

cre

ated

educ

atio

nal a

nd d

evel

opm

ent-r

elat

ed r

adio

pro

gram

s fo

rco

mm

unity

rad

io s

tatio

ns in

Sou

th A

fric

a. T

he p

aper

rem

arks

on th

e im

port

ance

of h

olist

ic a

ppro

ache

s to

com

mun

ity r

adio

http

://w

ww

.ee4

.org

/Pap

ers/

EE4_

Mos

tert

.pdf

290

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Sout

hA

fric

a,M

ali,

Sene

gal,

and

Zam

bia

2004

Med

ia fo

rSu

stai

nabl

eD

evel

opm

ent

Con

tent

Surv

ey—

ABa

selin

e St

udy

Rep

ort o

nSu

stai

nabl

eD

evel

opm

ent

Con

tent

/Th

emes

for

Com

mun

ityR

adio

Sta

tions

in A

fric

a an

dC

entr

alA

mer

ica

AM

AR

CA

fric

a, P

anos

Sout

hern

Afr

ica,

Pron

atur

a-C

hiap

as-

Mex

ico,

and

Ope

n So

ciet

yFo

unda

tion,

Sout

h A

fric

a

Rep

ort a

sses

ses

the

amou

nt o

f Afr

ican

com

mun

ity r

adio

prog

ram

min

g co

nten

t tha

t dea

ls w

ith s

usta

inab

le d

evel

opm

ent.

The

repo

rt a

lso h

ighl

ight

s th

e im

port

ance

of c

omm

unity

med

iain

term

s of

faci

litat

ing

com

mun

ity a

nd n

atio

nal o

wne

rshi

p of

deve

lopm

ent a

gend

as, p

artic

ular

ly w

hen

prog

ram

min

g co

nten

tis

broa

dcas

t in

loca

l lan

guag

es. T

he r

epor

t con

clud

es th

at“C

omm

unity

rad

io s

tatio

ns [

on th

e A

fric

an c

ontin

ent]

are

not

doin

g en

ough

to e

nsur

e th

at lo

cal c

omm

uniti

es p

artic

ipat

e in

the

sele

ctio

n an

d pr

oduc

tion

of p

rogr

ams

rega

rdin

g su

stai

nabl

ede

velo

pmen

t iss

ues,

espe

cial

ly in

dec

idin

g w

hat t

hem

es o

rto

pics

to c

over

.”

http

://w

ww

.id21

.org

/ins

ight

s/in

sight

s58/

art0

8.ht

ml

(see

also

) ht

tp:/

/afr

ica.

amar

c.o

rg/f

iles/

M4S

DSt

udy

May

04l.p

df

Uga

nda

1999

Impa

ct D

ata—

Cap

ital D

octo

rPr

ojec

t des

crip

tion

prov

ides

info

rmat

ion

on “

Cap

ital D

octo

r,” a

call-

in ra

dio

show

that

beg

an in

199

4. L

ocal

Uga

ndan

s ca

ll in

toth

e sh

ow a

nd e

xper

ts a

nsw

er q

uest

ions

on

heal

th is

sues

.

http

://w

ww

.com

min

it.co

m/

expe

rienc

es/p

ds07

-11-

99/

expe

rienc

es-2

44.h

tml

Max

imisi

ng th

eEf

fect

iven

ess

ofEE

Pro

gram

s at

Com

mun

ityR

adio

Lev

el

prog

ram

min

g, to

mak

e co

mm

unity

rad

io p

rogr

amm

ing

acce

ssib

le to

con

sum

ers

of d

iffer

ent s

ocia

l, ec

onom

ic, c

ultu

ral,

and

psyc

holo

gica

l exp

erie

nces

.

291

Uni

ted

Kin

gdom

2003

New

Voi

ces:

An

Eval

uatio

nof

15

Acc

ess

Rad

io P

roje

cts

Ant

hony

Eve

ritt

Rep

ort e

valu

ates

diff

eren

t app

roac

hes

to th

e co

ncep

t of

com

mun

ity ra

dio

(for t

he s

peci

fic p

urpo

se o

f inf

orm

ing

are

gula

tory

age

ncy

how

a s

tatio

n, “A

cces

s R

adio

,” m

ight

be

orga

nize

d, fu

nded

, lic

ense

d, p

rom

oted

, and

regu

late

d).

The

met

hodo

logy

of t

he re

port

incl

uded

bro

ad s

cale

co

mm

unity

que

stio

nnai

res.

http

://w

ww

.com

min

it.co

m/

eval

uatio

ns/s

teva

l/sld

-216

5.ht

ml

(see

also

) ht

tp:/

/ww

w.c

omm

init

.com

/exp

erie

nces

/pds

kdv

1120

03/e

xper

ienc

es-9

57.h

tml

Zam

bia

2001

Dev

elop

men

tth

roug

h R

adio

(DTR

) Rad

ioLi

sten

ing

Clu

bs,

Zam

bia

Impa

ctEv

alua

tion

Rep

ort,

Pano

sSo

uthe

rn A

frica

Kitt

y W

arno

ckPa

nos

Pape

r as

sess

es th

e de

velo

pmen

t im

pact

of t

he D

evel

opm

ent

thro

ugh

Rad

io p

roje

ct a

t the

loca

l, co

mm

unity

, and

nat

iona

lle

vels

in Z

ambi

a.

http

://w

ww

.com

min

it.co

m/

pdf/

zam

biaD

TR.p

df

292

TAB

LE

3C

omm

unic

atio

n an

d D

evel

opm

ent

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2006

Com

mun

icat

ion

for

Soci

alC

hang

e

Ant

holo

gy:

Hist

oric

al a

ndC

onte

mpo

rary

Rea

ding

s

Alfo

nso

Gum

ucio

-D

agro

n an

dTh

omas

Tuf

te(e

dito

rs)

Com

mun

icat

ion

for

Soci

alC

hang

eC

onso

rtiu

m

Ant

holo

gy o

ffers

a s

erie

s of

con

trib

utio

ns, i

nclu

ding

Asia

n,A

fric

an, a

nd L

atin

Am

eric

an a

utho

rs, o

n ho

w th

e th

inki

ng a

ndpr

actic

e of

com

mun

icat

ion

mig

ht b

ring

abou

t soc

ial c

hang

e.

http

://w

ww

.com

mun

icat

ion

fors

ocia

lcha

nge.

org/

publ

icat

ions

-reso

urce

s.php

?id=

269

(for

pur

chas

e)

Glo

bal

2005

With

the

Supp

ort o

fM

ultit

udes

:U

sing

Stra

tegi

cC

omm

unic

atio

nto

Fig

ht P

over

tyTh

roug

h PR

SPs

Mas

udM

ozam

mel

and

Sina

Odu

gbem

i(e

dito

rs)

DFI

D

and

The

Wor

ldBa

nk

Rep

ort o

ffers

sug

gest

ions

to im

prov

e th

e ch

ance

s of

suc

cess

of

deve

lopm

ent a

genc

ies’

Pove

rty

Red

uctio

n St

rate

gies

(PR

Ss)

bysh

owin

g po

licy

mak

ers

how

str

ateg

ic c

omm

unic

atio

n ca

n he

lpth

em to

ach

ieve

som

e of

thei

r ob

ject

ives

in fo

rmul

atin

g an

dex

ecut

ing

effe

ctiv

e Po

vert

y R

educ

tion

Stra

tegi

es, a

nd g

ivin

gte

chno

crat

s an

d ot

her

offic

ials

who

are

act

ivel

y en

gage

d in

the

exec

utio

n of

Pov

erty

Red

uctio

n St

rate

gy P

aper

s (P

RSP

s)gu

idan

ce o

n go

od p

ract

ice

as w

ell a

s le

sson

s fr

om a

com

mun

ityof

pra

ctic

e sp

read

aro

und

the

wor

ld.

http

://w

ww

.dfid

.gov

.uk/

pubs

/fil

es/s

trat

-com

m-p

rsp.

pdf

Glo

bal

2005

The

Stat

e of

Com

mun

icat

ions

in In

tern

atio

nal

Dev

elop

men

tan

d Its

Rel

evan

ce to

the

Wor

k of

the

Uni

ted

Nat

ions

Ada

m R

oger

sSt

udy

prov

ides

an

over

view

on

the

impa

ct o

f com

mun

icat

ion

onin

tern

atio

nal d

evel

opm

ent a

t the

theo

ry, r

esea

rch,

and

pol

icy

leve

ls. It

exa

min

es th

e de

velo

pmen

t of v

ario

us th

eore

tical

fram

ewor

ks th

at d

efin

e th

e pr

actic

e of

dev

elop

men

tco

mm

unic

atio

n, a

nd in

terp

rete

d su

rvey

res

ults

to e

xam

ine

whe

ther

an

assu

mpt

ion

that

dev

elop

men

t com

mun

icat

ion

is no

tsu

ffici

ently

app

reci

ated

by

deci

sion

and

polic

y m

aker

s in

deve

lopm

ent o

rgan

izat

ions

is c

orre

ct, a

nd if

it is

, the

pos

sible

http

://w

ww

.unc

df.o

rg/e

nglis

h/lo

cal_

deve

lopm

ent/

docu

men

ts_a

nd_r

epor

ts/

them

atic

_pap

ers/

devc

om/

2005

03_s

tate

/AR

oger

s_D

evC

om20

05-b

.pdf

293

reas

ons

for

it. T

he s

tudy

con

clud

es th

at w

here

this

assu

mpt

ion

isco

rrec

t, po

ssib

le r

easo

ns fo

r it

incl

ude:

a) a

def

icie

ncy

ofem

piric

al in

dica

tors

on

whi

ch p

olic

y m

aker

s ca

n ba

se th

eir

budg

etin

g de

cisio

ns; a

nd/o

r b)

a la

ck o

f effe

ctiv

e co

mm

unic

atio

nbe

twee

n th

ose

that

adv

ocat

e fo

r de

velo

pmen

t com

mun

icat

ion

and

thos

e at

the

top

of th

e or

gani

zatio

nal h

iera

rchi

es.

Glo

bal

2004

Will

the

Rea

lW

SIS

Plea

se S

tand

Up?

The

Hist

oric

Enco

unte

r of t

he“In

form

atio

nSo

ciet

y” a

nd th

e“C

omm

unic

atio

nSo

ciet

y”

Seán

Ó S

ioch

rúA

rtic

le e

xam

ines

par

alle

l deb

ates

with

in th

e W

orld

Sum

mits

on

the

Info

rmat

ion

Soci

ety

(WSI

S): 1

) th

e “in

form

atio

n so

ciet

y”de

bate

, tak

ing

in th

e ro

le o

f inf

orm

atio

n, th

e In

tern

et, a

nd th

e“d

igita

l div

ide”

; and

2)

the

“com

mun

icat

ion

deba

te,”

enco

mpa

ssin

g br

oade

r iss

ues

of k

now

ledg

e ow

ners

hip

and

use,

med

ia d

iver

sity,

and

com

mun

icat

ion.

It a

naly

zes

how

they

indi

vidu

ally

dev

elop

ed a

nd r

emar

ks o

n th

eir

inte

rsec

tion

at th

eW

SIS

and

the

resu

ltant

impl

icat

ions

.

http

://s

os.c

omun

ica.

org

Glo

bal

2004

Cul

tura

lD

iver

sity

and

Com

mun

icat

ion

Rig

hts

Stev

e Bu

ckle

y

Soci

al S

cien

ceR

esea

rch

Cou

ncil

Wor

king

pap

er e

xam

ines

com

mun

icat

ion

right

s an

d th

ede

velo

pmen

t, w

ithin

the

fram

ewor

k of

UN

ESC

O, o

f pro

posa

lsfo

r an

inte

rnat

iona

l con

vent

ion

on th

e di

vers

ity o

f cul

tura

lco

nten

ts a

nd a

rtist

ic e

xpre

ssio

ns, i

n lig

ht o

f the

nee

d to

def

end

cultu

ral,

whi

ch h

as re

sulte

d fro

m th

e em

erge

nce

of n

ewin

form

atio

n an

d co

mm

unic

atio

n te

chno

logi

es. I

t set

s ou

t iss

ues

ofco

ncer

n an

d pr

ovid

es re

com

men

datio

ns fo

r civ

il so

ciet

y ad

voca

cy.

http

://p

rogr

ams.s

src.

org/

itic/

publ

icat

ions

/kno

wle

dge_

repo

rt/

mem

os/b

uckl

eym

emo4

.pdf

Glo

bal

2004

Com

mun

icat

ion

for

Isol

ated

and

Mar

gina

lized

Gro

ups:

Blen

ding

the

Old

and

the

New

Silv

ia B

alit

Pape

r ar

gues

that

the

conc

ept o

f com

mun

icat

ion

mus

t res

pond

to th

e ef

fect

s of

glo

baliz

atio

n, n

ew s

ocia

l act

ors,

and

the

oppo

rtun

ities

offe

red

by n

ew in

form

atio

n an

d co

mm

unic

atio

nte

chno

logi

es, t

o en

hanc

e pa

rtic

ipat

ory

com

mun

icat

ion

proc

esse

sin

pro

gram

s to

alle

viat

e po

vert

y an

d im

prov

e th

e liv

elih

oods

of

vuln

erab

le g

roup

s. Th

e pa

per

prop

oses

app

roac

hes

to o

verc

ome

cons

trai

nts

and

impr

ove

the

effe

ctiv

enes

s of

com

mun

icat

ion

with

isola

ted

and

mar

gina

lized

gro

ups.

http

://w

ww

.fao.

org/

sd/d

im_k

n1/

docs

/kn1

_040

701a

2_en

.pdf

294

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2004

Act

or N

etw

ork

Theo

ry a

ndM

edia

: Do

They

Con

nect

and

on W

hat

Term

s?

Nic

k C

ould

ryC

hapt

er p

rovi

des

an o

verv

iew

of a

ctor

net

wor

k th

eory

, whi

chse

eks

to e

xpla

in s

ocia

l ord

er th

roug

h th

e ne

twor

ks o

f con

nect

ions

betw

een

hum

an a

gent

s, te

chno

logi

es, a

nd o

bjec

ts. T

he c

hapt

erex

amin

es th

e po

ssib

le d

evel

opm

ent o

f a th

eory

of t

he ro

le(s

) of

med

ia a

nd c

omm

unic

atio

n te

chno

logi

es in

con

tem

pora

ryso

ciet

ies,

in a

n at

tem

pt to

und

erst

and

the

subs

tanc

e an

d lim

its o

fac

tor n

etw

ork

theo

ry.

http

://w

ww

.lse.

ac.u

k/co

llect

ions

/med

ia@

lse/p

df/

Cou

ldry

/Cou

ldry

_Act

orN

etw

ork

Theo

ryM

edia

.pdf

Glo

bal

2004

La C

omm

u-ni

catio

n au

Coe

ur d

e la

Gou

vern

ance

Glo

bale

(Com

mun

icat

ion

at th

e H

eart

ofG

loba

lG

over

nanc

e)

Mar

c R

aboy

and

Nor

man

dLa

ndry

Uni

vers

ity o

fM

ontr

eal

Rep

ort e

xam

ines

the

glob

al g

over

nanc

e en

viro

nmen

t in

com

mun

icat

ion

in te

rms

of th

e in

tera

ctio

n an

din

terd

epen

denc

e of

var

ious

act

ors

and

polic

y ve

nues

.

http

://w

ww

.lrpc

.um

ontr

eal.c

a/sm

sirap

port

.pdf

(in

Fre

nch)

Glo

bal

2004

Com

mun

icat

ion

and

Glo

bal

Gov

erna

nce

Mar

c R

aboy

Wor

ldA

ssoc

iatio

n fo

rC

hrist

ian

Com

mun

icat

ion

Wor

king

pap

er e

xam

ines

the

impa

ct o

f the

Wor

ld S

umm

it on

the

Info

rmat

ion

Soci

ety

on g

loba

l com

mun

icat

ion

gove

rnan

ce,

with

par

ticul

ar r

egar

d to

its

esta

blish

men

t of a

new

par

adig

m in

glob

al g

over

nanc

e in

whi

ch in

form

atio

n an

d co

mm

unic

atio

niss

ues

are

cent

ral,

and

in w

hich

new

act

ors,

part

icul

arly

roo

ted

in c

ivil

soci

ety,

will

be

incr

easin

gly

invo

lved

. The

pap

er a

lsoex

amin

es th

e im

pact

of t

his

para

digm

on

the

prom

otio

n of

dem

ocra

tic p

rinci

ples

.

http

://w

ww

.wac

c.or

g.uk

/wac

c/pr

ogra

mm

es/r

ecog

nisin

g_co

mm

unic

atio

n_rig

hts/

wsis

_co

mm

unic

atio

n_an

d_gl

obal

_go

vern

ance

295

Glo

bal

2003

Com

mun

icat

ing

in th

eIn

form

atio

nSo

ciet

y

Bruc

e G

irard

and

Seán

ÓSi

ochr

ú (e

dito

rs)

Uni

ted

Nat

ions

Res

earc

hIn

stitu

te fo

rSo

cial

Dev

elop

men

t

Book

exa

min

es th

e co

ncep

t of t

he “

info

rmat

ion

soci

ety,

” as

it is

artic

ulat

ed in

the

Wor

ld S

umm

it on

the

Info

rmat

ion

Soci

ety,

incl

udin

g th

e ph

iloso

phic

al u

nder

pinn

ings

of t

he r

ole

ofin

form

atio

n in

soc

iety

, the

way

in w

hich

the

conc

ept h

asre

cent

ly e

mer

ged

in th

e gl

obal

con

scio

us, a

nd h

ow it

mig

ht b

ede

ploy

ed in

pra

ctic

e to

max

imiz

e th

e gl

obal

pub

lic in

tere

st.

http

://w

ww

.com

unic

a.or

g/co

m_

right

s/

Glo

bal

2003

Dem

ocra

tizin

gC

omm

unic

atio

nG

loba

lly:

Build

ing

aTr

ansn

atio

nal

Adv

ocac

yC

ampa

ign

Seán

Ó S

ioch

rúC

hapt

er a

rgue

s th

at th

e em

erge

nce

of a

tran

snat

iona

l adv

ocac

yca

mpa

ign

on m

edia

and

com

mun

icat

ion

issue

s, fo

cusin

g on

the

glob

al le

vel,

is a

nece

ssar

y ne

xt s

tep

to c

omba

t exi

stin

g ne

gativ

etr

ends

in g

loba

l med

ia d

evel

opm

ent a

nd p

rom

ote

sust

aina

ble

and

equi

tabl

e hu

man

dev

elop

men

t.

http

://s

os.c

omun

ica.

org

Glo

bal

2003

A T

rans

natio

nal

Cam

paig

n in

Med

ia a

ndC

omm

unic

atio

n:W

hat N

eeds

toBe

Don

e?

Seán

Ó S

ioch

rú

Euro

pean

Soci

al F

orum

Arti

cle

exam

ines

how

a tr

ansn

atio

nal s

ocia

l mov

emen

t for

med

iaan

d co

mm

unic

atio

n m

ight

dev

elop

. It s

tate

s th

at b

efor

e an

y su

chm

ovem

ent m

ight

em

erge

, the

follo

win

g st

eps

are

nece

ssar

y:da

nger

s an

d ho

w to

circ

umsc

ribe

them

mus

t be

clea

rlyun

ders

tood

; per

tinen

t iss

ues

rela

ting

to m

edia

and

com

mun

icat

ion

mus

t be

conc

eive

d in

a m

anne

r tha

t brin

gs e

xist

ing

cons

titue

ncie

sto

geth

er, a

nd e

xten

ds to

new

con

stitu

enci

es; a

ltern

ativ

es to

cur

rent

regi

mes

mus

t be

desig

ned;

and

nat

iona

l and

tran

snat

iona

l act

ors

and

orga

niza

tions

mus

t be

mob

ilize

d.

http

://s

os.c

omun

ica.

org

Glo

bal

1989

A C

ultu

ral

App

roac

h To

Com

mun

icat

ion

Jam

es W

. Car

eyC

hapt

er e

xam

ines

the

diffe

renc

e be

twee

n tw

o co

mpe

ting

view

s of

com

mun

icat

ion:

the

“tra

nsm

issio

n” a

nd th

e “r

itual

”pe

rspe

ctiv

es. I

t ess

entia

lly d

escr

ibes

“tr

ansm

issio

n” a

s se

ndin

gsig

nals

or m

essa

ges

over

a d

istan

ce fo

r th

e pu

rpos

e of

con

trol

,

http

://w

ww

3.ni

u.ed

u/ac

ad/

gunk

el/c

oms4

65/c

arey

.htm

l

296

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

and

desc

ribes

the

“ritu

al”

view

of c

omm

unic

atio

n as

the

shar

ing

or p

osse

ssio

n of

a c

omm

on p

ersp

ectiv

e, a

kin

to a

rel

igio

usce

rem

ony,

to b

ring

peop

le to

geth

er in

ord

er to

faci

litat

e sh

ared

belie

fs a

nd m

aint

ain

soci

ety

over

tim

e.

Afr

ica

1993

List

enin

g fo

r aC

hang

e—O

ral

Test

imon

y an

dD

evel

opm

ent

PAN

OS,

UK

Hug

o Sl

im a

ndPa

ul T

hom

pson

Book

exa

min

es th

e im

pact

of l

ocal

-leve

l voi

ces

and

spok

enw

ords

on

deve

lopm

ent.

The

met

hodo

logy

mig

ht b

e va

luab

lefo

r im

pact

ass

essm

ents

of i

ndiv

idua

l and

gro

up in

terv

iew

s on

deve

lopm

ent e

ffort

s.

Afr

ica

and

Ara

b St

ates

2004

Who

seIn

form

atio

nSo

ciet

y? A

Civ

il So

ciet

yPe

rspe

ctiv

e on

WSI

S

Stev

e Bu

ckle

y

Con

fere

nce

onM

edia

in A

fric

aan

d th

e A

rab

Wor

ld

Wor

king

pap

er a

rgue

s in

favo

r of

a p

eopl

e-ce

nter

ed a

ppro

ach

toco

mm

unic

atio

n rig

hts,

base

d on

hum

an r

ight

s pr

inci

ples

and

sust

aina

ble

deve

lopm

ent p

riorit

ies,

and

exam

ines

the

info

rmat

ion

soci

ety

conc

ept a

s it

rela

tes

to A

fric

a an

d A

rab

stat

es, w

ith p

artic

ular

reg

ard

to c

omm

unity

med

ia.

http

://w

ww

.cer

timed

ia.o

rg/

cont

ent/

view

/33/

38/l

ang,

en/

297

Glo

bal

n/a

Gui

de fo

rW

ritin

g a

Fund

ing

Prop

osal

Net

-NG

O.c

omW

ebpa

ge p

rovi

des

inst

ruct

ions

on

how

to w

rite

a fu

ndin

gpr

opos

al a

nd in

clud

es e

xam

ples

of a

com

plet

ed p

ropo

sal.

http

://w

ww

.net

-ngo

.com

/fu

ndin

g.cf

m

Glo

bal

n/a

Onl

ine

Fund

raisi

ngH

andb

ook

Gro

unds

prin

g.o

rgH

andb

ook

is a

deta

iled

guid

e on

how

to r

aise

fund

s on

line,

w

ith s

ugge

stio

ns o

n ho

w to

iden

tify

dono

rs.

http

://w

ww

.gro

unds

prin

g.or

g/le

arni

ngce

nter

/han

dboo

k.cf

m

Glo

bal

n/a

CIV

ICU

S an

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DG

sC

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igni

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t for

Civ

ilSo

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izat

ions

Enga

ged

in th

eM

illen

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Dev

elop

men

tG

oals

CIV

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S(W

orld

Alli

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for

Citi

zen

Part

icip

atio

n)

Web

page

offe

rs a

ser

ies

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ts to

ena

ble

civi

l soc

iety

orga

niza

tions

to r

aise

fund

s an

d ot

herw

ise im

prov

e th

eir

capa

city

in v

ario

us c

omm

unic

atio

n an

d m

anag

emen

t are

as.

Tool

kits

incl

ude:

1)

Dev

elop

ing

a Fi

nanc

ing

Stra

tegy

; 2)

Fin

anci

al C

ontr

ols

and

Acc

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abili

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) W

ritin

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Fund

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Prop

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; 4)

Budg

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fect

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Pow

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6) W

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7)

Prod

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ur O

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ia; 8

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Med

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omot

ing

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Org

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lann

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Ove

rvie

w: 1

1) A

ctio

n pl

anni

ng;

12)

Mon

itorin

g an

d Ev

alua

tion;

and

13)

Str

ateg

ic P

lann

ing

http

://w

ww

.civ

icus

.org

/new

/ci

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s_to

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t.asp

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e in

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Spa

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bal

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Non

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rant

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Non

prof

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Web

Des

ign

Web

page

offe

rs g

rant

-writ

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inst

ruct

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for

nonp

rofit

orga

niza

tions

and

oth

er c

omm

unity

-min

ded

or p

ublic

gro

ups.

http

://w

ww

.npg

uide

s.org

/in

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htm

l

Cov

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site

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nanc

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edia

298

Cov

erag

eYe

arTo

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Sour

ceSu

mm

ary

Web

site

Glo

bal

2007

Mas

s M

edia

and

Spec

ial

Inte

rest

Gro

ups

Mar

ia P

etro

va

Prog

ram

inPo

litic

alEc

onom

y an

dG

over

nmen

t,H

arva

rdU

nive

rsity

.

Wor

king

pap

er a

rgue

s th

at m

edia

reve

nues

are

an

impo

rtant

dete

rmin

ant o

f med

ia b

ehav

ior.

It st

ates

that

new

s co

vera

ge, f

orex

ampl

e, d

epen

ds o

n th

e pr

efer

ence

s of

adv

ertis

ers

or s

ubsid

izin

ggr

oups

. The

wor

king

pap

er th

us d

evel

ops

a th

eore

tical

mod

el th

atm

aps

how

med

ia re

venu

es a

ffect

med

ia b

ehav

ior b

y ex

amin

ing

the

inte

ract

ion

betw

een

adve

rtise

rs, s

peci

al in

tere

st g

roup

s, an

dm

edia

out

lets

.

http

://w

ww

.peo

ple.

fas.h

arva

rd.e

du/%

7Em

petro

va/n

v21.

pdf

G

loba

l

2007

Basic

Fund

-R

aisin

g

for S

mal

lN

GO

s/C

ivil

Soci

ety

In th

eD

evel

opin

g W

orld

Jayn

e C

rave

ns

Coy

ote

Web

Des

ign

Gui

debo

ok s

ets

out b

asic

fund

-raisi

ng g

uide

lines

for

smal

lN

GO

s in

the

deve

lopi

ng w

orld

.ht

tp:/

/ww

w.c

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ecom

mun

ica

tions

.com

/out

reac

h/gr

ants

.htm

l

(fre

e, o

n re

ques

t)

Glo

bal

n/a

Smal

l Gra

nts

Prog

ram

Wor

ld B

ank

Web

page

pro

vide

s in

form

atio

n on

the

Wor

ld B

ank’

s Sm

all G

rant

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ogra

m, t

he p

urpo

se o

f whi

ch is

to s

treng

then

the

voic

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din

fluen

ce o

f poo

r and

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gro

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e de

velo

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The

prog

ram

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ports

act

iviti

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f civ

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gani

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ns w

hose

prim

ary

obje

ctiv

e is

civi

c en

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men

tof

the

poor

and

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gina

lized

pop

ulat

ions

, to

faci

litat

e ow

ners

hip

of d

evel

opm

ent i

nitia

tives

by

a br

oade

r sec

tor o

f soc

iety

.

http

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eb.w

orld

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.org

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bal

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Prop

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Writ

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e

The

Foun

datio

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ebpa

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rovi

des

inst

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ions

on

how

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rite

a fu

ndin

gpr

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al.

http

://f

ound

atio

ncen

ter.o

rg/

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tart

ed/t

utor

ials/

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rse/

inde

x.ht

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299

Glo

bal

2006

A G

uide

toFu

ndra

ising

Erne

st H

ayes

,Fa

dum

o A

lin,

and

Lia

van

Gin

neke

n

netw

ork

lear

ning

.org

Gui

de p

rovi

des

fund

raisi

ng in

stru

ctio

ns in

a th

ree-

part

pro

cess

:1)

the

proc

ess

of p

rofe

ssio

nalis

m; 2

) th

e pl

anni

ng o

f a p

roje

ct;

and

3) fi

ndin

g m

oney

for

the

proj

ect.

http

://w

ww

.net

wor

klea

rnin

g.or

g/bo

oks/

fund

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tml

Indi

a an

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Rep

ort e

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ines

per

cept

ions

of a

fford

abili

ty a

mon

g lo

w-

inco

me

tele

com

mun

icat

ion

user

s in

Indi

a an

d Sr

i Lan

ka a

nd th

eef

fect

s of

cha

nges

in s

ervi

ce c

osts

on

thei

r us

age

patte

rns.

http

://w

ww

.regu

late

onlin

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nt/v

iew

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300

Glo

bal

2006

Qui

ck G

uide

toA

udie

nce

Res

earc

h

Den

nis

List

Gui

de p

rovi

des

an o

verv

iew

on

how

to

cond

uct

audi

ence

rese

arch

, with

det

aile

d gu

idan

ce o

f co

nduc

ting

prel

imin

ary

rese

arch

, qua

litat

ive

rese

arch

, suc

h as

med

ia im

pact

asse

ssm

ents

, and

var

ious

for

ms

of s

urve

ys (

face

-to-fa

ce,

tele

phon

e, q

uest

ionn

aire

s, an

d m

ore)

. It

is d

esig

ned

for

med

ia p

ract

ition

ers,

incl

udin

g ra

dio

and

tele

visi

onbr

oadc

aste

rs.

http

://w

ww

.aud

ienc

edia

logu

e.o

rg/d

ox/q

gar.p

df

Glo

bal

2002

Kno

w Y

our

Aud

ienc

e: A

Prac

tical

Gui

deto

Med

iaR

esea

rch

Den

nis

List

Book

pro

vide

s se

vera

l app

roac

hes

in a

ser

ies

of c

hapt

ers

onho

w to

con

duct

aud

ienc

e re

sear

ch, w

ith p

artic

ular

reg

ard

toes

timat

ing

the

size

of a

n au

dien

ce a

nd d

iscov

erin

g au

dien

cepr

efer

ence

s. It

is sp

ecifi

cally

des

igne

d fo

r m

edia

pra

ctiti

oner

s,in

clud

ing

radi

o an

d te

levi

sion

broa

dcas

ters

.

http

://w

ww

.aud

ienc

edia

logu

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ya.h

tml

TAB

LE

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edia

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earc

h

AM

AR

C A

fric

aW

ebpa

ge p

rovi

des

a br

ief d

escr

iptio

n of

met

hods

of a

udie

nce

rese

arch

for

broa

dcas

t med

ia, i

nclu

ding

a “

Seve

n-D

ay D

iary

,”sa

mpl

es, r

ando

m s

ampl

ing,

diff

eren

t aud

ienc

e m

easu

res,

and

mor

e. T

hese

gui

delin

es a

re in

tend

ed fo

r br

oadc

ast m

edia

prac

titio

ners

to c

ondu

ct a

udie

nce

rese

arch

in o

rder

to in

crea

seco

mm

unity

par

ticip

atio

n in

the

broa

dcas

ting

stat

ion,

info

rman

d im

prov

e pr

ogra

mm

ing,

enh

ance

the

stat

ion’

sde

velo

pmen

t age

nda,

and

to d

evel

op s

ucce

ssfu

l mar

ketin

gst

rate

gies

.

http

://a

frica

.am

arc.

org/

page

.php

?to

pic=

Aud

ienc

e+R

esea

rch+

Gui

de

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

301

Glo

bal

1999

Han

dboo

k on

Rad

io a

ndTe

levi

sion

Aud

ienc

eR

esea

rch

Gra

ham

Myt

ton

BBC

Wor

ldSe

rvic

e Tr

aini

ng T

rust

,U

NES

CO

, and

UN

ICEF

Han

dboo

k se

ts o

ut a

udie

nce

rese

arch

met

hodo

logy

, inc

ludi

ngqu

antit

ativ

e au

dien

ce m

easu

rem

ent,

mea

sure

men

t of a

udie

nce

opin

ions

and

rea

ctio

ns, q

ualit

ativ

e re

sear

ch, d

ata

anal

ysis,

and

mor

e.

http

://u

nesd

oc.u

nesc

o.or

g/im

ages

/001

2/00

1242

/124

231E

o.p

df

Glo

bal

1993

Han

dboo

k on

Rad

io a

ndTe

levi

sion

Aud

ienc

eR

esea

rch

Gra

ham

Myt

ton

UN

ESC

O,

UN

ICEF

, and

the

BBC

Han

dboo

k pr

ovid

es a

udie

nce

rese

arch

met

hodo

logy

, inc

ludi

ngqu

antit

ativ

e au

dien

ce m

easu

rem

ent,

mea

sure

men

t of a

udie

nce

opin

ions

and

rea

ctio

ns, q

ualit

ativ

e re

sear

ch, d

ata

anal

ysis,

and

mor

e.

http

://u

nesd

oc.u

nesc

o.or

g/im

ages

/001

2/00

1242

/124

231E

o.p

df

302

TAB

LE

6Su

stai

ning

Bro

adca

st M

edia

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

n/a

Step

by

Step

:A

Gui

de to

Rad

ioBr

owsin

g

UN

ESC

OW

ebpa

ge p

rovi

des

info

rmat

ion

abou

t “R

adio

Bro

wsin

g of

the

Inte

rnet

,” w

hich

is w

here

on-

air

pres

ente

rs a

ctiv

ely

gath

erin

form

atio

n fr

om r

elia

ble

sites

on

the

Inte

rnet

(or

oth

er d

igita

lre

sour

ces)

dur

ing

broa

dcas

ts, i

n or

der

to r

espo

nd to

list

ener

s’ne

eds

and

quer

ies.

The

web

page

sta

tes

that

“R

adio

Bro

wsin

g” is

curr

ently

in u

se th

roug

hout

Asia

, Afr

ica,

and

the

Car

ibbe

an.

http

://p

orta

l.une

sco.

org/

ci/

en/e

v.ph

p-U

RL_

ID=

5590

&U

RL_

DO

=D

O_T

OPI

C&

UR

L_SE

CTI

ON

=20

1.ht

ml

(Rea

lPla

yer

file)

Glo

bal

n/a

Rad

ioBr

owsin

gBr

anisl

ava

Milo

sevi

c

One

Wor

ldR

adio

Web

page

pro

vide

s st

ep-b

y-st

ep in

stru

ctio

ns o

n ho

w to

pro

duce

a ra

dio

prog

ram

that

use

s th

e “R

adio

Bro

wsin

g” fo

rmat

.ht

tp:/

/ww

w.it

rain

onlin

e.or

g/itr

aino

nlin

e/m

mtk

/ra

diob

row

sing.

shtm

l

Glo

bal

n/a

Lead

ersh

ipan

dM

anag

emen

tfo

r C

hang

e

Faha

mu

(Net

wor

ks fo

rSo

cial

Just

ice)

and

Uni

vers

ity o

fO

xfor

d

Web

page

pro

vide

s a

cour

se o

n de

velo

ping

effe

ctiv

e le

ader

ship

skill

s. It

is pa

rtic

ular

ly g

eare

d to

war

d po

tent

ial c

ivil

soci

ety

lead

ers,

and

for

publ

ic in

tere

st o

rgan

izat

ions

.

http

://w

ww

.faha

mu.

org/

lead

ersh

ip.p

hp

Glo

bal

2005

Dev

elop

ing

Rad

ioPa

rtne

rs: A

Gui

debo

ok o

nSu

stai

nabi

lity

Bill

Siem

erin

gan

d Je

anFa

irbai

rn

Gui

debo

ok p

rovi

des

six c

ase

stud

ies

of lo

cal,

inde

pend

ent r

adio

stat

ions

in A

fric

a to

der

ive

less

ons

on s

usta

inab

ility

. It e

xam

ines

fact

ors

that

con

trib

ute

to th

e ov

eral

l sus

tain

abili

ty o

f sta

tions

,in

clud

ing

cont

ext,

lead

ersh

ip, m

anag

emen

t, pa

rtne

rshi

ps,

prog

ram

min

g, h

uman

and

tech

nica

l cap

acity

, will

, com

mun

itysu

ppor

t, au

dien

ce r

esea

rch,

and

mor

e.

http

://w

ww

.dev

elop

ingr

adio

part

ners

.org

/pro

gram

sPro

ject

s/cr

sp.h

tml

Glo

bal

2003

The

One

toW

atch

—R

adio

,N

ew IC

Ts, a

ndIn

tera

ctiv

ity

Bruc

e G

irard

Book

pro

vide

s ap

proa

ches

to s

usta

in r

adio

and

ICTs

(in

clud

ing

com

mun

ity r

adio

), pa

rtic

ular

ly c

omm

unity

par

ticip

atio

n, to

achi

eve

soci

al im

pact

.

http

://w

ww

.com

unic

a.or

g/1-

2-w

atch

/

303

Glo

bal

2003

Part

icip

ativ

eM

arke

ting

for

Loca

l Rad

io

Den

nis

List

Book

pro

vide

s pa

rtic

ipat

ive

mar

ketin

g st

rate

gies

to s

uppo

rt a

ndsu

stai

n lo

cal r

adio

. It i

s de

signe

d to

be

used

by

any

type

of l

ocal

radi

o st

atio

n (p

artic

ular

ly c

omm

unity

-ow

ned

stat

ions

), an

d is

part

icul

arly

use

ful f

or p

eopl

e w

ho a

re n

ew to

loca

l rad

io. T

hebo

ok a

lso p

rovi

des

an o

verv

iew

of p

artic

ipat

ive

mar

ketin

g, a

ndho

w it

ext

ends

the

idea

of r

elat

ions

hip

mar

ketin

g to

cov

erva

rious

type

s of

com

mun

icat

ions

and

soc

ial n

etw

orks

.

http

://w

ww

.aud

ienc

edia

logu

e.o

rg/p

mlr.

htm

l

Afr

ica

n/a

Afr

ica

Prog

ram

Trai

ning

Wor

ksho

ps

Afr

ican

Wom

en’s

Med

ia C

entr

e

Web

page

offe

rs a

list

of r

esou

rces

on

whe

re jo

urna

lists

may

obt

ain

spec

ific

skill

-bui

ldin

g, re

porti

ng, a

nd m

anag

emen

t tra

inin

g in

the

follo

win

g ar

eas:

1) le

ader

ship

dev

elop

men

t; 2)

med

iam

anag

emen

t; 3)

com

pute

r tra

inin

g in

new

med

ia te

chno

logi

es; 4

)jo

urna

lism

eth

ics;

5) s

peci

aliz

ed jo

urna

lism

ski

lls; 6

) bal

anci

ng w

ork

and

fam

ily; 7

) coa

litio

n bu

ildin

g; a

nd 8

) rep

ortin

g on

HIV

/AID

S.

http

://w

ww

.iwm

f.org

/afr

ica/

Can

ada

n/a

Wor

kboo

kSe

ries:

Boar

dD

evel

opm

ent

Prog

ram

Gov

ernm

ent o

fA

lber

ta,

Can

ada

Wor

kboo

k se

ries

prov

ides

gui

danc

e on

how

to re

crui

t, tra

in, a

ndap

prai

se th

e pe

rform

ance

of m

embe

rs o

f a b

oard

of d

irect

ors

for

a no

npro

fit o

rgan

izat

ion

(whi

ch m

ight

be

appl

ied

to b

road

cast

med

ia).

