Judgment No. CCZ 9/2016 30
Const. Application No. CCZ 316/2012
There has been no doubting that it is in the public interest to encourage the growth
and development of public television and radio broadcasting for informational, educational,
cultural and entertainment purposes. A public service broadcaster thus requires a particular legal
framework and certain structural attributes to enable it to execute its mandate effectively. Public
broadcasters are generally defined in terms of their characteristics and purposes.
International standards require States to ensure that public broadcasting services
operate in an independent manner. This means fundamentally guaranteeing their administrative
and editorial freedom. It also means guaranteeing their financial independence.
Article VI of the Principles on Freedom of Expression in Africa provides that for
a public broadcasting service system to comply with the requirements of freedom of expression,
the following must be observed in the relevant broadcasting legislation framework:
•
Public broadcasters should be governed by a board which is protected against
interference, particularly of a political or economic nature;
•
The editorial independence of public service broadcasters should be guaranteed;
•
Public broadcasters should be adequately funded in a manner that protects them from
arbitrary interference with their budgets.
•
Public broadcasters should strive to ensure that their transmission system covers the
whole territory of the country.
•
The public service ambit of public broadcasters should be clearly defined and include
an obligation to ensure that the public receive adequately, politically balanced
information particularly during election periods.
Select target paragraph3
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