AMB Malawi 2010 English
Transcription
AMB Malawi 2010 English
Friedrich-Ebert-Stiftung (FES) fesmedia Africa 95 John Meinert Street Windhoek, Namibia Tel: +264 61 237438 Fax: +264 61 237441 E-mail: fesmedia@fesmedia.org www.fesmedia.org Media Institute of Southern Africa (MISA) Regional Secretariat based in Namibia 21 Johan Albrecht Street Windhoek, Namibia Private Bag 13386 Tel: +264 61 232975 Fax: +264 61 248016 www.misa.org Supported by: AFRICAN MEDIA BAROMETER The first home grown analysis of the media landscape in Africa MALAWI 2010 ISBN No. 978-99916-864-2-4 Published by: Friedrich-Ebert-Stiftung (FES) fesmedia Africa Windhoek, Namibia Tel: +264 (0)61 237438 E-mail: fesmedia@fesmedia.org www.fesmedia.org Director: Mareike Le Pelley © Friedrich-Ebert-Stiftung (FES) and Media Institute of Southern Africa (MISA) ISBN No. 978-99916-864-2-4 The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Friedrich-Ebert-Stiftung, fesmedia Africa or MISA. fesmedia Africa or MISA do not guarantee the accuracy of the data included in this work. AFRICAN MEDIA BAROMETER The first home grown analysis of the media landscape in Africa Malawi 2010 CONTENT SECTOR 1: 11 Freedom of expression, including freedom of the media, are effectively protected and promoted. SECTOR 2: 25 The media landscape, including new media, is characterised by diversity, independence and sustainability. SECTOR 3: 37 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. SECTOR 4: 53 The media practise high levels of professional standards. AFRICAN MEDIA BAROMETER MALAWI 2010 3 The African Media Barometer (AMB) he African Media Barometer (AMB) is an in-depth and comprehensive description and measurement system for national media environments on the African continent. Unlike other press surveys or media indices the AMB is a selfassessment exercise based on homegrown criteria derived from African Protocols and Declarations like the “Declaration of Principles on Freedom of Expression in Africa” (2002) by the “African Commission for Human and Peoples’ Rights”. he instrument was jointly developed by fesmedia Africa, the Media Project of the Friedrich-Ebert-Stiftung (FES) in Africa, and the Media Institute of Southern Africa (MISA) in 2004. he African Media Barometer is an analytical exercise to measure the media situation in a given country which at the same time serves as a practical lobbying tool for media reform. Its results are presented to the public of the respective country to push for an improvement of the media situation using the AUDeclaration and other African standards as benchmarks. he recommendations of the AMB-reports are then integrated into the work of the 19 country oices of the Friedrich-Ebert-Foundation (FES) in sub-Sahara Africa and into the advocacy eforts of other local media organizations like the Media Institute of Southern Africa. Methodology and Scoring System: Every two to three years a panel of 10-12 experts, consisting of at least ive media practitioners and ive representatives from civil society, meets to assess the media situation in their own country. For 1 1/2 days they discuss the national media environment according to 45 predetermined indicators. he discussion and scoring is moderated by an independent consultant who also edits the AMB- report. After the discussion of one indicator panel members allocate their individual scores to that respective indicator in an anonymous vote according to the following scale: 4 1 Country does not meet indicator 2 Country meets only a few aspects of the indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator AFRICAN MEDIA BAROMETER MALAWI 2010 he sum of all individual indicator scores will be divided by the number of panel members to determine the average score for each indicator. hese average indicator scores are added up to form average sector scores which then make up the overall country score. Outcome: he inal, qualitative report summarizes the general content of the discussion and provides the average score for each indicator plus sector scores and overall country score. In the report panellists are not quoted by name to protect them from possible repercussions. Over time the biennial or tri-annual reports are measuring the media development in that particular country and should form the basis for a political discussion on media reform. In countries where English is not the oicial language the report is published in a bilingual edition. Implementing the African Media Barometer the oices of the Friedrich-EbertStiftung (FES) and - in SADC countries the Media Institute of Southern Africa (MISA) - only serve as a convener of the panel and as guarantor of the methodology. he content of the discussion and the report is owned by the panel of local experts and does not represent or relect the view of FES or MISA. At the end of 2008 the indicators were reviewed, amended and some new ones were added to address the rapid developments in Information Communication Technology. By the end of 2009 the African Media Barometer had been held 46 times in 25 African countries, in some of them already for the third time. Kaitira Kandjii Regional Director Media Institute of Southern Africa Windhoek, Namibia Mareike Le Pelley Head of fesmedia Africa Friedrich-Ebert-Stiftung Windhoek, Namibia AFRICAN MEDIA BAROMETER MALAWI 2010 5 See above 27 AMB Countries (2005-2010) 6 AFRICAN MEDIA BAROMETER MALAWI 2010 AFRICAN MEDIA BAROMETER MALAWI 2010 Executive Summary he Constitution of Malawi guarantees freedom of expression, including press freedom. he Constitution also guarantees that the Press shall have the right to report and publish in Malawi and abroad and be accorded the fullest possible facility for access to public information. Malawi’s constitution also states that every person shall have the right to access all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his/her rights. However, these freedoms are not supported by other pieces of legislation. In 1998, the Law Commission of Malawi proiled 35 laws that existed in statute books that go against the spirit of press freedoms exhibited in the Constitution. To date, these laws remain on the statute books and negate the freedoms guaranteed in the constitution. A wide range of news sources is available and afordable to the public. Independent newspapers and radio stations have played an increasingly important role in recent years. As of 2009, 11 newspapers – including two dailies - were available, the majority of them being privately owned. Print media is restricted to a few publications due to high production costs of printing and publishing. But even though newspapers are costly, people are hungry for information and ind