Spec

ifica

lly, t

he w

orkb

ook

serie

s in

clud

es in

stru

ctio

ns o

n:1)

dev

elop

ing

job

desc

riptio

ns fo

r boa

rd m

embe

rs o

f a n

onpr

ofit

orga

niza

tion;

2) d

rafti

ng a

nd re

visin

g by

law

s; 3)

recr

uitin

g an

dde

velo

ping

effe

ctiv

e bo

ard

mem

bers

for a

non

prof

it or

gani

zatio

n;4)

hiri

ng a

nd c

ondu

ctin

g pe

rform

ance

app

raisa

ls of

an

exec

utiv

edi

rect

or; a

nd 5

) fin

anci

al re

spon

sibili

ties

of n

onpr

ofit

boar

ds.

http

://w

ww

.cd.

gov.

ab.c

a/bu

ildin

g_co

mm

uniti

es/

volu

ntee

r_co

mm

unity

/pr

ogra

ms/

bdp/

serv

ices

/res

ourc

es/w

orkb

ooks

/ in

dex.

asp

Latin

Am

eric

a20

04La

Prá

ctic

aIn

spira

: La

Rad

io P

opul

ary

Com

unita

riafr

ente

al N

uevo

Sigl

o

And

rés

Gee

rts,

Vic

tor

van

Oey

en, C

laud

iaV

illam

ayor

ALE

R-A

MA

RC

Book

offe

rs c

ompr

ehen

sive

anal

ysis

of th

e su

stai

nabi

lity

ofco

mm

unity

rad

io in

Lat

in A

mer

ica.

It e

xam

ines

thirt

y-tw

oco

mm

unity

rad

io s

tatio

ns in

term

s of

soc

ial,

inst

itutio

nal,

and

finan

cial

sus

tain

abili

ty. I

t det

ails

the

met

hodo

logy

use

d fo

r ea

chco

mm

unity

rad

io s

tudy

, whi

ch in

clud

ed c

omm

unity

-leve

lfie

ldw

ork,

jour

nalis

t and

sta

ff in

terv

iew

s at

eac

h ra

dio

stat

ion,

audi

ence

inte

rvie

ws,

and

anal

yses

and

rev

iew

s of

pro

gram

min

g.

304

TAB

LE

7To

ol K

its a

nd H

andb

ooks

: Com

mun

ity M

edia

Glo

bal

n/a

Inte

rnet

Broa

dcas

ting

(also

kno

wn

as“W

ebst

ream

ing”

)

AM

AR

CW

ebpa

ge p

rovi

des

simpl

e in

stru

ctio

ns o

n ho

w to

bro

adca

st li

veov

er th

e In

tern

et, a

nd o

ffers

sof

twar

e fo

r fr

ee d

ownl

oad

tofa

cilit

ate

broa

dcas

ts. I

t sta

tes

that

in a

dditi

on to

the

free

softw

are,

the

only

req

uire

men

ts in

clud

e: a

com

pute

r pl

ugge

d in

to th

e co

nsol

e; a

goo

d In

tern

et c

onne

ctio

n; a

nd a

n ac

coun

t on

an In

tern

et s

erve

r.

http

://a

mar

cwik

i.am

arc.

org/

wili

ki.c

gi?I

nter

net_

broa

dcas

tin

Glo

bal

n/a

Prod

ucin

gC

onte

nt fo

rR

adio

AM

AR

CW

ebpa

ge p

rovi

des

the

follo

win

g se

ven

educ

atio

nal u

nits

desig

ned

to h

elp

com

mun

ity r

adio

pra

ctiti

oner

s tr

ain

volu

ntee

rsan

d st

aff:

1) S

crip

ting;

2)

Inte

rvie

win

g; 3

) Pr

esen

tatio

n; 4

)Ed

iting

; 5)

Rad

io fo

rmat

s; 6)

Aud

ienc

e pa

rtic

ipat

ion;

and

7)

Con

tent

for

exch

ange

.

http

://w

ww

.itra

inon

line.

org/

itrai

nonl

ine/

mm

tk/r

adio

cont

ent

.shtm

l

Glo

bal

n/a

Inte

rvie

win

g fo

rR

adio

BBC

Tra

inin

gan

dD

evel

opm

ent

Gui

de p

rovi

des

inst

ruct

ions

on

how

to p

repa

re fo

r ra

dio

inte

rvie

ws,

incl

udin

g liv

e st

udio

inte

rvie

ws

and

vox

pops

.ht

tp:/

/ww

w.b

bctr

aini

ng.c

om/

onlin

eCou

rse.

asp?

tID

=25

55&

cat=

2772

Glo

bal

n/a

New

swrit

ing

for

Rad

ioM

icha

el M

eckl

erW

ebpa

ge p

rovi

des

info

rmat

ion

desig

ned

to a

ssist

rad

iojo

urna

lists

impr

ove

thei

r sk

ills

as w

riter

s an

d an

chor

s.ht

tp:/

/ww

w.n

ewsc

ript.c

om

Glo

bal

2005

Ass

essin

gC

omm

unic

atio

nR

ight

s: A

Han

dboo

k

Seán

Ó S

ioch

rú

CR

AFT

Pro

ject

(Com

mun

icat

ion

Rig

hts

Ass

essm

ent

Fram

ewor

k an

dTo

olki

t) o

f the

CR

IS C

ampa

ign.

Han

dboo

k of

fers

a p

ract

icab

le c

heck

list f

or a

sses

sing

com

mun

icat

ion

right

s in

par

ticul

ar n

atio

nal c

onte

xts—

wha

tex

ists

and

wha

t is

miss

ing—

both

in te

rms

of th

e ge

nera

len

ablin

g en

viro

nmen

t and

the

part

icul

ars

of b

road

cast

ing.

The

hand

book

mig

ht b

e us

eful

for

civi

l soc

iety

pre

ssur

e gr

oups

inco

nsul

tatio

ns w

ith (

or lo

bbyi

ng)

gove

rnm

ents

for

expa

nded

com

mun

icat

ion

right

s.

http

://w

ww

.cris

info

.org

/pdf

/gg

pen.

pdf

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

305

Glo

bal

2005

Succ

essf

ulC

omm

unic

atio

n:A

Too

lkit

for

Res

earc

hers

and

Civ

il So

ciet

yO

rgan

izat

ion

Ingi

e H

ovla

ndR

esea

rch

and

Polic

y in

Dev

elop

men

tPr

ogra

mm

eO

vers

eas

Dev

elop

men

tIn

stitu

te (

OD

I)

Tool

kit

prov

ides

met

hodo

logy

that

des

crib

es h

ow to

eva

luat

eth

e so

cial

impa

ct o

f com

mun

icat

ion

prog

ram

s. Th

e to

olki

tm

ight

be

appl

ied

to e

valu

atin

g th

e so

cial

impa

ct o

f com

mun

ityra

dio

(tho

ugh

com

mun

ity r

adio

is n

ot s

peci

fical

ly a

ddre

ssed

inth

e to

olki

t).

http

://w

ww

.odi

.org

.uk/

publ

icat

ions

/rap

id/t

ools2

.pdf

Glo

bal

2004

How

to D

oC

omm

unity

Rad

io: A

Prim

erfo

r C

omm

unity

Rad

ioO

pera

tors

Loui

e Ta

bing

UN

ESC

OM

anua

l pro

vide

s a

step

-by-

step

intr

oduc

tion

to th

e co

ncep

t of

com

mun

ity r

adio

, and

how

to e

stab

lish

a co

mm

unity

rad

iost

atio

n, in

clud

ing

over

view

s of

nec

essa

ry e

quip

men

t, a

gene

ral

code

of c

ondu

ct, a

nd p

rogr

amm

ing

cont

ent.

http

://p

orta

l.une

sco.

org/

ci/

en/f

iles/

1616

2/10

8840

7309

1H

ow_t

o_do

_Com

.radi

o.pd

f/H

ow%

2Bto

%2B

do%

2BC

om.ra

dio.

pdf

Glo

bal

2004

Invo

lvin

g th

eC

omm

unity

: A

Gui

de to

Pa

rtici

pato

ry

Dev

elop

men

tC

omm

unic

atio

n

Guy

Bes

sette

Inte

rnat

iona

lD

evel

opm

ent

Res

earc

h C

ente

ran

d So

uthb

ound

Gui

de in

trodu

ces

parti

cipa

tory

dev

elop

men

t com

mun

icat

ion

conc

epts

, inc

ludi

ng e

ffect

ive

two-

way

com

mun

icat

ion

appr

oach

es,

and

pres

ents

a m

etho

dolo

gy to

pla

n, d

evel

op, a

nd e

valu

ate

com

mun

icat

ion

stra

tegi

es. T

his

met

hodo

logy

is d

esig

ned

to h

elp

rese

arch

ers

and

prac

titio

ners

impr

ove

com

mun

icat

ion

with

loca

lco

mm

uniti

es a

nd o

ther

sta

keho

lder

s, en

hanc

e co

mm

unity

parti

cipa

tion

in re

sear

ch a

nd d

evel

opm

ent i

nitia

tives

, and

impr

ove

the

capa

city

of c

omm

uniti

es to

par

ticip

ate

in th

e m

anag

emen

t of

thei

r nat

ural

reso

urce

s.

http

://w

ww

.idrc

.ca/

open

eboo

ks/

066-

7/

Glo

bal

2001

Publ

ic S

ervi

ceBr

oadc

astin

g in

Tran

sitio

n: A

Doc

umen

tary

Rea

der

Mon

roe

Pric

ean

d M

arc

Rab

oy(e

dito

rs)

Euro

pean

Inst

itute

for

the

Med

ia

Book

is c

ompr

ised

of d

ocum

ents

, com

men

ts, a

nd c

ases

that

are

desig

ned

for

use

by g

over

nmen

t offi

cial

s an

d ci

tizen

s in

tere

sted

in s

tren

gthe

ning

pub

lic s

ervi

ce b

road

cast

ing

in tr

ansit

ion

soci

etie

s.

http

://w

ww

.glo

bal.a

sc.u

penn

.edu

/doc

s/R

epor

ts/P

SB_i

n_Tr

ansit

ion.

pdf

306

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2001

Usin

gC

omm

unity

Rad

io fo

r N

on-

Form

alEd

ucat

ion

John

Tho

mas

The

Com

mon

wea

lthof

Lea

rnin

g

Book

let p

rovi

des

an in

trod

uctio

n an

d tip

s on

how

to u

seco

mm

unity

rad

io a

s a

med

ium

for

nonf

orm

al e

duca

tion.

It a

lsoin

clud

es a

brie

f exa

min

atio

n of

the

stre

ngth

s an

d w

eakn

esse

s of

this

appr

oach

to e

duca

tion.

http

://w

ww

.col

.org

/col

web

/w

ebda

v/sit

e/m

yjah

iasit

e/sh

ared

/do

cs/K

S200

1-02

_rad

io.p

df

Glo

bal

1997

Rad

io D

ram

a:D

irect

ing,

Act

ing,

Tech

nica

l,Le

arni

ng a

ndTe

achi

ng,

Res

earc

hing

,St

yles

, Gen

res—

A S

tep

by S

tep

Inst

ruct

ion

Ala

n Be

ckW

ebpa

ge o

ffers

inst

ruct

ions

on

how

to p

rodu

ce a

rad

io d

ram

a,in

clud

ing

equi

pmen

t use

, res

earc

h an

d co

nten

t cre

atio

n, a

ndm

ore.

http

://w

ww

.savo

yhill

.co.

uk/

tech

niqu

e/

Glo

bal

2001

Com

mun

ityR

adio

Han

dboo

k(U

NES

CO

)

Col

in F

rase

r an

dSo

nia

Res

trep

oEs

trad

a

Han

dboo

k in

trod

uces

issu

es r

elev

ant t

o em

ergi

ng c

omm

unity

radi

o st

atio

ns in

dev

elop

ing

coun

trie

s, w

ith p

artic

ular

reg

ard

toth

e pu

rpos

e of

com

mun

ity r

adio

, leg

al a

nd r

egul

ator

yim

plic

atio

ns, t

echn

ical

req

uire

men

ts, p

rogr

amm

ing,

and

acce

ptab

le c

odes

of c

ondu

ct. T

he h

andb

ook

also

pro

vide

sse

vera

l inf

orm

ativ

e ca

se s

tudi

es.

http

://w

ww

.une

sco.

org/

web

wor

ld/p

ublic

atio

ns/

com

mun

ity_r

adio

_han

dboo

k.pd

f

Glo

bal

1997

Rep

ortin

gH

uman

Rig

hts

and

Hum

anita

rian

Stor

ies:

A

Jo-A

nne

Velin

,w

ith H

uman

Rig

hts

Inte

rnet

and

the

Inte

rnat

iona

l

Han

dboo

k pr

ovid

es g

uida

nce

to jo

urna

lists

(pa

rtic

ular

ly th

ose

with

lim

ited

time,

few

res

ourc

es, a

nd n

o In

tern

et o

r em

ail

acce

ss)

on r

epor

ting

stor

ies

with

hum

an r

ight

s or

hum

anita

rian

com

pone

nts.

It pr

ovid

es a

glo

ssar

y on

inte

rnat

iona

l hum

anrig

hts

law

and

inte

rnat

iona

l hum

anita

rian

law

, as

wel

l as

a

http

://w

ww

.hri.

ca/d

occe

ntre

/do

cs/h

andb

ook9

7/

307

Glo

bal

1996

How

to W

rite

aR

adio

Ser

ial

Dra

ma

for S

ocia

lD

evel

opm

ent:

ASc

ript W

riter

’sM

anua

l

Esta

de

Foss

ard

John

s H

opki

nsC

ente

r fo

rC

omm

unic

atio

nPr

ogra

ms

and

USA

ID (

unde

rth

e Po

pula

tion

Com

mun

icat

ion

Serv

ices

Pro

ject

)

Man

ual p

rovi

des

guid

ance

for

novi

ce a

nd e

xper

ienc

edsc

riptw

riter

s to

pre

pare

a r

adio

ser

ial d

ram

a th

at e

duca

tes

and

ente

rtai

ns, a

s pa

rt o

f a s

ocia

l dev

elop

men

t pro

ject

.

http

://w

ww

.jhuc

cp.o

rg/p

ubs/

fg/

3/3.

pdf

Glo

bal

1977

Rad

ioM

anag

emen

t in

the

Smal

lC

omm

unity

Asia

-Pac

ific

Inst

itute

for

Broa

dcas

ting

Dev

elop

men

t

Man

ual d

emon

stra

tes

how

man

ager

s of

sm

all,

rura

l com

mun

ityra

dio

stat

ions

con

trib

ute

to d

evel

opm

ent.

It of

fers

a s

erie

s of

stat

emen

ts fr

om e

ffect

ive

com

mun

ity r

adio

man

ager

s on

how

best

to m

anag

e co

mm

unity

bro

adca

stin

g st

atio

ns.

http

://w

ww

.aib

d.or

g.m

y/pu

blic

atio

ns/a

bstr

act.c

gi/1

0.ht

ml

(for

pur

chas

e)

Glo

bal

1991

Com

mun

icat

ion

in D

evel

opm

ent

Fred

Cas

mir

Book

pro

vide

s a

serie

s of

cas

e st

udie

s of

dev

elop

men

tco

mm

unic

atio

n ex

perie

nces

from

aro

und

the

wor

ld. I

t fur

ther

intr

oduc

es: 1

) co

ncep

tual

bas

es fo

r th

e us

e of

com

mun

icat

ion

in d

evel

opm

ent;

2) c

omm

unic

atio

n in

the

deve

lopm

ent o

fco

ntem

pora

ry s

tate

s; re

gion

al d

evel

opm

ent a

nd c

omm

unic

atio

npo

licie

s; an

d 3)

dea

ling

with

the

need

of c

ultu

ral m

inor

ities

inte

rms

of c

omm

unic

atio

n an

d de

velo

pmen

t.

http

://d

oi.c

onte

ntdi

rect

ions

.com

/mr/

gree

nwoo

d.jsp

?doi

=10

.133

6/08

9391

6412

(for

pur

chas

e)

Jour

nalis

t’sH

andb

ook

Cen

ter

for

Hum

anita

rian

Rep

ortin

g

colle

ctio

n of

cou

ntry

pro

files

to p

rovi

de jo

urna

lists

with

in-

coun

try

cont

acts

and

sta

tistic

s, an

d an

add

ress

boo

k w

ith th

eco

ntac

t par

ticul

ars

of th

e ha

ndbo

ok’s

own

cont

ribut

ors.

Afr

ica

n/a

Com

mun

ityR

adio

Cas

eSt

udie

s

UN

ESC

O/

BR

EDA

and

The

Com

mon

wea

lthof

Lea

rnin

g

Web

page

pro

vide

s ca

se s

tudi

es a

s ex

ampl

es o

f goo

d pr

actic

es in

com

mun

ity r

adio

in A

fric

a. T

he c

ase

stud

ies

high

light

cha

lleng

esan

d de

mon

stra

te h

ow c

omm

unity

-bas

ed b

road

cast

ing

is a

way

to a

chie

ve d

evel

opm

ent t

arge

ts.

http

://w

ww

.dak

ar.u

nesc

o.or

g/ed

ucat

ion_

en/s

up_p

ublic

_co

m_r

ad.sh

tml

(ava

ilabl

e in

Eng

lish,

Fre

nch,

an

d Po

rtug

uese

)

308

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Afr

ica

n/a

Rad

io T

alk

Show

s fo

rPe

ace-

Build

ing:

A G

uide

Sear

ch fo

rC

omm

onG

roun

d

Gui

de o

ffer i

nstru

ctio

ns fo

r com

mun

ity ra

dio

prac

titio

ners

tode

velo

p co

nten

t for

talk

sho

ws

in a

man

ner t

hat h

elps

to re

duce

conf

lict (

rath

er th

an s

timul

ate

or e

xace

rbat

e it)

.

http

://w

ww

.radi

opea

ceaf

rica.

org/

inde

x.cf

m?l

ang=

en (

regi

ster

for

free

to a

cces

s th

e G

uide

)

Afr

ica

2006

Broa

dcas

ting

Plur

alism

and

Div

ersit

y: A

Trai

ning

Man

ual

for

Afr

ican

Reg

ulat

ors

Art

icle

19

Man

ual c

larif

ies

the

role

of A

fric

an b

road

cast

ing

regu

lato

rs a

ndde

mon

stra

tes

how

inte

rest

s m

ight

be

bala

nced

to a

chie

veeq

uita

ble

freq

uenc

y al

loca

tions

to p

ublic

, priv

ate,

and

com

mun

ity o

pera

tors

. It a

lso p

rovi

des

guid

ance

on

secu

ring

the

publ

ic’s

right

to r

ecei

ve in

form

atio

n, a

s w

ell a

s pr

ovid

ing

the

soci

ally

and

geo

grap

hica

lly d

iver

se p

ublic

with

hig

h-qu

ality

,re

leva

nt p

rogr

amm

ing.

The

man

ual i

s de

signe

d to

con

trib

ute

toth

e ha

rmon

izat

ion

of o

pera

tiona

l met

hods

thro

ugho

ut th

eA

fric

an c

ontin

ent,

and

is ai

med

at m

embe

rs a

nd s

taff

of A

fric

anbr

oadc

astin

g re

gula

tory

bod

ies,

as w

ell a

s jo

urna

lists

,br

oadc

aste

rs, a

nd c

ivil

soci

ety

grou

ps.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

tool

s/br

oadc

astin

g-m

anua

l.pdf

A

fric

a

2006

Cito

yens

et

Med

ia: G

uide

Prat

ique

pou

run

Dia

logu

een

tre

Cito

yens

et M

edia

Jam

al E

ddin

eN

aji

UN

ESC

O

Gui

de p

rovi

des

reco

mm

enda

tions

on

how

dia

logu

e be

twee

nci

tizen

s (c

ivil

soci

ety

grou

ps)

and

med

ia (

part

icul

arly

broa

dcas

ters

) m

ight

be

fost

ered

. It s

peci

fical

ly d

escr

ibes

the

cont

ext o

f Fre

nch-

spea

king

Afr

ican

and

Mag

hreb

cou

ntrie

s an

dpr

opos

es s

ome

good

pra

ctic

es c

orre

late

d w

ith th

eir

iden

titie

san

d sp

ecifi

c co

nditi

ons

incl

udin

g se

vera

l app

roac

hes,

guid

ance

,an

d po

ssib

le m

odel

s ba

sed

on e

xper

ienc

es o

f oth

er r

egio

ns.

http

://u

nesd

oc.u

nesc

o.or

g/im

ages

/001

4/00

1465

/146

533f

.pdf

Afr

ica

2000

The

Afr

ican

Com

mun

ityR

adio

Man

ual

for

Man

ager

s: A

Gui

de to

Sust

aina

ble

Rad

io

Ishm

ael P

erki

ns

AM

AR

C A

fric

aan

d th

e In

stitu

tefo

r th

eA

dvan

cem

ent o

fJo

urna

lism

Man

ual d

escr

ibes

the

pro

cess

of

man

agin

g an

d su

stai

ning

aco

mm

unity

rad

io s

tatio

n on

the

Afr

ican

con

tinen

t. It

furt

her

prov

ides

sug

gest

ions

to

prom

ote

com

mun

ity p

artic

ipat

ion

tosu

stai

n co

mm

unity

rad

io.

http

://w

ww

.apc

.org

/app

s/im

g_up

load

/29f

7440

3036

91f4

6ae6

e48

c355

12cc

f2/A

MA

RC

_m

anua

l_fo

r_m

anag

ers.d

oc

(in F

renc

h)

309

Afr

ica

1998

Wha

t Is

Com

mun

ityR

adio

? A

Res

ourc

e G

uide

Lum

ko M

timde

,M

arie

-Hel

ene

Boni

n, N

ikop

ane

Map

hiri,

and

Kod

jo N

yam

aku

AM

AR

C A

fric

aPa

nos

Sout

hern

Afr

ica

Res

ourc

e gu

ide

deta

ils h

ow c

omm

unity

rad

io s

tatio

ns c

an b

ees

tabl

ished

in A

fric

a, a

nd p

rovi

des

guid

ance

on

trou

bles

hoot

ing

prob

lem

s en

coun

tere

d by

com

mun

ity r

adio

sta

tions

. It f

urth

erex

amin

es th

e ro

le o

f com

mun

ity r

adio

sta

tions

in b

uild

ing

part

icip

ator

y de

moc

racy

and

dev

elop

men

t in

Afr

ica.

http

://w

ww

.com

min

it.co

m/

redi

rect

.cgi

?r=

http

://a

fric

a.am

arc

.org

/file

s/en

glish

.doc

Aus

tral

ian/

aC

omm

unity

Broa

dcas

ting

Ass

ocia

tion

ofA

ustr

alia

Han

dboo

k

Com

mun

ityBr

oadc

astin

gA

ssoc

iatio

n of

Aus

tral

ia

Han

dboo

k pr

ovid

es o

pera

tiona

l ove

rvie

w o

f com

mun

ity r

adio

stat

ions

in A

ustr

alia

, fro

m le

gisla

tion

and

regu

latio

n to

pro

gram

deve

lopm

ent.

Cha

pter

s in

clud

e in

form

atio

n on

acc

ess

fees

; how

to e

stab

lish

com

mun

ity b

road

cast

ing

(a g

uide

for

aspi

rant

s);

cens

orsh

ip; c

ompl

aint

s ha

ndlin

g; th

e C

omm

unity

Rad

ioN

etw

ork;

con

flict

res

olut

ion;

dig

ital r

adio

; eth

nic

broa

dcas

ting;

finan

cial

man

agem

ent;

inco

rpor

atio

n; in

sura

nce;

man

agem

ent;

mar

ketin

g; m

edia

law

; mus

ic; o

utsid

e br

oadc

asts

; pro

gram

eval

uatio

n qu

estio

nnai

re; p

rom

otio

ns; s

pons

orsh

ip; s

taffi

ng;

tech

nica

l res

ourc

es; w

omen

on

the

air;

and

yout

h br

oadc

astin

g.

http

://w

ww

.cba

a.or

g.au

/co

nten

t.php

/12.

htm

l?pu

bid=

14

Asia

2001

Man

ual f

orM

edia

Tra

iner

s—A

Lea

rner

-C

ente

red

App

roac

h

Asia

-Pac

ific

Inst

itute

for

Broa

dcas

ting

Dev

elop

men

t(A

IBD

)

Dre

w O

.M

cDan

iel a

ndD

unca

n H

.Br

own

UN

ESC

O

Man

ual p

rovi

des

med

ia tr

aine

rs a

nd p

ract

ition

ers

stra

tegi

es to

faci

litat

e ad

ult l

earn

ing.

It a

lso p

rovi

des

guid

ance

on

how

toev

alua

te tr

aini

ng p

rogr

ams

and

impa

ct e

valu

atio

ns, s

uch

ascr

eatin

g ef

fect

ive

ques

tionn

aire

s an

d in

terv

iew

s fo

r ev

alua

tion

purp

oses

.

http

://w

ww

.une

sco.

org/

web

wor

ld/p

ublic

atio

ns/m

edia

_tr

aine

rs/m

anua

l.pdf

310

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

East

and

Sout

hern

Afr

ica

2000

Med

ia a

ndH

IV/A

IDS

inEa

st a

ndSo

uthe

rnA

fric

a: A

Res

ourc

e Bo

ok

S. T

. Kw

ame

Boaf

o, w

ithC

arlo

s A

.A

rnal

do (

edito

rs)

Res

ourc

e bo

ok p

rovi

des

prac

tical

gui

delin

es a

nd s

trat

egie

s fo

rth

e ef

fect

ive

repo

rtin

g of

HIV

/AID

S iss

ues.

http

://w

ww

.une

sco.

org/

web

wor

ld/p

ublic

atio

ns/m

edia

_ai

ds/i

ndex

.htm

l

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pe19

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e M

edia

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este

rnEu

rope

: The

Euro

med

iaH

andb

ook

Bern

t Stu

bbe

Øst

erga

ard

(edi

tor)

Euro

med

iaR

esea

rch

Gro

up

Han

dboo

k pr

ovid

es a

n ov

ervi

ew o

f nat

iona

l pre

ss, b

road

cast

ing,

and

elec

tron

ic m

edia

in W

este

rn E

urop

e. E

ach

chap

ter

focu

ses

on a

Eur

opea

n co

untr

y, a

nd s

umm

ariz

es g

eogr

aphi

cal a

ndde

mog

raph

ic fe

atur

es, t

he p

oliti

cal s

ituat

ion,

and

gov

ernm

ent

typo

logy

. It t

hen

sum

mar

izes

the

deve

lopm

ent o

f prin

t and

elec

tron

ic m

edia

in th

e co

untr

y (s

ince

194

5), f

ollo

wed

by

anan

alys

is of

impo

rtan

t pre

ss is

sues

, per

tinen

t leg

islat

ion,

sal

ient

issue

s an

d po

licy

prob

lem

s, an

d an

exa

min

atio

n of

med

iach

anne

ls, n

ew o

wne

rs, a

nd th

eir

med

ia s

trat

egie

s.

http

://w

ww

.eur

omed

iagr

oup.

org/

publ

icat

ions

.htm

(for

pur

chas

e)

Sout

hA

fric

a20

03C

omm

unity

Rad

io: T

hePe

ople

’s Vo

ice

John

van

Zyl

(edi

tor)

ABC

Ulw

azi

Han

dboo

k pr

ovid

es g

uide

lines

and

str

ateg

ies

cove

ring

the

entir

epr

oces

s of

set

ting

up, m

anag

ing,

and

sus

tain

ing

com

mun

ityra

dio,

with

an

anal

ysis

of th

e ro

le o

f com

mun

ity r

adio

in S

outh

Afr

ican

soc

iety

.

http

://w

ww

.abc

ulw

azi.o

rg.z

a/jsp

/pub

lishe

d_cr

.jsp?

pg=

pu

blish

ed_c

r

Irela

ndn/

aN

EAR

FM

(Com

mun

ityR

adio

) St

atio

nH

andb

ook,

Dub

lin, I

rela

nd

NEA

R F

M,

Dub

lin, I

rela

ndW

ebpa

ge p

rovi

des

a fu

ll co

mm

unity

rad

io s

tatio

n ha

ndbo

okfr

om N

EAR

FM

, a le

adin

g co

mm

unity

rad

io s

tatio

n in

Dub

lin,

Irela

nd.

http

://w

ww

.nea

rfm

.ie/h

and

book

.htm

l

311

Sout

hA

fric

a19

99C

omm

unity

Rad

io M

anua

lJe

an F

airb

airn

Ope

n So

ciet

yFo

unda

tion

for

Sout

h A

fric

a(O

SF-S

A)

Han

dboo

k de

tails

how

to fa

ce c

halle

nges

ass

ocia

ted

with

esta

blish

ing

a co

mm

unity

rad

io in

Sou

th A

fric

a (a

nd w

ithbr

oade

r im

plic

atio

ns)

and

prov

ides

inst

ruct

ions

that

sho

w h

owto

set

up

a ne

w c

omm

unity

rad

io s

tatio

n. H

andb

ook

exam

ines

the

lega

l and

reg

ulat

ory

envi

ronm

ent,

enco

urag

ing

com

mun

itypa

rtic

ipat

ion,

lice

nsin

g, p

rogr

amm

ing,

equ

ipm

ent,

mar

ketin

g,fu

nd-ra

ising

, for

mat

s, an

d m

ore.

http

://w

ww

.osf.

org.

za/F

ile_

Upl

oads

/pdf

/CR

M-1

-pr

elim

s.pdf

#se

arch

=%

22m

anua

ls%

20on

%20

com

mun

ity%

20ra

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%20

eval

uatio

n%22

312

TAB

LE

8M

ass

Med

ia: G

ende

r, R

ace,

and

You

th Is

sues

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2007

Pion

eerin

gW

omen

’s Vo

ices

:A

Cel

ebra

tion

ofW

omen

’sJo

urna

lism

acro

ss th

e G

lobe

Art

icle

19

Rep

ort o

ffers

pro

files

and

per

sona

l tes

timon

ials

from

fem

ale

jour

nalis

ts fr

om G

uate

mal

a, Ir

aq, M

alay

sia, a

nd S

udan

.ht

tp:/

/ww

w.a

rtic

le19

.org

/pdf

s/pu

blic

atio

ns/2

007-

wom

ens-

day.

pdf

Glo

bal

2005

Inte

rnet

Gov

erna

nce

and

Gen

der

Issu

es

Inte

rvie

w w

ithM

avic

Cab

rera

-Ba

lleza

Inte

rvie

w p

rovi

des

seve

ral i

nsig

hts

into

the

gend

er im

plic

atio

nsof

info

rmat

ion

com

mun

icat

ion

tech

nolo

gy, p

artic

ular

ly th

eIn

tern

et a

nd In

tern

et g

over

nanc

e.

http

://w

ww

.aw

id.o

rg/g

o.ph

p?st

id=

1514

(se

e al

so)

http

://w

ww

.gen

derit

.org

/en/

inde

x.sh

tml?

apc=

a—e9

1324

-1&

x=91

324

Glo

bal

1997

Med

iaW

ise/

Pres

sWise

artic

les

onC

hild

ren

and

Med

ia

Med

iaW

ise/

Pres

sWise

Web

page

offe

rs a

ser

ies

of a

rtic

les

that

exa

min

e va

rious

issu

esas

soci

ated

with

med

ia c

over

age

of c

hild

ren

and

child

ren’

sen

gage

men

t with

the

med

ia. T

hese

art

icle

s in

clud

e th

e cr

eatio

nan

d de

liver

y of

trai

ning

mat

eria

ls in

var

ious

cou

ntry

con

text

s.

http

://w

ww

.pre

ssw

ise.o

rg.u

k/di

spla

y_pa

ge.p

hp?i

d=71

Glo

bal

1995

Muj

er y

Rad

ioPo

pula

rM

aría

Cris

tina

Mat

a,co

ordi

nado

ra

ALE

R

Book

exa

min

es th

e ro

le o

f wom

en in

com

mun

ity r

adio

. It

furt

her

exam

ines

how

gen

der

issue

s ar

e re

pres

ente

d in

com

mun

ity r

adio

.

Euro

pe20

06C

omm

ittee

of

Expe

rts

onIs

sues

Rel

atin

gto

the

Tom

Mor

ing

Secr

etar

iat o

f the

Fram

ewor

kC

onve

ntio

n fo

r

Stud

y is

desig

ned

to in

form

the

deba

te o

n ho

w to

pro

mot

e th

eac

cess

of n

atio

nal m

inor

ities

to m

edia

in a

cha

ngin

g m

edia

envi

ronm

ent.

The

stud

y ex

plor

es th

e ph

enom

enon

that

des

pite

the

rapi

d em

erge

nce

of n

ew ty

pes

of m

edia

and

med

ia u

sage

,

http

://w

ww

.ivir.

nl/p

ublic

atio

ns/

mcg

onag

le/A

cces

s_na

tmin

_to

_med

ia_e

ng.p

df

313

Prot

ectio

n of

Nat

iona

lM

inor

ities

the

Prot

ectio

n of

Nat

iona

lM

inor

ities

and

the

Com

mitt

eeof

Exp

erts

on

Issue

s R

elat

ing

toth

e Pr

otec

tion

ofN

atio

nal

Min

oriti

es

exist

ing

inst

rum

ents

to s

ecur

e ac

cess

for

natio

nal m

inor

ities

toth

ese

med

ia h

ave,

with

onl

y a

few

exc

eptio

ns, r

emai

ned

unch

ange

d. It

also

pro

vide

s re

com

men

datio

ns o

n ho

w to

com

bat t

his

phen

omen

on.

