A Bill to make provision for the regulation of broadcasting with a view to promoting independent, pluralistic broadcasting in the public interest; for that purpose to establish a juristic person to be known as the Independent Broadcasting Authority which shall function wholly independently of State, governmental and party political influences and free from political or other bias or interference; to define the powers, functions and duties of that Authority; to provide for the exercise of powers relating to the administration, management, planning and use of the broadcasting services frequency bands to the said Authority; and to provide for incidental matters.
RECOGNISING THAT —
- The right to freedom of expression, including the public’s right to a pluralistic media, is a fundamental human right, protected under Article 28 of the Interim Constitution of Southern Sudan;
- The right to freedom of expression is also recognised under Article 19 of the International Covenant on Civil and Political Rights, to which Sudan is a State party, and under Article 9 of the African Charter on Human and Peoples’ Rights, to which Sudan is also a State Party;
- The Declaration of Principles on Freedom of Expression adopted by the African Commission on Human and Peoples’ Rights states that regulatory authorities for the broadcast sector should be independent and adequately protected against interference, particularly of a political or economic nature; that the appointments process for members of such an authority should be open and transparent, involve the participation of civil society, and shall not be controlled by any particular political party; and that such an authority should be formally accountable to the public through a multi-party body;
NOTING THAT —
- the Southern Sudanese broadcasting system comprises public, commercial and community elements; and
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