other means to access news. In Malawi, radio is the cheapest media product for people to access. Approximately 23 radio stations and 2 television stations operate in the country. However, there is a huge disparity in terms of access. In some parts of the country, up to six or seven radio stations can be picked up, while in others, there is no access to local broadcasters. Internet in Malawi is prohibitively expensive. his could be because Malawi’s existing ICT policy is more enabling for the business community and focuses on facilitating their capacity to conduct business, rather than on making new media products accessible to the general population. he Government has, however, provided very few concessions that are speciic to the online media industry. Computers and laptops enjoy duty free status but there are other import taxes that have to be paid. here are no laws in Malawi that protect conidential sources of information and the impending Access to Information Bill and current legislation do not protect sources. his Bill - which has been discussed for over a decade now - has not yet been legislated and the provisions contained within it restrict the public’s access to information. While Section 37 of the Constitution guarantees access to information held by State organs or bodies, in practice it is diicult to retrieve information that should be accessible in the public domain. he constitutional provision envisaged that there would be supporting legislation that would broaden AFRICAN MEDIA BAROMETER MALAWI 2010 7 the guarantee, but instead, there are various impediments that make it diicult to access public information. he ability of Malawian journalists to express themselves is slowly diminishing as threats and intimidation through informal networks are on the increase. Journalists are practicing self-censorship and often approach stories diferently depending on who they are working for and what the issue may be. his tendency is a result of claw back laws and pieces of legislation such as those in the Penal Code, which are restrictive and curb freedom of expression, while giving the Minister power to restrict materials and publications that he or she may consider not to be in the interests of the public. Libel and defamation remain criminal ofenses, punishable by two years in prison. As is common practice in most countries, it is pleasing to note that in Malawi, websites and blogs are not obliged to register with the authorities and there are no legal restrictions preventing anyone from setting up a website. Although there have been attempts to block certain websites, these have been unsuccessful. An ICT policy was adopted in 2003, long before internet became as widespread as it is now1. hat spread is still rather limited though, and the majority of civil servants in government institutions still do not have email addresses, let alone access to internet. he general sentiment in Malawi is that internet and websites are mostly for entertainment. hey are not seen as tools of communication. Only a few people are able to access internet because of the restrictive costs for internet and the lack of access to computers. Malawi’s media legislation processes have not evolved from meaningful consultations among state institutions, citizens and interest groups. Instead, consultation processes that have taken place have been conined to an exclusive group of people. he Malawi Communications Regulatory Authority (MACRA) has been working on restructuring itself and amending the Communications Act of 1998. he consultative process has been conined to certain key players and stakeholders, but there is no guarantee that the sentiments expressed by these actors were in fact considered or incorporated into the legislation being reviewed. he general population has not been included and is probably not even aware that there is a Communications Amendment Bill on the table. he State tends to impose actions on the general population even on issues not connected to media. Women often make the news when they are victims of rape, domestic violence, loods or other catastrophes. here are certain prominent women who are often contacted for comment, but on stories that are considered to be ‘hard’ issues - such as the budget discussion or policy analyses - the sources and expert analysts are invariably men. In the past few years, there seems to have been a concerted efort to include women’s voices on a range of stories and issues. he media tends to relect the structure of society where the majority of leadership positions are in 1 he ICT Policy is currently under review. 8 AFRICAN MEDIA BAROMETER MALAWI 2010 the hands of men, so it is not surprising that men have a dominating presence in media content. As such, having more female journalists in the newsroom, unfortunately, does not necessarily translate into issues being engendered. he broadcasting legislation passed in 1998 provides for a conducive environment for public, commercial and community broadcasting. Sadly, despite this legislation, there has been no transformation of the national broadcaster, which remains a State broadcaster in terms of its operations. Some positive developments have emerged in Malawi’s media since the last African Media Barometer (AMB) in 2008. he government of Malawi is reviewing the Communications Act to take into consideration transformations in information and communication technology (ICTs). his review process provides a golden opportunity for human rights groups to campaign for the transformation of the state broadcaster into a public broadcaster. Furthermore, over the past couple of years, media content has improved and the standard of Malawi’s media houses has also risen. In previous years, numerous media houses faced lawsuits because of the stories they published or broadcast. A number of publications closed down as a result of costly defamation suits against them, and journalists now seem to be writing with greater caution and more professionalism in their approach. he media are also being held increasingly accountable by a society that is becoming savvier about what constitutes balanced and fair reporting. here has also been a revival of the Media Council of Malawi (MCM), as well as the establishment of the Journalists Union of Malawi ( JUMA) to look after the welfare of journalists and to improve ethical reporting respectively. As Malawi heads towards the tripartite elections in 20142, lobbying by civil society groups for the reform of anti-media laws, the adoption of the Access to Information Bill and the transformation of the MBC into a public broadcaster should be prioritised and consolidated 2 Debates on the 2014 