Euro

pe20

04C

omm

enta

ry:

Acc

ess

ofPe

rson

sBe

long

ing

toN

atio

nal

Min

oriti

es to

the

Med

ia

Tarla

chM

cGon

agle

Com

men

tary

exa

min

es is

sues

that

influ

ence

the

acce

ss o

fpe

rson

s be

long

ing

to n

atio

nal m

inor

ities

to th

e m

edia

, and

focu

ses

on th

e de

sire

to h

ighl

ight

the

exist

ence

of a

div

erse

gam

ut o

f pos

sible

influ

ence

s an

d th

e re

spon

ses

they

hav

eel

icite

d in

pra

ctic

e.

http

://w

ww

.ivir.

nl/p

ublic

atio

ns/

mcg

onag

le/F

illin

gthe

fram

e-co

mm

enta

ry.p

df

314

TAB

LE

9In

form

atio

n C

omm

unic

atio

n Te

chno

logy

(IC

Ts)

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2005

Expe

rienc

ing

Tech

nica

lD

iffic

ultie

s: Th

eU

rgen

t Nee

d to

Rew

ire a

ndR

eboo

t the

ICT-

Dev

elop

men

tM

achi

ne

Am

y W

est a

ndJo

hn B

arke

r

Art

icle

19

Rep

ort e

xam

ines

the

dang

ers

of a

ssum

ing

that

info

rmat

ion

and

com

mun

icat

ion

tech

nolo

gies

brin

g de

velo

pmen

t, cr

itica

lin

form

atio

n, a

nd p

artic

ipat

ion

to a

ll se

ctor

s of

soc

iety

. It s

eeks

to in

form

the

inte

rnat

iona

l deb

ate

on r

ealis

tic, m

eani

ngfu

lac

tion

to s

usta

in d

evel

opm

ent a

nd d

evel

opm

ent r

efor

m.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/ict

-wsis

-repo

rt-

on-d

evel

opm

ent.p

df

Glo

bal

2004

Inte

rven

ing

inG

loba

l IC

TG

over

nanc

e

Stev

e Bu

ckle

y

Soci

al S

cien

ceR

esea

rch

Cou

ncil

Wor

king

pap

er e

xam

ines

the

hypo

thes

is th

at g

loba

l gov

erna

nce

stru

ctur

es c

onst

rain

ICT-

enab

led

netw

orki

ng b

y gl

obal

civ

ilso

ciet

y.

http

://p

rogr

ams.s

src.

org/

itic/

publ

icat

ions

/kno

wle

dge_

repo

rt/

mem

os/b

uckl

eym

emo.

pdf

Glo

bal

2004

Info

rmat

ion

and

Com

mun

icat

ion

Tech

nolo

gies

and

Broa

d-Ba

sed

Dev

elop

men

t: A

Parti

al R

evie

w o

fth

e Ev

iden

ce

Jere

my

Gra

ce,

Cha

rles

Ken

ny,

Chr

istin

e Z

hen-

Wei

Qia

ng (

with

Jia L

iu a

ndTa

ylor

Rey

nold

s)

Wor

king

pap

er s

tate

s th

at IC

Ts o

ffer

deve

lopi

ng a

reas

oppo

rtun

ities

to r

aise

indi

vidu

al in

com

e le

vels,

impr

ove

regi

onal

and

natio

nal e

cono

mic

gro

wth

rat

es, i

mpr

ove

regi

onal

and

larg

e-sc

ale

envi

ronm

enta

l con

ditio

ns, s

prea

d re

gion

aled

ucat

iona

l pro

gram

s, im

prov

e he

alth

car

e, a

nd im

prov

e th

eef

ficac

y of

gov

ernm

enta

l reg

imes

. It s

eeks

to d

emon

stra

te th

atIC

Ts a

re im

port

ant t

o th

e pr

oces

s of

dev

elop

men

t by:

1)

Shar

ing

know

ledg

e; 2

) In

crea

sing

Prod

uctiv

ity; 3

) O

verc

omin

gG

eogr

aphy

; and

4)

Con

trib

utin

g to

Ope

nnes

s, su

ch a

sin

crea

sed

gove

rnm

enta

l, co

rpor

ate,

and

oth

er in

stitu

tiona

ltr

ansp

aren

cy. T

he w

orki

ng p

aper

con

cede

s th

at th

ese

four

are

asge

nera

lly g

loss

ove

r co

mpl

ex a

naly

ses,

and

stre

sses

that

com

pilin

g da

ta o

n ho

w IC

Ts p

reci

sely

con

trib

ute

to n

atio

nal

http

://w

ww

.wds

.wor

ldba

nk.

org/

serv

let/

WD

SCon

tent

Serv

er/

WD

SP/I

B/2

004/

03/0

2/00

0090

341_

2004

0302

0904

54/

Ren

dere

d/PD

F/27

9490

PAPE

R0

WBW

P0no

1012

.pdf

315

deve

lopm

ent,

gove

rnm

ent,

and

reso

urce

don

ors

shou

ld e

nsur

eth

at IC

T ac

cess

sim

ulta

neou

sly r

each

es a

s m

uch

of th

e ta

rget

grou

p as

pos

sible

(in

clud

ing

even

the

mos

t mar

gina

lized

mem

bers

of t

hat g

roup

) an

d th

at th

e IC

T pr

ojec

ts m

eet t

hene

eds

and

dem

ands

of t

he ta

rget

gro

up.

Glo

bal

2004

How

to B

uild

Ope

nIn

form

atio

nSo

ciet

ies:

AC

olle

ctio

n of

Best

Pra

ctic

esan

d K

now

-How

Am

y M

ahan

(edi

tor)

R

epor

t is

com

prise

d of

nin

etee

n ca

se s

tudi

es o

f kno

wle

dge-

base

d be

st p

ract

ices

in E

urop

e an

d th

e C

omm

onw

ealth

of

Inde

pend

ent S

tate

s, w

hich

dem

onst

rate

how

info

rmat

ion

com

mun

icat

ion

tech

nolo

gy c

an p

rom

ote

soci

oeco

nom

icde

velo

pmen

t and

goo

d go

vern

ance

. The

se c

ase

stud

ies

deta

ilva

rious

e-g

over

nanc

e pr

ogra

ms

and

appl

icat

ions

, suc

h as

pol

icy

form

ulat

ion,

cus

tom

s re

form

, you

th s

exua

l edu

catio

n, r

ural

depl

oym

ent o

f IC

Ts a

nd tr

aini

ng, c

ount

ry d

atab

ase

build

ing,

and

mor

e. T

hey

illus

trat

e th

e de

velo

pmen

t pot

entia

l and

tran

sfor

mat

ive

pow

er o

f IC

Ts w

hen

they

are

dep

loye

def

fect

ivel

y. T

he r

epor

t is

desig

ned

to p

rom

ote

inte

rcou

ntry

exch

ange

s of

bes

t pra

ctic

es a

nd in

nova

tive

know

ledg

e re

late

dto

ICTs

and

dev

elop

men

t.

http

://e

urop

eand

cis.u

ndp.

org/

?men

u=p_

cms/

show

&co

nten

t_id

=62

D51

851-

F203

-1E

E9-B

05EB

064C

88A

32FA

Glo

bal

2003

Info

rmat

ion

and

Com

mun

icat

ion

Tech

nolo

gies

(IC

Ts)

for

Pove

rty

Red

uctio

n?

Ric

hard

Ger

ster

and

Sonj

aZ

imm

erm

an

Disc

ussio

n pa

per

prov

ides

an

over

view

of h

ow IC

Tap

plic

atio

ns, i

nclu

ding

rad

io, t

he In

tern

et, a

nd m

ore,

figu

re in

toec

onom

ic g

row

th s

trat

egie

s in

dev

elop

ing

coun

trie

s. It

disc

usse

sth

e im

pact

of p

artic

ular

ICTs

on

pove

rty,

as

wel

l as

limita

tions

and

chal

leng

es.

http

://1

62.2

3.39

.120

/dez

aweb

/re

ssou

rces

/res

ourc

e_en

_24

102.

pdf

Uni

ted

Nat

ions

Dev

elop

men

tPr

ogra

m

316

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2003

Ethn

ogra

phic

Act

ion

Res

earc

h: A

Use

r’sH

andb

ook

Dev

elop

ed to

Inno

vate

and

Res

earc

h IC

TA

pplic

atio

ns fo

rPo

vert

yEr

adic

atio

n

Jo T

acch

i, D

onSl

ater

, Gre

gH

earn

UN

ESC

O

Han

dboo

k de

mon

stra

tes

how

eth

nogr

aphi

c ac

tion

rese

arch

may

be

used

to s

tudy

the

impa

ct o

f inf

orm

atio

n an

dco

mm

unic

atio

n te

chno

logi

es (

ICTs

) on

pov

erty

alle

viat

ion.

Itfe

atur

es a

det

aile

d m

etho

dolo

gy, w

hich

mig

ht b

e ap

plie

d to

com

mun

ity r

adio

, as

wel

l as

to IC

Ts.

http

://u

nesc

odel

hi.n

ic.in

/pu

blic

atio

ns/e

ar.p

df

Glo

bal

2003

Wor

ld T

ele-

com

mun

icat

ion

Dev

elop

men

tR

epor

t 200

3:A

cces

sIn

dica

tors

for

the

Info

rmat

ion

Soci

ety

Inte

rnat

iona

lTe

leco

mm

unic

a-tio

n U

nion

Rep

ort e

xam

ines

issu

es a

ssoc

iate

d w

ith m

easu

ring

acce

ss to

info

rmat

ion

and

com

mun

icat

ion

tech

nolo

gies

and

pro

vide

s a

snap

shot

of t

he g

loba

l sta

te o

f rea

dine

ss (

as o

f 200

3) fo

r an

info

rmat

ion

soci

ety,

suc

h as

ove

rcom

ing

the

digi

tal d

ivid

e, th

eaf

ford

abili

ty a

nd u

sabi

lity

of IC

Ts, a

nd m

ore.

The

rep

ort

addi

tiona

lly e

valu

ates

how

indi

cato

rs a

nd s

tatis

tical

met

hodo

logi

es m

easu

re a

cces

s to

the

info

rmat

ion

soci

ety,

unde

rsta

ndin

g of

cou

ntry

-leve

l and

glo

bal d

evel

opm

ents

, and

how

they

hel

p po

licy

mak

ers

mak

e ce

rtai

n de

cisio

ns.

http

://w

ww

.itu.

int/

ITU

-D

/ict

/pub

licat

ions

/wtd

r_03

/in

dex.

htm

l

Glo

bal

2002

The

Sign

ifica

nce

of In

form

atio

nan

dC

omm

unic

atio

nTe

chno

logi

esfo

r R

educ

ing

Pove

rty

Phil

Mar

ker,

Ker

ryM

cNam

ara,

and

Lind

say

Wal

lace

Dep

artm

ent f

orIn

tern

atio

nal

Dev

elop

men

t(D

FID

)

Stud

y pr

ovid

es a

n ov

ervi

ew o

f prin

cipl

es u

nder

lyin

g a

prop

osed

appr

oach

to in

form

atio

n an

d co

mm

unic

atio

n te

chno

logi

es(I

CTs

) an

d de

velo

pmen

t, an

d pr

ovid

es r

ecom

men

datio

ns to

DFI

D, t

o as

sist i

n pr

iorit

izin

g ap

proa

ches

to th

e ro

le o

f IC

Ts in

com

batin

g po

vert

y an

d fo

ster

ing

sust

aina

ble

deve

lopm

ent.

The

stud

y co

nclu

des

that

add

ress

ing

the

info

rmat

ion

and

com

mun

icat

ion

need

s of

the

poor

and

cre

atin

g in

form

atio

n-ric

hso

ciet

ies

are

esse

ntia

l par

ts o

f effo

rts

to ta

ckle

pov

erty

. It w

arns

http

://w

ww

.dfid

.gov

.uk/

pubs

/fil

es/i

ctpo

vert

y.pd

f

(for

pur

chas

e)

317

that

acc

ess

to IC

Ts s

houl

d no

t be

seen

as

an e

nd in

itse

lf an

dth

at s

ucce

ss s

houl

d be

mea

sure

d in

term

s of

rem

aini

ng p

rogr

ess

tow

ard

reac

hing

the

Inte

rnat

iona

l Dev

elop

men

t Tar

gets

, rat

her

than

brid

ging

the

digi

tal d

ivid

e.

Glo

bal

1982

Tow

ard

a N

ewW

orld

Info

rmat

ion

Ord

er

M. D

. Mar

ris(e

dito

r)Jo

urna

l pre

sent

s th

e fo

llow

ing

pers

pect

ives

on

the

inte

rnat

iona

lin

form

atio

n or

der:

1) P

olish

per

spec

tives

on

the

new

info

rmat

ion

orde

r; 2)

the

med

ia-g

over

nmen

t rel

atio

nshi

p in

Paki

stan

from

the

colo

nial

per

iod

to th

e 19

80s

to a

naly

ze th

epr

oble

m o

f mas

s m

edia

dev

elop

men

t in

deve

lopi

ng c

ount

ries;

3) s

ugge

stio

ns o

n ho

w to

enh

ance

jour

nalis

m in

the

Uni

ted

Stat

es r

elat

ing

to r

epor

ting

inte

rnat

iona

l iss

ues;

4) p

ersp

ectiv

eson

gov

ernm

ent c

ontr

ol o

f the

pre

ss a

nd r

estr

ictio

ns o

n th

e fr

eeflo

w o

f inf

orm

atio

n; 5

) the

rol

e of

UN

ESC

O in

the

inte

rnat

iona

lin

form

atio

n or

der

deba

te; 6

) an

exam

inat

ion

of m

easu

rabl

ein

dice

s of

imba

lanc

es in

the

flow

of n

ews

and

relia

bilit

y of

inte

rnat

iona

l inf

orm

atio

n; a

nd 7

) an

exam

inat

ion

of th

e ro

le o

fW

este

rn n

ews

agen

cies

in th

e in

tern

atio

nal c

omm

unity

.

Afr

ica

2005

Tow

ard

anA

fric

an E

-Inde

x:H

ouse

hold

and

Indi

vidu

al IC

TA

cces

s an

dU

sage

Acr

oss

10 A

fric

anC

ount

ries

Alis

on G

illw

ald

(edi

tor)

The

Can

adia

nIn

tern

atio

nal

Res

earc

h an

dD

evel

opm

ent

Cen

tre,

with

Wits

Uni

vers

itySc

hool

of P

ublic

and

Dev

elop

men

tM

anag

emen

t

Rep

ort c

ompi

les

data

des

igne

d to

info

rm IC

T po

licy

and

regu

lato

ry r

esea

rch

capa

city

in A

fric

a to

enh

ance

gov

erna

nce

and

to p

rom

ote

Afr

ican

opp

ortu

nitie

s pr

esen

ted

by th

ein

form

atio

n ag

e.

http

://w

ww

.rese

arch

icta

fric

a.ne

t/im

ages

/upl

oad/

Tow

ard2

.pdf

318

Egyp

t20

05Ta

king

the

E-Tr

ain:

The

Dev

elop

men

tof

the

Inte

rnet

in E

gypt

R. A

. Abd

ulla

Art

icle

exa

min

es th

e de

velo

pmen

t of b

road

cast

med

iate

chno

logi

es, p

artic

ular

ly th

e In

tern

et, i

n Eg

ypt a

nd p

rovi

des

anov

ervi

ew o

f onl

ine

conn

ectiv

ity, c

onte

nt, a

nd th

eir

Ara

biza

tion

inth

e co

untr

y. It

sug

gest

s th

at E

gypt

has

the

pote

ntia

l to

use

ICTs

tobe

com

e a

lead

er in

the

dem

ocra

tizat

ion

of c

omm

unic

atio

n an

dst

reng

then

ing

of c

ivil

soci

ety

in th

e A

rab

wor

ld.

http

://g

mc.

sage

pub.

com

/cgi

/co

nten

t/ab

stra

ct/1

/2/1

49

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

(for

pur

chas

e)

319

TAB

LE

10A

sses

sing

and

Mea

surin

g th

e Im

pact

of

Info

rmat

ion

Com

mun

icat

ion

Tech

nolo

gy (

ICTs

)

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2005

Inno

vatio

n an

dIn

vest

men

t:In

form

atio

n an

dC

omm

unic

atio

nTe

chno

logi

esan

d th

eM

illen

nium

Dev

elop

men

tG

oals

Rep

ort

Prep

ared

for

the

Uni

ted

Nat

ions

ICT

Task

For

cein

Sup

port

of

the

Scie

nce,

Tech

nolo

gy &

Inno

vatio

n Ta

skFo

rce

of th

eU

nite

d N

atio

nsM

illen

nium

Proj

ect

Uni

ted

Nat

ions

ICT

Task

For

ceR

epor

t exp

lore

s w

ays

in w

hich

ICTs

mig

ht p

ositi

vely

fost

erde

velo

pmen

t goa

ls. It

spe

cific

ally

sug

gest

s th

at fi

ve a

reas

mus

tbe

add

ress

ed fo

r th

e fu

ll an

d ef

fect

ive

mai

nstr

eam

ing

of IC

Ts in

mee

ting

the

MD

Gs:

1) E

vide

nce

of Im

pact

; 2)

Polic

yD

evel

opm

ent;

3) R

esou

rce

Mob

iliza

tion;

4)

Glo

bal A

llian

ce fo

rIC

T an

d D

evel

opm

ent;

and

5) G

loba

l Cam

paig

n an

d In

itiat

ives

.Th

e re

port

furt

her

sugg

est t

hat I

CTs

sho

uld

prom

ote

deve

lopm

ent i

mpa

cts;

inte

grat

ion

and

prio

ritiz

atio

n w

ithin

natio

nal d

evel

opm

ent,

and

pove

rty

redu

ctio

n pr

ogra

ms

and

stra

tegi

es; p

olic

y re

alig

nmen

t on

basic

infr

astr

uctu

rede

ploy

men

t; im

prov

ed g

over

nmen

t and

don

or c

oord

inat

ion

and

coop

erat

ion;

incr

ease

d pr

ivat

e se

ctor

eng

agem

ent;

and,

enha

nced

mec

hani

sms

for

reso

urce

mob

iliza

tion.

http

://w

ww

.uni

ctta

skfo

rce.

org/

perl/

docu

men

ts.p

l?id

=15

19

Glo

bal

2005

Fram

ewor

k fo

rth

e A

sses

smen

tof

ICT

Pilo

tPr

ojec

ts: B

eyon

dM

onito

ring

and

Eval

uatio

n to

S. B

atch

elor

and

P. N

orris

h(e

dito

rs)

Info

Dev

Han

dboo

k re

view

s th

e ex

perie

nces

of i

nfoD

ev in

sup

port

ing

and

asse

ssin

g th

e ef

fect

iven

ess

of in

form

atio

n an

dco

mm

unic

atio

n te

chno

logy

(IC

T) p

ilot p

roje

cts

in d

evel

opin

gco

untr

ies.

It pr

ovid

es g

uida

nce

on d

esig

ning

effe

ctiv

em

onito

ring

and

eval

uatio

n (M

&E)

com

pone

nts

of IC

T pi

lot

proj

ects

, and

exp

lain

s ho

w to

go

beyo

nd tr

aditi

onal

M&

E to

http

://w

ww

.info

dev.

org/

en/

Doc

umen

t.4.a

spx

320

App

lied

Res

earc

hde

velo

p m

ore

forw

ard-

look

ing

evid

ence

of t

he p

oten

tial

broa

der

impa

ct o

f pilo

t pro

ject

s on

a la

rger

sca

le. T

heap

proa

ches

in th

e ha

ndbo

ok m

ight

be

used

to a

sses

s im

pact

s of

com

mun

ity r

adio

sta

tions

.

Glo

bal

2005

Gen

der

Eval

uatio

nM

etho

dolo

gyfo

r In

tern

et a

ndIC

Ts: A

Lear

ning

Too

lfo

r C

hang

e an

dEm

pow

erm

ent

Cha

t Gar

cia

Ram

ilo a

ndC

heek

ay C

inco

Ass

ocia

tion

for

Prog

ress

ive

Com

mun

icat

ions

(APC

)

Eval

uatio

n m

odel

exa

min

es th

e re

latio

nshi

p be

twee

n IC

Tin

itiat

ives

and

the

conc

ept o

f the

“se

lf” a

nd h

ow it

mig

htfa

cilit

ate

soci

al c

hang

e, in

clud

ing

the

way

in w

hich

indi

vidu

als,

orga

niza

tions

, and

com

mun

ities

ope

rate

. The

mod

el h

asim

plic

atio

ns b

eyon

d ge

nder

eva

luat

ion

in th

e IC

T co

ntex

t.

ww

w.a

pcw

omen

.org

/gem

/

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2005

Mon

itorin

g an

dEv

alua

tion

of

ICT

in E

duca

tion

Proj

ects

:H

andb

ook

for

Dev

elop

ing

Cou

ntrie

s

Dan

iel A

.W

agne

r, Bo

bD

ay, T

ina

Jam

es,

Rob

ert B

.K

ozm

a, Jo

nath

anM

iller

, and

Tim

Unw

in

Info

Dev

Han

dboo

k (d

esig

ned

for

polic

y m

aker

s) e

xam

ines

how

tom

easu

re th

e im

pact

of i

nfor

mat

ion

and

com

mun

icat

ion

tech

nolo

gies

(IC

Ts)

on s

tude

nt a

chie

vem

ent i

n de

velo

ping

coun

trie

s. It

also

pro

vide

s ge

nera

l inf

orm

atio

n ab

out w

hy IC

Tsar

e us

eful

mec

hani

sms

to in

trod

uce

and

sust

ain

educ

atio

nre

form

.

http

://w

ww

.info

dev.

org/

en/

Doc

umen

t.9.a

spx

Glo

bal

2003

Dev

elop

ing

and

Usin

g In

dica

tors

of IC

T U

se in

Educ

atio

n

UN

ESC

O, A

sia,

and

Paci

ficR

egio

nal B

urea

ufo

r Ed

ucat

ion

Book

let e

xpla

ins

how

to id

entif

y in

dica

tors

to a

sses

s im

pact

s of

info

rmat

ion

com

mun

icat

ion

tech

nolo

gy (

ICTs

) on

edu

catio

n.Th

e m

etho

dolo

gy p

inpo

ints

use

ful a

ppro

ache

s to

iden

tifyi

ngin

dica

tors

.

http

://p

orta

l.une

sco.

org/

ci/e

n/ev

.php

-UR

L_ID

= 1

2438

&U

RL_

DO

=D

O_T

OPI

C&

UR

L_SE

CTI

ON

=20

1.ht

ml

Glo

bal

2002

Ass

essin

g th

eIm

pact

of

Tech

nolo

gy in

Jero

me

John

ston

,an

d Li

nda

Tom

sBa

rker

(ed

itors

)

Sour

cebo

ok p

rovi

des

an o

verv

iew

of h

ow th

e im

pact

of

tech

nolo

gy o

n ed

ucat

ion

mig

ht b

e m

easu

red.

It s

peci

fical

lyex

amin

es le

arne

r ou

tcom

es, t

each

er o

utco

mes

, and

tech

nolo

gy

http

://w

ww

.rcgd

.isr.u

mic

h.e

du/t

lt/Te

chSb

k.pd

f

321

Teac

hing

and

Lear

ning

: ASo

urce

book

for

Eval

uato

rs

Inst

itute

for

Soci

al R

esea

rch

at th

e U

nive

rsity

of M

ichi

gan

inte

grat

ion.

Thi

s so

urce

book

is v

alua

ble

beca

use

it m

ight

be

appl

ied

to e

valu

ate

impa

cts

of c

omm

unity

rad

io s

tatio

ns.

Glo

bal

1994

La V

ida

Cot

idia

na: F

uent

ede

Pro

ducc

ión

Rad

iofó

nica

UN

DA

-AL

Dan

iel P

rieto

Cas

tillo

Han

dboo

k ex

amin

es th

e im

pact

of d

istan

ce e

duca

tion

thro

ugh

radi

o. It

pro

vide

s a

valu

able

ana

lysis

of t

he e

ffect

of s

outh

-sou

thco

oper

atio

n an

d em

pow

erm

ent,

as w

ell a

s th

e im

port

ance

of

stre

ngth

enin

g co

mm

unity

voi

ces.

Glo

bal

1993

Mea

surin

g th

eIm

pact

of

Info

rmat

ion

onD

evel

opm

ent

Mic

hel J

. Men

ou,

(edi

tor)

Inte

rnat

iona

lD

evel

opm

ent

Res

earc

h C

entr

e(I

DR

C)

Book

exa

min

es h

ow in

form

atio

n se

rvic

es im

pact

com

mun

ityem

pow

erm

ent a

nd g

over

nanc

e. It

pro

vide

s a

usef

ulm

etho

dolo

gy fo

r cr

eatin

g in

dica

tors

and

dev

ising

ass

essm

ent

met

hods

.

http

://w

ww

.idrc

.ca/

open

eboo

ks/

708-

6/

Moz

ambi

que

2005

Ass

essin

gC

omm

unity

Cha

nge:

Dev

elop

men

tof

a “

Bare

Foo

t”Im

pact

Ass

essm

ent

Met

hodo

logy

Birg

itte

Jallo

v

UN

ESC

O/

UN

DP

Moz

ambi

que

Med

iaD

evel

opm

ent

Proj

ect

Wor

king

pap

er p

rovi

des

an im

pact

ass

essm

ent m

etho

dolo

gyth

at w

as d

esig

ned,

test

ed, a

nd im

plem

ente

d w

ith e

ight

com

mun

ity-o

wne

d st

atio

ns in

Moz

ambi

que

betw

een

2000

and

2005

. It e

xam

ines

how

the

met

hodo

logy

pro

mot

ed a

ctiv

ein

volv

emen

t of c

omm

uniti

es, a

nd to

ens

ure

that

vol

unte

erco

mm

unity

rad

io p

rodu

cers

wou

ld b

e ab

le to

sus

tain

asse

ssm

ents

follo

win

g th

e co

nclu

sion

of th

e pr

ojec

t. Th

em

etho

dolo

gy in

clud

es th

e fo

llow

ing

com

pone

nts:

1) a

n in

tern

alas

sess

men

t of h

ow c

omm

unity

rad

io fu

nctio

ned

in e

ach

stat

ion;

2) a

n as

sess

men

t of t

he s

tatio

n pr

oduc

ers’

prog

ram

cap

acity

tom

eet t

he n

eeds

and

des

ires

of th

e co

mm

unity

; and

3)

anas

sess

men

t of t

he im

pact

of t

he c

omm

unity

rad

io o

n po

sitiv

ede

velo

pmen

t cha

nges

with

in e

ach

com

mun

ity.

http

://w

ww

.com

min

it.co

m/

pdf/

Impa

ctA

sses

smen

t-Fin

alR

adio

Jour

nalV

ersio

n.pd

f

322

TAB

LE

11Im

pact

Ass

essm

ents

, Mon

itorin

g, a

nd E

valu

atio

n (G

ener

al)

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2006

Perc

eptio

ns a

ndPr

actic

e: A

nA

ntho

logy

of

Impa

ctA

sses

smen

tEx

perie

nces

Kay

Say

ce w

ithPa

tric

ia N

orris

h

Tech

nica

l Cen

tre

for

Agr

icul

tura

lan

d R

ural

Coo

pera

tion

(AC

P–EU

)

Ant

holo

gy p

rovi

des

elev

en c

ase

stud

ies

(in s

tory

form

) on

impa

ct a

sses

smen

t fro

m A

sia, S

outh

Pac

ific,

Afr

ica,

and

Lat

inA

mer

ican

cou

ntrie

s. Th

e an

thol

ogy’

s m

etho

dolo

gy is

incl

uded

in th

e an

nexe

s.

http

://w

ww

.ana

ncy.

net/

uplo

ads/

file_

en/i

mpa

ct%

20as

sess

men

t.pdf

Glo

bal

2006

Mon

itorin

g &

Eval

uatio

n

Cap

acity

.org

,Is

sue

29, S

ept.

2006

Zen

da O

fir(e

dito

r)O

nlin

e m

agaz

ine

(Cap

acity

.org

) pr

ovid

es a

n ov

ervi

ew o

f res

ults

-ba

sed

mon

itorin

g an

d pa

rtic

ipat

ory

eval

uatio

n, in

clud

ing

the

obse

rvat

ion

of c

hang

es o

ver

long

per

iods

of t

ime,

and

reco

mm

enda

tions

on

how

to in

nova

te in

mon

itorin

g an

dev

alua

tion,

with

par

ticul

ar r

egar

d to

con

trib

utin

g to

cap

acity

build

ing.

The

onl

ine

mag

azin

e in

clud

es a

rtic

les

by p

ract

ition

ers

who

hav

e de

velo

ped

inno

vativ

e, e

ffect

ive

mon

itorin

g an

dev

alua

tion

met

hods

and

exp

lain

s ho

w th

ey h

ave

used

them

inpr

actic

e.

http

://w

ww

.cap

acity

.org

/en/

cont

ent/

dow

nloa

d/57

69/

9794

8/fil

e/EB

R+

07-2

9_EN

GLI

SH-o

pmaa

K+

FIN

AL_

11_S

eptlo

wre

s.pdf

Glo

bal

2005

Mon

itorin

g an

dIn

dica

tors

for

Com

mun

icat

ion

for

Dev

elop

men

t

Dan

ishIn

tern

atio

nal

Dev

elop

men

tA

ssist

ance

(DA

NID

A)

Rep

ort e

xam

ines

how

str

ateg

ic c

omm

unic

atio

n (s

uch

as c

ross

-cu

ltura

l dia

logu

e an

d kn

owle

dge

shar

ing)

pro

mot

esde

velo

pmen

t. It

addi

tiona

lly p

rovi

des

gene

ral g

uide

lines

tocr

eate

indi

cato

rs to

mea

sure

the

role

of s

trat

egic

com

mun

icat

ion

for

deve

lopm

ent.

http

://w

ebzo

ne.k

3.m

ah.se

/pr

ojec

ts/c

omde

v/_

com

dev_

PDF_

doc/

Dan

ida_

Com

Dev

t.pdf

Glo

bal

2005

Who

Mea

sure

sC

hang

e?W

ill P

arks

(edi

tor)

R

epor

t pro

vide

s a

step

-by-

step

ove

rvie

w o

f how

to e

stab

lish

apa

rtic

ipat

ory

mon

itorin

g an

d ev

alua

tion

(PM

&E)

pro

cess

tom

easu

re p

roce

ss a

nd o

utco

mes

of c

omm

unity

-bas

ed

http

://w

ww

.cfs

c.or

g/pd

f/w

ho_

mea

sure

s_ch

ange

.pdf

ht

tp:/

/ww

w.c

fsc.

org/

pdf/

323

Glo

bal

2003

Adv

ocac

yIm

pact

Ass

essm

ent

Gui

delin

es

Meg

an L

loyd

Lane

y

Com

mun

icat

ions

and

Info

rmat

ion

Man

agem

ent

Res

ourc

e C

ente

r

Pape

r pr

ovid

es g

uide

lines

to N

GO

s to

ass

ess

the

impa

ct o

fm

easu

rabl

e ad

voca

cy o

bjec

tives

on

pove

rty

alle

viat

ion.

Thi

sin

clud

es c

reat

ing

and

adhe

ring

to “

mile

ston

es,”

or in

dica

tors

that

mea

sure

whe

n an

d ho

w o

bjec

tives

are

ach

ieve

d. T

he p

aper

also

disc

usse

s di

ffere

nt ty

pes

of a

dvoc

acy

impa

cts,

such

as

part

icip

ator

y pl

anni

ng, m

onito

ring,

and

eva

luat

ion.

http

://w

ww

.cim

rc.in

fo/p

df/

new

s/Im

pact

asse

ss.p

df

Glo

bal

2003

Eval

uatin

gC

apac

ityD

evel

opm

ent—

Expe

rienc

esfr

om R

esea

rch

and

Dev

elop

men

tO

rgan

izat

ions

arou

nd th

eW

orld

Dou

glas

Hor

ton,

et a

l.

Inte

rnat

iona

lSe

rvic

e fo

rN

atio

nal

Agr

icul

tura

lR

esea

rch

(ISN

AR

), th

eN

ethe

rland

s;In

tern

atio

nal

Dev

elop

men

tR

esea

rch

Cen

tre

(ID

RC

), C

anad

a;an

d A

CP-

EUTe

chni

cal C

entr

efo

r A

gric

ultu

ral

and

Rur

alC

oope

ratio

n(C

TA)

Book

out

lines

app

roac

hes

and

met

hods

for

eval

uatin

gor

gani

zatio

nal c

apac

ity d

evel

opm

ent e

ffort

s. It

is w

ritte

n fo

rm

anag

ers

and

eval

uato

rs in

res

earc

h an

d de

velo

pmen

tor

gani

zatio

ns (

incl

udin

g go

vern

men

t or

inte

rnat

iona

l age

ncie

sth

at s

uppo

rt th

em),

inte

rnat

iona

l dev

elop

men

t age

ncie

s,m

anag

emen

t dev

elop

men

t ins

titut

es, a

nd e

duca

tiona

lin

stitu

tions

.

http

://w

ww

.idrc

.ca/

open

eboo

ks/1

11-6

/

Com

mun

icat

ion

for S

ocia

l Cha

nge

Con

sorti

um

com

mun

icat

ion

prog

ram

s. Th

e m

etho

dolo

gy m

ay b

e ap

plie

d to

com

mun

ity r

adio

eva

luat

ions

of i

mpa

ct.

mea

surin

g_ch

ange

.pdf

ht

tp:/

/ w

ww

.cfs

c.or

g/pd

f/co

mm

uniti

es_m

easu

re_c

hang

e.p

df

324

Glo

bal

2002

Part

icip

atio

n,R

elat

ions

hips

and

Dyn

amic

Cha

nge:

New

Thin

king

on

Eval

uatin

g th

eW

ork

ofIn

tern

atio

nal

Net

wor

ks

Mad

elin

eC

hurc

h (e

dito

r)et

al.

Dev

elop

men

tPl

anni

ng U

nit,

Uni

vers

ityC

olle

ge, L

ondo

n

Rep

ort e

xam

ines

cha

lleng

es fa

ced

by in

tern

atio

nal n

etw

orks

,w

ith p

artic

ular

reg

ard

to m

onito

ring

and

eval

uatio

n. T

here

port

’s m

etho

dolo

gy is

pro

vide

d in

Sec

tion

One

, and

Sec

tion

Four

exa

min

es p

artic

ipat

ion,

mon

itorin

g, a

nd e

valu

atio

n. T

here

port

’s an

alys

is m

ight

pro

vide

gui

danc

e on

eva

luat

ing

the

impa

ct o

f com

mun

ity r

adio

net

wor

ks.

http

://n

etw

orke

dlea

rnin

g.nc

sl.or

g.uk

/kno

wle

dge-

base

/res

earc

h-pa

pers

/pa

rtic

ipat

ion-

rela

tions

hips

-and

-dy

nam

ic-c

hang

e-m

adel

ine-

chur

ch-2

002.

pdf

Glo

bal

1998

Kno

wle

dge

Shar

ed:

Part

icip

ator

yEv

alua

tion

inD

evel

opm

ent

Coo

pera

tion

Edw

ard

T.Ja

ckso

n an

dY

usuf

Kas

sam

(edi

tors

) ID

RC

Kum

aria

n Pr

ess

Book

pro

vide

s se

vera

l art

icle

s th

at e

xplo

re c

ritic

al th

emes

inkn

owle

dge

shar

ing

in d

evel

opm

ent c

oope

ratio

n, in

clud

ing

ethi

cs, d

evel

opm

ent s

trat

egie

s, ca

se s

tudi

es, a

nd m

ore.

http

://w

ww

.idrc

.ca/

open

eboo

ks/

868-

6/

Glo

bal

1998

Dev

elop

men

tR

esea

rch

Impa

ct:

REA

CH

Cer

stin

San

der

IDR

C

Pape

r as

sess

es a

ccou

ntab

ility

and

the

impa

ct o

f out

reac

h in

deve

lopm

ent r

esea

rch.

The

pap

er a

lso in

trod

uces

“re

ach”

(incl

udin

g fa

ctor

s th

at fa

cilit

ate

or in

hibi

t it)

as

an im

pact

of

deve

lopm

ent r

esea

rch.

“R

each

” pr

ovid

es p

erfo

rman

ce fe

edba

ckto

sta

keho

lder

s, w

hich

dem

onst

rate

s a

real

istic

app

raisa

l of

circ

umst

ance

s on

the

grou

nd, a

nd c

an h

elp

to id

entif

y po

ssib

leso

lutio

ns.

http

://w

ww

.idrc

.ca/

uplo

ads/

user

-S/1

0504

2824

50re

ach_

e.pd

f

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

325

Glo

bal

1981

Pove

rty

and

Fam

ines

: An

Essa

y on

Entit

lem

ent a

ndD

epriv

atio

n

Am

arty

a Se

nBo

ok e

xam

ines

cau

satio

n co

ncer

ning

sta

rvat

ion

in g

ener

al, a

ndof

fam

ines

in p

artic

ular

. It d

emon

stra

tes

that

trad

ition

al fa

min

ean

alys

es, w

hich

focu

s on

food

sup

ply,

are

theo

retic

ally

def

ectiv

ean

d m

islea

ding

, and

dev

elop

s an

alte

rnat

ive

anal

ysis

that

focu

ses

on o

wne

rshi

p an

d ex

chan

ge, w

hich

he

desig

nate

s th

e“‘e

ntitl

emen

t app

roac

h.”

