Govt push for MACRA action raises independence concerns

Government’s directive for the Malawi Communications Regulatory Authority (MACRA) to discipline two private broadcasters has sparked concerns about interference with the regulator’s independence.

Information Minister Shadric Namalomba has requested MACRA to “promptly initiate disciplinary proceedings” against Zodiak Broadcasting Station (ZBS) and Luntha TV regarding reports about President Arthur Peter Mutharika’s travel.

This request raises questions since the Communications Act does not grant the minister authority to initiate regulatory actions against specific broadcasters.

According to Section 5(1) of the Act, MACRA can seek general policy direction from the minister, not the reverse. Section 5(2) requires any ministerial direction to be provided in writing and published in the Government Gazette; however, no such Gazette notice was released at the time of this publication.

Section 5(3) clearly states that MACRA “shall be independent in the performance of its functions,” indicating that enforcement action falls outside ministerial directives. The Act further details that regulatory actions should be independently determined, necessitating compliance orders or licenses suspension only after confirming a breach and providing the affected broadcaster with written notice and the chance to respond.

While the government has the right to lodge complaints with MACRA, the recent statement did not suggest that it was merely requesting an investigation. Instead, the government urged MACRA to take immediate disciplinary actions against ZBS and Luntha TV.

This distinction is crucial, as it implies the government did not utilize its right to seek a statutory correction before calling for disciplinary measures. If MACRA were to impose sanctions, the minister’s public intervention could affect the integrity of the appeal process under Section 196, which allows arguments against perceived executive influence on MACRA’s judgment.

Furthermore, the Communications Act includes provisions for correcting inaccurate broadcasts. Affected individuals can submit written counter-statements within 30 days, requiring broadcasters to air them within 10 days, free of charge. Government’s statement did not confirm whether it pursued this route before seeking disciplinary proceedings.