elections are already heating up following speculation that President Bingu wa Mutharika is grooming his younger brother Peter Mutharika to succeed him when his term expires in 2014. AFRICAN MEDIA BAROMETER MALAWI 2010 9 SECTOR 1 SECTOR 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. AFRICAN MEDIA BAROMETER MALAWI 2010 11 SECTOR 1 Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Analysis: Section 35 of the Republic of Malawi Constitution guarantees freedom of expression, stating that: “Every person shall have the right to freedom of expression.” Section 36 warrants that: “he press shall have the right to report and publish freely in Malawi and abroad, and to be accorded the fullest possible facilities for access to public information.” Section 37 goes on to state that:“Subject to any Act of Parliament, every person shall have the right to access all information held by the State or any of its organs at any level of Government in so far as such information is required for the exercise of his rights.” As the supreme law of the land, the Constitution protects freedom of expression, media freedom and access to public information. hese freedoms are not, however, supported by other pieces of legislation. In recent months there have been threats by the state to curb media freedom and freedom of expression. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 12 AFRICAN MEDIA BAROMETER MALAWI 2010 3.3 (2008: 3.9; 2006: 2.5) SECTOR 1 1.2 The right to freedom of expression is practised and citizens, including journalists, are asserting their rights without fear. Analysis: People in Malawi speak freely on all subjects and express strong views against the government though not always through oicial channels of communication. Most of the time, these strong sentiments are vocalized in conversations at informal settings such as beerhalls, community meetings or social gatherings. he most popular medium used by the general public to express their views is radio, because it is easier for people to call in to talk shows and express their opinions anonymously, or by identifying themselves only with their irst name. Members of the public who do not wield inluence are not perceived as a threat to the state so people are left to say what they want to say. People speaking from a sphere of inluence and seen to confront the structures of power are silenced through intimidation and threats. his tends to have a ripple efect on certain sectors of society, which in turn become wary about speaking out. Government and community leaders who were once keen participants on radio shows discussing pertinent issues are increasingly turning down invitations by talk show hosts. his seems to be relective of the short-lived sense of freedom in Malawi, which is slowly being eroded by recent threats: 1. An NGO director recalled how she received threatening calls after being interviewed on radio about the controversial adoption of Malawian born David Banda by celebrity pop star Madonna. 2. Speaking at the 2010 agricultural fair in Blantyre, President Bingu wa Mutharika threatened to arrest editors and close down papers who were writing negative stories about the government. 3. he leadership of the ruling Democratic Peoples’ Party (DPP) have made it clear that they will not entertain the idea of the Deputy President of Malawi, Joyce Banda being considered as a successor to President Bingu wa Mutharika in the next election. Female DPP Member of Parliament (MP), Anita Kalinda, was assaulted by male members of her party for her alleged support of Joyce Banda. Articles and interviews in all state media have viliied Banda and have instead hailed Peter Mutharika, the brother of the President as a worthy successor. AFRICAN MEDIA BAROMETER MALAWI 2010 13 SECTOR 1 4. Reverend Levi Nyondo, the Synod secretary-general of the Livingstonia CCAP was arrested in August 2010 for speaking out against the quota system for university students at the funeral of the former health minister, Moses Chirambo. Government introduced a system, whereby a number of students selected for each course would be determined by regional population. He was charged with uttering seditious words, contrary to Section 51(1)(b) as read with 50(1) of the Penal Code. he Malawi Law Society, in conjunction with a private lawyer, is challenging the constitutionality of the sedition clause and is ighting to have it abolished. here was a time when journalists were able to express themselves freely but this is changing as the threats and intimidation have been on the increase. Journalists are censoring themselves and often change the way they write a story depending on who they are working for and what the issue may be. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.4 (2008: 4.0; 2006: 2.6) 1.3 There are no laws restricting freedom of expression such as excessive official secret or libel acts, or laws that unreasonably interfere with the responsibilities of media. Analysis: Sections of the Penal Code are restrictive and curb freedom of expression while giving the Minister power to restrict material and publications that he or she may consider are not in the interests of the public. Section 46 states: If the Minister is of the opinion that the importation of (a) any publication: or (b) all publications published by any person, 14 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 1 would be contrary to the public interest, he may, in his absolute discretion, by order, prohibit the importation of such publication or publications; and in the case of a periodical publication may, by the same or a subsequent order, prohibit the importation of any past or future issue thereof. Sections 200 and 202 criminalise libel and a good number of journalists have been threatened with this. Section 200 states that: Any person who, by print, writing, painting, eigy or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, shall be guilty of the misdemeanor termed “libel.” Section 202 adds that: (1) A person publishes a libel if he causes the print, writing, painting, eigy or other means by which the defamatory matter is conveyed to be so dealt with, either by exhibition, reading, recitation, description, delivery, or otherwise, as that the defamatory meaning thereof becomes know or is likely to become know to either the person defamed or any other person. (2) It is not necessary for libel that a defamatory meaning should be directly or completely expressed; and it suices if such meaning and its application to the person alleged to be defamed and be collected either from the alleged libel itself or from any extrinsic circumstances, or partly by the one and partly by the other means. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.9 (2008: 1.7; 2006: 2.0) AFRICAN MEDIA BAROMETER MALAWI 2010 15 SECTOR 1 1.4 Government makes every effort to honour regional and international instruments on freedom of expression and the media. Analysis: here is a provision in the Constitution that any international agreement signed by the Government of Malawi can be domesticated through an Act of Parliament. Section 211 of the Constitution states: (1) Any international agreement entered into after the commencement of this Constitution shall form part of the law of the Republic if so provided by or under an Act of Parliament. (2) Binding international agreements entered into before the commencement of this Constitution shall continue to bind the Republic unless otherwise provided by an Act of Parliament. (3) Customary international law, unless inconsistent with this Constitution or an Act of Parliament, shall form part of the law of the Republic. Citizens are not made aware of the signing or ratiication of protocols. he signing of these regional and international instruments is conined to two departments: the Ministry of Justice and the Ministry of Foreign Afairs. As one participant described: “these two government departmental heads have been attending various international forums committing Malawi to these international instruments, and yet there is no single deliberate efort to let the nation in on these processes or what the country has committed itself to. If the deinition of honouring means putting pen to paper, maybe there is a lot happening, but if honouring means commitment, then we are miles behind.” Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 16 AFRICAN MEDIA BAROMETER MALAWI 2010 1.8 (2008: n/a ; 2006: n/a) SECTOR 1 1.5 Print publications are not required to obtain permission to publish from state authorities. Analysis: Print publications have to register with the Registrar of Companies as a corporate enterprise. here are no licences required for a print publication to operate. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.5 (2008: n/a; 2006: n/a) 1.6 Entry into and practice of the journalistic profession is legally unrestricted. Analysis: Journalists in Malawi do not need to be registered or accredited to practise journalism. Citizen journalism has also been recognised by society, with the general argument being made that citizens should be able to express themselves in diferent ways and if they choose to use their skills to write stories or produce programmes for radio or television, they ought to be recognised as journalists. his trend, however, has set the precedent for many people to pose as journalists when in fact they are state spies or mere opportunists who specialise in attending press events looking for free food and drinks. To overcome this dilemma and introduce a certain level of professionalism into the trade, the Media Council of Malawi (MCM) and the newly established Journalists Union of Malawi are discussing the need for minimum qualiications to be met for journalists to practice. AFRICAN MEDIA BAROMETER MALAWI 2010 17 SECTOR 1 he MCM is currently issuing press cards through a strict vetting process, but journalists who apply for accreditation do so, on a voluntary basis. Media houses on the other hand, are issuing their journalists with in-house press cards that they can present on entrance to media events and functions. his allows event organisers to diferentiate between journalists and opportunists. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.6 (2008: 4.7 ; 2006: 5.0) 1.7 Confidential sources of information protected by law and/or the courts. are Analysis: here are no laws protecting conidential sources of information. he impending Access to Information Bill and current legislation does not protect sources. he owner of a radio station recalled an incident when the police hounded the station and demanded the name of the source used for a recording that had been aired earlier in the day. he station had played a recording that was allegedly the voice of the President instructing one of his oicials to arrest senior members of the opposition party. Prior to playing the recording, the radio station attempted to authenticate the recording and to verify the information contained in the recording. Eventually, the station contacted the Minister of Information who was adamant that it was not the President’s voice and who refuted the President ever having uttered such instructions. he interview was aired, with the recording played as background and context to the story. A few hours later, the police swarmed the radio station and insisted on being given information on the source. he attempts made by the station to verify the story are what saved it from being forced to provide the identity of their source. 18 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 1 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.6 (2008: 1.4; 2006: 2.4) 1.8 Public information is easily guaranteed by law, to all citizens. accessible, Analysis: he dragging Access to Information Bill has been under discussion for over a decade now, but it has not yet been legislated. he provisions contained within the Bill restrict the accessibility of information to the public. While Section 37 of the Constitution guarantees access to information held by state organs or bodies in theory, in practice it is diicult to retrieve information that is intended for the public domain. he constitutional provision envisaged that there would be supporting legislation that would broaden the guarantees set forth therein. But instead, there are various impediments that make it diicult to access public information. here is a great deal of bureaucracy in government, which the general public may not be able to plough through in accessing information about the use of public resources or money. here is, however, an initiative underway by the Government to report the amount of money spent in each district over set periods of time. Unfortunately, this amount only represents a total for each district, and does not provide a breakdown of the igures provided. Community members wanting more detailed information have to access this from the Assembly or District Assembly, which is often located a long distance away. Oftentimes, public oicers in charge of information are not aware of what is expected of them. For example, an NGO carrying out a survey on school drop-out rates was easily able to get information from some schools, while other schools insisted on a letter from the Ministry of Education. One panellist pointed out an inconsistency in the way government oicials decide on who will access public information. After the national budget announcement, he went to the Ministry of Finance to collect the national budget documents. AFRICAN MEDIA BAROMETER MALAWI 2010 19 SECTOR 1 he staf welcomed him and told him he would only get 3 of the 4 documents because if they gave him the fourth one, “he would make noise”. “...he would make noise” [if he was given all information] It was also noted that even when information is available, it is not user friendly. Only people interested in a particular subject and who desperately want speciic information will have the time, resources and persistence to pursue said information. here appears to be no particular obligation on the part of Government to go out of its way to make public information available. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.8 (2008: 1.9 ; 2006: 1.8) 1.9 Websites and blogs are not required to register with, or obtain permission, from state authorities. Analysis: Websites and blogs are not required to register with a state authority, and there are no legal restrictions preventing anyone from setting up a website. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 20 AFRICAN MEDIA BAROMETER MALAWI 2010 4.8 (2008: n/a; 2006: n/a) SECTOR 1 1.10 The state does not seek to block or filter internet content unless laws provide for restrictions that serve a legitimate interest and are necessary in a democratic society. Analysis: Internet content is neither blocked nor iltered. It seems, however, that there have been some unsuccessful attempts to block certain websites. he general sentiment in Malawi is that internet and websites are reserved mainly for entertainment purposes, rather than being seen as communication tools. Only a few people are able to access internet due to restrictive costs and limited access to computers. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.4 (2008: n/a ; 2006: n/a) 1.11 Civil society in general and media lobby groups actively advance the cause of media freedom. Analysis: In recent years, civil society groups have worked hard to lobby for media freedom. he strongest support came when the Human Rights Consultative Committee issued statements and wrote letters to the State House in protestation of a ban on government advertising in he Nation Newspaper. Government banned all advertising in the paper after he Nation carried an article stating that in spite of Malawi’s surplus of 1.1 million tonnes of maize, the country would still need food aid for the population, which had not harvested enough for the following year. Despite the feeling that they may not have efected substantial change, civil society and media lobby groups have continued lobbying extensively for the retraction of the ban. he state feels it has impunity and so does not listen to objections raised by civic society. When politicians feel their power base is being threatened there is usually a strong backlash from them. AFRICAN MEDIA BAROMETER MALAWI 2010 21 SECTOR 1 he President has appointed a special advisor on NGOs who is the contact between government and civic society organisations. Her role, however, seems to focus on defending the state, rather than acting in a collaborative relationship as a link to information. Moreover, the overall impression is that her primary purpose is to appear regularly on state radio and television, vigorously justifying government actions. his tends to weaken lobbying eforts by both civic society and media lobby groups who are not allotted the same amount of air time. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.4 (2008: 3.0 ; 2006: 4.1) 1.12 Media legislation evolves from meaningful consultations among state institutions, citizens and interest groups. Analysis: Consultation processes that have taken place on media legislation have been conined to exclusive groups of people. he Malawi Communications Regulatory Authority has been working on restructuring itself and amending the Communications Act of 1998, but the consultative process has been conined to key players and stakeholders, mainly drawn from media and human rights organisations. here is no form of veriication that the sentiments expressed by various groups during these consultations were considered or incorporated into the legislation being reviewed. he general populace has not been included in consultations, and is probably not even aware that there is a Communications Amendment Bill on the table. his exclusion of the general population in consultative processes is not unique to media issues. A good example of this was the decision to introduce a new lag. Using the excuse that it wanted to leave behind a lasting legacy, the Bingu wa Mutharika-led government recently went to great expense to change the country’s lag. he government claimed that there was wide consultation on this process, but all signs pointed to the fact that this was simply a facade – state radio had a 22 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 1 phone-in programme, for example, which seemed to only get calls from people who agreed on the idea of a new lag. he lag remained the same in almost every way, except for the sun rising – formerly it was half a sun that was relected in the centre of the lag. his has been changed to a full, circular sun that now stands as the lag’s centrepiece. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.6 (2008: n/a; 2006: n/a) Average score for sector 1: 3.2 (2008: 2.9 ; 2006: 2.9)3 3 For 2009 the indicators were reviewed, amended and some new indicators such as those addressing Information Communication Technology (ICT) were added. Consequently, the comparison of some indicators to those from previous reports is not applicable (n/a) in some instances in which the indicator is new or has been amended. Evidently, this has to be taken into account too, when the overall sector scores are compared. AFRICAN MEDIA BAROMETER MALAWI 2010 23 SECTOR 2 SECTOR 2: The media landscape, including new media, is characterised by diversity, independence and sustainability. AFRICAN MEDIA BAROMETER MALAWI 2010 25 SECTOR 2 The media landscape, including new media, is characterised by diversity, independence and sustainability 2.1 A wide range of sources of information (print, broadcasting, internet) is accessible and affordable to citizens. Analysis: Forty percent of Malawians live on less than US$2 a day, so access to pricey media products is restricted by lack of resources. he cost of a newspaper is MK150 (US$1), so the primary and most popular source of information is the much cheaper option of radio. Print media Print media is restricted to a few publications due to the high costs of printing and