The

book

app

lies

the

“‘ent

itlem

ent

appr

oach

” to

a s

erie

s of

cas

e st

udie

s of

rel

ativ

ely

rece

nt fa

min

es,

incl

udin

g th

e G

reat

Ben

gal F

amin

e (1

943)

, Eth

iopi

an fa

min

es(1

973

and

1974

), Ba

ngla

desh

fam

ine

(197

4), a

nd fa

min

es in

the

Sahe

l cou

ntrie

s in

Afr

ica

(dur

ing

the

1970

s). T

he b

ook

addi

tiona

lly a

naly

zes

the

char

acte

rizat

ion

and

mea

sure

men

t of

pove

rty

usin

g ec

onom

ics,

soci

olog

y, a

nd p

oliti

cal t

heor

y.

http

://w

ww

.que

stia

.com

/PM

.qst

?a=

o&d=

8519

0755

326

Glo

bal

2000

Mill

enni

umD

evel

opm

ent

Goa

ls

Uni

ted

Nat

ions

Eigh

t goa

ls de

taile

d in

the

Uni

ted

Nat

ions

Mill

enni

umD

ecla

ratio

n, in

whi

ch 1

91 U

nite

d N

atio

ns m

embe

r st

ates

com

mit

to th

e fo

llow

ing

by 2

015:

1)

Erad

icat

ion

of e

xtre

me

hung

er a

nd p

over

ty (

halv

e nu

mbe

rs o

f peo

ple

who

suf

fer

from

hung

er a

nd in

crea

se fo

od a

vaila

ble

to th

e hu

ngry

); 2)

Ach

ieve

univ

ersa

l prim

ary

educ

atio

n (u

nive

rsal

full

cour

ses

of p

rimar

ysc

hool

ing)

; 3)

Prom

otio

n of

gen

der

equa

lity

and

empo

wer

men

tof

wom

en (

by e

limin

atin

g ge

nder

disp

ariti

es in

prim

ary

and

seco

ndar

y ed

ucat

ion)

; 4)

Red

uctio

n of

chi

ld m

orta

lity

(of

child

ren

unde

r 5)

by

two-

third

s; 5)

Impr

ove

mat

erna

l hea

lth(r

educ

e th

e m

ater

nal m

orta

lity

ratio

by

thre

e-qu

arte

rs);

6)C

omba

t HIV

/AID

S, m

alar

ia, a

nd o

ther

dise

ases

(ha

lt an

d be

gin

to r

ever

se th

e sp

read

of H

IV/A

IDS

and

othe

r di

seas

es);

7)En

sure

env

ironm

enta

l sus

tain

abili

ty (

inte

grat

e su

stai

nabl

ede

velo

pmen

t pro

visio

ns in

to n

atio

nal p

olic

ies

and

prog

ram

s,ha

lve

the

num

ber

of p

eopl

e w

ithou

t sus

tain

able

acc

ess

to s

afe

drin

king

wat

er, a

nd a

chie

ve s

igni

fican

t im

prov

emen

t in

lives

of

at le

ast 1

00 m

illio

n slu

m d

wel

lers

); an

d 8)

Dev

elop

a g

loba

lpa

rtne

rshi

p fo

r de

velo

pmen

t (in

clud

es th

e ca

ncel

latio

n of

deb

tsin

curr

ed b

y ce

rtai

n de

velo

ping

cou

ntrie

s, of

ferin

g m

ore

gene

rous

offi

cial

dev

elop

men

t ass

istan

ce, t

he d

evel

opm

ent o

fw

ork

for

yout

h, p

rom

ote

acce

ss b

y de

velo

ping

cou

ntrie

s to

affo

rdab

le e

ssen

tial d

rugs

, and

incr

ease

the

avai

labi

lity

of th

ebe

nefit

s of

new

tech

nolo

gies

, par

ticul

arly

ICTs

with

the

deve

lopi

ng w

orld

).

http

://w

ww

.un.

org/

mill

enni

umgo

als/

TAB

LE

12In

tern

atio

nal D

ecla

ratio

ns o

n D

evel

opm

ent

and

Free

dom

s of

Exp

ress

ions

, C

omm

unic

atio

ns, a

nd t

he P

ress

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

327

Glo

bal

1993

Vie

nna

Dec

lara

tion

and

Prog

ram

of

Act

ion

Uni

ted

Nat

ions

Dec

lara

tion

of h

uman

rig

hts,

adop

ted

by th

e W

orld

Con

fere

nce

on H

uman

Rig

hts

on Ju

ne 2

5, 1

993,

in V

ienn

a, A

ustr

ia. I

tin

clud

es a

pro

visio

n (A

rtic

le 3

9) c

once

rnin

g th

e rig

ht to

a fr

eean

d in

depe

nden

t med

ia.

http

://w

ww

.unh

chr.c

h/hu

ridoc

da/

hurid

oca.

nsf/

(Sym

bol)/

A.C

ON

F.1

57.2

3.En

Glo

bal

2000

Dec

lara

tion

ofPr

inci

ples

on

Free

dom

of

Expr

essio

n

Org

aniz

atio

n of

Am

eric

an S

tate

sD

ecla

ratio

n ad

opte

d by

the

Inte

r-Am

eric

an C

omm

issio

n on

Hum

an R

ight

s, w

hich

det

ails

the

hum

an r

ight

to fr

eedo

m o

fex

pres

sion,

incl

udin

g th

e rig

ht to

acc

ess

info

rmat

ion

held

by

the

stat

e (s

ubje

ct to

cer

tain

con

stra

ints

), w

hich

will

ens

ure

grea

ter

tran

spar

ency

and

acc

ount

abili

ty o

f gov

ernm

enta

l act

iviti

es a

ndth

e st

reng

then

ing

of d

emoc

ratic

inst

itutio

ns.

http

://w

ww

.cid

h.oa

s.org

/de

clar

atio

n.ht

m

Glo

bal

1991

UN

ESC

OD

ecla

ratio

n of

Win

dhoe

k

UN

ESC

OD

ecla

ratio

n is

a co

llect

ion

of p

ress

free

dom

prin

cipl

es a

ssem

bled

by A

fric

an n

ewsp

aper

jour

nalis

ts. I

t fol

low

s an

ana

lysis

of

prob

lem

s as

soci

ated

with

Afr

ican

prin

t med

ia, i

nclu

ding

inst

ance

s of

intim

idat

ion,

impr

isonm

ent,

and

cens

orsh

ip a

cros

sA

fric

a. T

he d

ocum

ent w

as p

rodu

ced

at a

UN

ESC

O s

emin

aren

title

d “P

rom

otin

g an

Inde

pend

ent a

nd P

lura

listic

Afr

ican

Pres

s,” h

eld

in W

indh

oek,

Nam

ibia

, in

1991

and

was

ther

eafte

ren

dors

ed b

y th

e U

NES

CO

Gen

eral

Con

fere

nce.

The

decl

arat

ion

calls

for

free

, ind

epen

dent

, and

plu

ralis

tic m

edia

thro

ugho

ut th

e w

orld

and

sta

tes

that

a c

orre

latio

n ex

ists

betw

een

a fu

lly in

depe

nden

t pre

ss a

nd a

suc

cess

ful p

artic

ipat

ory

dem

ocra

cy. I

t fur

ther

sta

tes

that

a fr

ee p

ress

is a

fund

amen

tal

hum

an r

ight

.

http

://w

ww

.une

sco.

org/

web

wor

ld/f

ed/t

emp/

com

mun

icat

ion_

dem

ocra

cy/

win

dhoe

k.ht

m

Glo

bal

1948

Uni

vers

alD

ecla

ratio

n on

Hum

an R

ight

s

Uni

ted

Nat

ions

Gen

eral

Ass

embl

y

Dec

lara

tion

adop

ted

by th

e U

nite

d N

atio

ns G

ener

al A

ssem

bly

on D

ecem

ber

10, 1

948,

whi

ch is

com

prise

d of

thirt

y ar

ticle

s th

atou

tline

the

UN

vie

w o

f hum

an r

ight

s gu

aran

teed

to a

ll pe

ople

. It

incl

udes

a p

rovi

sion

(Art

icle

19)

con

cern

ing

the

hum

an r

ight

tofr

eedo

m o

f exp

ress

ion

and

opin

ion

thro

ugh

any

med

ia.

http

://w

ww

.un.

org/

Ove

rvie

w/

right

s.htm

l

328

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

1948

Am

eric

anD

ecla

ratio

n of

the

Rig

hts

and

Dut

ies

of M

an

Con

fere

nce

ofA

mer

ican

Sta

tes

Dec

lara

tion

was

ado

pted

by

the

natio

ns o

f the

Am

eric

as a

t the

Nin

th In

tern

atio

nal C

onfe

renc

e of

Am

eric

an S

tate

s in

Bog

otá,

Col

ombi

a, in

194

8. T

he D

ecla

ratio

n de

tails

civ

il, p

oliti

cal,

econ

omic

, soc

ial,

and

cultu

ral r

ight

s en

joye

d by

the

citiz

ens

ofsig

nato

ry n

atio

ns, a

s w

ell a

s du

ties

assu

med

by

indi

vidu

als.

Itin

clud

es a

pro

visio

n (A

rtic

le 4

) co

ncer

ning

the

hum

an r

ight

tofr

eedo

m o

f exp

ress

ion

and

opin

ion

thro

ugh

any

med

ia.

http

://w

ww

.cid

h.oa

s.org

/Ba

sicos

/bas

ic2.

htm

Glo

bal

1789

La D

écla

ratio

nde

s D

roits

de

l’Hom

me

et d

uC

itoye

n[D

ecla

ratio

n of

the

Rig

hts

ofM

an a

nd o

f the

Citi

zen]

Ass

embl

éeN

atio

nale

Con

stitu

ante

(Fra

nce)

Dec

lara

tion

is a

fund

amen

tal d

ocum

ent o

f the

Fre

nch

Rev

olut

ion,

and

def

ines

indi

vidu

al a

nd c

olle

ctiv

e un

iver

sal

right

s. Th

e de

clar

atio

n st

ates

that

thes

e rig

hts

are

valid

at a

lltim

es a

nd p

lace

s, an

d pe

rtai

n to

hum

an n

atur

e. It

incl

udes

apr

ovisi

on (

Art

icle

11)

con

cern

ing

the

hum

an fr

eedo

m o

fco

mm

unic

atio

n of

idea

s th

roug

h sp

oken

wor

d or

prin

t med

ia.

http

://w

ww

.hrc

r.org

/doc

s/fr

ench

dec.

htm

l

329

TAB

LE

13In

tern

atio

nal C

onve

ntio

ns a

nd C

oven

ants

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Am

eric

as19

78(E

ntry

into

Forc

e)

The

Am

eric

anC

onve

ntio

n on

Hum

an R

ight

s(t

he P

act o

f San

José

)

Nat

ions

of t

heA

mer

icas

Con

vent

ion

is an

inte

rnat

iona

l hum

an r

ight

s in

stru

men

tad

opte

d by

the

natio

ns o

f the

Am

eric

as in

San

José

, Cos

ta R

ica,

in 1

969,

and

sub

sequ

ently

cam

e in

to fo

rce,

follo

win

g th

eG

rena

da r

atifi

catio

n, o

n Ju

ly 1

8, 1

978.

The

con

vent

ion

seek

s to

cons

olid

ate

a sy

stem

of p

erso

nal l

iber

ties

and

soci

al ju

stic

e,“b

ased

on

resp

ect f

or th

e es

sent

ial r

ight

s of

man

.” It

incl

udes

apr

ovisi

on (

Art

icle

13)

con

cern

ing

the

right

to fr

eedo

m o

fth

ough

t and

exp

ress

ion

thro

ugh

any

med

ia.

http

://w

ww

.cid

h.oa

s.org

/Ba

sicos

/bas

ic3.

htm

Glo

bal

1976

(Ent

ryin

tofo

rce)

The

Inte

rnat

iona

lC

oven

ant o

nC

ivil

and

Polit

ical

Rig

hts

Uni

ted

Nat

ions

Cov

enan

t is

base

d on

the

Uni

vers

al D

ecla

ratio

n of

Hum

an R

ight

s,an

d w

as c

reat

ed in

196

6 an

d su

bseq

uent

ly e

nter

ed in

to fo

rce

onM

arch

23,

197

6. It

is c

ompr

ised

of fi

fty-th

ree

artic

les

that

out

line

the

UN

vie

w o

f civ

il an

d po

litic

al ri

ghts

gua

rant

eed

to a

ll pe

ople

.It

incl

udes

a p

rovi

sion

(Arti

cle

19) c

once

rnin

g th

e hu

man

righ

t to

freed

om o

f exp

ress

ion

and

opin

ion

thro

ugh

any

med

ia.

http

://w

ww

.unh

chr.c

h/ht

ml/

men

u3/b

/a_c

cpr.h

tm

Euro

pe19

50Th

eC

onve

ntio

n fo

rth

e Pr

otec

tion

of H

uman

Rig

hts

and

Fund

amen

tal

Free

dom

s (T

heEu

rope

anC

onve

ntio

n on

Hum

an R

ight

s)

Cou

ncil

ofEu

rope

Con

vent

ion

was

ado

pted

und

er th

e au

spic

es o

f the

Cou

ncil

ofEu

rope

in 1

950

to p

rote

ct h

uman

rig

hts

and

fund

amen

tal

free

dom

s. It

incl

udes

a p

rovi

sion

(Art

icle

10)

con

cern

ing

the

right

to fr

eedo

m o

f exp

ress

ion.

http

://w

ww

.hri.

org/

docs

/EC

HR

50.h

tml

330

TAB

LE

14R

espo

nsib

ilitie

s of

Spe

cial

Rap

port

eurs

on

Free

dom

of

Expr

essi

on

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

1993

–C

urre

ntSp

ecia

lR

appo

rteu

r on

the

Prom

otio

nan

d Pr

otec

tion

of th

e R

ight

toFr

eedo

m o

fO

pini

on a

ndEx

pres

sion

Uni

ted

Nat

ions

(The

Uni

ted

Nat

ions

Com

miss

ion

onH

uman

Rig

hts)

Spec

ial R

appo

rteu

r ga

ther

s in

form

atio

n co

ncer

ning

disc

rimin

atio

n an

d/or

thre

ats

agai

nst p

erso

ns s

eeki

ng to

exer

cise

or

prom

otin

g th

e ex

erci

se o

f the

rig

ht to

free

dom

of

opin

ion

and

expr

essio

n. T

he S

peci

al R

appo

rteu

r is

char

ged

with

unde

rtak

ing

fact

-find

ing

coun

try

visit

s an

d tr

ansm

ittin

g ap

peal

san

d co

mm

unic

atio

ns to

Sta

tes

to e

ncou

rage

the

alle

viat

ion

ofco

nstr

aint

s on

the

right

to fr

eedo

m o

f opi

nion

and

exp

ress

ion.

The

Rap

port

eur

issue

s an

ann

ual r

epor

t to

the

Uni

ted

Nat

ions

Com

miss

ion

on H

uman

Rig

hts,

whi

ch d

etai

ls th

e st

ate

of p

ress

free

dom

and

free

dom

of e

xpre

ssio

n.

http

://w

ww

.ohc

hr.o

rg/e

nglis

h/iss

ues/

opin

ion/

inde

x.ht

m

Afr

ica

2004

Spec

ial

Rap

port

eur

onFr

eedo

m o

fEx

pres

sion

inA

fric

a

Afr

ican

Uni

on

(Afr

ican

Com

miss

ion

onH

uman

and

Peop

les’

Rig

hts)

Spec

ial R

appo

rteur

und

erta

kes

inve

stig

ativ

e m

issio

ns to

Afri

can

Uni

on m

embe

r sta

tes

and

othe

r ana

lyse

s of

mem

ber S

tate

com

plia

nce

with

the

Dec

lara

tion

of P

rinci

ples

on

Free

dom

of

Expr

essio

n in

Afri

ca, a

s w

ell a

s fre

edom

of e

xpre

ssio

n st

anda

rds

inge

nera

l, an

d to

adv

ise m

embe

r Sta

tes

or m

ake

publ

icin

terv

entio

ns a

ccor

ding

ly, o

r to

othe

rwise

info

rm th

e A

frica

nC

omm

issio

n of

gro

ss v

iola

tions

of t

he ri

ght t

o fre

edom

of

expr

essio

n. T

he S

peci

al R

appo

rteur

add

ition

ally

sub

mits

repo

rts a

tea

ch O

rdin

ary

Sess

ion

of th

e A

frica

n C

omm

issio

n on

the

stat

us o

fth

e en

joym

ent o

f the

righ

t to

freed

om o

f exp

ress

ion

in A

frica

.

http

://w

ww

.ach

pr.o

rg/e

nglis

h/_i

nfo/

inde

x_fr

ee_e

xp_e

n.ht

ml

331

Stat

es19

97Sp

ecia

lR

appo

rteur

on

Free

dom

of

Expr

essio

n of

the

Org

aniz

atio

nof

Am

eric

anSt

ates

Org

aniz

atio

n of

Am

eric

an S

tate

s

(Inte

r-Am

eric

anC

omm

issio

n on

Hum

an R

ight

s)

Spec

ial R

appo

rteu

r m

onito

rs O

rgan

izat

ion

of A

mer

ican

Sta

tes

mem

ber

Stat

e co

mpl

ianc

e w

ith th

e A

mer

ican

Con

vent

ion

onH

uman

Rig

hts

with

spe

cific

reg

ard

to fr

eedo

m o

f exp

ress

ion.

The

Spec

ial R

appo

rteu

r co

nduc

ts fa

ct-fi

ndin

g m

issio

ns to

inve

stig

ate

repo

rts

of a

buse

s in

OA

S m

embe

r st

ates

and

anal

yzes

com

plai

nts

of fr

ee e

xpre

ssio

n vi

olat

ions

rec

eive

d by

the

Inte

r-Am

eric

an C

omm

issio

n on

Hum

an R

ight

s. It

advi

ses

the

com

miss

ion

on c

ases

, iss

ues

pres

s re

leas

es, c

ondu

cts

trai

ning

, and

exp

ress

es c

once

rns

to m

embe

r st

ate

auth

oriti

es to

prot

ect a

gain

st v

iola

tions

of f

reed

om o

f exp

ress

ion,

am

ong

othe

r re

spon

sibili

ties.

The

Spec

ial R

appo

rteu

r iss

ues

an a

nnua

lre

port

, whi

ch d

etai

ls th

e st

ate

of p

ress

free

dom

and

free

dom

of

expr

essio

n in

eac

h co

untr

y in

the

Am

eric

as.

http

://w

ww

.cid

h.oa

s.org

/re

lato

ria/i

ndex

.asp

?lID

=1

332

TAB

LE

15Le

gal a

nd R

egul

ator

y D

evel

opm

ent

Fram

ewor

ks f

or B

road

cast

Med

ia

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2003

Free

dom

of

Info

rmat

ion:

AC

ompa

rativ

eLe

gal S

urve

y

Toby

Men

del

UN

ESC

O

Stud

y su

rvey

s th

e rig

ht to

free

dom

of i

nfor

mat

ion

(whi

ch is

trea

ted

as th

e rig

ht to

acc

ess

info

rmat

ion

held

by

publ

ic b

odie

s)by

pro

vidi

ng a

n ov

ervi

ew o

f int

erna

tiona

l bas

is fo

r th

is rig

ht,

good

pra

ctic

e st

anda

rds,

an a

naly

sis o

f law

s fr

om te

n ca

se s

tudy

coun

trie

s, an

d a

com

para

tive

anal

ysis

of a

dditi

onal

rel

evan

t law

san

d po

licie

s.

http

://p

orta

l.une

sco.

org/

ci/

en/f

iles/

1969

7/11

2323

3533

1fr

eedo

m_i

nfo_

en.p

df/

free

dom

_inf

o_en

.pdf

Glo

bal

2002

Glo

bal M

edia

Gov

erna

nce:

A

Beg

inne

r’sG

uide

Seán

Ó S

ioch

rúan

d Br

uce

Gira

rd, w

ithA

my

Mah

an

Uni

ted

Nat

ions

Res

esar

chIn

stitu

te fo

rSo

cial

Dev

elop

men

t

Book

exa

min

es m

edia

and

com

mun

icat

ion

gove

rnan

ce a

t the

glob

al le

vel a

nd it

s ke

y in

fluen

cing

forc

es, e

lem

ents

, and

orga

niza

tions

, suc

h as

ITU

, WTO

, UN

ESC

O, W

IPO

, and

ICA

NN

. It p

rovi

des

an o

verv

iew

of w

hy m

edia

is r

egul

ated

, the

maj

or fo

rms

of g

loba

l reg

ulat

ion

(and

how

they

func

tion)

, the

part

icip

ants

and

ben

efic

iarie

s of

med

ia g

over

nanc

e st

ruct

ures

,an

d ex

istin

g an

d em

ergi

ng tr

ends

.

http

://w

ww

.com

unic

a.or

g/gm

g/in

dex.

htm

Glo

bal

2002

The

Enab

ling

Envi

ronm

ent

for

Free

and

Inde

pend

ent

Med

ia:

Con

trib

utio

n to

Tran

spar

ent a

ndA

ccou

ntab

leG

over

nanc

e

Mon

roe

Pric

ean

d Pe

ter

Kru

g

Uni

ted

Stat

esA

genc

y fo

rIn

tern

atio

nal

Dev

elop

men

t

Rep

ort e

xam

ines

mai

n co

mpo

nent

s of

the

lega

l env

ironm

ent

that

ena

ble

med

ia to

adv

ance

dem

ocra

tic g

oals,

incl

udin

g th

ele

gal,

med

ia, a

nd o

ther

sec

tors

that

affe

ct th

e pr

ofes

siona

lin

depe

nden

ce e

njoy

ed b

y pr

int a

nd b

road

cast

med

ia. I

tpr

ovid

es a

n ov

ervi

ew o

f how

eve

n a

basic

und

erst

andi

ng o

fpe

rtin

ent l

aws,

enfo

rcem

ent a

nd ju

dici

al p

ract

ices

,ad

min

istra

tive

proc

esse

s, ow

ners

hip

stru

ctur

es, a

nd o

ther

aspe

cts

of th

e en

ablin

g en

viro

nmen

t mig

ht fa

cilit

ate

the

deve

lopm

ent o

f effe

ctiv

e st

rate

gies

to e

stab

lish

free

med

ia,

whi

ch p

rom

ote

gove

rnm

ent a

ccou

ntab

ility

and

tran

spar

ency

.

http

://w

ww

.glo

bal.a

sc.u

penn

.ed

u/do

cs/E

NA

BLI

NG

_EN

V.pd

f

(ava

ilabl

e in

Rus

sian,

Spa

nish

,Fr

ench

, Alb

ania

n, a

nd S

erbi

an)

(for

pur

chas

e)

333

Glo

bal

1998

Glo

bal M

edia

Polic

y: A

Sym

posiu

m o

nIs

sues

and

Stra

tegi

es

Mar

c R

aboy

(edi

tor)

Rep

ort s

tate

s th

at c

omm

unic

atio

n po

licy

is cr

eate

d in

a g

loba

len

viro

nmen

t, w

hich

nec

essit

ates

the

crea

tion

of n

ew,

tran

snat

iona

l pol

icy

appr

oach

es a

imed

at e

nabl

ing

med

ia a

ndco

mm

unic

atio

n to

bet

ter

serv

e th

e gl

obal

pub

lic in

tere

st. T

here

port

also

pro

vide

s re

com

men

datio

ns fo

r su

ch a

glo

bal

regu

lato

ry fr

amew

ork.

http

://w

ww

.javn

ost-t

hepu

blic

.org

/m

edia

/dat

otek

e/ 1

998-

4-sy

mpo

sium

-rabo

y.pd

f

Afr

ica

2004

Afr

ican

Cha

rter

on B

road

cast

ing

The

Med

iaIn

stitu

te o

fSo

uthe

rn A

fric

a

Cha

rter

was

des

igne

d to

be

a m

oder

n bl

uepr

int f

orbr

oadc

astin

g an

d in

form

atio

n te

chno

logy

pol

icie

s an

d la

ws

in A

fric

a.

http

://w

ww

.misa

.org

/br

oadc

astin

g/ac

b.ht

ml

Afr

ica

2003

Broa

dcas

ting

Polic

y an

dPr

actic

e in

Afr

ica

Taw

ana

Kup

e(e

dito

r)

Art

icle

19

Book

pro

vide

s di

ffere

nt m

odel

s on

how

to c

reat

e a

plur

alist

ican

d di

vers

e br

oadc

astin

g la

ndsc

ape

in A

fric

a. It

str

esse

s an

dpr

ovid

es g

uida

nce

on v

ario

us a

spec

ts o

f bro

adca

stin

g po

licy

and

prac

tice,

incl

udin

g ac

cess

ibili

ty, f

undi

ng, a

nd m

anag

emen

t, an

den

surin

g th

at b

road

cast

ing

cont

ent i

s re

spon

sive

to th

e ne

eds

and

wan

ts o

f citi

zens

.

http

://w

ww

.art

icle

19.o

rg/

pdfs

/pub

licat

ions

/af

rica-

broa

dcas

ting-

polic

y.pd

f

Afr

ica

(Sou

ther

nA

fric

a)

2002

Legi

slatio

n an

dC

omm

unity

Med

ia fo

rSo

uthe

rnA

fric

a: A

Gui

de

Nic

k Is

hmae

l-Pe

rkin

s, w

ithR

ebec

ca C

assid

y(e

dito

rs)

Gui

de s

eeks

to p

rovi

de g

uida

nce

to n

ew o

r asp

iring

com

mun

itym

edia

initi

ativ

es o

n m

anag

ing

the

regu

lato

ry fr

amew

orks

inLe

soth

o, M

alaw

i, M

ozam

biqu

e, N

amib

ia, S

outh

Afri

ca, S

waz

iland

,Z

ambi

a, a

nd Z

imba

bwe.

It in

clud

es c

ount

ry-sp

ecifi

c gu

idel

ines

for

com

mun

ity ra

dio

licen

sing

proc

edur

es in

eac

h co

untry

.

http

://w

ww

.cat

ia.w

s/D

ocum

ents

/In

dexp

age/

Sout

hern

%20

Afr

ica%

20bo

okle

t.pdf

Chi

na20

05R

esea

rch

Not

e—R

ed N

et o

ver

Chi

na: C

hina

’sN

ew O

nlin

eM

edia

Ord

eran

d Its

Impl

icat

ions

Xu

Wu

Res

earc

h no

te e

xam

ines

Chi

na’s

med

ia o

rder

, whi

ch is

com

prise

d of

the

fund

amen

tal s

truc

ture

, man

agem

ent s

trat

egy,

and

oper

atio

nal p

atte

rn o

f all

the

med

ia o

rgan

izat

ions

with

inth

e co

untr

y. T

he n

ote

anal

yzes

Chi

na’s

onlin

e m

edia

deve

lopm

ent f

rom

the

mid

-199

0s a

nd, u

sing

inte

rvie

ws

with

onlin

e m

edia

pra

ctiti

oner

s in

Chi

na, i

t pro

vide

s an

ove

rvie

w o

fC

hina

’s on

line

med

ia o

rder

and

its

maj

or c

hara

cter

istic

s an

dth

eir

futu

re a

nd in

tern

atio

nal i

mpl

icat

ions

.

http

://a

dvan

ced.

jhu.

edu/

med

ia/f

iles/

Wu-

Red

_Net

_ov

er_C

hina

.pdf

334

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Euro

pe19

98Th

e D

igita

l Age

:Eu

rope

anA

udio

visu

alPo

licy—

Rep

ort

from

the

Hig

hLe

vel G

roup

on

Aud

iovi

sual

Polic

y

Mar

celin

o O

reja

(cha

irman

)

Euro

pean

Com

miss

ion

Rep

ort s

umm

ariz

es k

ey e

lem

ents

of a

Eur

opea

n au

diov

isual

polic

y: 1

) an

exa

min

atio

n of

the

role

of a

udio

visu

al m

edia

inpu

blic

pol

icy

initi

ativ

es; 2

) th

e es

tabl

ishm

ent o

f dig

ital

broa

dcas

ting

(in it

s m

any

form

s) to

pre

pare

for

the

info

rmat

ion

age;

3)

deve

lopm

ent o

f Eur

opea

n di

strib

utio

n an

d rig

hts

man

agem

ent;

4) s

uppo

rt b

road

cast

ers,

in te

rms

of d

istrib

utin

gan

d fin

anci

ng a

udio

visu

al p

rodu

ctio

ns; 5

) ad

apt e

xist

ing

supp

ort

mea

sure

s fo

r fil

m/a

udio

visu

al c

onte

nt to

cur

rent

nee

ds; 6

)im

plem

ent m

easu

res

to s

uppo

rt th

e fu

ndin

g of

pub

lic s

ervi

cebr

oadc

astin

g; 7

) de

velo

p re

gula

tory

reg

imes

for

audi

ovisu

alco

nten

t; an

d 8)

dev

elop

cop

yrig

ht s

afeg

uard

s fo

r au

diov

isual

prod

uctio

n co

nten

t.

http

://e

c.eu

ropa

.eu/

avpo

licy/

docs

/lib

rary

/stu

dies

/fin

alise

d/hl

g/hl

g_en

.pdf

Indi

a20

04M

edia

Ref

orm

in In

dia:

Legi

timiz

ing

Com

mun

ityM

edia

Ash

ish S

en

The

Wor

ldA

ssoc

iatio

n fo

rC

hrist

ian

Com

mun

icat

ion

Art

icle

pro

vide

s an

ove

rvie

w o

f the

dire

ctio

n of

med

ia r

efor

min

Indi

a an

d ex

amin

es m

ains

trea

m a

nd c

omm

unity

med

ia in

Indi

a to

asc

erta

in w

heth

er th

e co

urse

of m

edia

ref

orm

sco

nfor

m to

a la

rger

and

cog

ent m

edia

pol

icy,

or

if th

ey a

resy

mpt

omat

ic o

f a c

risis

man

agem

ent a

nd r

eact

ive

cultu

re.

http

://w

ww

.wac

cglo

bal.o

rg/

wac

c/pu

blic

atio

ns/m

edia

_de

velo

pmen

t/ar

chiv

e/20

04_1

/m

edia

_ref

orm

_in_

indi

a_le

gitim

ising

_com

mun

ity_m

edia

Uni

ted

Kin

gdom

1997

Libe

l and

the

Med

ia: T

heC

hilli

ng E

ffect

Eric

Bar

endt

,La

uren

ceLu

stga

rten

,K

enne

th N

orrie

,an

d H

ugh

Step

hens

on

Book

stu

dies

the

impa

ct o

f def

amat

ion

law

on

seve

ral f

orm

s of

mas

s m

edia

in th

e U

nite

d K

ingd

om a

nd a

ny r

esul

tant

chi

lling

effe

ct o

n fr

ee e

xpre

ssio

n by

the

med

ia, w

ith p

artic

ular

reg

ard

tolib

el la

w. I

t fur

ther

exa

min

es h

ow th

e m

edia

han

dles

libe

l risk

s,th

e ex

tent

to w

hich

sou

rces

of m

edia

rel

y on

out

side

lega

lad

vice

, and

the

use

of in

sura

nce

prot

ectio

n.

http

://w

ww

.que

stia

.com

/PM

.qst

?a=

o&d=

1437

0720

335

TAB

LE

16Fr

eedo

m o

f Ex

pres

sion

, Acc

ess

to In

form

atio

n, a

nd P

ress

Fre

edom

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

n/a

A M

odel

Free

dom

of

Info

rmat

ion

Law

Art

icle

19

Mod

el la

w is

a c

ompl

eted

tem

plat

e, w

hich

mig

ht b

e ad

apte

dfo

r us

e by

gov

ernm

ent o

ffici

als.

It in

clud

es th

e fo

llow

ing

prov

ision

s: D

efin

ition

s an

d Pu

rpos

e; T

he R

ight

to A

cces

sIn

form

atio

n H

eld

by P

ublic

Bod

ies;

Mea

sure

s to

Pro

mot

eO

penn

ess;

Exce

ptio

ns; T

he In

form

atio

n C

omm

issio

ner;

Enfo

rcem

ent b

y th

e C

omm

issio

ner;

Whi

stle

blow

ers;

Crim

inal

and

Civ

il R

espo

nsib

ility

; and

Misc

ella

neou

s Pr

ovisi

ons.

http

://w

ww

.art

icle

19.o

rg/

pdfs

/sta

ndar

ds/m

odel

foila

w.p

df

Glo

bal

2006

The

Rol

e of

the

Free

Pre

ss in

Prom

otin

gD

emoc

ratiz

atio

n,G

ood

Gov

erna

nce,

and

Hum

anD

evel

opm

ent

Pipp

a N

orris

UN

ESC

O(M

eetin

g on

Wor

ld P

ress

Free

dom

Day

:M

edia

,D

evel

opm

ent,

and

Pove

rty

Erad

icat

ion)

Back

grou

nd p

aper

exa

min

es th

e im

pact

of p

ress

free

dom

on

seve

ral i

ndic

ator

s of

dem

ocra

cy a

nd g

ood

gove

rnan

ce a

ndde

tails

the

dist

ribut

ion

of p

ress

free

dom

and

reg

iona

l tre

nds.

Itco

nclu

des

that

a fr

ee p

ress

is s

igni

fican

t for

a r

ange

of g

ood

gove

rnan

ce in

dica

tors

, and

it is

an

impo

rtan

t par

t of t

he p

roce

ssof

dem

ocra

tizat

ion.

It a

dditi

onal

ly in

terp

rets

this

conc

lusio

n in

term

s of

str

engt

heni

ng p

oliti

cal a

nd h

uman

dev

elop

men

t to

alle

viat

e po

vert

y.

http

://p

orta

l.une

sco.

org/

ci/

en/e

v.ph

p-U

RL_

ID=

2189

9&U

RL_

DO

=D

O_T

OPI

C&

UR

L_SE

CTI

ON

=20

1.ht

ml

Glo

bal

2006

Map

of P

ress

Free

dom

Free

dom

Hou

seW

ebpa

ge o

ffers

an

inte

ract

ive

map

that

disp

lays

the

over

all l

evel

of p

ress

free

dom

in c

ount

ries

all o

ver

the

wor

ld. I

t pro

vide

sus

ers

with

det

aile

d, c

ount

ry-b

y-co

untr

y an

alys

es o

f the

sta

te (

orla

ck)

of in

depe

nden

t med

ia a

nd c

itize

ns’ a

cces

s to

unb

iase

din

form

atio

n. A

s of

200

6, th

e ov

eral

l glo

bal a

vera

ge s

core

of

pres

s fr

eedo

m, a

s w

ell a

s th

e gl

obal

ave

rage

sco

res

for

the

lega

lan

d po

litic

al e

nviro

nmen

t for

pre

ss fr

eedo

m, w

orse

ned.

http

://w

ww

.free

dom

hous

e.o

rg/t

empl

ate.

cfm

?pag

e=25

1&ye

ar=

2006

336

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

2006

Free

dom

of

Expr

essio

n an

dPr

ess

Free

dom

:Pr

otec

ting

and

Res

pect

ing

Hum

an S

ecur

ity

Agn

esC

alla

mar

d

Art

icle

19

Spee

ch n

otes

incr

easin

g in

stan

ces

thro

ugho

ut th

e w

orld

of

rest

rictio

ns o

n fr

eedo

m o

f exp

ress

ion,

or

atte

mpt

ed r

estr

ictio

ns,

just

ified

on

the

grou

nds

of n

atio

nal s

ecur

ity. I

t pro

vide

s ex

ampl

esof

law

s th

at r

estr

ict p

ress

free

dom

s, w

ith p

artic

ular

reg

ard

toan

titer

roris

m e

ffort

s, in

the

nam

e of

nat

iona

l sec

urity

. The

spe

ech

argu

es th

at th

ese

rest

rictio

ns a

re n

ot a

n ap

prop

riate

res

pons

e to

secu

rity

thre

ats.

It pr

ovid

es a

n ov

ervi

ew o

f the

app

roac

h se

t out

by th

e Jo

hann

esbu

rg P

rinci

ples

, whi

ch a

re tw

enty

-five

prin

cipl

esth

at d

etai

l a li

mite

d sc

ope

of r

estr

ictio

ns, w

hich

mig

ht b

eim

pose

d up

on fr

eedo

m o

f exp

ress

ion,

pre

ss fr

eedo

m, a

nd a

cces

sto

info

rmat

ion

in th

e in

tere

st o

f nat

iona

l sec

urity

.

http

://w

ww

.art

icle

19.o

rg/

pdfs

/con

fere

nces

/hu

man

-sec

urity

-spe

ech.

pdf

Glo

bal

2005

Free

dom

and

Acc

ount

abili

ty:

Safe

guar

ding

Free

Exp

ress

ion

thro

ugh

Med

iaSe

lf-R

egul

atio

n

Sara

Buc

hana

n,Lu

itgar

dH

amm

erer

, and

Oliv

er M

oney

-K

yrle

(ed

itors

)

Art

icle

19

Rep

ort p

rovi

des

an o

verv

iew

of h

ow c

ount

ries

in W

este

rnEu

rope

, par

ticul

arly

Sw

eden

, Ger

man

y, a

nd th

e U

nite

dK

ingd

om, h

ave

deve

lope

d pr

ess

coun

cils

or c

ompl

aint

sco

mm

issio

ns to

ach

ieve

med

ia s

elf-r

egul

atio

n, w

hich

pro

mot

esfr

eedo

m o

f exp

ress

ion

and

of m

edia

, as

wel

l as

regu

lato

ryac

coun

tabi

lity.

