The new African Union inaugurated in Durban in July 2002 and the New Partnership for Africa’s Development (NEPAD) do not adequately – if at all – deal with the question of media policy and regulation.
In one respect the lack of clear articulation on an area critical to Africa’s democratic and developmental agenda is good, in that it leaves room for broader participation by African citizens in the formulation of media policy and regulations at the continental level. Such participation is crucial in that it encompasses the exercise of freedom of expression, leads to the achievement of ‘good governance’, and ultimately facilitates socio-economic development.
In another respect the failure to articulate media policy and regulatory frameworks might be construed as a sign that the status quo is considered adequate. Perhaps there is no realisation that policies and regulations need to be explicitly articulated if communications media are to play their role in the achievement of African integration and socio-economic development? It may be that the African Union and NEPAD are unaware that the media as businesses or economic institutions require stable, predictable policy environments and clear, efficient and independent regulatory frameworks.
Perhaps there is no realisation that policies and regulations need to be explicitly articulated if communications media are to play their role in the achievement of African integration and socio-economic development?
South Africa’s Broadcasting Amendment Bill controversy, Zimbabwean Trevor Ncube’s acquisition of South African newspaper Mail & Guardian, and the state of Zimbabwe’s media environment give an indication of the challenges facing policy-makers in southern Africa. Similar arguments about governmental interference and cross-border ownership are raging across east and west Africa. Then there is the reality that satellite technology and the convergence of media and telecommunications, which creates media that reaches across borders, has landed firmly on the continent. Clearly, African policies and regulatory frameworks (traditionally having been formulated for national entities) need a rethink.
Both the African Union and NEPAD need to initiate debate and discussion at various levels which seek to harmonise media policy and regulation in Africa. It would make sense to begin the process through the existing regional trade and economic blocs such as the SADC, ECOWAS and the East African Union. Communications patterns in these regions already interface and share similarities in respect of language and relevance of content, ownership and distribution. The debates and discussions should focus on several issues.
First, the principles informing media policy and regulation in Africa, taking account of the fact that the continent has a democratisation and developmental agenda in a global world. Central to such philosophies should be notions of freedom of expression and freedom of the media, which facilitates dialogue between and amongst Africa’s peoples. Such discussions should also focus on issues of media accountability and seek to ensure that editorial and creative independence is not undermined.
Second, methods for creating pluralistic and diverse media that give voice to as many African social and cultural groups as possible. Questions of media ownership should be discussed and clarity sought on how to regulate ownership within nation states, across Africa, and on foreign ownership from outside Africa. The major challenge will be finding ways of harmonising media policy with macroeconomic policies that seek to attract foreign direct investment.
Third, the creation of independent or highly autonomous regulators free of control from political and economic interests. This includes ensuring that regulators have the requisite financial, intellectual, technological and managerial skills and resources.
Fourth, ways of promoting the production and dissemination of African media content within an African media market. This facilitates the promotion of cultural exchange as well as the achievement of economic goals.
Fifth, finding ways of linking policy-making and regulation at the national level to the regional and continental levels.
Perhaps such an exercise would even prove beneficial to the functioning of the African Union and NEPAD in general. Harmonising policy making and regulation has major implications for the way institutions like the African Parliament and Court of Justice operate; and more specifically, what powers they have to co-ordinate policies and to adjudicate disputes and contracts.
Dr. Tawana Kupe is head of media studies at Wits University’s School of Literature and Language Studies.