publishing. he two major media houses in the country – Blantyre Newspaper Limited and Nation Publications Limited own their own printing presses and they share their facilities with each other when there is a breakdown. No other publications can print their products at these printing presses. Ink and newsprint are prohibitively expensive. here are two dailies – he Nation and he Daily Times. A newly launched weekly tabloid - he Weekender - is a gossip sheet specialising in exposing scandals. Fuko, another newly launched weekly paper is working hard on accessing rural areas with a diversity of news and issues. It has, to date, become a rather popular publication. Even though newspapers are costly, people are hungry for information and ind various means to access newspapers. For example, they visit Teacher Development Centres or libraries to read newspapers, even if they are weeks old. Many NGOs also collect newspapers and take them to their beneiciaries when they go out to visit their projects. Broadcasting Radio in Malawi is the cheapest media product for people to access. here are 23 radio stations, of which six are privately owned commercial stations. Radio One and Radio Two are national networks operated by the state broadcaster, Malawi Broadcasting Corporation (MBC). he best known private commercial radio stations are Capital Radio, FM 101, Star Radio and Zodiac Broadcasting Corporation. MIJ FM is run by the Malawi Institute of Journalism and is based in Blantyre, while the rest are community based radio stations scattered across the country. 26 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 2 But even with 23 radio stations, there is a huge disparity in terms of access. In some parts of the country, up to 6 or 7 stations can be picked up, while in other parts of the country there is no access to local broadcasters at all. In the south of the country in Nsanje, for example, there is no access to local radio stations, and as such, no access to local news. Yet, Star Radio based in Blantyre alledgedly has listeners calling in to the phone-in programmes from as far away as the Mozambican border. here are 2 religious television stations and the state operated Television Malawi. A small percentage of the population pays for satellite television – i.e. DSTV. Internet Internet in Malawi is prohibitively expensive - on average it costs MK7 to MK8 per minute to access internet at internet cafes. Cellphone service provider, ZAIN, recently put up a few telecentres in rural areas, but there are no statistics on how many people are accessing it. Online newspapers here has been a marked increase in online publications and blogs. Newspapers from the two main publishing houses – Blantyre Newspaper Limited and the Nation Publications each have online versions of the paper. Other web-based news sites such as Nyasa News and NyasaNet are also useful platforms for accessing information. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.5 (2008: 3.0 ; 2006: 2.6) AFRICAN MEDIA BAROMETER MALAWI 2010 27 SECTOR 2 2.2 Citizens’ access to domestic and international media sources is not restricted by state authorities. Analysis: here are no restrictions preventing Malawians from accessing local or international media products. A variety of international publications are available and people can efortlessly subscribe to DSTV and other satellite stations. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.6 (2008: 4.0; 2006: 2.6) 2.3 Efforts are undertaken to increase the scope of circulation of the print media, particularly to rural communities. Analysis: here appear to be no eforts made by government or the private sector to increase circulation of their publications. Newspapers are only increasing their cover price, which in turn means that fewer people can aford to buy them. Government has a publication called Boma Lathu – a monthly publication that is distributed for free. Boma Lathu is produced in Chichewa and has a wide circulation. However, the content is limited and does not focus on any controversial or topical issues. hrough an initiative supported by the Ministry of Education, Teacher Development Centres are inviting the public to access their library of print materials, but community members often shun these centres because they feel they are reserved mainly for school pupils. 28 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 2 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.5 (2008: 2.3 ; 2006: 1.5) 2.4 The editorial independence of print media published by a public authority is protected adequately against undue political interference Analysis: here is a great deal of political interference in the three publications produced by the Ministry of Information – Malawi Mail, Weekly News and Boma Lathu. Views opposing the state are completely absent in all these publications. Boma Lathu is more of a fact sheet that highlights government projects or activities and structures from a positive perspective only. he editor-in-chief of the publication is the Minister of Information. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.4 (2008: 1.4; 2006:1.6) AFRICAN MEDIA BAROMETER MALAWI 2010 29 SECTOR 2 2.5 Adequate competition legislation/regulation seeks to prevent media concentration and monopolies. Analysis: he Competition and Fair Trade Act originates from the trading sector but is also applicable to the media sector. he Act creates the Competition Commission which to date, has not been presented with any cases. 4 here are no restrictions on print media ownership. Blantyre Newspaper Limited and Nation Publications Limited are the two major media organisations that publish the majority of the publications in the country. Acccording to the law, radio broadcasting organisations that hold national licences (e.g. Capital Radio or Joy FM) are not entitled to cross ownership of television licences. he only other limitation under the Communications Act 1998 is that no individual is able to hold more than one national broadcasting licence. his is the only provision that restricts an unbalanced domination of the airwaves. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.3 (2008: 1.7; 2006: 2.1) 2.6 Government promotes a diverse media landscape with economically sustainable and independent media outlets. Analysis: here are very few concessions provided by government that are speciic to the print media industry. 4 he Government of Malawi adopted Competition Policy in 1997. As one way of implementing the policy, the Competition and Fair Trade Act was passed in 1998, but it came into force only in 2000.. 