It fu

rthe

r ex

amin

es in

itiat

ives

in fi

ve c

ount

ries

inSo

uthe

ast E

urop

e (A

lban

ia, B

ulga

ria, B

osni

a an

d H

erze

govi

na,

Rom

ania

, and

Slo

veni

a) d

esig

ned

to im

prov

e jo

urna

listic

stan

dard

s an

d es

tabl

ish m

edia

sel

f-reg

ulat

ion,

usin

g te

stim

onia

lsfr

om k

ey s

take

hold

ers

in th

e pr

oces

s, su

ch a

s m

edia

ow

ners

,ed

itors

, jou

rnal

ists,

and

nong

over

nmen

tal o

rgan

izat

ions

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/sel

f-reg

ulat

ion-

sout

h-ea

st-e

urop

e.pd

f

Glo

bal

2005

Free

dom

of

Info

rmat

ion:

Trai

ning

Man

ual

for

Publ

icO

ffici

als

Ric

hard

Car

ver,

et a

l.

Art

icle

19

Man

ual i

s de

signe

d to

pro

vide

lay

pers

ons—

prim

arily

pub

licof

ficia

ls—w

ith a

n in

trod

uctio

n to

prin

cipl

es u

nder

lyin

g fr

eedo

mof

info

rmat

ion.

It d

escr

ibes

how

pub

lic b

odie

s m

ight

pro

vide

publ

ic a

cces

s to

info

rmat

ion,

com

mun

icat

e w

ith r

eque

ster

s w

hoar

e en

title

d to

info

rmat

ion,

and

det

ails

the

proc

esse

s by

whi

chre

ques

ts fo

r in

form

atio

n ar

e ha

ndle

d.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

tool

s/fo

itrai

ners

man

ual.p

df

337

Glo

bal

2004

Wha

t’s th

ePo

int o

f Pre

ssFr

eedo

m?

Am

arty

a Se

n

Wor

ldA

ssoc

iatio

n of

New

spap

ers

Art

icle

arg

ues

that

an

inde

pend

ent m

edia

pro

vide

s a

voic

e to

the

negl

ecte

d an

d di

sadv

anta

ged,

whi

le s

imul

tane

ously

pre

vent

ing

gove

rnm

ents

from

insu

latin

g th

emse

lves

from

pub

lic c

ritic

ism. I

tfu

rthe

r re

itera

tes

Sen’

s fa

mou

s ob

serv

atio

n th

at n

o su

bsta

ntia

lfa

min

e ha

s oc

curr

ed in

any

inde

pend

ent c

ount

ry w

ith a

dem

ocra

tic fo

rm o

f gov

ernm

ent a

nd a

rel

ativ

ely

free

pre

ss.

http

://w

ww

.wan

-pre

ss.o

rg/

artic

le.p

hp3?

id_a

rtic

le=

3881

Glo

bal

2002

Pres

s Fr

eedo

m,

Hum

an C

apita

l,an

d C

orru

ptio

n

Rud

iger

Ahr

end

Wor

king

pap

er p

rovi

des

an o

verv

iew

of h

ow a

key

func

tion

of a

wat

chdo

g pr

ess

is to

exp

ose

corr

uptio

n, a

nd th

e re

late

dde

velo

pmen

t im

plic

atio

ns. I

t sta

tes

that

ther

e is

an in

vers

eco

rrel

atio

n be

twee

n th

e ex

tent

of c

orru

ptio

n in

a c

ount

ry a

ndva

riabl

es th

at in

dica

te it

s de

velo

pmen

t lev

el. I

t also

poi

nts

toem

piric

al e

vide

nce

that

dem

onst

rate

that

cou

ntrie

s w

ith h

igh

leve

lsof

pre

ss fr

eedo

m h

ave

low

er le

vels

of g

over

nmen

t cor

rupt

ion.

http

://p

aper

s.ssr

n.co

m/s

ol3/

pape

rs.c

fm?a

bstr

act_

id=

6201

02

Glo

bal

2002

Acc

ess

to th

eA

irwav

es:

Prin

cipl

es o

nFr

eedo

m o

fEx

pres

sion

and

Broa

dcas

tR

egul

atio

n

Toby

Men

del

Art

icle

19

Doc

umen

t set

s ou

t prin

cipl

es, o

r sta

ndar

ds, o

n ho

w to

pro

mot

ean

d pr

otec

t ind

epen

dent

bro

adca

stin

g an

d sim

ulta

neou

sly e

nsur

eth

at b

road

cast

ing

serv

es th

e pu

blic

inte

rest

as

a w

hole

. The

yin

clud

e br

oad

stan

dard

s on

how

to re

gula

te in

the

publ

ic in

tere

st,

as w

ell a

s ho

w to

pre

vent

this

regu

latio

n fro

m b

ecom

ing

a m

eans

of g

over

nmen

t con

trol.

They

add

ition

ally

pro

vide

gui

danc

e on

how

to a

ddre

ss th

e ne

ed fo

r reg

ulat

ors

to p

reve

nt c

omm

erci

alin

tere

sts

from

bec

omin

g ex

cess

ivel

y do

min

ant.

http

://w

ww

.arti

cle1

9.or

g/pd

fs/

stan

dard

s/ac

cess

airw

aves

.pdf

Glo

bal

2000

Voic

es o

f the

Poor

: Cry

ing

out f

or C

hang

e

Dee

pa N

aray

an,

Rob

ert

Cha

mbe

rs,

Mee

ra K

. Sha

h,an

d Pa

ttiPe

tesc

h

The

Wor

ld B

ank

Book

dra

ws

on r

esea

rch

cond

ucte

d in

199

9 in

volv

ing

over

20,0

00 p

oor

wom

en a

nd m

en fr

om tw

enty

-thre

e co

untr

ies

tohi

ghlig

ht th

e co

mm

on th

eme

of p

ower

less

ness

. The

boo

kex

amin

es te

n di

men

sions

of p

ower

less

ness

that

em

erge

from

the

stud

y an

d pr

esen

ts th

e m

etho

dolo

gy a

nd th

e ch

alle

nges

face

d in

con

duct

ing

the

stud

y. T

he b

ook

incl

udes

rem

arks

on

the

impo

rtan

ce o

f acc

ess

to in

form

atio

n as

a w

ay to

cou

nter

act

http

://w

ww

.-wds

.wor

ldba

nk.o

rg/e

xter

nal/

defa

ult/

WD

SCon

tent

Serv

er/

WD

SP/I

B/2

001/

04/0

7/00

0094

946

_010

3280

5491

162/

Ren

dere

d/PD

F/m

ulti0

page

.pdf

338

pow

erle

ssne

ss, a

s w

ell a

s ho

w m

edia

are

impo

rtan

t aw

aren

ess-

raisi

ng to

ols

in th

e de

velo

ping

wor

ld.

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

1999

The

Publ

ic’s

Rig

ht to

Kno

w:

Prin

cipl

es o

nFr

eedo

m o

fIn

form

atio

nLe

gisla

tion

Art

icle

19

Rep

ort d

etai

ls a

step

-by-

step

ana

lysis

of i

nter

natio

nal p

rinci

ples

toas

sist r

eade

rs to

mea

sure

whe

ther

dom

estic

law

s (in

the

read

er’s

coun

try)

gen

uine

ly p

erm

its a

cces

s to

offi

cial

info

rmat

ion,

and

for

gove

rnm

ents

to a

chie

ve m

axim

um tr

ansp

aren

cy. T

he r

epor

tge

nera

lly r

efer

s to

bro

adca

st m

edia

, und

er th

e ru

bric

of t

hefr

eedo

m o

f exp

ress

ion

thro

ugh

any

med

ia.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

stan

dard

s/rig

htto

know

.pdf

Glo

bal

1996

The

Joha

nnes

burg

Prin

cipl

es o

nN

atio

nal

Secu

rity,

Free

dom

of

Expr

essio

n, a

ndA

cces

s to

Info

rmat

ion

Art

icle

19

Joha

nnes

burg

Prin

cipl

es c

ompr

ise tw

enty

-five

prin

cipl

essu

gges

ted

by a

gro

up o

f exp

erts

in in

tern

atio

nal l

aw, n

atio

nal

secu

rity,

and

hum

an r

ight

s, ba

sed

on in

tern

atio

nal a

nd r

egio

nal

law

, and

inte

rnat

iona

l sta

ndar

ds r

elat

ing

to fr

eedo

m o

fex

pres

sion

and

acce

ss to

info

rmat

ion.

The

prin

cipl

es a

re d

ivid

edin

to fo

ur s

ectio

ns: G

ener

al P

rinci

ples

, Res

tric

tions

on

Free

dom

of E

xpre

ssio

n, R

estr

ictio

ns o

n Fr

eedo

m o

f Inf

orm

atio

n, a

ndR

ule

of L

aw a

nd O

ther

Mat

ters

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

stan

dard

s/jo

burg

prin

cipl

es.p

df

Glo

bal

1994

Gui

delin

es fo

rEl

ectio

nBr

oadc

astin

g in

Tran

sitio

nal

Dem

ocra

cies

Patr

ick

Mer

loe,

with

San

dra

Col

iver

Art

icle

19

Stud

y ex

amin

es th

e ro

le o

f ele

ctio

n ca

mpa

ign

broa

dcas

ting

intr

ansit

iona

l dem

ocra

cies

and

the

rela

tions

hip

betw

een

free

and

fair

elec

tions

and

acc

ess

to te

levi

sion

and

radi

o, a

nd s

tres

ses

that

res

pect

for

free

dom

of e

xpre

ssio

n, p

artic

ular

ly d

urin

gca

mpa

ign

perio

ds, i

ncre

ases

the

likel

ihoo

d of

suc

cess

for

ade

moc

ratic

tran

sitio

n. It

add

ition

ally

dra

ws

from

the

expe

rienc

es o

f bot

h tr

ansit

iona

l and

mor

e m

atur

e de

moc

raci

es,

as w

ell a

s fr

om p

rinci

ples

of i

nter

natio

nal l

aw, t

o pr

ovid

e a

set

of g

uide

lines

con

cern

ing

broa

dcas

t cov

erag

e of

ele

ctio

nca

mpa

igns

bas

ed o

n in

tern

atio

nal l

aw a

nd p

ract

ice.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

stan

dard

s/el

ectio

n-br

oadc

astin

g-in

-tran

sitio

nal-d

emoc

raci

es.p

df

339

Glo

bal

1993

The

Art

icle

19

Free

dom

of

Expr

essio

nH

andb

ook:

Inte

rnat

iona

lan

dC

ompa

rativ

eLa

w, S

tand

ards

and

Proc

edur

es

Sand

ra C

oliv

er

Art

icle

19

Han

dboo

k pr

ovid

es s

umm

arie

s of

dec

ision

s fr

om c

ourt

s ar

ound

the

wor

ld th

at e

stab

lish

prec

eden

ts th

at p

rote

ct th

e rig

hts

tofr

eedo

m o

f exp

ress

ion,

ass

embl

y, a

ssoc

iatio

n, a

nd a

cces

s to

info

rmat

ion.

It a

dditi

onal

ly p

rovi

des

sum

mar

ies

of r

elev

ant

inte

rnat

iona

l cas

e-la

w (

thos

e th

at b

oth

prot

ect a

nd r

estr

ict

free

dom

s), a

nd b

asic

info

rmat

ion

abou

t hum

an r

ight

s tr

eatie

san

d pr

oced

ures

for

filin

g co

mpl

aint

s w

ith in

terg

over

nmen

tal

bodi

es. T

he h

andb

ook

is de

signe

d fo

r us

e by

law

yers

,re

sear

cher

s, an

d hu

man

rig

hts

cam

paig

ners

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/199

3-ha

ndbo

ok.p

df

Glo

bal

1964

Mas

s M

edia

and

Nat

iona

lD

evel

opm

ent:

The

Rol

e of

Info

rmat

ion

inth

e D

evel

opin

gC

ount

ries.

Wilb

ur S

chra

mm

UN

ESC

O

Stud

y pr

ovid

es a

n ov

ervi

ew o

f the

rol

e of

mas

s m

edia

inde

velo

pmen

t. It

argu

es th

at d

evel

opm

ent a

gent

s m

ight

use

pow

erfu

l med

ia o

utle

ts to

com

mun

icat

e m

essa

ges

abou

tte

chno

logi

cal i

nnov

atio

ns in

the

cour

se o

f dev

elop

men

tin

itiat

ives

.

http

://a

nn.sa

gepu

b.co

m/c

gi/

cont

ent/

cita

tion/

360/

1/20

4

Afg

hani

stan

2007

Pres

enta

tion

toth

e R

elig

ious

and

Cul

tura

lA

ffairs

Com

miss

ion

ofth

e A

fgha

nN

atio

nal

Ass

embl

y

Toby

Men

del

Art

icle

19

Pres

enta

tion

to th

e R

elig

ious

and

Cul

tura

l Affa

irs C

omm

issio

nof

the

Afg

han

Nat

iona

l Ass

embl

y on

the

deve

lopm

ent o

ffr

eedo

m o

f exp

ress

ion

prin

cipl

es a

nd th

e dr

aft m

edia

law

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

conf

eren

ces/

afgh

anist

an-

med

ia-p

rese

ntat

ion.

pdf

Afr

ica

2003

“Our

Cul

ture

”vs

“Fo

reig

nC

ultu

re”—

An

Essa

y on

Ont

olog

ical

and

Key

an T

omas

elli

Art

icle

exa

min

es p

ersp

ectiv

es o

n fr

eedo

m o

f the

pre

ss in

Afr

ica,

with

reg

ard

to p

rofe

ssio

nalis

m, e

ssen

tialis

m, a

nd c

itize

nshi

p, a

ndcr

itiqu

es th

e in

siste

nce

by s

ome

Afr

ican

med

ia a

cade

mic

s th

atth

e m

edia

mus

t exh

ibit

“Afr

ican

val

ues.”

It a

lso e

xam

ines

the

role

of a

utho

rity

in d

eter

min

ing

the

way

http

://g

az.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/65/

6/42

7

(for

pur

chas

e)

(for

pur

chas

e)

340

Prof

essio

nal

Issu

es in

Afr

ican

Jour

nalis

m

that

the

med

ia a

re u

nder

stoo

d by

com

mun

icat

ion

stud

ents

inso

me

Afr

ican

cou

ntrie

s, an

d ar

gues

for

a gr

eate

r in

tegr

atio

n of

cultu

ral a

nd m

edia

stu

dies

into

jour

nalis

m e

duca

tion

tobr

oade

n cu

ltura

l per

spec

tives

am

ong

jour

nalis

ts. T

he a

rtic

lead

ditio

nally

pro

vide

s su

gges

tions

on

how

to a

ddre

ss th

ese

issue

sin

cou

rse

curr

icul

a.

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Afr

ica

1999

The

Rig

ht to

Com

mun

icat

e:Th

e In

tern

et in

Afr

ica

Sally

Bur

nhei

m

Art

icle

19

Rep

ort e

xam

ines

a c

ompa

rativ

ely

subt

le fo

rm o

f cen

sors

hip:

som

e A

fric

an g

over

nmen

ts a

re m

ovin

g to

con

trol

the

prov

ision

of In

tern

et s

ervi

ces

thro

ugh

mon

opol

ies

of e

xist

ing

tele

com

mun

icat

ions

ser

vice

s. It

deta

ils e

xam

ples

whe

re s

ome

gove

rnm

ents

hav

e as

sum

ed to

tal c

ontr

ol o

f new

tech

nolo

gy, t

ore

tain

sol

e ac

cess

to th

e re

venu

e, a

nd in

som

e ca

ses

to e

xert

cont

rol o

ver

user

s. Th

e re

port

furt

her

pres

ents

the

dang

ers

asso

ciat

ed w

ith th

e la

ck o

f ade

quat

e te

leco

mm

unic

atio

ns, a

ndth

us, t

he s

ocie

ty’s

abili

ty to

dev

elop

dep

ends

on

lack

of a

cces

sto

info

rmat

ion

and

cons

trai

nts

on th

e fr

eedo

m o

f exp

ress

ion

inA

fric

a.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/afr

ica-

inte

rnet

.pdf

Arm

enia

,A

zerb

aija

n,an

dG

eorg

ia

2005

Und

er L

ock

and

Key

: Fre

edom

of In

form

atio

nan

d th

e M

edia

in A

rmen

ia,

Aze

rbai

jan,

and

Geo

rgia

Iryna

Sm

olin

aA

rtic

le 1

9R

epor

t pro

vide

s an

ove

rvie

w o

f the

ext

ent o

f the

impl

emen

tatio

n of

free

dom

of i

nfor

mat

ion

legi

slatio

n in

Arm

enia

, Aze

rbai

jan,

and

Geo

rgia

, and

the

impa

ct o

f thi

sle

gisla

tion

on th

e m

edia

in th

ese

thre

e co

untr

ies.

It ad

ditio

nally

prov

ides

sum

mar

ies

of th

e ev

olvi

ng m

edia

land

scap

es in

eac

hof

the

thre

e co

untr

ies.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/und

er-lo

ck-

and-

key.

pdf

341

The

Balk

ans

2005

Con

fere

nce

Rep

ort o

nFr

eedo

m a

ndA

ccou

ntab

ility

Con

fere

nce

onM

edia

Sel

f-R

egul

atio

n in

Sout

heas

tEu

rope

Art

icle

19

Con

fere

nce

repo

rt p

rovi

des

an o

verv

iew

of t

he im

port

ance

of

med

ia s

elf-r

egul

atio

n in

the

cont

ext o

f Sou

thea

ster

n Eu

rope

tosa

fegu

ard

med

ia in

depe

nden

ce, e

nhan

ce m

edia

prof

essio

nalis

m, a

nd r

educ

e ju

dici

al a

ctio

n ag

ains

t the

indu

stry

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

conf

eren

ces/

sara

jevo

-co

nfer

ence

-repo

rt.p

df

Bulg

aria

2003

Mem

oran

dum

on th

e D

raft

Law

on

Rad

ioan

d Te

levi

sion

of th

e R

epub

licof

Bul

garia

Art

icle

19

Mem

oran

dum

ana

lyze

s th

e dr

aft l

aw a

nd fi

nds

that

whi

le it

prov

ides

gua

rant

ees

for

the

inde

pend

ence

of t

he a

genc

ies

resp

onsib

le fo

r re

gula

ting

the

Bulg

aria

n br

oadc

ast s

ecto

r(in

clud

ing

an e

xplic

it th

ough

gen

eral

pro

visio

n co

ncer

ning

the

inde

pend

ence

of t

he p

rinci

pal r

egul

ator

y ag

ency

), th

ese

prov

ision

s do

not

go

far

enou

gh, p

artic

ular

ly r

egar

ding

appo

intin

g m

embe

rs to

thes

e bo

dies

. It a

dditi

onal

ly p

raise

s th

ela

w’s

trea

tmen

t of s

ourc

es o

f fun

ding

for

the

natio

nal

broa

dcas

ters

, inc

reas

ed a

dver

tisin

g qu

otas

, and

the

crea

tion

ofne

w g

over

ning

bod

ies

for

the

natio

nal b

road

cast

ers,

and

stat

esth

at th

e cr

iteria

for

the

gran

t of b

road

cast

ing

licen

ses

and

freq

uenc

ies

shou

ld b

e m

ore

spec

ific.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

bulg

aria

-bro

adca

stin

g-la

w-2

003.

pdf

Cam

bodi

a20

06Fr

eedo

m o

fEx

pres

sion

and

the

Med

ia in

Cam

bodi

a

The

Com

mun

ityLe

gal E

duca

tion

Cen

ter,

with

Art

icle

19

and

the

Hum

anR

ight

s an

dD

evel

opm

ent

Ass

ocia

tion

Stud

y an

alyz

es C

ambo

dia’

s Pr

ess

Law

, whi

ch c

onta

ins

prov

ision

sth

at a

re in

tend

ed o

r m

ight

be

cons

true

d to

reg

ulat

e or

con

trol

the

pres

s. It

addi

tiona

lly g

ener

ally

exa

min

es th

e st

atus

of t

hem

edia

in C

ambo

dia,

with

par

ticul

ar r

egar

d to

med

ia o

wne

rshi

pan

d th

e la

ws

regu

latin

g its

func

tioni

ng, w

ith r

efer

ence

toin

tern

atio

nal s

tand

ards

. It f

urth

er p

rovi

des

reco

mm

enda

tions

aim

ed a

t the

med

ia a

nd th

e go

vern

men

t, to

pro

mot

e th

ede

velo

pmen

t of a

div

erse

and

free

med

ia e

nviro

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tpr

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trie

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rnat

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ndar

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343

Ethi

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Ken

ya20

06St

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Med

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Ken

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Art

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19

Stat

emen

t det

ails

conc

erns

reg

ardi

ng th

e pr

opos

al o

f sta

tuto

ryre

gula

tion

of th

e m

edia

in K

enya

, whi

ch r

isks

enda

nger

ing

the

inde

pend

ence

of t

he m

edia

and

impi

ngin

g on

the

free

flow

of

info

rmat

ion.

The

sta

tem

ent e

mph

asiz

es th

e im

port

ance

of

med

ia s

elf-r

egul

atio

n.

http

://w

ww

.art

icle

19.o

rg/

pdfs

/ana

lysis

/ken

ya-m

edia

-co

unci

l-bill

.pdf

Kos

ovo

2003

Mem

oran

dum

on th

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fBr

oadc

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h th

ees

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ishm

ent o

fth

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edia

Com

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Art

icle

19

Mem

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Kos

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tern

atio

nal a

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nstit

utio

nal o

blig

atio

ns, w

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phas

is on

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dom

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expr

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impl

icat

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reg

ardi

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road

cast

reg

ulat

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and

also

exa

min

es th

e dr

aft l

aw in

ligh

t of t

hese

obl

igat

ions

,an

d pr

ovid

es s

ugge

stio

ns fo

r im

prov

emen

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http

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Kor

ea20

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edia

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Publ

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eedo

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Pres

s

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k K

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le e

xam

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the

dive

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n of

the

new

s m

edia

in K

orea

from

the

1990

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a r

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t of d

ereg

ulat

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and

dem

ocra

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dditi

onal

ly e

xam

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e pu

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’s us

e pa

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d its

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med

iaan

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alua

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the

curr

ent s

tate

of f

reed

om o

f the

pre

ss in

Kor

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he s

tudy

con

clud

es th

at th

e K

orea

n pr

ess

still

face

s a

varie

ty o

f res

trai

nts,

desp

ite im

prov

emen

ts in

cer

tain

are

as.

http

://w

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nk.c

om/

cont

ent/

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ase)

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Kyr

gyzs

tan

2005

Mem

oran

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ass

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w a

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urna

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Rep

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on F

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edia

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for

Secu

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and

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pera

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inEu

rope

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Art

icle

19

Mem

oran

dum

ana

lyze

s th

e La

w o

f the

Kyr

gyz

Rep

ublic

on

Mas

s M

edia

and

the

the

Law

of t

he K

yrgy

z R

epub

lic o

n th

ePr

ofes

siona

l Act

ivity

of t

he Jo

urna

lists

in li

ght o

f int

erna

tiona

lst

anda

rds

on th

e rig

ht to

free

dom

of e

xpre

ssio

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set

s ou

tco

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egar

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pro

visio

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thes

e la

ws

that

gra

nt th

ere

gula

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aut

horit

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oad

pow

er to

res

tric

t con

tent

, sus

pend

med

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ts o

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oad

grou

nds,

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impo

se a

reg

istra

tion

regi

me

that

mig

ht b

e ab

used

for

polit

ical

pur

pose

s. B

oth

law

sad

ditio

nally

impo

se “

jour

nalis

tic d

utie

s” th

at w

ould

be

unne

cess

ary

if th

e la

ws

incl

uded

sel

f-reg

ulat

ion

prov

ision

s.

http

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icle

19.o

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edia

. pdf

Latv

ia20

05M

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for a

Dra

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Pub

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ia

Rep

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Secu

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inEu

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and

Art

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19

Mem

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draf

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ligh

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nter

natio

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stan

dard

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dom

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xpre

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e pr

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eir

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sm

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r ex

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opos

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ew r

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ator

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r th

e br

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ctor

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al, a

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prov

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con

tent

res

tric

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and

the

prop

osed

stru

ctur

e fo

r th

e rig

ht o

f rep

ly.

http

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19.o

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anal

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Libe

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05C

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Dra

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Publ

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Art

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19

Com

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rvie

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ugge

stio

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Libe

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Pol

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Prov

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eEs

tabl

ishm

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Nat

iona

l Pub

lic B

road

cast

ing

Serv

ice.

Itde

tails

how

the

draf

t law

ens

ures

the

effe

ctiv

e in

depe

nden

ce o

fth

e ne

w b

road

cast

er fr

om g

over

nmen

t and

com

mer

cial

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as w

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acc

ount

abili

ty to

the

peop

le in

term

s of

fina

nces

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prog

ram

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tent

. It a

dditi

onal

ly e

xam

ines

the

draf

t law

’str

eatm

ent o

f pro

gram

min

g ob

ject

ives

.

http

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19.o

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348

Mac

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Art

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19

Mem

oran

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pro

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s an

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f how

the

draf

t law

, whi

chpr

opos

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n ov

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ul o

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gula

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Mac

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s ge

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ased

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rnat

iona

lla

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com

para

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prac

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and

wou

ld th

us e

nhan

ce th

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ht to

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dom

of e

xpre

ssio

n in

bro

adca

stin

g in

the

coun

try.

Spec

ifica

lly, t

he la

w p

ropo

ses

the

esta

blish

men

t of a

new

broa

dcas

t reg

ulat

or, a

s w

ell a

s a

new

legi

slativ

e fr

amew

ork

for

the

esta

blish

men

t of a

Mac

edon

ian

publ

ic s

ervi

ce b

road

cast

er. I

tad

ditio

nally

intr

oduc

es a

set

of p

rogr

am s

tand

ards

for

all

broa

dcas

ters

—pu

blic

and

priv

ate—

and

it in

clud

es p

rote

ctio

nsre

latin

g to

the

conf

iden

tialit

y of

jour

nalis

ts’ s

ourc

es. I

t also

requ

ires

publ

ic a

utho

ritie

s to

rel

ease

info

rmat

ion

on m

atte

rs o

fpu

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inte

rest

. The

mem

oran

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ally

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rs s

ome

reco

mm

enda

tions

to b

ring

othe

r as

pect

s of

the

law

in li

ne w

ithin

tern

atio

nal s

tand

ards

and

goo

d pr

actic

es.

http

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.art

icle

19.o

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anal

ysis/

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edon

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awi

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Mem

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8

Art

icle

19

Mem

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ch th

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ates

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coun

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s br

oadc

astin

gse

ctor

in li

ght o

f int

erna

tiona

l sta

ndar

ds o

n fr

eedo

m o

fex

pres

sion.

It a

lso g

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ally

exp

lore

s th

e co

nstr

aint

s an

dre

gula

tions

that

the

act i

mpo

ses

on b

road

cast

ers.

http

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.art

icle

19.o

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dfs/

anal

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mal

awi.b

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3.pd

f

Mal

aysia

2006

Mem

oran

dum

on M

alay

sia’s

2006

Pre

ssC

ounc

il Bi

ll

Art

icle

19

Mem

oran

dum

pro

vide

s dr

aftin

g as

sista

nce

on M

alay

sia’s

2006

Pres

s C

ounc

il Bi

ll, to

enc

oura

ge th

e es

tabl

ishm

ent o

f an

inde

pend

ent,

self-

regu

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ess

Cou

ncil

that

pro

mot

es p

ress

free

dom

and

pro

fess

iona

l and

eth

ical

jour

nalis

m. I

t foc

uses

on

stre

ngth

enin

g th

e Pr

ess

Cou

ncil’

s in

depe

nden

ce a

nd s

truc

ture

usin

g in

tern

atio

nal s

tand

ards

gov

erni

ng th

e rig

ht o

f fre

edom

of

expr

essio

n an

d fr

eedo

m o

f the

pre

ss.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

mal

aysia

.prs

.06.

pdf

Cov

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349

The

Mal

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Art

icle

19

Not

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itiqu

es th

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aft B

road

cast

ing

Bill

of th

e M

aldi

ves,

usin

gin

tern

atio

nal s

tand

ards

rel

atin

g to

bro

adca

st r

egul

atio

n an

dde

moc

ratic

gov

erna

nce.

http

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icle

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dfs/

anal

ysis/

mal

dive

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oadc

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alys

is.pd

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Mon

golia

2002

Mem

oran

dum

on th

e La

w o

fM

ongo

lia o

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blic

Rad

ioan

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levi

sion

Art

icle

19

Mem

oran

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offe

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n ov

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men

datio

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w c

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Mon

golia

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w o

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blic

Rad

io a

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mig

ht b

e ad

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The

sere

com

men

datio

ns re

late

to th

e pr

oces

s of

app

oint

ing

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Rep

rese

ntat

ive

Gov

erni

ng B

oard

, whi

ch is

larg

ely

unde

r the

cont

rol o

f gov

ernm

ent a

nd a

ll of

the

shar

es o

f the

bro

adca

ster

are

vest

ed in

the

gove

rnm

ent;

the

draf

t law

’s tre

atm

ent o

f the

role

and

miss

ion

of th

e pu

blic

bro

adca

ster

; and

the

lack

of g

uara

ntee

dac

cess

to p

artic

ular

pub

lic s

ourc

es o

f fun

ding

(or a

ny d

etai

lre

gard

ing

how

pub

lic fu

ndin

g w

ould

ope

rate

).

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

mon

golia

.psb

.02.

pdf

Nam

ibia

2006

Mem

oran

dum

on th

e D

raft

Com

mun

icat

ions

Bill

of N

amib

ia

Art

icle

19

Mem

oran

dum

ana

lyze

s N

amib

ia’s

draf

t com

mun

icat

ions

bill

usin

g in

tern

atio

nal s

tand

ards

on

free

dom

of e

xpre

ssio

n an

dbr

oadc

ast r

egul

atio

n, a

nd p

rovi

des

reco

mm

enda

tions

on

the

natu

re a

nd fu

nctio

ns o

f the

pro

pose

d re

gula

tory

bod

y, a

nd o

nth

e re

gula

tion

of b

road

cast

ing

serv

ices

, with

par

ticul

ar r

egar

d to

the

inde

pend

ence

of t

he b

ody.

It s

tate

s th

at w

ithou

t suf

ficie

ntgu

aran

tees

of i

ndep

ende

nce,

the

regu

lato

ry b

ody

mig

ht b

esu

bjec

t to

min

ister

ial i

nflu

ence

or

cont

rol.

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ww

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19.o

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nam

ibia

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adca

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g-la

w.p

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Nep

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eedo

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Nep

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. It s

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rovi

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Nep

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ress

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orm

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Stat

e m

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uara

ntee

str

uctu

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inde

pend

ence

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mul

gatin

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gisla

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prov

idin

g fo

r

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19.o

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Rep

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Mem

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Cod

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Rep

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of

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Art

icle

19

Mem

oran

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lyze

s th

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udio

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ode

of th

eR

epub

lic o

f Mol

dova

in li

ght o

f int

erna

tiona

l sta

ndar

ds o

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edom

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xpre

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n. It

rem

arks

that

the

draf

t cod

e se

eks

tore

gula

te th

e co

untry

’s en

tire

broa

dcas

t sec

tor,

incl

udin

g th

eaw

ardi

ng o

f lic

ense

s to

priv

atel

y ow

ned

chan

nels

and

the

man

agem

ent o

f the

cou

ntry

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blic

ser

vice

bro

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ster

. It

addi

tiona

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etai

ls co

ncer

ns re

gard

ing

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prop

osed

cen

traliz

atio

nof

resp

onsib

ilitie

s w

ithin

the

new

regu

lato

r, w

hich

will

add

ition

ally

act a

s th

e su

perv

isory

bod

y fo

r the

pub

lic s

ervi

ce b

road

cast

er. T

hem

emor

andu

m a

lso d

etai

ls co

ncer

ns re

gard

ing

the

abse

nce

ofpr

ovisi

ons

that

pro

vide

for c

omm

unity

radi

o in

the

draf

t cod

e.

http

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ww

.art

icle

19.o

rg/p

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anal

ysis/

mol

dova

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Pale

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aw

Toby

Men

del

and

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Kha

shan

Prov

ides

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ram

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r m

edia

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ales

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usin

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atio

nal s

tand

ards

and

goo

d pr

actic

es.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

pale

stin

e-m

edia

-fr

amew

ork.

pdf

gove

rnm

enta

l tra

nspa

renc

y an

d gi

ving

full

effe

ct to

the

right

tokn

ow; a

men

ding

the

Wor

king

Jour

nalis

ts A

ct o

f 199

5 to

impr

ove

prot

ectio

n fo

r jo

urna

lists

; and

enc

oura

ging

com

preh

ensiv

e re

form

s of

med

ia la

w a

nd r

egul

atio

n in

Nep

al.

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Rep

ublic

of

Mon

tene

gro

2005

Key

Rec

omm

enda

tions

on th

e La

w o

nFr

ee A

cces

s to

Info

rmat

ion

of

the

Rep

ublic

of

Mon

tene

gro

Art

icle

19

Rep

ort p

rovi

des

a se

ries

of r

ecom

men

datio

ns d

esig

ned

to b

ring

the

Rep

ublic

of M

onte

negr

o’s

draf

t Law

on

Free

Acc

ess

toIn

form

atio

n in

line

with

inte

rnat

iona

l sta

ndar

ds a

nd g

ood

prac

tices

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

mon

tene

gro-

recs

-m

ay-2

005.

pdf

351

Rom

ania

1997

Rom

ania

: An

Ana

lysis

of

Med

ia L

aw a

ndPr

actic

e

Mon

ica

Mac

ovei

, with

Ed R

ekos

h

Art

icle

19

Rep

ort e

xam

ines

the

fram

ewor

k of

med

ia la

w a

nd p

olic

y in

Rom

ania

, and

offe

rs r

ecom

men

datio

ns o

n ho

w R

oman

ian

law

(rel

ated

to fr

eedo

m o

f exp

ress

ion)

mig

ht b

e br

ough

t in

line

with

inte

rnat

iona

l sta

ndar

ds, p

artic

ular

ly th

ose

of th

e Eu

rope

anC

onve

ntio

n on

Hum

an R

ight

s. It

is in

tend

ed to

be

a re

sour

cefo

r R

oman

ian

jour

nalis

ts a

nd le

gisla

tors

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

rom

ania

-med

ia-la

w-a

nd-

prac

tice.

pdf

Rus

sia20

03M

emor

andu

mon

Rus

sian

Fede

ral D

raft

Law

“O

n M

ass

Med

ia”

Art

icle

19

Mem

oran

dum

pro

vide

s a

prov

ision

-by-

prov

ision

ana

lysis

of t

heR

ussia

n fe

dera

l gov

ernm

ent’s

Law

“O

n M

ass

Med

ia,”

as w

ell a

sits

com

plia

nce

with

inte

rnat

iona

l sta

ndar

ds. I

t pra

ises

the

law

for

incl

udin

g a

clea

r pr

ohib

ition

aga

inst

Sta

te c

enso

rshi

p, p

rote

ctin

gco

nfid

entia

l sou

rces

, and

est

ablis

hing

a s

yste

m to

allo

cate

licen

ses

to p

rivat

e br

oadc

aste

rs. H

owev

er it

con

clud

es th

at th

ela

w la

cks

prov

ision

s th

at e

nsur

e in

depe

nden

ce o

f the

reg

ulat

ory

bodi

es, r

egul

ates

jour

nalis

ts’ r

ight

s an

d du

ties,

and

impo

ses

cont

ent r

equi

rem

ents

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

russ

ia.m

ed.0

3.pd

f

Sier

raLe

one

2004

Sier

ra L

eone

—K

ey F

indi

ngs

from

200

4Ex

tern

alEv

alua

tion

Sear

ch fo

rC

omm

onG

roun

d (S

FCG

)

Stud

y ev

alua

ted

the

role

of i

nfor

mat

ion

in s

ocia

l cha

nge

inSi

erra

Leo

ne, a

s w

ell a

s th

e ef

fect

iven

ess

and

impa

ct o

f Sea

rch

for

Com

mon

Gro

und’

s ef

fort

s in

the

coun

try.

Eva

luat

ors

cond

ucte

d in

terv

iew

s w

ith s

take

hold

ers

(incl

udin

g in

divi

dual

s,fo

cus

grou

ps, a

nd r

epre

sent

ativ

es fr

om c

erta

in o

rgan

izat

ions

).Th

e ev

alua

tion

incl

udes

feed

back

from

hist

oric

ally

disa

dvan

tage

d gr

oups

.

http

://w

ww

.sfcg

.org

/sfc

g/ev

alua

tio

ns/s

umm

ary_

sl.pd

f#se

arch

=%

22C

omm

unity

%20

radi

o%20

eval

uatio

n%22

Solo

mon

Isla

nds

2003

Mem

oran

dum

on th

eBr

oadc

astin

g19

76 O

rdin

ance

of th

e So

lom

onIs

land

s

Art

icle

19

Mem

oran

dum

ana

lyze

s th

e Br

oadc

astin

g 19

76 O

rdin

ance

of

the

Solo

mon

Isla

nds

whi

ch e

stab

lishe

d th

e pu

blic

ser

vice

broa

dcas

ter

(the

Sol

omon

Isla

nds

Broa

dcas

ting

Cor

pora

tion)

inlig

ht o

f int

erna

tiona

l sta

ndar

ds a

nd o

ffers

rec

omm

enda

tions

on

how

to e

nhan

ce it

s in

depe

nden

ce.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

solo

mon

-isla

nd.b

ro.

