Copy1-Ttimson Lucia, R1918265H
Copy1-Ttimson Lucia, R1918265H
Copy1-Ttimson Lucia, R1918265H
Level 2.2
Lecturer Mr Mandava
Question Discuss key considerations in the creation and running of ,"truly" independent
communication regulatory bodies.
Regulatory bodies refers to something that is done exclusively by the government ,a matter of the
state legal enforcement while for others regulation is the mostly work of social actors who
monitor actors including governments.Faur (2010). Key considerations such as legal status ,
membership appointment and Funding just to mention a few can be linked to the creation and
running of truly independent communication bodies as without acknowledging these
considerations the creation of these bodies will be hopeless.
A 'truly' independence communication body ought to be independent meaning that the law that
establishes the regulator needs to clear laws that make sure that in its day-to-day running these
other institutions have no influence over the decisions that it makes. Mostly government,
political parties, and media interest tend to influence the day-to-day running of the regulatory
body. In the process of propounding laws the government is ever active in the decision making
henceforth making it not be a truly independent body. The broadcasting regulator should stand
apart from all particular interests and represent the public interest. So appointment procedure,
membership just to name a few can help the regulatory body to be independent and not prone to
outside interference.
Legal status is one of the key considerations that should be taken into account when creating
truly independent communication bodies. This means that a regulatory bodies should be created
through legal processes so as to conduct its given tasks without facing any backlashes. A legal
status enables those who are going to be monitored by the regulatory body to be aware of its
powers, responsibility and how it is protected legally from external interference thus showing
how having a legal status is a key consideration in the creation of truly independent
communication bodies. (Gateway, 2022) states that a legal basis is needed to guarantee the
permanence, continuity, universality and compulsoriness of regulatory registration systems.
Apart from having a legal status, communication regulatory bodies must give attention to the
appointment of members in the regulatory bodies. According to (Section 41 Appointment, term
of office and removal of members of Regulator - POPIA, 2022) Members of the Regulator must
be appropriately qualified, fit and proper persons. Members must be appointed by the public or
must be appointed after consulting the public through public hearings and also a parliamentary
portfolio must also be setup to interview the candidate’s integrity and qualifications which in
turn will help in having experienced and accountable members in the regulatory body thus
creating an independent communication body.
In addition, funding is also another key consideration. In order for the communication bodies to
be independent they must be financially equipped either through funds availed to them by the
government, donations and revenue. By being financially equipped there is no room for the body
to ask for funds from external organizations that in turn will make these forces to interfere with
their business. Also they should be laws that bind or block those who are funding the body from
using this procedure to interfere with it and also a parliamentary should oversee or be responsible
in overseeing the whole procedure of funding the communication body thus enabling the creation
of truly independent body. (Carver, 2022) states that the framework for funding should be set out
in the law establishing the regulator.
Accountability also plays a huge role in the creation and running of a truly independent
regulatory bodies in the sense that it helps regulator to report on regular basis to give an account
on what they are able to do,it’s budget and audited financial records to the public it represents.
The regulator reports on what it has done, but it is not for the legislature, or the public or
stakeholders to try to influence any individual decision that it is going to make. In as much as the
regulatory body wants to be independent at the end of the day it should be answerable to a
specific body. It is vital that it be seen to take public opinion and interest into account on the
decisions that they make in order to make good relations with the public and avoid public
hostility.
Mandate and powers is another key consideration in emancipation of the regulatory bodies. In
broadcasting the regulator is likely to have considerable discretion to make sure that the
broadcasting sector is functioning in a pluralistic manner, fulfilling the rights to freedom of
expression and freedom of information. A regulator has power to issue licences to broadcasters.
The BAZ (Broadcasting Authority of Zimbabwe) is responsible for the licensing of broadcasting
services, in accordance with the Broadcasting Services Act [Chapter 12:06]. Which is it's
mandate and therefore it has power by so doing because if no license is granted no television
station or radio station seize to function without a license infact it will just be a mere YouTube
channel or podcast. So for a regulatory body to be a 'truly' independent body mandate and
powers have to exist within the regulatory body.
Many considerations can be put into actions for a regulatory body to reach a 'truly' independent
communication regulatory body which include independence, mandate and powers, funding just
to name a few. These key consideration work hand in hand in achieving a communication
regulatory body that is not influenced by exterior forces but rather works in favor of the public
interest.
Reference List
Carver, R., 2022. Broadcasting Pluralism and Diversity TRAINING MANUAL FOR AFRICAN
REGULATORS. 1st ed. Cape Town: University of Witwatersrand.
Faur D,L 2010 Regulation and regulatory governance: Israel: The Hebrew
University ,Mount ,Scops Jerusalem
Gateway, C., 2022. Legislation or regulation? [Online] Crvsgateway.info. Available at:
<https://crvsgateway.info/Legislation-or-regulation~595> [Accessed 28 July 2022].