MALAWI BROADCASTING REGULATIONS

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MALAWI BROADCASTING REGULATIONS

• A PRESENTATION BYJAMES CHIKU KAPHALE LLB (HONS)
  MW -LEGAL CONSUMER AFFAIRS MANAGER

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INTRODUCTION

• Broadcasting Regulations are made in line with
  Communications Act (1998)
• If gazetted they shall be called Broadcasting
  regulations 2006
• The purpose is regulate and guide broadcasting
• They apply to all broadcasting licensees
• It touches on all aspects of broadcasting like
  control, advertising, accurate reporting etc

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CONTROL OF BROADCASTING SERVICE

• There should be no undue influence over
  broadcasting services by any commercial company
  or business
• No political party shall be allowed to control or
  influence programming on broadcasting station

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ADVERTISING

• A broadcasting licensee shall ensure that any
  advertisements that are broadcast are in
  conformity with the principles of fair
  competition
• Do not unfairly attack or discredit, directly or
  by implication, any other advertisers, products
  or advertisements
• A broadcasting licensee shall before broadcasting
  an advert ensure that claims in the advert have
  been adequately substantiated
• A licensee shall ensure that advertising breaks
  are distinguishable from broadcast programmes

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LOCAL CONTENT

• Unless otherwise stated 20 of television
  programmes shall be local and 40 for radio
• The regulation above shall not apply to news
  broadcasts
• Local news shall constitute the majority of news
  broadcasts

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PROGRAMME CLASSIFICATION

• A licensee most especially television
  broadcasters must classify their programmes
• The classification must include appropriate age
• Whether it contains nudity, sexual conduct,
  violence of offensive language

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BROADCAST OF UNCONFIRMED REPORTS

• Licensees are discouraged to broadcast material
  that is not based on fact
• If a broadcasting report was incorrect it shall
  be immediately rectified and without reservation
• The correction is better done during the same
  time as the previous

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CONDUCT OF INTERVIEW

• A person shall be advised on the topic before
  being interviewed
• Informed if the interview is going to be live
• Request permission from a minors parents before
  interview
• Licensees should exercise sensitivity in
  interviewing bereaved persons or survivors of
  traumatic incidents.

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PROHIBITION OF PARTY ELECTION BROADCAST

• A licensee may not broadcast a party election
  broadcast except during election period
• During an election no single party broadcast
  shall exceed 10 minutes
• A party election broadcast may not contain any
  material which may reasonably be anticipated to
  expose the broadcasting licensee to legal
  liability if such material were to be broadcast

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EQUITABLE TREATMENT OF POLITICAL PARTIES DURING
ELECTIONS

• Licensees must treat political parties equitably
• In case of criticism levelled against one party,
  a licensee shall afford the aggrieved party an
  opportunity to respond

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LIVE BROADCASTS

• A licensee should ensure that it has a delay
  machine before embarking on a live phone-in
  programme
• A broadcasting licensee shall not broadcast live
  any matter in a phone in programme which offends
  against good taste of decency
• Contains offensive language, including blasphemy
• Presents sexual matters explicitly

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BROADCASTS CONDUCTED WITHOUT PERMISSION

• Licensees shall not broadcast any programme
  material other than that permitted by the
  Authority in a License
• Licensees shall be required to apply to MACRA to
  broadcast programmes which are not permitted

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• The Effective Date of these regulations shall be
  the date it will be published in the Gazette.

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THANK YOU