03.p

df

352

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Sout

hA

fric

a20

04C

hang

ing

Med

ia P

olic

ies

in S

outh

Afr

ica

Will

iam

Bird

Wor

ldA

ssoc

iatio

n fo

rC

hrist

ian

Com

mun

icat

ion

Web

page

pro

vide

s in

form

atio

n on

the

Med

ia M

onito

ring

Proj

ect,

an in

depe

nden

t, no

ngov

ernm

enta

l org

aniz

atio

n th

atm

onito

rs th

e m

edia

with

in a

hum

an r

ight

s fr

amew

ork,

whi

chha

s ex

amin

ed th

e ra

ce a

nd r

acism

, gen

der

issue

s, yo

uth

issue

s,an

d H

IV/A

IDS

issue

s in

the

med

ia.

http

://w

ww

.wac

c.or

g.uk

/wac

c/pu

blic

atio

ns/m

edia

_de

velo

pmen

t/ar

chiv

e/20

04_1

/ch

angi

ng_m

edia

_pol

icy_

in_

sout

h_af

rica

Sri L

anka

2007

Pres

s Fr

eedo

man

d Fr

eedo

m o

fEx

pres

sion

inSr

i Lan

ka:

Stru

ggle

for

Surv

ival

Inte

rnat

iona

lPr

ess

Free

dom

and

Free

dom

of

Expr

essio

nM

issio

n

Rep

ort e

xam

ines

the

curr

ent s

ituat

ion

of th

e Si

nhal

a, T

amil,

and

Engl

ish la

ngua

ge m

edia

in S

ri La

nka,

with

par

ticul

ar r

egar

d to

effe

cts

of r

estr

ictio

ns o

n th

e fr

ee fl

ow o

f inf

orm

atio

n th

roug

hTa

mil

lang

uage

med

ia o

utle

ts. I

t offe

rs fi

ndin

gs r

elat

ed to

saf

ety,

info

rmal

cen

sors

hip,

and

med

ia p

olic

y re

form

s.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

publ

icat

ions

/sri-

lank

a-m

issio

n-rp

t.pdf

Suda

n20

06D

raft

Publ

icSe

rvic

eBr

oadc

astin

g Bi

ll

Art

icle

19

Dra

ft Pu

blic

Ser

vice

Bro

adca

stin

g Bi

ll fo

r So

uthe

rn S

udan

,pr

esen

ted

to th

e so

uthe

rn M

inist

er o

f Inf

orm

atio

n, to

be

cons

ider

ed fo

r pr

omul

gatio

n.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

sout

hern

-sud

an-p

ublic

-se

rvic

e-br

oadc

astin

g-bi

l.pdf

Suda

n20

06D

raft

Med

iaPo

licy

Fram

ewor

k

Art

icle

19

Dra

ft M

edia

Pol

icy

Fram

ewor

k fo

r So

uthe

rn S

udan

, pre

sent

edto

the

sout

hern

Min

ister

of I

nfor

mat

ion,

to b

e co

nsid

ered

for

prom

ulga

tion.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

sout

hern

-sud

an-m

edia

-po

licy-

fram

ewor

k.pd

f

Suda

n20

06D

raft

Bill

toPr

omot

e M

edia

Self-

Reg

ulat

ion

Art

icle

19

Dra

ft Bi

ll to

allo

w th

e es

tabl

ishm

ent o

f sel

f-reg

ulat

ory

mec

hani

sms

for

the

med

ia fo

r So

uthe

rn S

udan

, pre

sent

ed to

the

sout

hern

Min

ister

of I

nfor

mat

ion,

to b

e co

nsid

ered

for

prom

ulga

tion.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

sout

hern

-sud

an-

prom

otio

n-of

-sel

f-re

gula

tion-

bi.p

df

Suda

n20

06D

raft

Broa

dcas

ting

Bill

Art

icle

19

Dra

ft Bi

ll to

pro

vide

for

the

regu

latio

n of

inde

pend

ent,

plur

alist

ic b

road

cast

ing

in th

e pu

blic

inte

rest

in S

udan

.ht

tp:/

/ww

w.a

rtic

le19

.org

/pdf

s/an

alys

is/so

uthe

rn-s

udan

-br

oadc

astin

g-bi

ll.pd

f

353

Tanz

ania

2007

Mem

oran

dum

on th

eTa

nzan

ian

Med

ia S

ervi

ces

Bill

2007

Art

icle

19

Ana

lysis

of T

anza

nia’

s dr

aft M

edia

Ser

vice

s Bi

ll of

200

7, w

hich

prop

oses

to r

egul

ate

prin

t and

bro

adca

st m

edia

in T

anza

nia

bycr

eatin

g a

regi

stra

tion

mec

hani

sm fo

r in

divi

dual

jour

nalis

ts a

ndpr

int m

edia

out

lets

. It f

urth

er p

rovi

des

for

a M

edia

Sta

ndar

dsBo

ard

and

a lic

ensin

g re

gim

e fo

r br

oadc

aste

rs, w

hich

will

impo

sece

rtai

n co

nten

t res

tric

tions

on

broa

dcas

ting

for

the

purp

ose

ofpr

otec

ting

conf

iden

tial s

ourc

es o

f inf

orm

atio

n. T

he d

raft

bill

addi

tiona

lly e

stab

lishe

s a

new

def

amat

ion

regi

me

for

Tanz

ania

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

tanz

ania

-med

ia-

serv

ices

-bill

.pdf

Tajik

istan

2002

Mem

oran

dum

on th

e La

ws

inTa

jikist

anR

egul

atin

g M

ass

Med

ia

Art

icle

19

Mem

oran

dum

not

es th

at th

e la

ws

in T

ajik

istan

that

reg

ulat

e m

ass

med

ia p

rovi

de fo

r gu

aran

tees

for

med

ia fr

eedo

m, a

sys

tem

for

allo

catin

g lic

ense

s to

priv

ate

broa

dcas

ters

, a s

yste

m fo

r ac

cess

ing

info

rmat

ion

held

by

publ

ic b

odie

s, an

d le

gal r

equi

rem

ents

that

dom

estic

law

s co

mpl

y w

ith in

tern

atio

nal l

aw. I

t also

out

lines

the

oblig

atio

ns o

f Taj

ikist

an to

pro

mot

e an

d pr

otec

t fre

edom

of

expr

essio

n un

der

inte

rnat

iona

l law

, and

offe

rs r

ecom

men

datio

nsfo

r ho

w th

e la

ws

mig

ht b

e br

ough

t in

line

with

inte

rnat

iona

lst

anda

rds

rela

ting

the

law

s’ pr

ovisi

ons

on: t

he r

egist

ratio

n of

the

med

ia; t

he r

egul

atio

n of

jour

nalis

ts; t

he r

egul

ator

y re

gim

e fo

rbr

oadc

astin

g; c

onte

nt is

sues

; def

amat

ion;

priv

acy;

pro

tect

ion

ofso

urce

s; pe

nalti

es; a

nd fr

eedo

m o

f inf

orm

atio

n.

http

://w

ww

.arti

cle1

9.or

g/pd

fs/

anal

ysis/

tajik

istan

.med

.02.

pdf

Uga

nda

1990

Mas

s M

edia

as

Age

ncie

s of

Soci

aliz

atio

n in

Uga

nda

Jaco

b M

atov

uA

rtic

le a

sses

ses

mas

s m

edia

(pr

int a

nd b

road

cast

ing)

in U

gand

ain

term

s of

its

cont

ribut

ions

to s

ocia

lizat

ion.

It c

oncl

udes

that

mas

s m

edia

in U

gand

a ha

s be

en a

n in

effe

ctiv

e ag

ent o

f nat

iona

lso

cial

izat

ion

beca

use

few

hav

e ac

cess

to te

levi

sion,

and

prin

tm

edia

is u

nder

utili

zed

beca

use

of lo

w n

atio

nal l

itera

cy le

vels

(par

ticul

arly

in r

ural

are

as, w

here

the

maj

ority

of t

he U

gand

anpo

pula

tion

is co

ncen

trat

ed),

and

the

lack

of a

n ef

fect

ive

dist

ribut

ion

syst

em.

http

://j

bs.sa

gepu

b.co

m/c

gi/

cont

ent/

cita

tion/

20/3

/342

354

Ukr

aine

2005

Mem

oran

dum

on th

e D

raft

Publ

ic S

ervi

ceBr

oadc

astin

gLa

w fo

r U

krai

ne

Art

icle

19

Mem

oran

dum

exa

min

es th

e dr

aft l

aw in

ligh

t of i

nter

natio

nal

stan

dard

s on

free

dom

of e

xpre

ssio

n an

d br

oadc

astin

g re

gula

tion,

with

par

ticul

ar re

gard

to it

s pr

opos

ed s

truct

ure

of th

e su

perv

isory

and

man

ager

ial b

odie

s of

Pub

lic T

elev

ision

and

Rad

io B

road

cast

ing.

It fu

rther

sug

gest

s th

at th

e in

depe

nden

ce o

f the

se e

ntiti

es s

houl

dbe

exp

licit,

and

a s

tate

men

t tha

t Pub

lic T

elev

ision

and

Rad

ioBr

oadc

astin

g w

ill n

ot b

e re

quire

d to

car

ry s

tate

-man

date

dpr

ogra

mm

ing

shou

ld b

e ad

ded

to th

e la

ngua

ge o

f the

law

.

http

://w

ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

ukra

ine.

psb.

05.p

df

Ukr

aine

2004

Pres

s Fr

eedo

mD

urin

g th

e19

94 a

nd 1

999

Pres

iden

tial

Elec

tions

inU

krai

ne: A

Rev

erse

Wav

e?

Ole

naN

ikol

ayen

koA

rtic

le a

naly

zes

post

com

mun

ist m

edia

dev

elop

men

t in

Ukr

aine

,fo

cusin

g on

the

1994

and

199

9 pr

esid

entia

l ele

ctio

ns. I

tpr

ovid

es a

n ov

ervi

ew o

f the

pol

itica

l, ec

onom

ic, a

nd le

gal

cont

exts

for

med

ia d

evel

opm

ent i

n po

stco

mm

unist

Ukr

aine

and

show

s th

at p

ress

free

dom

dec

lined

bet

wee

n th

e ea

rly a

ndla

te 1

990s

as

a re

sult

of in

tens

ified

gov

ernm

ent p

ress

ure,

med

iaow

ners

’ aut

horit

y ov

er e

dito

rial c

onte

nt, a

nd th

e pe

rsist

ence

of

Sovi

et r

heto

ric in

sta

te-o

wne

d ne

ws

med

ia.

http

://w

ww

.info

rmaw

orld

.com

/sm

pp/c

onte

nt~

cont

ent=

a713

6189

49~

db=

all

(for

pur

chas

e)

Uzb

ekist

an20

04M

emor

andu

mon

the

Law

of

the

Rep

ublic

of

Uzb

ekist

an o

nM

ass

Med

ia

Rep

rese

ntat

ive

on F

reed

om o

fth

e M

edia

of t

heO

rgan

izat

ion

for

Secu

rity

and

Coo

pera

tion

inEu

rope

and

Art

icle

19

Mem

oran

dum

exa

min

es th

e 19

97 la

w in

ligh

t of i

nter

natio

nal

stan

dard

s on

free

dom

of e

xpre

ssio

n an

d br

oadc

astin

gre

gula

tion,

with

par

ticul

ar r

egar

d to

the

law

’s br

oad

trea

tmen

tof

med

ia r

egul

atio

n. S

peci

fical

ly, t

he la

w r

egul

ates

all

aspe

cts

and

field

s of

mas

s m

edia

(br

oadc

ast m

edia

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legi

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; Sou

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(199

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1); V

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ria (1

982)

; and

Wes

tern

Aus

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992)

.

http

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1992

Gov

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pro

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and

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2000

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Gov

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357

Can

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199

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Gov

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Can

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B-9.

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Gov

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Com

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Can

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Fran

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sta

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Con

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mun

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ith th

e te

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prov

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Japa

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ssem

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ww

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359

Moz

ambi

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1992

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com

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(LA

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ernm

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unic

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fras

truc

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dse

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es in

Moz

ambi

que.

It c

onta

ins

prov

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est

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to g

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ava

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of a

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r pu

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, for

the

com

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nee

ds o

f citi

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, and

of e

cono

mic

and

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activ

ities

.

http

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ww

.itu.

int/

ITU

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treg

/Leg

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Moz

ambi

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law

.htm

Mex

ico

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ia.p

df

Paki

stan

2002

Free

dom

of

Info

rmat

ion

Ord

inan

ce20

02(O

rdin

ance

No.

XC

VI O

F20

02)

Gov

ernm

ent o

fPa

kist

anO

rdin

ance

gra

nts

impr

oved

acc

ess

to p

ublic

rec

ords

in th

ein

tere

sts

of tr

ansp

aren

cy, f

reed

om o

f inf

orm

atio

n, a

nd in

crea

seth

e ac

coun

tabi

lity

of th

e fe

dera

l gov

ernm

ent.

The

law

spec

ifica

lly g

rant

s ci

tizen

s th

e rig

ht o

f acc

ess

to p

ublic

rec

ords

held

by

min

istrie

s, de

part

men

ts, b

oard

s, co

unci

ls, c

ourt

s, an

dtr

ibun

als.

Thes

e bo

dies

are

obl

igat

ed to

res

pond

to r

eque

sts

with

in tw

enty

-one

day

s, an

d re

ques

tors

hav

e th

e rig

ht to

app

eal

refu

sals

to in

form

atio

n re

ques

ts.

http

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ww

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p.sd

npk.

org/

ordi

nanc

e_of

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2.ht

m

Pola

nd19

92Br

oadc

astin

gA

ct o

fD

ecem

ber

29,

1992

Gov

ernm

ent o

fPo

land

Act

s se

ts o

ut th

at th

e pu

rpos

es o

f rad

io a

nd te

levi

sion

broa

dcas

ting

in P

olan

d in

clud

e: p

rovi

ding

info

rmat

ion;

ens

urin

gac

cess

to c

ultu

re a

nd a

rt; f

acili

tatin

g ac

cess

to le

arni

ng a

ndsc

ient

ific

achi

evem

ents

; diss

emin

atin

g ci

vil e

duca

tion;

pro

vidi

ngen

tert

ainm

ent;

and

prom

otin

g do

mes

tic p

rodu

ctio

n of

audi

ovisu

al w

orks

.

http

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ww

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it.go

v.pl

/an

giel

ska/

act.p

df

360

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erag

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arTo

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Sour

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mm

ary

Web

site

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unic

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ctN

o. 1

3 of

2000

)

Gov

ernm

ent o

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uth

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ica

Act

pro

vide

s fo

r the

est

ablis

hmen

t of t

he In

depe

nden

tC

omm

unic

atio

ns A

utho

rity

of S

outh

Afri

ca, a

n in

depe

nden

tre

gula

tory

aut

horit

y, d

issol

ves

the

prio

r nat

iona

l bro

adca

stin

gau

thor

ity, a

nd a

men

ds a

pplic

able

law

s to

pro

vide

for t

he n

ewre

gula

tory

aut

horit

y. It

is d

esig

ned

to re

gula

te b

road

cast

ing

and

tele

com

mun

icat

ions

in th

e pu

blic

inte

rest

and

to e

nsur

e fa

irnes

san

d a

dive

rsity

of v

iew

s br

oadl

y re

pres

entin

g So

uth

Afri

can

soci

ety.

http

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ww

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g.za

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anag

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files

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cum

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sa_a

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Sout

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a19

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oadc

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ct (

No.

4 o

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99)

Gov

ernm

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fSo

uth

Afr

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see

ks to

red

evel

op th

e na

tiona

l bro

adca

stin

g sy

stem

so

itm

ight

ref

lect

the

iden

tity

and

dive

rse

natu

re o

f Sou

th A

fric

a. It

esta

blish

es a

bro

adca

stin

g po

licy

in th

e pu

blic

inte

rest

for

reas

ons

that

incl

ude:

con

trib

utin

g to

dem

ocra

cy, d

evel

opin

g so

ciet

y,ge

nder

equ

ality

, nat

ion

build

ing,

and

pro

vidi

ng fo

r ed

ucat

ion;

stre

ngth

enin

g th

e cu

ltura

l, po

litic

al, s

ocia

l, an

d ec

onom

ic fa

bric

of S

outh

Afr

ica;

enc

oura

ging

ow

ners

hip

and

cont

rol o

fbr

oadc

astin

g se

rvic

es a

mon

g hi

stor

ical

ly d

isadv

anta

ged

grou

ps;

ensu

ring

plur

ality

of b

road

cast

ing

cont

ent;

deve

lopi

ng h

uman

reso

urce

s, tr

aini

ng, a

nd c

apac

ity b

uild

ing

with

in th

e br

oadc

astin

gse

ctor

, par

ticul

arly

am

ong

hist

oric

ally

disa

dvan

tage

d gr

oups

;en

surin

g fa

ir co

mpe

titio

n in

the

broa

dcas

ting

sect

or a

nd e

nsur

ing

effic

ient

use

of t

he b

road

cast

ing

freq

uenc

y sp

ectr

um; p

rovi

ding

for

a th

ree-

tier

syst

em o

f pub

lic, c

omm

erci

al, a

nd c

omm

unity

broa

dcas

ting

serv

ices

.

http

://w

ww

.info

.gov

.za/

gaze

tte/a

cts/

1999

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99.p

df

Swed

en19

80Th

e Se

crec

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ct(S

ekre

tess

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SFS

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ernm

ent o

fSw

eden

Act

set

s ou

t wha

t inf

orm

atio

n m

ust b

e ke

pt s

ecre

t in

stat

e an

dm

unic

ipal

act

iviti

es a

nd th

eref

ore

is no

t sub

ject

to d

issem

inat

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unde

r th

e Fr

eedo

m o

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ss A

ct. I

t add

ition

ally

con

tain

spr

ovisi

ons

rela

ting

to r

egist

ratio

n, m

arki

ng a

s se

cret

, the

auth

oriti

es’ o

blig

atio

n to

pro

vide

info

rmat

ion

to th

e pu

blic

and

toea

ch o

ther

, app

eals

agai

nst d

ecisi

ons

of a

utho

ritie

s, an

d m

ore.

http

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SLS/

LAG

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eedo

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ess

Act

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ntlig

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pri

ncip

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nr:

1949

:105

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Gov

ernm

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eden

Act

gra

nted

pub

lic a

cces

s to

gov

ernm

ent d

ocum

ents

and

subs

eque

ntly

bec

ame

a ke

y pr

ovisi

on o

f the

Sw

edish

con

stitu

tion.

It is

the

first

pie

ce o

f fre

edom

of i

nfor

mat

ion

legi

slatio

n in

the

mod

ern

sens

e an

d re

mai

ns in

effe

ct. I

t est

ablis

hes

the

guar

ante

eth

at th

e ge

nera

l pub

lic h

ave

an u

nim

pede

d vi

ew o

f act

iviti

espu

rsue

d by

the

gove

rnm

ent a

nd lo

cal a

utho

ritie

s an

d ap

plie

s to

all

docu

men

ts h

andl

ed b

y th

e au

thor

ities

, sub

ject

to c

erta

in e

xplic

itre

stric

tions

in s

ubse

quen

t leg

islat

ion.

Ref

usal

s to

pro

vide

info

rmat

ion,

eve

n th

ose

that

fall

with

in th

ese

rest

rictio

ns, m

ust b

eha

ndle

d in

divi

dual

ly, a

nd a

ny re

fusa

l is

subj

ect t

o ap

peal

.

http

://w

ww

.riks

dage

n.se

/te

mpl

ates

/R_P

age —

6313

.asp

x

Thai

land

1997

Offi

cial

Info

rmat

ion

Act

of B

.E. 2

540

(199

7)

Gov

ernm

ent o

fTh

aila

ndA

ct g

rant

s th

e rig

ht to

req

uest

offi

cial

info

rmat

ion

from

any

stat

e bo

dy in

clud

ing

cent

ral,

prov

inci

al, a

nd lo

cal

adm

inist

ratio

ns, S

tate

ent

erpr

ises,

the

cour

ts, p

rofe

ssio

nal

supe

rviso

ry o

rgan

izat

ions

, ind

epen

dent

sta

te a

genc

ies,

and

mor

e(t

houg

h ce

rtai

n in

depe

nden

t bod

ies,

incl

udin

g th

e A

nti-

corr

uptio

n C

omm

issio

n, a

re n

ot s

ubje

ct to

the

act)

. It r

equi

res

stat

e bo

dies

to r

espo

nd to

a r

eque

st fo

r in

form

atio

n w

ithin

a“r

easo

nabl

e tim

e,”

and

cert

ain

rest

rictio

ns a

pply

.

http

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ww

.coe

.int/

t/e/

lega

l_af

fairs

/leg

al_c

o-op

erat

ion/

data

_pro

tect

ion/

docu

men

ts/

natio

nal_

law

s/TH

AI_

Info

act_

BE_

2540

.pdf

Uni

ted

Kin

gdom

2003

Com

mun

icat

ions

Act

of 2

003

Gov

ernm

ent o

fth

e U

nite

dK

ingd

om

Act

pro

vide

s fo

r th

e es

tabl

ishm

ent o

f the

Offi

ce o

fC

omm

unic

atio

ns (

or “

Ofc

om”)

, an

inde

pend

ent r

egul

ator

ybo

dy. I

t fur

ther

pro

vide

s le

gal r

ecog

nitio

n of

com

mun

ity r

adio

and

intr

oduc

es fu

ll-tim

e co

mm

unity

rad

io s

ervi

ces

in th

e U

nite

dK

ingd

om. I

t add

ition

ally

rem

oves

cer

tain

res

tric

tions

on

cros

s-m

edia

ow

ners

hip.

http

://w

ww

.ops

i.gov

.uk/

acts

/act

s20

03/2

0030

021.

htm

(s

ee a

lso)

http

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ww

. com

mun

icat

ions

act

.gov

.uk/

362

Uni

ted

Kin

gdom

2000

Free

dom

of

Info

rmat

ion

Act

of 2

000

Gov

ernm

ent o

fth

e U

nite

dK

ingd

om

Act

set

s ou

t the

gen

eral

rig

ht o

f acc

ess

to in

form

atio

n he

ld b

ypu

blic

aut

horit

ies.

It fu

rthe

r re

quire

s ea

ch p

ublic

bod

y to

deve

lop

and

impl

emen

t a p

ublic

atio

n sc

hem

e (s

ubje

ct to

the

appr

oval

of t

he in

form

atio

n co

mm

issio

ner)

, whi

ch d

etai

ls th

ecl

asse

s of

info

rmat

ion

it w

ill p

ublis

h, a

pplic

able

fees

, and

the

man

ner

in w

hich

it w

ill p

ublis

h th

is in

form

atio

n.

http

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ww

.ops

i.gov

.uk/

Act

s/ac

ts20

00/2

0000

036.

htm

Uni

ted

Stat

es20

02Th

e Fr

eedo

m o

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form

atio

n A

ct(5

U.S

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552

)

Gov

ernm

ent o

fth

e U

nite

d St

ates

of A

mer

ica

Act

req

uire

s fe

dera

l age

ncie

s to

disc

lose

offi

cial

rec

ords

requ

este

d in

writ

ing

by a

ny p

erso

n (s

ubje

ct to

nin

e ex

empt

ions

and

thre

e ex

clus

ions

con

tain

ed in

the

act)

. The

act

app

lies

excl

usiv

ely

to fe

dera

l age

ncie

s an

d do

es n

ot c

reat

e a

right

of

acce

ss to

rec

ords

hel

d by

Con

gres

s, by

the

cour

ts, o

r by

sta

te o

rlo

cal g

over

nmen

t age

ncie

s. Ea

ch s

tate

has

dev

elop

ed it

s ow

npu

blic

acc

ess

law

s go

vern

ing

acce

ss to

sta

te a

nd lo

cal r

ecor

ds.

http

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ww

.usd

oj.g

ov/o

ip/

foia

stat

.htm

(see

also

)ht

tp:/

/ww

w.u

sdoj

.gov

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TAB

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Med

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over

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erag

eYe

arTo

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Sour

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Web

site

Glo

bal

2006

Pers

pect

ives

on

Adv

anci

ngG

over

nanc

e &

Dev

elop

men

tfr

om th

e G

loba

lFo

rum

for

Med

iaD

evel

opm

ent

Mar

k H

arve

y(e

dito

r)

Inte

rnew

sEu

rope

and

the

Glo

bal F

orum

on M

edia

Dev

elop

men

t

Rep

ort e

xam

ines

the

role

of t

he m

edia

in e

ffect

ive

deve

lopm

ent a

nd s

ets

out t

he fo

llow

ing

five

core

mes

sage

s to

the

inte

rnat

iona

l dev

elop

men

t com

mun

ity: 1

) In

depe

nden

tm

edia

are

inte

gral

to g

ood

gove

rnan

ce, a

nd s

uppo

rt s

houl

d be

mai

nstr

eam

ed a

cros

s bo

th p

olic

y an

d pr

actic

e; 2

) R

esea

rch

onth

e im

pact

of m

edia

and

com

mun

icat

ions

on

the

poor

nee

ds to

be s

tren

gthe

ned;

3)

Inde

pend

ent m

edia

sys

tem

s th

at a

rein

clus

ive

and

resp

onsiv

e to

div

ersit

y pl

ay a

key

rol

e in

prev

entin

g th

e ex

clus

ion

of v

oice

s th

at b

reed

ext

rem

ism; 4

)Th

e la

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edia

cov

erag

e of

the

exte

rnal

driv

ing

forc

esof

cha

nge

on p

oor

coun

trie

s, in

clud

ing

inte

rnat

iona

l tra

de,

clim

ate

chan

ge, a

nd g

loba

l hea

lth, i

s ge

nera

ting

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its in

gove

rnan

ce th

roug

h co

ntin

ued

publ

ic d

iseng

agem

ent i

n th

ese

issue

s; an

d 5)

dev

elop

men

t age

ncie

s sh

ould

eng

age

the

glob

alm

edia

ass

istan

ce c

omm

unity

to c

ontr

ibut

e to

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Mill

enni

umD

evel

opm

ent G

oals,

suc

h as

sup

port

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med

ia p

olic

y an

dle

gisla

tion,

the

deve

lopm

ent o

f jou

rnal

ism a

ssoc

iatio

ns, t

hepr

ovisi

on o

f affo

rdab

le c

apita

l, pr

ofes

siona

l tra

inin

g, a

nd th

eca

paci

ty-b

uild

ing

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dige

nous

med

ia a

ssist

ance

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ns.

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info

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TER

S.pd

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bal

2004

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erna

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Red

ux: T

heEm

piric

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halle

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Dan

iel

Kau

fman

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hapt

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at th

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over

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licy

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(i.e

., th

eun

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rman

ce o

f gov

erna

nce)

per

sists

thro

ugho

ut th

ew

orld

, des

pite

pro

gres

s m

ade

in m

any

coun

trie

s in

impr

ovin

gth

e co

nten

t of m

acro

econ

omic

pol

icie

s. It

give

s ex

ampl

es o

fan

d se

eks

to q

uant

ify “

gove

rnan

ce d

efic

its,”

or th

eph

enom

enon

in c

erta

in c

ount

ries

whe

re le

vels

of g

over

nanc

ear

e in

suffi

cien

t to

supp

ort i

ncom

e le

vels

and/

or g

row

th p

ath.

It

furt

her

stat

es th

at fi

rms

from

em

ergi

ng e

cono

mie

s id

entif

y

http

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ldba

nk.o

rg/w

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df/

govr

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.pdf

364

corr

uptio

n an

d ex

cess

ive

bure

aucr

acy

as p

rimar

y co

nstr

aint

s to

busin

ess

oper

atio

ns. R

espo

nden

t firm

s fr

om th

e O

ECD

iden

tify

exce

ssiv

e bu

reau

crac

y an

d ta

x re

gim

e as

top

cons

trai

nts.

Infla

tion

and

exch

ange

rat

e re

gim

es a

re n

ot r

ated

as

signi

fican

tco

nstr

aint

s to

bus

ines

s op

erat

ions

.

Glo

bal

2003

Do

Mor

eTr

ansp

aren

tG

over

nmen

tsG

over

n Be

tter?

Po

licy

Res

earc

hW

orki

ng P

aper

3077

Rou

mee

n Is

lam

The

Wor

ld B

ank

Wor

king

pap

er e

xplo

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the

link

betw

een

info

rmat

ion

flow

san

d go

vern

ance

(i.e

., in

stitu

tiona

l qua

lity)

. It s

tate

s th

atin

form

atio

n is

cruc

ial i

n ec

onom

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eory

, eith

er d

irect

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ffect

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info

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cono

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dat

a ar

epu

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cou

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edia

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ht u

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emoc

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bal

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The

Cor

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xand

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ors

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arou

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rgue

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s be

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urna

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tate

s th

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med

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d pr

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s w

ell a

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stitu

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atio

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rnat

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ased

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e ar

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es w

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ropo

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rom

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urna

lism

thro

ugh

grea

ter

free

dom

, bal

ance

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div

ersit

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med

ia r

epre

sent

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ns.

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bal

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Med

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Cor

rupt

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Ric

k St

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t

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Wor

ld B

ank

Wor

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pap

er e

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expo

sed

corr

upt

offic

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pro

mpt

ed in

vest

igat

ions

by

offic

ial b

odie

s, re

info

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wor

k an

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gitim

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oth

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ts a

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eir

antic

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us p

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the

need

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ess

free

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med

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eene

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Art

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e ty

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used

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e sp

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s im

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d m

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d re

al d

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in e

ach

ofth

ese

natio

ns, d

espi

te tr

ends

else

whe

re fo

r m

ore

open

med

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Whi

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pap

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w to

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Euro

pean

Uni

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to a

ctor

s in

aco

oper

ativ

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rope

an p

oliti

cal p

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ss, a

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thus

ana

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; and

dev

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a pr

ofes

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com

mun

icat

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str

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http

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c.eu

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df

Indi

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Res

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an o

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of t

he ty

pes

of in

stitu

tions

that

mig

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ce g

over

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t res

pons

iven

ess

to c

itize

ns’

need

s, us

ing

Indi

a as

a c

ase

stud

y. It

con

clud

es th

at in

form

atio

nflo

ws

rela

ting

to p

olic

y ac

tions

are

nec

essa

ry to

incr

ease

gove

rnm

ent r

espo

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enes

s, an

d th

at th

e m

ass

med

ia in

part

icul

ar c

an c

reat

e in

cent

ives

for

gove

rnm

ents

to r

espo

nd to

citiz

ens’

need

s.

http

://e

con.

lse.a

c.uk

/~tb

esle

y/pa

pers

/med

ia.p

df

Sier

raLe

one

2001

Sier

ra L

eone

:U

sing

Rad

io to

Figh

t Cor

rupt

ion

Dev

elop

ing

Rad

io P

artn

ers

Web

page

pro

vide

s a

case

stu

dy o

f how

inde

pend

ent r

adio

stat

ions

in S

ierr

a Le

one

com

bat c

orru

ptio

n, h

elp

to c

ivic

ally

enga

ge li

sten

ers,

and

help

to in

crea

se th

eir

self-

dete

rmin

atio

n.

http

://w

ww

.dev

elop

ingr

adio

part

ners

.org

/cas

eStu

dies

/sie

rraL

eone

.htm

l

Uni

ted

Kin

gdom

2005

Parli

amen

t and

Acc

ess

toIn

form

atio

n:W

orki

ng fo

rTr

ansp

aren

tG

over

nanc

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Toby

Men

del

The

Wor

ld B

ank

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Com

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wea

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Rep

ort r

ecom

men

ds w

ays

in w

hich

par

liam

enta

rians

in a

llC

omm

onw

ealth

juris

dict

ions

mig

ht c

ontr

ibut

e to

tran

spar

ent

gove

rnan

ce.

http

://s

itere

sour

ces.w

orld

-ba

nk.o

rg/W

BI/

Res

ourc

es/

Parli

amen

t_an

d_A

cces

s_to

_In

form

atio

n_w

ith_c

over

.pdf

368

Glo

bal

2005

The

Inte

rnet

and

Dem

ocra

cy:

Glo

bal C

atal

yst

or D

emoc

ratic

Dud

? (R

esea

rch

Publ

icat

ion

No.

2005

)

Mic

hael

Bes

t and

Kee

gan

Wad

e

The

Berk

man

Cen

ter

for

Inte

rnet

&So

ciet

y (H

arva

rdLa

w S

choo

l)

Stud

y ex

amin

es th

e gl

obal

effe

ct o

f the

Inte

rnet

on

dem

ocra

cyfr

om 1

992

to 2

002,

by

obse

rvin

g th

e re

latio

nshi

ps b

etw

een

mea

sure

s re

late

d to

dem

ocra

cy a

nd In

tern

et p

reva

lenc

e. It

conc

lude

s th

at a

cor

rela

tion

exist

s be

twee

n In

tern

et p

enet

ratio

nan

d a

natio

n’s

leve

l of d

emoc

ratiz

atio

n, a

nd d

emon

stra

tes

that

this

corr

elat

ion

is co

nsist

ent e

ven

whe

re c

ontr

ibut

ing

elem

ents

,su

ch a

s a

natio

n’s

geog

raph

ic r

egio

n, e

cono

mic

leve

l, an

d so

cial

deve

lopm

ent,

are

varia

ble.

http

://c

yber

.law

.har

vard

.edu

/ho

me/

uplo

ads/

503/

12-In

tern

etD

emoc

racy

.pdf

Glo

bal

2004

Crit

ical

Soc

ial

Mov

emen

ts a

ndM

edia

Ref

orm

Rob

ert A

.H

acke

tt an

dW

illia

m K

.C

arro

ll

The

Wor

ldA

ssoc

iatio

n fo

rC

hrist

ian

Com

mun

icat

ion

Art

icle

exa

min

es th

e re

latio

nshi

p be

twee

n cr

itica

l soc

ial

mov

emen

ts, s

peci

fical

ly th

ose

rela

ting

to th

e em

pow

erm

ent o

fth

e m

argi

naliz

ed a

nd c

halle

ngin

g th

e he

gem

onie

s of

dom

inan

tgr

oups

and

inst

itutio

ns, a

nd m

edia

ref

orm

to p

rom

ote

dem

ocra

tic p

rinci

ples

. It r

ecom

men

ds th

at c

ritic

al s

ocia

lm

ovem

ents

use

med

ia to

gai

n st

andi

ng in

the

publ

ic d

omai

n,be

com

e m

obili

zed

to a

ttrac

t sup

port

, and

to a

chie

ve s

ome

mea

sure

of v

alid

atio

n w

ithin

mai

nstr

eam

new

s di

scou

rse.

http

://w

ww

.wac

c.or

g.uk

/w

acc/

publ

icat

ions

/med

ia_

deve

lopm

ent/

arch

ive/

2004

_1/

criti

cal_

soci

al_m

ovem

ents

_an

d_m

edia

_ref

orm

Glo

bal

2003

Med

ia,

Dem

ocra

ti-za

tion,

and

Reg

ulat

ion

Mar

c R

aboy

Exce

rpt e

xam

ines

per

spec

tives

on

med

ia a

nd d

emoc

ratiz

atio

nin

term

s of

dem

ocra

tizin

g m

edia

and

fost

erin

g a

role

for

med

iain

the

dem

ocra

tizat

ion

of s

ocie

ties.

It st

ates

that

med

iade

moc

ratiz

atio

n is

poss

ible

whe

re th

e fo

llow

ing

five

type

s of

inte

rven

tion

are

pres

ent a

nd le

d by

five

set

s of

act

ors:

1) o

ngoi

ng c

ritic

al a

naly

sis o

f med

ia is

sues

(re

sear

cher

s);

2) m

edia

lite

racy

effo

rts

(edu

cato

rs);

3) b

uild

ing

and

oper

atin

gof

aut

onom

ous

med

ia (

alte

rnat

ive

med

ia p

ract

ition

ers)

;

http

://m

edia

.mcg

ill.c

a/fil

es/

Rab

oy_C

FSC

.pdf

TAB

LE

19M

ass

Med

ia a

nd D

emoc

ratiz

atio

n

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

369

4) p

rogr

essiv

e pr

actic

es w

ithin

mai

nstr

eam

med

ia (

jour

nalis

ts,

edito

rs, p

ublis

hers

, etc

.); a

nd 5

) po

licy

inte

rven

tion

(med

iapo

licy

activ

ists)

. The

exc

erpt

furt

her

exam

ines

the

follo

win

gfo

ur fo

rmal

atte

mpt

s to

influ

ence

med

ia d

evel

opm

ent:

1) th

elib

erta

rian

appr

oach

; 2)

self-

regu

latio

n; 3

) th

e cl

osed

clu

b, o

rto

p-do

wn

inst

itutio

nal m

odel

; and

4)

the

inst

itutio

nal a

ppro

ach.

Glo

bal

2002

Hum

anD

evel

opm

ent

Rep

ort 2

002:

Dee

peni

ngD

emoc

racy

in a

Frag

men

ted

Wor

ld

Saki

ko F

ukud

a-Pa

rr e

t al.

Uni

ted

Nat

ions

Dev

elop

men

tPr

ogra

mm

e(U

ND

P)

Rep

ort p

rovi

des

a br

oad

asse

ssm

ent o

f pov

erty

red

uctio

n ef

fort

san

d th

e pr

omot

ion

of e

quita

ble

grow

th a

gain

st U

nite

d N

atio

nsde

velo

pmen

t obj

ectiv

es, i

nclu

ding

the

Mill

enni

umD

evel

opm

ent G

oals,

with

par

ticul

ar r

egar

d to

bui

ldin

g st

rong

form

s of

dem

ocra

tic g

over

nanc

e at

all

leve

ls of

soc

iety

in th

ede

velo

ping

wor

ld. T

he r

epor

t inc

lude

s re

mar

ks o

n th

eim

port

ance

of f

ree,

inde

pend

ent m

edia

as

cruc

ial p

illar

s of

dem

ocra

cy.

http

://h

dr.u

ndp.

org/

repo

rts/

glob

al/2

002/

en/p

df/

com

plet

e.pd

f

Glo

bal

2001

Med

ia R

efor

m:

Dem

ocra

tizin

gM

edia

,D

emoc

ratiz

ing

the

Stat

e

Mon

roe

Pric

e,Be

ata

Roz

umilo

wic

z,an

d St

efaa

nVe

rhul

st

Book

exa

min

es h

ow c

hang

es in

the

polit

ical

and

inst

itutio

nal

stru

ctur

es in

cou

ntrie

s th

at a

re u

nder

goin

g a

tran

sitio

n to

war

dde

moc

racy

affe

ct th

e re

latio

nshi

ps b

etw

een

the

dom

estic

med

iaan

d th

e pu

blic

, the

sta

te, a

nd th

eir

coun

terp

arts

abr

oad.

Itex

amin

es th

e im

pact

of m

edia

on

dem

ocra

tizat

ion

in a

ser

ies

ofco

untr

ies

emer

ging

from

ext

ende

d pe

riods

of a

utho

ritar

ian

rule

.

Glo

bal

1999

The

Rol

e of

Med

ia in

Dem

ocra

cy: A

Stra

tegi

cA

ppro

ach

Cen

ter

for

Dem

ocra

cy a

ndG

over

nanc

e

Uni

ted

Stat

esA

genc

y fo

rIn

tern

atio

nal

Dev

elop

men

t

Wor

king

pap

er p

rovi

des

an o

verv

iew

to r

atio

nale

s us

ed b

yU

SAID

to d

eter

min

e su

ppor

t for

med

ia fr

eedo

m a

roun

d th

ew

orld

. Spe

cific

ally

, USA

ID u

ses

five

appr

oach

es to

med

iasu

ppor

t act

iviti

es: 1

) re

form

ing

med

ia la

w; 2

) st

reng

then

ing

cons

titue

ncie

s fo

r re

form

; 3)

rem

ovin

g ba

rrie

rs to

acc

ess;

4) tr

aini

ng; a

nd 5

) su

ppor

ting

the

capi

taliz

atio

n of

med

ia. U

sing

thes

e ap

proa

ches

, USA

ID s

eeks

to m

ove

med

ia s

ecto

rs in

http

://w

ww

.usa

id.g

ov/

our_

wor

k/de

moc

racy

_and

_go

vern

ance

/pub

licat

ions

/pd

fs/p

nace

630.

pdf

370

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Glo

bal

1998

Publ

icBr

oadc

astin

gan

d th

e G

loba

lFr

amew

ork

ofM

edia

Dem

ocra

ti-za

tion

Mar

c R

aboy

Art

icle

pro

vide

s an

ove

rvie

w o

f how

and

why

pub

licbr

oadc

astin

g is

a ke

y in

stitu

tion

of d

emoc

ratiz

atio

n in

the

cont

ext o

f glo

baliz

atio

n, w

here

med

ia p

ower

and

act

ivity

incr

easin

gly

shift

s fr

om th

e na

tiona

l to

the

tran

snat

iona

l. It

argu

es th

at p

ublic

bro

adca

stin

g is

esse

ntia

l to

the

prom

otio

n of

plur

alism

in th

e pu

blic

sph

ere,

par

ticul

arly

in li

ght o

f the

incr

easin

g co

mm

erci

aliz

atio

n of

med

ia. I

t add

ition

ally

exa

min

esch

alle

nges

face

d by

pub

lic b

road

cast

ing,

incl

udin

g m

ultil

ater

alpo

litic

s.

http

://g

az.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/60/

2/16

7

(for

pur

chas

e)

Glo

bal

1963

Com

mun

icat

ions

and

Polit

ical

Dev

elop

men

t

Luci

an P

ye(e

dito

r)Bo

ok e

xam

ines

the

rela

tions

hip

betw

een

com

mun

icat

ion,

mod

erni

zatio

n, a

nd g

loba

lizat

ion.

Afr

ica

2001

The

Med

ia a

ndD

emoc

rati-

zatio

n in

Afr

ica:

Con

trib

utio

ns,

Con

stra

ints

, and

Con

cern

s of

the

Priv

ate

Pres

s

Wisd

om T

ette

yA

rtic

le p

rovi

des

an o

verv

iew

on

how

priv

ate

med

ia in

Afr

ica

cont

ribut

e to

war

d de

moc

ratic

gov

erna

nce

and

acco

unta

bilit

y on

the

part

of s

tate

offi

cial

s, as

wel

l as

of c

halle

nges

ass

ocia

ted

with

this

proc

ess.

It su

gges

ts th

e pr

ivat

e m

edia

ref

orm

asp

ects

of i

tsop

erat

ion

to b

ette

r pr

omot

e th

e de

velo

pmen

t of a

n in

form

edan

d re

spon

sible

citi

zenr

y, w

hich

will

pro

mot

e th

e de

moc

ratic

disc

ours

e.

http

://m

cs.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/23/

1/5

(for

pur

chas

e)

Asia

deve

lopi

ng c

ount

ries

away

from

gov

ernm

ent o

r pr

ivat

e co

ntro

l,to

war

d se

rvin

g th

e pu

blic

inte

rest

, whi

ch is

cha

ract

eriz

ed b

yed

itoria

l ind

epen

denc

e.

371

2001

Beyo

nd Orie

ntal

istD

iscou

rses

:M

edia

and

Dem

ocra

cy in

Asia

Chi

n-C

huan

Lee

Art

icle

exa

min

es m

edia

and

dem

ocra

cy in

Asia

, whi

ch a

redi

scus

sed

in li

ght o

f the

var

iety

of t

he e

xper

ienc

e of

Asia

and

oste

nsib

le s

hort

com

ings

of d

emoc

ratiz

atio

n in

som

e A

sian

coun

trie

s. It

also

ana

lyze

s ba

rrie

rs to

effe

ctiv

e re

latio

nshi

psbe

twee

n th

e st

ate

and

med

ia o

utle

ts, r

elat

ing

to m

arke

tco

nditi

ons,

glob

aliz

atio

n, a

nd d

emoc

ratic

prin

cipl

es.

http

://w

ww

.javn

ost-t

hepu

blic

.org

/m

edia

/dat

otek

e/ 2

001-

2-le

e.pd

f A

sia

1999

Asia

nN

ICs

’

Broa

dcas

tM

edia

in th

eEr

a of

Glo

baliz

atio

n:Th

e Tr

end

ofC

omm

erci

aliz

a-tio

n an

d Its

Impa

ct,

Impl

icat

ions

,an

d Li

mits

Junh

ao H

ong

and

Yu-

Chi

ung

Hsu

Stud

y ex

amin

es th

e tr

end,

impa

ct, a

nd im

plic

atio

ns o

fco

mm

erci

aliz

atio

n in

the

broa

dcas

t med

ia in

Asia

’s fo

ur n

ewly

indu

stria

lized

cou

ntrie

s: Ta

iwan

, Sou

th K

orea

, Sin

gapo

re, a

ndH

ong

Kon

g. It

spe

cific

ally

exa

min

es th

e “A

sian

char

acte

ristic

s”of

med

ia c

omm

erci

aliz

atio

n an

d th

eir

signi

fican

ce a

nd li

mits

.Th

e re

port

con

clud

es th

at: 1

) th

e tr

end

of m

edia

libe

raliz

atio

nan

d de

regu

latio

n in

Asia

’s fo

ur n

ewly

indu

stria

lized

cou

ntrie

sha

s be

en p

rimar

ily m

anife

sted

thro

ugh

med

iaco

mm

erci

aliz

atio

n; a

nd 2

) m

edia

com

mer

cial

izat

ion

in th

eA

sian

polit

ical

and

soc

ial c

onte

xt is

par

ticul

arly

sig

nific

ant

beca

use

that

med

ia c

omm

erci

aliz

atio

n is

an a

ltern

ativ

e or

indi

rect

way

to a

chie

ve m

edia

dem

ocra

tizat

ion,

whi

ch, t

here

port

sta

tes,

is th

e fir

st s

tep

tow

ard

polit

ical

and

soc

ial

dem

ocra

tizat

ion.

http

://g

az.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/61/

3-4/

225

Chi

le20

03Th

e M

edia

and

the

Neo

liber

alTr

ansit

ion

in

Chi

le:

Dem

ocra

ticPr

omise

Unf

ulfil

led

Ros

alin

dBr

esna

han

Latin

Am

eric

anPe

rspe

ctiv

es, I

nc.

Rep

ort d

raw

s on

199

8–20

02 in

terv

iew

s w

ith m

edia

prof

essio

nals,

gra

ssro

ots

activ

ists,

and

polic

y m

aker

s to

com

pare

the

Chi

lean

Con

certa

ción

de p

artid

os p

or la

Dem

ocra

cia’s

mar

ket-

base

d id

ea o

f med

ia d

emoc

ratiz

atio

n w

ith d

emoc

ratic

med

iath

eoris

ts’ p

ublic

sph

ere

mod

el. I

t exa

min

es th

e ch

angi

ng le

gal

fram

ewor

k fo

r th

e C

hile

an m

edia

, tre

nds

in m

edia

ow

ners

hip,

and

the

deve

lopm

ent o

f gra

ssro

ots

and

com

mun

ity-b

ased

med

ia s

ecto

rs. I

t also

arg

ues

that

sin

ce C

once

rtació

npu

rsue

d a

free

mar

ket m

odel

app

roac

h to

the

role

of t

he m

edia

(ra

ther

http

://l

ap.sa

gepu

b.co

m/c

gi/

repr

int/

30/6

/39.

pdf

(for

pur

chas

e)

372

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

than

a p

ublic

sph

ere

appr

oach

), C

hile

’s m

edia

sec

tor

curr

ently

cate

rs to

inte

rnat

iona

l inv

esto

rs a

nd in

tern

al p

oliti

cal i

nter

ests

,w

hich

has

res

tric

ted

med

ia o

utle

ts fr

om p

rovi

ding

hum

an r

ight

sad

voca

tes,

oppo

nent

s of

neo

liber

alism

, and

oth

er p

rogr

essiv

esw

ith th

e op

port

unity

to e

xpre

ss th

emse

lves

, whi

ch h

as b

een

aba

rrie

r to

furt

her

effe

ctiv

e de

moc

ratiz

atio

n in

Chi

le. T

he r

epor

tco

nclu

des

that

dem

ocra

cy in

Chi

le w

ould

be

best

ser

ved

bygo

vern

men

t sup

port

for

an in

depe

nden

t med

ia s

ecto

r an

dcu

ltiva

tion

of th

e em

ergi

ng c

omm

unity

med

ia s

ecto

r.

Chi

na20

01M

edia

and

Elus

ive

Dem

ocra

cy in

Chi

na

Yue

zhi Z

hao

Stud

y ex

amin

es m

edia

and

dem

ocra

tizat

ion

in C

hina

from

hist

oric

al a

nd c

onte

mpo

rary

per

spec

tives

, with

spe

cific

reg

ard

to h

ow th

e co

ncep

t of d

emoc

racy

und

erw

ent s

ever

altr

ansf

orm

atio

ns d

urin

g th

e la

st h

alf o

f the

20th

cent

ury

inC

hina

. It a

dditi

onal

ly a

sses

ses

Chi

na’s

curr

ent s

tate

-con

trol

led

and

com

mer

cial

ized

med

ia, w

hich

, it s

tate

s, is

embe

dded

in th

ees

tabl

ished

mar

ket a

utho

ritar

ian

soci

al o

rder

.

http

://w

ww

.javn

ost-t

hepu

blic

.org

/med

ia/d

atot

eke/

2001

-2-

zhao

.pdf

East

ern

Euro

pe20

04Be

twee

n R

ealit

yan

d D

ream

:Ea

ster

nEu

rope

anM

edia

Tran

sitio

n,Tr

ansf

orm

atio

n,C

onso

lidat

ion,

and

Inte

grat

ion

Pete

r G

ross

Am

eric

anC

ounc

il of

Lear

ned

Soci

etie

s

Art

icle

exa

min

es p

rogr

ess

mad

e in

the

tran

sitio

n an

dtr

ansf

orm

atio

n of

Eas

tern

Eur

ope’

s ne

ws

med

ia a

nd th

epo

tent

ial f

or it

s in

tegr

atio

n in

to th

e W

este

rn E

urop

ean

med

iasc

ene.

http

://e

ep.sa

gepu

b.co

m/c

gi/

repr

int/

18/1

/110

.pdf

373

Gha

na a

ndN

iger

ia20

04D

emoc

ratiz

atio

nan

d th

e M

edia

in W

est A

frica

:A

n A

naly

sis o

fR

ecen

tC

onst

itutio

nal

and

Legi

slativ

eR

efor

ms

for

Pres

s Fr

eedo

min

Gha

na a

ndN

iger

ia

Chr

is O

gbon

dah

Art

icle

pro

vide

s an

ove

rvie

w o

f the

dem

ocra

tizat

ion

mov

emen

tth

roug

hout

Afr

ica,

with

par

ticul

ar r

egar

d to

effo

rts

in G

hana

and

Nig

eria

to e

stab

lish

dem

ocra

tic in

stitu

tions

, and

exa

min

esco

nstit

utio

nal a

nd le

gisla

tive

initi

ativ

es th

at h

ave

augm

ente

dm

edia

dev

elop

men

t and

free

dom

in b

oth

coun

trie

s. It

addi

tiona

lly p

rovi

des

a se

ries

of r

ecom

men

datio

ns fo

r cr

eatin

gev

en g

reat

er p

ress

free

dom

s in

bot

h co

untr

ies.

http

://w

ww

.afri

care

sour

ce.c

om/

war

/issu

e6/o

gbon

dah.

htm

l

Mex

ico

2003

From

the

Insid

eO

ut: H

owIn

stitu

tiona

lEn

trep

rene

urs

Tran

sfor

med

Mex

ican

Jour

nalis

m

Salli

e H

ughe

sA

rticl

e pr

ovid

es a

n ov

ervi

ew o

f how

to c

reat

e de

moc

ratic

new

sm

edia

that

fost

er p

artic

ipat

ory

citiz

ensh

ip a

nd g

over

nmen

tac

coun

tabi

lity,

usin

g th

e ca

se s

tudy

of M

exic

o. T

he m

edia

and

jour

nalis

m s

ecto

rs in

Mex

ico

unde

rwen

t a s

erie

s of

disp

arat

etra

nsfo

rmat

ions

whi

ch re

sulte

d in

the

diss

olut

ion

of a

pre

viou

slyau

thor

itaria

n in

stitu

tion

into

thre

e co

mpe

ting

mod

els

of n

ews

prod

uctio

n w

ith d

iffer

ent s

ocio

polit

ical

impl

icat

ions

.

http

://h

ij.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/8/3

/87

(for

pur

chas

e)

Mid

dle

East

2001

Med

iate

dC

ultu

re in

the

Mid

dle

East

:D

iffus

ion,

Dem

ocra

cy,

Diff

icul

ties

Ann

abel

leSr

eber

nyA

rtic

le p

rovi

des

an o

verv

iew

of t

he r

ecen

t dev

elop

men

ts in

med

ia in

the

Mid

dle

East

and

focu

ses

on th

e dy

nam

ics

ofde

moc

ratiz

atio

n, g

ende

r pa

rtic

ipat

ion,

and

Inte

rnet

acc

ess

in th

eM

iddl

e Ea

st.

http

://g

az.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/63/

2-3/

101

(for

pur

chas

e)

374

Cov

erag

eYe

arTo

pic

Sour

ceSu

mm

ary

Web

site

Mid

dle

East

and

Nor

thA

fric

a

1958

The

Pass

ing

ofTr

aditi

onal

Soci

ety:

Mod

erni

zing

the

Mid

dle

East

Dan

iel L

erne

rBo

ok in

trod

uces

the

conc

ept o

f dev

elop

men

t com

mun

icat

ion.

Ittr

aces

cor

rela

tions

bet

wee

n ex

pand

ed e

cono

mic

act

ivity

and

ase

ries

of m

oder

niza

tion

varia

bles

, inc

ludi

ng u

rban

izat

ion,

hig

hlit

erac

y le

vels,

med

ia c

onsu

mpt

ion,

and

pol

itica

l dev

elop

men

t.Th

e bo

ok c

oncl

udes

that

the

med

ia m

ight

ser

ve a

s a

grea

tm

ultip

lier

of d

evel

opm

ent b

y co

mm

unic

atin

g de

velo

pmen

tm

essa

ges

to th

e un

deve

lope

d.

Sout

hern

Afr

ica

2002

Theo

rizin

g th

eM

edia

—D

emoc

racy

Rel

atio

nshi

p in

Sout

hern

Afr

ica

Guy

Ber

ger

Art

icle

exa

min

es a

nd s

eeks

to p

rovi

de a

theo

retic

al fo

unda

tion

for

the

role

of m

edia

in A

fric

an d

emoc

ratiz

atio

n, w

ith p

artic

ular

rega

rd to

the

func

tions

of t

he p

ublic

sph

ere

and

civi

l soc

iety

. It

prov

ides

per

spec

tives

on

cont

empo

rary

issu

es r

egar

ding

med

iafr

eedo

m, t

he g

row

th o

f priv

ate

med

ia, t

he c

onte

sts

arou

ndgo

vern

men

t-con

trol

led

med

ia, a

nd b

road

cast

der

egul

atio

n in

Afr

ica.

http

://g

az.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/64/

1/21

(f

or p

urch

ase)

Sout

hA

fric

a20

01Se

rvin

g a

New

Dem

ocra

cy:

Mus

t the

Med

ia“S

peak

Sof

tly”?

Lear

ning

from

Sout

h A

fric

a

And

rew

Kup

eran

d Jo

cely

nK

uper

Art

icle

exa

min

es th

e ne

ed o

f pop

ulat

ions

in d

emoc

ratiz

ing

envi

ronm

ents

, usin

g So

uth

Afr

ica

as a

prim

ary

case

stu

dy, f

oran

inde

pend

ent m

edia

sec

tor.

It m

aps

the

pers

pect

ives

of

popu

latio

ns in

dem

ocra

tizin

g en

viro

nmen

ts w

ith s

peci

fic r

egar

dto

not

ions

of p

rote

ctiv

e rig

hts,

pers

onal

aut

onom

y, a

nd c

ivic

belo

ngin

g, a

nd id

entif

ies

the

form

s of

med

ia th

at in

form

thes

epe

rspe

ctiv

es. T

he a

rtic

le a

lso p

rovi

des

an o

verv

iew

of h

owm

edia

out

lets

enh

ance

per

sona

l fre

edom

and

pol

itica

lef

fect

iven

ess

and

thus

pro

mot

e de

moc

ratic

con

stru

ctiv

enes

san

d co

mm

erci

al s

ucce

ss.

http

://i

jpor

.oxf

ordj

ourn

als.o

rg/

cgi/

cont

ent/

abst

ract

/13/

4/35

5 (f

or p

urch

ase)

375

Sout

hA

fric

a19

99Th

e Li

mits

of

Med

iaD

emoc

ratiz

atio

nin

Sou

th A

fric

a:Po

litic

s, Pr

ivat

izat

ion,

and

Reg

ulat

ion

Cliv

e Ba

rnet

tA

rtic

le p

rovi

des

an o

verv

iew

of p

roce

sses

that

hav

e lim

ited

the

deve

lopm

ent o

f a d

emoc

ratic

med

ia s

yste

m in

pos

t-apa

rthe

idSo

uth

Afr

ica.

It a

naly

zes

how

the

priv

atiz

atio

n of

rad

io s

tatio

nsin

199

6 yi

elde

d to

the

polit

ical

tens

ions

that

sha

pe m

edia

refo

rm, a

nd a

rgue

s th

at th

e pr

ogre

ss o

f dem

ocra

tic b

road

cast

ing

refo

rm in

the

coun

try

is in

crea

singl

y be

ing

dict

ated

by

the

stat

e’s

prog

ram

for

rest

ruct

urin

g th

e te

leco

mm

unic

atio

ns s

ecto

r.

http

://m

cs.sa

gepu

b.co

m/c

gi/

cont

ent/

abst

ract

/21/

5/64

9 (f

or p

urch

ase)

Thai

land

2001

Reg

ulat

ion,

Ref

orm

, and

the

Que

stio

n of

Dem

ocra

tizin

gth

e Br

oadc

ast

Med

ia in

Thai

land

Ubo

nrat

Siriy

uvas

akSt

udy

exam

ines

the

stru

ggle

for

the

dem

ocra

tizat

ion

of th

ebr

oadc

ast m

edia

in th

e co

ntex

t of t

he s

ocia

l and

pol

itica

lre

form

in T

haila

nd d

urin

g 19

97 to

200

0. It

dem

onst

rate

s th

atTh

aila

nd h

as b

een

caut

ious

in it

s pr

opos

al to

libe

raliz

e po

litic

alan

d cu

ltura

l exp

ress

ions

, whi

ch h

as c

onst

rain

ed c

itize

ns’ r

ight

toco

mm

unic

ate.

http

://w

ww

.javn

ost-t

hepu

blic

.org

/med

ia/d

atot

eke/

2001

-2-

siriy

uvas

ak.p

df

376

Arg

entin

a19

98Pe

tric

v. P

ágin

a 12

,Fal

los

315:

1492

(A

pril

16, 1

998)

(C

SJN

)ht

tp:/

/ww

w.a

boga

rte.

com

.ar/

csjn

cidh

.htm

(in

Spa

nish

)

TAB

LE

20

Cas

es a

nd C

omm

ents

on

Free

dom

s of

Exp

ress

ion,

Com

mun

icat

ion,

and

the

Pre

ss

Cov

erag

eYe

arSo

urce

Web

site

Arg

entin

a19

92Ek

mek

djia

n v.

Sof

ovich

,Fal

los

315:

1492

(Ju

ly 7

, 199

2) (

CSJ

N)

http

://w

ww

.todo

elde

rech

o.co

m/A

punt

es/F

allo

s%20

Nac

iona

les/

Apu

ntes

/EK

MEK

DJIA

Nso

fovi

ch.h

tm (

in S

pani

sh)

Aus

tral

ia19

97D

avid

Rus

sell

Lang

e v

Aus

tralia

n Br

oadc

astin

g C

orpo

ratio

n[1

997]

HC

A25

(Ju

ly 8

, 199

7)ht

tp:/

/ww

w.a

ustli

i.edu

.au/

au/c

ases

/cth

/HC

A/1

997/

25.h

tml

Can

ada

1992

Her

Maj

esty

The

Que

en v

. But

ler

[199

2] 1

S.C

.R. 4

52ht

tp:/

/scc

.lexu

m.u

mon

trea

l.ca/

en/1

992/

1992

rcs1

-452

/19

92rc

s1-4

52.p

df

Can

ada

1990

Her

Maj

esty

The

Que

en v

. Jam

es K

eegs

tra[1

990]

3 S

.C.R

.ht

tp:/

/hat

emon

itor.c

susb

.edu

/oth

er_c

ount

ries_

case

s/R

_v_K

eegs

tra_

1990

_3SC

R.h

tml

Cos

ta R

ica

2004

Her

rera

-Ullo

a vs

. Cos

ta R

ica(Ju

ly 2

, 200

4) S

erie

s C

, No.

107

http

://w

ww

.cpj

.org

/new

s/20

04/s

erie

c_10

7_es

p.pd

f (in

Spa

nish

) (s

ee a

lso)

http

://w

ww

.just

icei

nitia

tive.

org/

db/r

esou

rce2

?res

_id

=10

2157

Euro

pean

Cou

rt o

fH

uman

Rig

hts

2003

Refa

h Pa

rtisi

and

othe

rs v

. Tur

key

(Feb

ruar

y 13

, 200

3) A

pplic

atio

nN

os. 4

1340

/98,

413

42/9

8, 4

1343

/98

and

4134

4/98

(Eu

rope

anC

ourt

of H

uman

Rig

hts)

http

://w

ww

.ech

r.coe

.int/

eng/

Pres

s/20

03/f

eb/

Ref

ahPa

rtisi

GC

judg

men

teng

.htm

Euro

pean

Cou

rt o

fH

uman

Rig

hts

2002

Nik

ula

v. F

inla

nd(M

arch

21,

200

2) A

pplic

atio

n N

o. 3

1611

/96

(Eur

opea

n C

ourt

of H

uman

Rig

hts)

http

://w

ww

.ech

r.coe

.int/

eng/

Pres

s/20

02/m

ar/

Nik

ulaj

udep

ress

.htm

Euro

pean

Cou

rt o

fH

uman

Rig

hts

2002

Dich

and

and

othe

rs v

. Aus

tria

,App

licat

ion

No.

292

71/9

5 (E

urop

ean

Cou

rt o

f Hum

an R

ight

s)ht

tp:/

/ww

w.e

chr.c

oe.in

t/en

g/Pr

ess/

2002

/feb

/A

ustr

ianj

udse

pres

s.htm

377

Euro

pean

Cou

rt o

fH

uman

Rig

hts

1998

Inca

l v T

urke

y,A

pplic

atio

n N

o. 2

2678

/93

(Eur

opea

n C

ourt

of

Hum

an R

ight

s)ht

tp:/

/ww

w.b

ailii

.org

/eu/

case

s/EC

HR

/199

8/48

.htm

l

Euro

pean

Cou

rt o

fH

uman

Rig

hts

1996

Goo

dwin

v. t

he U

nite

d K

ingd

om(M

arch

27,

199

6) A

pplic

atio

n N

o. 1

7488

/90

(Eur

opea

n C

ourt

of H

uman

Rig

hts)

http

://h

ei.u

nige

.ch/

~cl

apha

m/h

rdoc

/doc

s/ec

hrgo

odw

inca

se.tx

t

Euro

pean

Cou

rt o

fH

uman

Rig

hts

1993

Info

rmat

ions

vere

in L

entia

and

Oth

ers

v A

ustr

ia- 1

3914

/88;

1504

1/89

;15

717/

89 (

Euro

pean

Cou

rt o

f Hum

an R

ight

s)ht

tp:/

/ww

w.b

ailii

.org

/eu/

case

s/EC

HR

/199

3/57

.htm

l

Euro

pean

Cou

rt o

fH

uman

Rig

hts

1991

Obs

erve

r an

d G

uard

ian

v U

nite

d K

ingd

om,A

pplic

atio

n N

o. 1

3585

/88

(Eur

opea

n C

ourt

of H

uman

Rig

hts)

http

://w

ww

.bai

lii.o

rg/e

u/ca

ses/

ECH

R/1

991/

49.h

tml

Euro

pean

Cou

rt o

fH

uman

Rig

hts

1986

Ling

ens

v. A

ustr

ia,(

July

8, 1

986)

App

licat

ion

No.

981

5/82

(Eur

opea

n C

ourt

of H

uman

Rig

hts)

http

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ww

.legi

slatio

nlin

e.or

g/le

gisla

tion.

php?

tid=

219&

lid=

7137

&le

ss=

false

Indi

a19

85Sa

mar

esh

Bose

& A

noth

er v

. Am

al M

itra

& A

noth

er[1

985]

IN

SC 2

05(S

epte

mbe

r 24

, 198

5)ht

tp:/

/ww

w.w

orld

lii.o

rg/i

n/ca

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INSC

/198

5/20

5.ht

ml

Indi

a19

70K

. A. A

bbas

v. U

nion

of I

ndia

& A

noth

er[1

970]

IN

SC 2

02; [

1971

] 2

SCR

446

; [19

70]

2 SC

C 7

80; A

IR 1

971

SC 4

81 (

Sept

embe

r 24

,19

70)

http

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ww

.aus

tlii.e

du.a

u/~

andr

ew/C

omm

onLI

I/IN

SC/1

970/

202.

htm

l

Inte

r-Am

eric

anC

ourt

of H

uman

Rig

hts

2003

Yata

ma

v N

icara

gua

(June

23,

200

3) (

Inte

r-Am

eric

an C

ourt

of

Hum

an R

ight

s)ht

tp:/

/ww

w.c

orte

idh.

or.c

r/do

cs/c

asos

/art

icul

os/

serie

c_12

7_es

p.pd

f (in

Spa

nish

)

Inte

rnat

iona

lC

rimin

al T

ribun

alfo

r th

e Fo

rmer

Yug

osla

via

2002

Pros

ecut

or v

. Rad

osla

v Br

djan

in &

Mom

ir Ta

lic(“

Ran

dal C

ase”

), Th

eH

ague

(D

ecem

ber

11, 2

002)

JL /

P.I.

S /

715-

e (In

tern

atio

nal

Crim

inal

Trib

unal

for

the

Form

er Y

ugos

lavi

a)

http

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ww

.un.

org/

icty

/pre

ssre

al/p

715-

e.ht

m

378

Cov

erag

eYe

arSo

urce

Web

site

Italy

2000

Cas

sazi

one

Sezi

one

Qui

nta

Pena

le n

. 214

4 de

l 25

febb

raio

200

0ht

tp:/

/ww

w.le

gge-

e-gi

ustiz

ia.it

/200

0%20

DO

CU

MEN

TI/1

1mag

gio.

htm

(in

Ital

ian)

Mal

awi

1999

Kaf

umba

and

oth

ers

v. T

he E

lect

oral

Com

miss

ion

and

Mal

awi

Broa

dcas

ting

Cor

pora

tion,

Misc

ella

neou

s C

ause

Num

ber

35 o

f 199

9.ht

tp:/

/ife

x.or

g/da

/lay

out/

set/

prin

t/co

nten

t/vi

ew/f

ull/

8002

/

New

Zea

land

2000

D. R

. Lan

ge v

J. B

. Atk

onso

n &

Ano

ther

[200

0] N

ZC

A 9

5 (Ju

ne 2

1,20

00)

http

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ww

.nzl

ii.or

g/nz

/cas

es/N

ZC

A/2

000/

95.h

tml

Sout

h A

fric

a19

46D

ie S

poor

bond

v. S

outh

Afr

ican

Railw

ays,

1946

(2)

SA

LR 9

99 (

S. A

fr.)

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ww

.art

icle

19.o

rg/p

dfs/

anal

ysis/

defa

mat

ion-

stan

dard

s.pdf

Sri L

anka

1992

Siris

ena

v. G

inig

e[1

992]

LK

CA

12;

(19

92)

1 Sr

i L.R

. 320

(Ju

ne 6

,19

92)

http

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ww

.asia

nlii.

org/

cgi-a

sianl

ii/ d

isp.p

l/lk

/cas

es/L

KC

A/

1992

/12.

htm

l?qu

ery=

320

Uga

nda

2004

Ony

ango

-Obb

o an

d M

wen

da v

. AG

,Con

stitu

tiona

l App

eal N

o. 2

,20

02, F

ebru

ary

11, 2

004

http

://w

ww

.art

icle

19.o

rg/p

dfs/

case

s/ug

anda

-ony

ango

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bo-v

.-uga

nda.

%20

Uga

nda

(see

also

)ht

tp:/

/ww

w.if

ex.o

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lert

s/ la

yout

/set

/prin

t/co

nten

t/vi

ew/f

ull/

5676

/

Uni

ted

Kin

gdom

1969

Vin

e Pr

oduc

ts Lt

d v

Mac

kenz

ie &

Co

Ltd

[196

7] F

SR 4

02, [

1969

]R

PC 1

http

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ww

.law

teac

her.n

et/c

ases

/com

p3.h

tm/

file-

14.h

tml

Uni

ted

Nat

ions

Hum

an R

ight

sC

omm

ittee

2000

Vla

dim

ir Pe

trovi

ch L

aptse

vich

v. B

elar

us,C

omm

unic

atio

n N

o.78

0/19

97, U

.N. D

oc. C

CPR

/C/6

8/D

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/199

7 (2

000)

http

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ww

1.um

n.ed

u/hu

man

rts/

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Access to information, 20–21best practices, 87–88development and, 15–19enabling of, 87–91governance and, 12, 68guarantees of, 91poverty and, 16, 41–42, 255restrictions on, 53, 59–60, 62,

63–68, 70right to, 28, 69

Access to Public Information Act,2000, Bulgaria, 95

Accountability, 2, 13, 19–21,259–262

fostering, 259–262governance and, 11, 13, 258in programming, 22public, independent regulatory

body, 168public service broadcasting,

193–194Accreditation, of journalists, 143–145Act on Yleisradio Oy (Finnish

Broadcasting Company),195–196

Administration of justiceprotection, free speech,133–136

Advertising, 41, 47commercial broadcasting,

238–239public service broadcasting

funding, 203–205Africa, 32, 38, 40, 42

commercial broadcasting, 228community nonprofit

broadcasting, 214Declaration of Principles on

Freedom of Expression inAfrica, 91, 113, 121, 148, 210

Chapter Title 381

Index

North Africa. See North AfricaSouth Africa. See South AfricaSub-Saharan Africa. See

Sub-Saharan Africatelevision channel ownership, 50

African Charter on Broadcasting,214, 237

African Commission on Human andPeoples’ Rights, 91, 121, 210

African Media DevelopmentInitiative (AMDI), 51

Agenda-setting, 12, 14Albania, 111

community radio, 261Algeria, 66al-Jazeera, 68All India Radio, 64Allocation of Telecommunication

and Broadcast FrequenciesAct, 2000, Thailand, 183

AMARC (World Association ofCommunity RadioBroadcasters), 246

American Convention on HumanRights, 112, 152

Amsterdam Protocol to the Treatyon European Union, 191

AOL Time Warner, 63Appointments process, public

service broadcastinggoverning board, 199–201

Argentina, 59–60, 61constitutional freedom of press

guarantees, 83defamation laws, 111, 120human rights and international

law, 85reply/correction, right to, 152source confidentiality

protection, 147

381

Supreme Court of ArgentineanJustice, 120, 152

Article 19, 91Asia, 38, 40

press freedom, 49South/Southeast Asia, media

environment, 62–65television channel ownership, 50

Association of Public ServiceBroadcasters in Germany(ARD), 202, 204

Audience, 33Australia, 38, 46

Australian BroadcastingAuthority (ABA), 178

Australian BroadcastingCorporation (ABC), 198–199,200–201, 202

Australian BroadcastingCorporation Act (ABC Act),198–199, 202

Australian Ethnic Radio Training Project(AERTP), 223

Australian High Court, 120Broadcasting Services Act of

1992, 218Community Broadcasting

Foundation Ltd. (CBF), 223community nonprofit

broadcasting, 218, 223constitutional freedom of

expression guarantees, 81content regulation, 178defamation laws, 120public service broadcasting

funding, 203public service broadcasting

governance, 200–201, 202Radio for the Print Handicapped

(RPH), 223sanctions, 182

Australian Broadcasting Act of1983, 200

Australian Broadcasting Authority(ABA), 178

Australian BroadcastingCorporation (ABC), 198–199,200–201, 202

Australian BroadcastingCorporation Act (ABC Act),198–199, 202

Australian Ethnic Radio TrainingProject (AERTP), 223

Austria, commercial broadcasting, 228

Azerbaijan, 55

Bahrain, 66Bangladesh, 13, 63Belarus, 36

commercial broadcasting, 228Benin

community nonprofitbroadcasting licensing,216–217

independent regulatory body,162, 165, 169, 181

Berlusconi, Silvio, 228Bermuda, source confidentiality

protection, 150Bhutan, 62Bill of rights. See Freedom of

expressionBolivia, 59, 61

community nonprofitbroadcasting, 225

miners’ radio, 59Bosnia-Herzegovina, 111bottom-up participation, 15–16,

41–42Brazil, 59British Broadcasting Corporation

(BBC), 39, 176, 190director general, 202funding of, 205World Service, 205

Broadcast mediaaccountability. See

Accountabilitycommercial. See Commercial

private sector broadcasting

382 Index

community. See Communitynonprofit broadcasting

diversity. See Diversityin general, 6, 19–23, 30–35,

154–155government-controlled, 21,

36–37, 70–71independence, 68, 158–160liberalization of, 39–41low-power, 219nonprofit. See Community

nonprofit broadcastingparticipatory, 15–17, 33–34,

259–262private sector. See Commercial

private sector broadcastingpublic interest, 6–9, 40–41public service. See Public service

broadcastingreform, 2, 72–73, 262–266regional, 48–73regulation. See Regulationreligious, 52satellite. See Satellitetypes, 35–36, 43–47

Broadcasting Act, Poland, 231Broadcasting Act of 1999, South

Africa, 199Broadcasting Act of 2002,

Indonesia, 178Broadcasting Act of 2003, Ireland,

238–239Broadcasting Commission of

Ireland (BCI), 217, 238Broadcasting Development Fund,

Korea, 164Broadcasting Law of 2000,

Korea, 164Broadcasting Services Act of 1942,

Australia, 182Broadcasting Services Act of 1992,

Australia, 218Bulgaria

access to information, 95, 100

defamation laws, 111

Cabinet Office, United Kingdom, 167

Cable, 182–184, 229must-carry rules, 185–186public access channels,

186–188Cable Telecommunications Act,

1995, Spain, 185Cahiers des Charges, Benin, 217Cambodia, 63, 266Canada, 6, 38, 46

Canadian BroadcastingCorporation (CBC), 193

Canadian Radio-Television andTelecommunicationsCommission (CRTC), 165,167, 181, 193, 233–234

commercial broadcasting,233–234, 237

community nonprofitbroadcasting, 214, 221

constitutional freedom of pressguarantees, 83

free speech laws, 138incitement standards, 130independent regulatory

body, 165low-power broadcasting, 219obscenity standards, 132public service broadcasting, 191,

193, 203sanctions, 181Supreme Court, 132, 138

Canadian BroadcastingCorporation (CBC), 193

Canadian Radio-Television andTelecommunicationsCommission (CRTC), 165,167, 181, 193, 214, 233–234

Capacity development, 264–266

World Bank, 252–253Capture, media independence

and, 158–160Carey, James, 18Castells v. Spain, 113

Index 383

Censorship. See also Free speechlimitations; Freedom ofexpression, limitations

in China, 63in Middle East and North

Africa, 65–68in South/Southeast Asia, 62–65

Central African Republic, 111Central and Eastern European

Countries (CEE)media environment, 53–57press freedom, 49television channel ownership, 50

Channel Arte, France/Germany, 46Channel 4, United Kingdom,

46, 176Channel 5, United Kingdom, 176Channel(s)

capacity, 35–36digital technologies and,

183–184increase in, 39–40must-carry rules, 185PEG, 187public access channels, 186–188television, regional ownership

of, 50Chile, 59

defamation laws, 111public service broadcasting,

195, 204Television Nacional de Chile

(TVN), 58, 195, 204“Chilling effect,” 108, 137–138China, 36, 63, 71–72

commercial broadcasting, 228China National Radio, 63Chinese Central Television

(CCTV), 63Citizenship, effective, 9, 15–16Civic forum, 14“Civil society,” 71, 207CNN, 61Coalition for Community Radio,

Nigeria, 246Codes of conduct, 177–179

Collective leadership, 259–262Colombia, 59, 60


broadcasting, 210, 211, 215, 225constitutional freedom of

expression guarantees, 81Comité de Regulation de

Telecommunication, Mali, 209Comité National de l’Egal Accès aux

Médias d’Etat (CNEAME),Mali, 163

Commercial private sectorbroadcasting, 39–41, 71,228–230

best practices, 227concentration of ownership

rules, 234–235effects on public service

broadcasting, 191foreign ownership rules,

235–236levy, funding, 203–205licensing, 232–234public grants, subsidies, and

advertising, 238–239public service requirements,

236–238regulation, 230–232

Commissariant voor de Media (media authority),Netherlands, 165

Commission for CommunicationsRegulation, Ireland, 217

Committee of Ministers of theCouncil of Europe, 122

Access to Official Documents,90, 97

right of reply/correction, 152Commonwealth of Independent

States (CIS)freedom of information laws, 49media environment, 53–57

Communications. See also Mediachange and, 15–19

for development, 15–19, 257–259

384 Index

divide, 3, 28features of, 19–23importance of, 2, 15–19poverty and. See Marginalized

societies; Poverty revolution, 3, 35–36right to, 28, 61

Communications Act of 1934,United States, 236

Communist Party of China (CPC), 63

Community BroadcastingFoundation Ltd. (CBF),Australia, 223

Community Empowerment and Local Governance Project (CEP), Timor-Leste, 258

Community nonprofitbroadcasting, 41–43, 71,207–208, 243, 257, 261

band allocation, 185–186best practices, 206capacity building, 265–266definition and characteristics,

212–215funding and sustainability,

220–222license terms and conditions,

217–219licensing process, 215–217must-carry rules, 185–186public funding, 222–226recognition and differentiation,

209–211Community Radio Centre

(CRC), 258Community Radio Policy

Committee, Nigeria, 246Concentration. See Ownership,

commercial broadcastingConference Nationale Souveraine, 162Confidentiality, protection of,

146–150Conseil Superieur de l’Audiovisuel

(CSA), France, 157, 165, 193

Index 385

Conseil Superieur de laCommunication (CSC), Mali, 163, 178, 209, 210

Constitutionalguarantees/limitations

free speech, 124–126in general, 78–79, 80–82

Consultation, independentregulatory body, 166–168

Content diversity. See DiversityContent regulation, 171–173,

177–179 positive content rules,

173–176Content restriction, free speech,

126–127Co-regulation, 177, 178Correction/reply, right of,

150–152Corruption, 12–13, 24–25, 134

access to information and, 88–89World Bank anticorruption

strategy, 249–252Costa Rica, 111Council of Europe, 55

Committee of Ministers. SeeCommittee of Ministers of theCouncil of Europe

Georgia public servicebroadcasting, 193–194

Standards on Exceptions, 97Country Assistance Strategy (CAS),

World Bank, 253–254Country Efforts: Entry Points

for Anticorruption and Governance Reform(World Bank), 250–251

Cour de Cassation, France, 120, 130

Croatia, 108, 116Cross-ownership, commercial

broadcasting, 234–235Cuba, 61cultural identity, media and, 18–19,

21–22, 192Czech Republic, 56

de Wit, Pieter, 222Declaration on Freedom of

Political Debate in the Media, 122

Declaration of Principles on Freedomof Expression in Africa,91, 113, 121, 148, 210

Defamationbest practices, 107criminal defamation, 111–112decriminalization of, 263in general, 108–109opinions, 116–118proof of truth, 113–114public officials protection,

114–116reasonable publication defense,

118–120redress, 121–122who may sue, 109–111

Democracy, 1building of, 2–3dimensions of, 14, 20,

109, 141and governance, 12, 14, 26public service broadcasting,

196Democracy Now series, 15Denmark, hate speech

laws, 131Department for International

Development (DfID), UnitedKingdom, 248–249

Derbyshire County Council v. TimesNewspapers Ltd., 110

Descato laws, 111, 112, 115. See alsoDefamation

Developmentassistance, 244–259communications, 257–259governance and, 11media and, 15–19options. See Development

options and informationneeds

sustainable. See Sustainability

Development Dialog Series, WorldBank, 245

Development options andinformation needs, 240

accountability, engagedsocieties, and collectiveleadership, 259–262

development assistance, 244–259policy reforms, 260–266research agenda, 240–244

Dichand and others v. Austria, 117Digital broadcasting technologies,

183–184, 244Digitalization, 183–184, 244Director general, public service

broadcasting governingboard, 201–202

Disclosure, proactive or routine,94–95

Diversity, 21–22, 68, 192, 259–260promotion of, 263–264

Donors, 221, 244–249Doordarshan, 64Dual regulatory bodies, 163

Eastern Europe, 38, 40commercial broadcasting, 228press freedom, 49television channel ownership, 50

Egypt, 66El Salvador, commercial

broadcasting, 230Elections, free speech laws,

138–140Electronic Communications Act of

2006, South Africa, 210, 225Engaged societies, 259–262England. See United KingdomEstonia, public service

broadcasting funding, 204European Audiovisual Observatory

(EAO), 54–57European Convention for the

Protection of Human Rights and FundamentalFreedoms, 85

386 Index

European Convention of HumanRights, 228

European Court of Human Rights,85, 113, 114–115, 117, 121, 126,129, 131–132, 148, 228

European Union, 38

Fadama, Nigeria, 246false news, free speech limitations,

136–138Federal Communications Commis-

sion (FCC), 158, 187, 211Federal Constitutional Court,

Germany, 118Federal Institute of Access to

Information, Mexico, 102Federal Transparency and Access to

Public GovernmentInformation Law, Mexico, 95

Feral Tribune, Croatia, 108, 116Feintuck, Mike, 8Financing, 22

commercial broadcasting, 40–41, 44

community broadcasting, 41, 44public service broadcasting, 38, 44radio vs. other broadcasting

forms, 33Fininvest, Italy, 228Finland, public service

broadcasting, 195–196funding, 203

Finnish Broadcasting Company,195–196

Fond de soutien a l’expressionradiophonique (Support Fundfor Radio Expression),France, 223, 224

Foreign ownership rules,commercial broadcasting,235–236

France, 39, 46broadcasting monopoly, 157community nonprofit

broadcasting, 223, 224

Conseil Superieur de l’Audiovisuel (CSA), 157, 165, 193

Cour de Cassation, 120, 130defamation laws, 111, 120Fond de soutien a l’expression

radiophonique (Support Fundfor Radio Expression), 223, 224

human rights and internationallaw, 85

incitement standards, 130public service broadcasting


independence, 193Radio France Internationale, 205spectrum planning, 183

Free speech limitations, 123–124administration of justice

protection, 133–136best practices, 123constitutionally authorized,

124–126content restriction, 126–127false news, 136–138hate speech, 129–131international standards, 124national security/public order,

127–129obscenity, 131–133political expression/elections,

138–140Freedom House, 48Freedom of expression

best practices, 78“chilling effect,” 108, 137–138in general, 12, 20, 29, 61, 68guarantees of, 78–82international law and, 84–86limitations, 20, 53, 59–60, 62,

63–68, 69–70, 123–140. See alsoFree speech limitations

right of, 78–79, 81–82Freedom of Information Act,

United Kingdom, 95, 103

Index 387

Freedom of Information Act, 1966,United States, 100

Freedom of information lawsin Africa, 52by region, 49

Freedom of Information Ordinance,2002, Pakistan, 102

Freedom of the Press Act, Sweden, 96

Freedom of the press/mediaguarantees, 82–84international law and, 84–86by region, 48, 49

Frequency, radio. See SpectrumFriendly, Fred, 7Fujumori, Alberto, 12–13Funding, 22, 261. See also Financing

in CEE and CIS countries, 56–57

community nonprofitbroadcasting, 220–226

donors, 221, 244–249independent regulatory body,

169–170in India, 64in Latin America, 61mechanisms, 203–205public service broadcasting,

191, 203–205

Gachoka, Tony, 134Gazette, South Africa, 233General Agreement on Trade

in Services, 191Georgia, 111

public service broadcasting,193–194

Georgian Public Broadcasting,193–194

Gerbner, George, 18Germany, 38, 46, 118, 127

must-carry rules, 186Offener Kanale, 188public access channels, 188public service broadcasting

director general, 202

public service broadcastingfunding, 204

source confidentialityprotection, 149

Ghana, 13, 52, 245defamation laws, 111government accountability, 258National Telecommunications

Policy, 255, 256Poverty Reduction Strategy

Program (PRSP), 247–248public service broadcasting

funding, 205Ghana Broadcasting Corporation

(GBC), 205Ghana Community Radio

Network, 249Ghana Legal Resources Centre, 249Gleaves v. Deakin, 114“Good faith” defense, 118–120Good governance, 9–12, 20.

See also GovernanceGood process guarantees, access to

information, 99–101Governance

media and, 9–15public service broadcasting,

197–199World Bank, 249–252, 256–257

Governing board, public servicebroadcasting, 199–201

Government CommunicationInformation System (GCIS),South Africa, 239

Government-controlledbroadcasting, 21, 36–37

Government Gazette, Thailand, 95Grainger, Gareth, 7Grassroots movements, 41Great Britain. See United KingdomGuatemala, commercial

broadcasting, 230, 232

Habermas, Jürgen, 14Harymurti, Bambang, 109Hate speech, 129–131

388 Index

Haute Authorité de l’Audiovisuel et dela Communication (HAAC),Benin, 162, 165–166, 169, 181,216–217

High Court of Lagos State, Nigeria,147, 149

Hirschman, A. O., 14Honduras, 111Hong Kong Journalist’s

Association, 146Household levy, 203–205Human rights, 26

and international law, 84–86Human Rights Act, United

Kingdom, 85Human Rights Commission, South

Africa, 106Human Rights Committee,

UN, 127Hungary, 56

Identity, 17Illiteracy, radio and, 33Incal v. Turkey, 130Independence, media, 192


threats to, 158–160Independent broadcast regulator,

44–47, 70, 73Independent Broadcasting

Authority Act of 1993, SouthAfrica, 80, 199, 210

Independent CommunicationAuthority of South Africa(ICASA), 158, 199, 225, 233

Independent CommunicationAuthority of South Africa(ICASA) Act of 2002, 161,167–168

Independent regulatory body,44–47, 70, 73, 160–162, 262

funding arrangements, 169–170

member appointment, 164–166powers and duties, 162–164

public accountability, 168transparency and consultation,

166–168Independent review of refusals,

right to, 101–102India, 11–12, 64, 104


broadcasting, 214–215defamation laws, 110obscenity laws, 133Right to Information Act and

exceptions, 98Supreme Court, 133

Indonesia, 64, 146commercial broadcasting, 228content regulation, 178defamation laws, 109positive content rules, 175sanctions, 180

Indonesian Broadcasting Act of 2002, 234–235

Indonesian BroadcastingCommission (KPI), 64, 178, 180

Indonesian Press Law of 1999, 146Information needs. See

Development options and information needs

Information society, 243Instituto de Radio y Televisión

(Inravisión), 60Insult. See DefamationInter-American Commission on

Human Rights, 61, 112, 115, 126, 231

Declaration on Principles ofFreedom of Expression, 137, 231

Special Rapporteur for Freedomof Expression, 211

Yatama case, 175–176Inter-American Court of Human

Rights, 85, 112, 144, 175Inter-American Declaration on

Principles of Freedom ofExpression, 137

Index 389

International Bar Association (IBA),24, 134

International consensus, 26–29International Covenant on Civil

and Political Rights (ICCPR),124, 129

International Criminal Tribunal forYugoslavia, 148

International DevelopmentAssociation (IDA), 253

International law, 84–86. See alsoInternational standards; Ruleof law

administration of justice, freespeech limitations, 133–136

International Research andExchanges Board (IREX)Media Sustainability Index, 67

International standardsfree speech, 124incitement, 130reply/correction, right to,

151–152sanctions, 121source confidentiality

protection, 148three-part test, 124

Internet, 243–244access, 30–31

Inter-State Agreement onBroadcasting Services (RsTV), 186

Iran, 66Iraq War, 190Ireland

Broadcasting Commission ofIreland (BCI), 217, 238

Broadcasting/Funding Act 2003,238–239

Commission for CommunicationsRegulation, 217

community nonprofitbroadcasting licensing, 217

public service broadcastingfunding, 203, 204

Sound and Vision Broadcasting(Funding) Scheme, 239

Italian Constitutional Court, 228Italy

commercial broadcasting, 228Constitutional Court, 139free speech laws, 139Italian Constitutional Court, 228positive content rules, 175

ITV, United Kingdom, 176

Japan, 38, 39access to information laws, 101commercial broadcasting, 228public service broadcasting


governing board, 201Japan Broadcasting Corporation

(NHK), 39, 201, 204Jersild case, 131Jordan, 66Journalists, regulation of, 141–142

best practices, 141correction/reply, right of,

150–152licensing/registration

requirements, absence of,143–145

self-regulation, 145–146sources, protection of, 146–150

Jung-il, Kim, 116

Kaufmann, D., 10Kelly, David, 190Kenya, free speech abuses, 134KISS-FM, 13Klangnarong, Supina, 119Komisi Penyiaran Indonesia

(KPI), 64Korea. See also North Korea;

South Koreadefamation laws, 122independent regulatory body, 164public service director

general, 202

390 Index

Korean Broadcasting Commission(KBC), 164

Korean Broadcasting Service, 202

Korean Civil Code, 122KPFA, Berkeley, California, 211Kuwait, 66Kyrgyzstan, 55

La Sept-ARTE, 205Lange v. Australian Broadcasting

Corporation, 120Language rules, 175–176Laos, 62Latin America, 38

commercial broadcasting, 228freedom of information

laws, 49media environment, 58–61press freedom, 49television channel ownership, 50

Latvia, 176Law Concerning Access to

Information Held byAdministrative Organs, 1999,Japan, 101

Law on Freedom ofCommunication, France, 157

Leadership, cultivating collective,259–262

“Leadership Matters” conference, 265Lebanon, 66Legal environment, 23–25

international law, 84–86Levy, public service broadcasting

funding, 203–205Ley Orgánica de Telecommunicaciones

2000, Venezuela, 210Libel. See DefamationLibel and the Media: The Chilling

Effect, 108Liberalization, 39–41Libya, 66License/Licensing

commercial broadcasting,232–234

community nonprofitbroadcasting, 215–219

exempt, shared-spectrumtechnologies, 183

fees, household levy, 204for journalists, absence of,

143–145noncommercial radio, 211spectrum planning, 183suspension/revocation,

180–181Lithuania

public service broadcastinggoverning board, 201

Radio and TelevisionCommission of Lithuania(LRTK), 201

Lithuanian Radio and Television(LRT), 201

Lithuanian Radio and TelevisionCouncil (LRTT), 201

London Metropolitan Police, 145

Low-power broadcasting, 219

Malawifree speech laws, 139high Court, 139

Malaysia, 24free speech abuses, 134national security/public order

laws, 128Malaysiakini, 128Mali, 54

Comité National de l’Egal Accèsaus Médias d’Etat(CNEAME), 163

community nonprofitbroadcasting, 209, 210, 211, 225

Conseil Superieur de laCommunication (CSC), 163, 178

constitutional freedom ofexpression guarantees, 81

dual regulatory bodies, 163

Index 391

Office de Radio et de Television duMali (ORTM), 196–197, 209


Marginalized societies, 1–2, 14–17,19, 42–43

Maximum exposure, principle of,92–94

Media. See also Broadcast mediaaccountability. See

Accountabilitybottom-up vs. top-down tool, 15communication and, 15–19development and, 15–19diversity. See Diversityenvironment, 1–4, 23–25, 48–68features of, 19–23freedom/independence, 20governance and, 9–15independence, 68, 158–160paradigm, emerging, 68–73reform, 2, 72–73, 262–266

Media Diversity and DevelopmentAgency (MDDA), SouthAfrica, 220, 224–225, 239

Media Sustainability Index, IREX, 67

Medienanstalt Berlin Brandenburg(MABB), 188

MENA region. See Middle East;North Africa

Mexico, 46, 59access to information laws, 95,

96, 102, 104Middle East

freedom of information laws, 49, 50

media environment, 65–68press freedom, 49television channel ownership, 50

Morocco, 66Mozambique, self-regulation in, 179Mr. Owl series, 13Mukong v. Cameroon, 127–128Müller and others v. Switzerland,

131–132

Must-carry rules, 185–186Myanmar (Burma), 36 62

National Broadcasting Network(NBN), 65

National Polytechnical Institute,Mexico, 46

National security, free speechlimitations, 127–129

National Security Act of 1980,South Korea, 128

National TelecommunicationsPolicy, Ghana, 254, 256

Negative content regulation. See Content regulation

Nepal, 1, 64, 109–110Netherlands, 38, 39, 45

community nonprofitbroadcasting, 220–221, 222

media authority (Commissariantvoor de Media), 165

New World Information andCommunication Order(NWICO), 27–28

New York Times Co. v. Sullivan, 114, 119–120

New Zealand, 38News Corp., 63News, false, free speech limitations,

136–138Newspaper circulation

rates, 32NHK (Japan Broadcasting

Corporation), 39, 201, 204Nicaragua, 175Nigeria, 52, 245, 246

source confidentialityprotection, 147, 149

Normative values, 26–29Norris, Pippa, 12North Africa


media environment, 65–68press freedom, 49television channel ownership, 50

392 Index

North Korea, 116North Rhine Westphalia Press

Law, 149Norway, 38

Obscenity, 131–133Observatory for Press Ethics,

Mali, 178Ofcom, United Kingdom, 158,

169–170, 176Offener Kanale, Germany, 188Office de Radio et de Television du

Mali (ORTM), 196–197, 209Office of Communications Act of

2002, United Kingdom, 170Official Information Act, 1997,

Thailand, 93, 95Official Secrets Act of 1923,

India, 98OLON, Netherlands, 222One TV, Mexico, 58Open Security Institute (OSI),

54–57Open spectrum (commons)

approach, 183Opinions, 116–118Organization of American States

(OAS), 61Special Rapporteur on Freedom

of Expression, 112, 144, 232Organization for Security and

Cooperation in Europe(OSCE), 55–57

Representative on Freedom ofthe Media, 112, 144

Ownership, commercialbroadcasting, 234–235

foreign ownership rules,235–236

Pakistan, 63–64access to information laws,

96, 102Paraguay, 111Participatory broadcasting. See

Broadcasting, participatory

Participatory development, 8, 15–16PEG channels (U.S.), 187Personal Data Act, 1998,

Sweden, 91Peru, 12–13, 59

citizen feedback, 256Constitutional Tribunal, 137defamation laws, 111free speech laws, 137low-power broadcasting, 219

Philippines, 65access to information laws, 92,

103–104commercial broadcasting, 228

Poland, 118commercial broadcasting, 231constitutional guarantees of

access to information, 92Broadcasting Act, 231

Policy development, World Bank,254–257

Policy reforms, developmentoptions, 262–266

Political expression/electionsbalancing obligations, 139free speech limitations, 138–140positive content rules, 173–176

Pope, J., 88–89Positive content rules, 173–176Post on Sunday, Kenya, 134Poverty, 2, 16. See also Marginalized

societiesand community broadcasting,

41–42, 255Poverty Reduction Strategy

Program (PRSP), 246–247Power, 17Prasae Bharati, 64Principle of maximum exposure,

92–94Print media

access, 31–32in general, 25journalist regulation, 141–152. See

also Journalists, regulation ofnewspaper circulation rates, 32

Index 393

Privacy International, 49Private sector broadcasting.

See Commercial privatesector broadcasting

Privy Council, United Kingdom,134, 138

Profit, commercial broadcasting, 229Programmatic Social Reform

Loan, Peru, 256Promotion of Access to Information

Act, 2001, South Africa, 106Promotional measures, access to

information, 104–106Protected Disclosures Act of 1998,

South Africa, 103Public access channels,

186–188Public accountability, independent

regulatory body, 168Public Broadcasting: Why?

How? 191–192Public funding, 203–205Public grants, commercial

broadcasting, 238–239Public interest, 2, 6–9, 26

commercial broadcasting and,40, 237

government-controlledbroadcasting and, 36–37


Public Interest Disclosure Act of1998, United Kingdom, 103

Public officials, protection of,defamation, 114–116

removal of protection, 263Public order, free speech

limitations, 127–129Public service broadcasting, 37–39,

40, 190–192best practices, 189commercial broadcasting and,

191, 236–238director general, 201–202duties and responsibilities,

194–197

funding, 203–205governance, 197–199governing board, 199–201must-carry rules, 185–186status and independence,

193–194Public service requirements,

commercial broadcasting,236–238

Public sphere, 14The Public’s Right to Know: Principles

on Freedom of InformationLegislation, 91

Publications, reasonable, defenseof, 118–120

Publishers, right ofcorrection/reply, 150–152

Puddephatt, A., 88

R. v. Keegstra, 130R. v. Zundel, 138Raboy, Marc, 35Radio, 1, 6

access, 30–33community radio, 13, 15, 179,

243, 257, 261license fee, 203–205noncommercial license, 211satellite digital radio, 27, 184,

185–186, 229, 243spectrum. See Spectrum

Radio and Television Commissionof Lithuania (LRTK), 201

Radio Caracas Television (RCTV), 60

Radio for the Print Handicapped(RPH), Australia, 223

Radio France Internationale, 205Radio Madanpokhara, 1Radio Sutenza, 59Radio Télévision España (RTVE),

Spain, 185Rajagopal v. State of Tamil Nadu, 110Redress, defamation laws,

121–122Regime of exceptions, 96–99

394 Index

Regulation, 23–25, 44–47, 157–158best practices, 156, 171commercial broadcasting, 40–41,

230–232content and distribution,

171–173content restrictions and codes

of conduct, 177–179dual regulatory bodies, 163independence, threats to,

158–160independent regulatory body,

44–47, 70, 73, 160–170. See alsoIndependent regulatory body

must-carry rules, 185–186positive content rules, 173–176public access channels,

186–188public interest and, 8sanctions, 179–182spectrum planning, 182–184

Religious programming, in Africa, 52Reply/correction, right of, 150–152Reports

European Commission, 18Inter-American Commission on

Human Rights, SpecialRapporteur for Freedom ofExpression, 2002 report, 211

Report of the WorldCommission on Culture andDevelopment, 19

Rockefeller Foundation Report, 17

World Development Report2000/2001, 34

World Development Report2002, 21, 36, 229–230

World Development Report2007, 33

World Radio and TelevisionCouncil, 191–192

World TelecommunicationsDevelopment Report 2006, 31

Republic of Korea. See Korea

Research agenda, developmentoptions, 240–244

Right of correction/reply, 150–152Right to Information Act of 2005,

India, 98Rights and Voice Initiative (RAVI),

United Kingdom, 248–249Roxas, Mar, 103RTE, Ireland, 204Rule of law, 23–25. See also

International law;International standards

S. v. Mamabolo, 135S4C, Welsh-language channel, 176Samaresh Bose v. Amal Mitra, 133Sanctions, 179–182Satellite, 27, 184, 229, 243

license fee, 203–205must-carry rules, 185–186public access channels, 186–188

Satellite radio, 27, 184, 229, 243must-carry-rules, 185–186

Satellite television, 30–31, 183–184,185–186, 229, 243

Saudi Arabia, 66Sawt al-Ghad, 66SBLC public broadcaster, 45Secrecy

cultures of, 88–89, 104–106laws, vs. access to information

laws, 96Secrecy Act of 1981, Sweden, 99Sector analysis, World Bank,

254–256Sedition Act of 1948, MalaysiaSelf-regulation, 145–146, 177, 179Sen, Amartya, 11September 11, 2001, terrorist

attacks, 71Sexual material. See ObscenityShin Corp, 119Shinawatra, Thaksin, 65Sierra Leone, 13, 15SKY-FM, 13Slander. See Defamation

Index 395

Slovakia, 56Social change, 16Sound and Vision Broadcasting

Funding Scheme, Ireland, 239Source confidentiality, protection

of, 146–150South Africa, 52

access to information laws, 92,93, 98, 103, 104, 106

commercial broadcasting, 233, 235

community nonprofitbroadcasting, 210, 215, 219,220, 224–225

Constitution of, 161Constitutional Court, 135constitutional freedom of

expression guarantees, 80defamation laws, 110, 120Electronic Communications Act

of 2006, 210, 225free speech limitations, 125, 135Government Communication

Information System (GCIS), 239

Human Rights Commission, 106Independent Broadcasting

Authority Act of 1993, 80,199, 210

Independent CommunicationAuthority of South Africa(ICASA), 158, 167–168, 199,225, 233

Independent CommunicationAuthority of South Africa(ICASA) Act of 2002, 161

independent regulatory body, 161

Media Diversity andDevelopment Agency(MDDA), 220, 224–225, 239

Promotion of Access toInformation Act, 2001, 106

public service broadcasting, 199South African Broadcasting Act

of 1999, 210

South African BroadcastingCorporation (SABC), 80, 199

South African Telecommunica-tions Regulatory Authority(SATRA), 161

Universal Service and AccessAgency, 225

whistle-blower protection, 103, 106

South African Broadcasting Act of1999, 210

South African BroadcastingCorporation (SABC), 80, 199

South African TelecommunicationsRegulatory Authority(SATRA), 161

South Americapress freedom, 49television channel ownership, 50

South Korea, 38, 116Constitutional Court, 132national security/public order

laws, 128obscenity laws, 132

South/Southeast Asiacommercial broadcasting, 228freedom of information laws,

49, 50media environment, 62–65

Soviet Union, former, mediaenvironment in, 53–57. Seealso Commonwealth ofIndependent States (CIS)

Spain, 46Cable Telecommunications Act,

1995, 185must-carry rules, 185public service broadcasting

funding, 203Radio Télévision España

(RTVE), 185Special Broadcasting Service (SBS),

Australia, 46Special Rapporteur of Freedom of

Expression, 112, 144, 211, 232

396 Index

Spectrumallocation, 182–184licensing, 183, 215–217open spectrum (commons)

approach, 183planning, 182–184potential dangers, 243radio, 182–183, 236–237, 243television, 182, 243

Spycatcher case, 129Sri Lanka, 45, 64–65

defamation laws, 111Sri Lanka Broadcasting

Corporation (SLBC), 65Standard, Zimbabwe, 136Standards, international. See

International standardsStandards on Exceptions, Council

of Europe, 97Stanton, Frank, 6State-controlled broadcasting. See

Government-controlledbroadcasting

Stiglitz, Joseph, 14, 89Sub-Saharan Africa


media environment, 51–53press freedom, 49

Subsidies, commercialbroadcasting, 238–239

Support Fund for Radio Expression(Fond de soutien a l’expressionradiophonique), France, 223, 224

Sustainability, 23development of, 264financial, 22–23funding of, 220–222institutional, 23social, 23

Swedenaccess to information

guarantees, 91, 99constitutional freedom of press

guarantees, 83

Freedom of the Press Act, 96Switzerland, 38

public service broadcastingfunding, 203

Syria, 66

Tanzania, 52Technologies, 39–40Telesur, 61Television, 2, 18

access, 30–33analog, 184analog to digital switchover,

184, 244digital, 183, 244importance of, 18license fee, 203–205ownership distribution,

regional, 50public access channels, 186–188public service, 46. See also Public

service broadcastingsatellite, 30–31, 183–184,

185–186, 229, 243terrestrial, 176, 184, 243

Televisión Nacional de Chile (TVN),58, 195, 204

Tempo, Indonesia, 109Terrorist attacks, September 11,

2001, 71Thai Rak Thai Party, Thailand, 119Thailand, 64, 65

Allocation of Telecommunica-tion and BroadcastFrequencies Act, 2000, 183

free speech limitations, 125freedom of expression laws,

81, 98freedom of press laws, 84“good faith” defense, 119Official Information Act of 1997,

93–94, 95spectrum planning, 183

Three-part test, internationalstandards, 124

Timor-Leste, 258

Index 397

Togo, 111Tolstoy Miloslavsky v. The United

Kingdom, 121Transparency, 14, 23

independent regulatory body166–168

World Bank, 256–257Truth, proof of, defamation laws,

113–114Turkey, hate speech laws,

130–131Turkmenistan, 36TVN, Chile, 58, 195, 204

Uganda, 52free speech laws, 137Supreme Court, 137

UK Press Card Authority, 145Ukraine, 111UNESCO, 28

Convention on Diversity ofCultural and ArtisticExpressions, 191

Union des Radios et Televisions Libresdu Mali, Mali, 178

Union Nationale des Journalists du Mali, Mali, 178

United Kingdom, 38, 46. See alsoEuropean Court of HumanRights

access to information laws, 93,95, 96, 98–99, 104

BBC, 39, 176, 190, 202, 205Cabinet Office, 167Channel 4, 46, 176Channel 5, 176consultation policies, 167defamation laws, 108, 110,

111, 120Department for International

Development (DfID), 248–249

Freedom of Information Act, 95, 103

human rights and internationallaw, 85

ITV, 176journalist accreditation, 145Ofcom, 158, 167, 169–170, 176Privy Council, 134, 138Public Interest Disclosure

Act of 1998, 103public service broadcasting, 176,

191, 203Rights and Voice Initiative

(RAVI), 249United Nations

Development Program (UNDP),10, 12

Human Rights Committee,127–128

Roundtable on CommunicationsDevelopment, 208

Special Rapporteur on Freedomof Opinion and Expression,112, 144

United Statesaccess to information laws,

100, 105commercial broadcasting,

228, 236Communications

Act of 1934, 236defamation laws, 111, 114Federal Communications

Commission (FCC), 158, 187, 211

Freedom of Information Act,1966, 100

noncommercial radio licenses, 211

public access channels, 187public service broadcasting

funding, 203Supreme Court, 114, 119–120, 187

Universal Service and AccessAgency, South Africa, 225

Uruguay, 60, 61

398 Index

Venezuela, 59, 60community nonprofit

broadcasting, 210, 211, 215, 225

Vietnam, 62Voice, 6, 14, 16

promotion of, 263–264Voices of the Poor, 16

Western Europe, 38commercial

broadcasting, 228media environment in, 56media regulation in,

159–160television channel

ownership, 50Whistleblowers, 103–104WiFi, 183World Association of Community

Radio Broadcasters(AMARC), 246

World Association of Newspapers, 71

World Bank, 10, 12, 245, 246Development Dialogue Series, 245roles and assistance instruments,

249–259World Bank Institute (WBI), 254World Development Reports.

See ReportsWorld Press Freedom Day, 11World Radio and Television

Council, 191–192World Summit on the Information

Society, 28World War II, 118

Yatama case, 175–176Yemen, 66Yugoslavia, source confidentiality

protection, 148

Zambia, 144Zimbabwe, 24, 36

defamation laws, 110false news, 136

Zimbabwe National Army, 136

Index 399

About the Authors

Steve Buckley is Managing Director of CM Solutions, a media enter-prise support agency, and President, since 2003, of the World Associ-ation of Community Radio Broadcasters. He is a communicationspolicy expert and media development adviser who has worked withgovernments, UN agencies, and nongovernmental organizations.

Kreszentia Duer is the New Business Development Leader in theWorld Bank Institute and manager of its technical assistance programto strengthen policies, institutions, and capacities for Civic Engage-ment, Empowerment, and Respect for Diversity (CEERD) in devel-oping countries (worldbank.org/ceerd). She has been innovating andhas developed and managed World Bank country assistance pro-grams in diverse sectors and regions for thirty years: in communitydriven development and broader rural and urban development, en-vironment, social development, cultural industries, and intellectualproperty rights; and through CEERD, has advised and contributed todevelopments in education, governance and accountability, broad-casting policy and telecommunications, in Africa, Asia, Latin Amer-ica, and Eastern Europe. She is a member of the Editorial Board of thejournal Policy Sciences.

Toby Mendel is the Law/Asia Programmes Director, Article 19,Global Campaign for Free Expression. He is the author of numerousbooks and articles on issues such as broadcasting, the right toinformation, defamation, and other freedom of expression issues.

Seán Ó Siochrú is Director of NEXUS Research in Dublin, Ireland;Chair of Dublin Community Television; and a spokesperson for thecampaign for Communication Rights in the Information Society(CRIS). He has published many books, chapters, and articles on media

401

and communication issues and works with international agencies andnongovernmental organizations across the world.

Monroe E. Price is Director of the Center for Global CommunicationStudies at the Annenberg School for Communication at theUniversity of Pennsylvania, Professor of Law at Cardozo School ofLaw, and Director of the Stanhope Centre for Communications PolicyResearch in London.

Marc Raboy is the Beaverbrook Chair in Ethics, Media and Commu-nications and is a Professor in the Department of Art History andCommunication Studies at McGill University, Montreal, Canada. Hehas been a consultant to various international organizations, includingthe World Bank, UNESCO, the Council of Europe, and the EuropeanBroadcasting Union, and is the author and editor of numerous booksand articles on media and communication policy.

402 About the Authors

'tll:iming in the third world tend either to lament the lack of governance, aceountab11ity and competence, or to speak down to their readers. This book is part of a new generation that acknowledges ability and a willingness to move forward into the twenty-first century with integrity and imagination. It is not patronizing, and it is certainly not boring. It focuses on really useful approaches to setting up, sustaining, and governing broadcasting systems across the world. This is an excellent book whose combination of sound scholarship and intelligent advice will be welcomed by policymakers and broadcasters alike. N

-Ruth Teer-Tomaselli, UNESCO Chair in Communication for Southern Africa, Culture, Communication and Media Studies, University of KwaZulu-Natal

Cover illustrations: Top photograph by Kate Coyer, a post-doctoral research fellow with the Annenberg School for Communication at the University of Pennsylvania and the Center for Media and Communication Studies at Central European University. Other photographs courtesy World Bank staff and photo library.

Ann Arbor The University of Michigan Press www.press.umich.edu

ISBN - 13 : 978-0 - 472 - 03272 - 3 IS BN-10 : 0- 472-03272-0

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