30 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 2 Computers and laptops enjoy duty free status, but there are other import taxes that have to be paid. Duties on printing equipment, newsprint, inks and other chemicals are excessive. A second hand printing press costs anywhere between MK 12 million (approximately USD 80,000) to MK 18 million (USD 120,000) while a new printing press will cost MK123 million (USD 820.000). he government does not have any policy to promote small scale independent media organisations. Government has removed some powers from the Minister of Finance to provide tax exemptions on certain goods. In its stead, the government has compiled the Custom Procedure Code which is a policy document to replace the Ministerial waiver. he booklet contains a schedule of duty rates on items imported into Malawi. he Minister can only announce changes to the Custom Procedure Code when delivering the annual Budget statement. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.1 (2008: n/a ; 2006: n/a) 2.7 All media fairly reflect the voices of both women and men. Analysis: Women keep falling under the label of being “vulnerable”, and are often only reported in media as victims of rape, domestic violence, loods or other catastrophes. here are certain prominent women who are always contacted for commentary on the issue at hand. In stories considered to be covering “hard news” the sources and expert analysts contacted for comment are invariably men. In the last few years there seems to have been a concerted efort to include women’s voices on a range of stories and issues. However, the media tends to relect the structure of society where the majority of people in leadership positions are men. As such, it is not surprising that they have a dominating presence in media content. AFRICAN MEDIA BAROMETER MALAWI 2010 31 SECTOR 2 It was noted by panellists that having more female journalists in the newsroom does not necessarily translate into issues being engendered. A few years ago, Capital Radio was heavily criticised for being a male dominated newsroom. A concerted efort was made to change this and 60 percent of the station’s employees “hey [MBC] broadcast to across the organisation – from administration, to newsroom level and up to the management their friends and families. We structure – are currently female. Despite this, broadcast to the nation.” however, there are very few women’s voices being heard in any of the media content developed for radio. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.0 (2008: n/a; 2006:n/a) 2.8 All media fairly reflect the voices of society in its ethnic, linguistic, religious, political and social diversity. Analysis: he state broadcaster attempts to cover news in a variety of languages. Primetime television news is in two languages – English and Chichewa. Radio is broader and covers news and programmes in the seven most dominant languages of Malawi. Commercial radio stations do not have the resources to cater to Malawi’s diverse population in terms of ofering a variety of language services. In fact, a famous slogan coined by the previous Director General of the state broadcaster that captured this reality was: “hey broadcast to their friends and families. We broadcast to the nation.” 32 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 2 On a religious level, media content is dominated by the Christian and Islam faiths, and there are radio stations dedicated to these two religions. Traditional religions seem to be ignored by the media and there are in fact sections of the media who demonise certain religions and their beliefs (e.g. the Seventh Day Apostolic religious group, which does not believe in treating illnesses with medication). he media is supposed to relect the diverse religious beliefs without condemnation. he national broadcaster tends to be narrow in its political views and tows the line by only representing the political viewpoint of the ruling party. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.2 (2008: n/a; 2006: n/a) 2.9 The country has a coherent ICT policy, which aims to meet the information needs of all citizens, including marginalised communities. Analysis: An ICT policy was adopted long before internet became as widespread as it is now. 5 But internet access remains very limited. In fact, the majority of civil servants in government institutions still do not have email addresses, let alone access to internet. Malawi’s existing ICT policy is more enabling for the business community and facilitates their capacity to conduct business easily, rather than focusing on making new media products accessible to the general population. Government believes that the business sector can lead in the development of the ICT sector and contribute to the growth of the economy, which in turn will beneit rural communities. At this juncture businesses are beneitting a great deal more than the public. 5 he ICT Policy is under review. AFRICAN MEDIA BAROMETER MALAWI 2010 33 SECTOR 2 However there is an efort by government - with the support of the private sector to ensure the successful implementation of the policy. Government is encouraging companies and organisations to open up and operate tele-centres in rural areas. he two major telecommunications companies, Telecom Networks and Zain are working towards moving the country to a higher platform in terms of ICT, as Malawi does not have 3G connectivity as yet. he implementation of the ICT policy has not directly beneitted rural communities. here is a need to engage with service providers to make cellphones and air time more afordable so that it beneits marginalised communities. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.5 (2008: n/a; 2006: n/a) 2.10 Government does not use its power over the placement of advertisements as a means to interfere with editorial content. Analysis: Government is well known for withholding advertising from media organisations that carry stories that are critical of the government. During its short lived history, Joy Radio was strongly supported by the government when it was headed by former President, Bakili Muluzi. When his presidential term came to an end, all government advertising was withdrawn from the station by the current government. he Malawi Broadcasting Corporation does not carry advertising from opposition parties. Even when civil society developed election jingles for broadcast, all the other radio stations carried the jingles, but the MBC returned the cheque and refused to light the advertisements. Two years ago, government withdrew all its advertising from he Daily Times because it was not pleased with some of the stories the paper had published. As a result, other organisations that rely on government contracts and do not want 34 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 2 to sufer any backlash tend to support government by also withdrawing their advertising. In March 2010 the government withdrew advertising from he Nation for critical reports on the newly introduced quota system at tertiary institutions. Government introduced a system whereby the number of students selected for each course would be determined by regional population. After publishing reports on this issue, all government advertising was immediately withdrawn from he Nation. A few months later the same publication carried a story on Malawi having to import food for the third quarter of the year. his time, the President threatened to close media outlets that “carry negatives stories about the government.” Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.3 (2008: 4.1; 2006: 3.2) 2.11 The advertisement market is large enough to support a diversity of media outlets. Analysis: Malawians do not have an advertising ethos. Business is conducted in a more informal manner – by word of mouth, through contacts, social gatherings and sporting events – and there are only a small number of companies and organisations that can aford to spend money on advertising. Ad spend is further hampered by the struggling economy and the fact that there are far too few advertisers for a rather large media market. With so many radio stations chasing a relatively small pot of advertising, advertising agents hold radio stations ransom by demanding reduced rates on the basis that the competing station is willing to place ads at a lower rate. Although prices luctuate dramatically from one media house to another, it is generally acknowledged that Malawi has the lowest radio advertising rates in the southern African region. AFRICAN MEDIA BAROMETER MALAWI 2010 35 SECTOR 2 Advertising on television is prohibitively expensive. Airtime on TV costs MK1.1 million (equivalent of USD 6700) for an hour, so many advertisers opt for radio as an advertising platform because it has a wider reach and is relatively cheaper. his ad support is, however, not guaranteed and advertising luctuates and shifts around from radio to television to print, depending on the audience the company wants to target. his trend impacts heavily on the sustainability of media organisations. For example, a national commercial bank which was one of the biggest advertisers on a certain radio station once simply notiied the radio station that they were cutting down on spending and would concentrate on print media, thereby considerably decreasing the station’s income. However, in terms of sustainability, radio is better adept than other media formats at surviving through hard times. he material being aired on radio can be easily and cheaply produced, while for print media it is a struggle as there are far more overheads, and printing costs are always increasing. Huge billboards scattered throughout the countryside contradict the notion that ad spend may not be high in Malawi. Outdoor advertising is a large growing market and there is a major thrust by advertisers to choose this expensive option which is considered by Malawians to be more exciting. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.8 (2008: 2.3; 2006: 2.2) Average score for sector 2: 2.7 (2008: 2.5; 2006: 2.4)6 6 For 2009 the indicators were reviewed, amended and some new indicators such as those addressing Information Communication Technology (ICT) were added. Consequently, the comparison of some indicators to those from previous reports is not applicable (n/a) in some instances in which the indicator is new or has been amended. Evidently, this has to be taken into account too, when the overall sector scores are compared. 36 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 SECTOR 3: Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. AFRICAN MEDIA BAROMETER MALAWI 2010 37 SECTOR 3 Broadcasting regulation is transparent and independent; the state broadcaster is transformed into a truly public broadcaster. 3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment for public, commercial and community broadcasting. Analysis: he Communications Act of 1998 regulates the broadcasting industry and provides for a three tier system. Section 45 Part 1 clearly spells out: (1) he Authority shall regulate the provision of broadcasting in Malawi in the manner which it considers is best suited - a) b) to meet demand for broadcasting services; to ensure the provision of regular news services and programmes on matters of public interest in Malawi; to provide for the broadcast of programmes in support of the democratic process through civic education; to promote the provision of a diverse range of broadcasting services on a national and local level; to promote the integrity and viability of public broadcasting services; and to ensure equitable treatment of political parties and election candidates by all broadcasting licensees during any election period. c) d) e) 38 (2) he Authority may, where necessary and subject to subsection (1), seek the general direction of the Minister as to the manner in which it is to carry out its duties under this Part of the Act. (3) Any direction given by the Ministry under subsection (2) shall be in writing. AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 Section 41 provides for a three tier system (1) he Authority may issue broadcasting licences for radio and television broadcasting services of the following kinds a) b) c) public broadcasting services; private broadcasting services; and community broadcasting services. he Communications Act is efective for commercial and community broadcasting entities which have been registered and are operating. But despite the legislation, there has been no transformation and the public broadcaster remains a state broadcaster in terms of its operations. he MBC has a unit for the production of development programmes called the Development Broadcasting Unit (DBU), which was to be transformed into a commercial unit. his idea of making it a commercial unit was however turned down, and in keeping with the idea of being a public broadcaster, the current setup of the DBU is being maintained to bring out local views directly from the communities. On the whole, the legislation is not being implemented to transform the MBC into a public broadcaster. MBC staf work in a risky political environment and are never sure of job security as there are always directives being handed down by government oicials. here is still a strong general feeling of the broadcaster being state run. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.8 (2008: 3.9; 2006: 3.3) AFRICAN MEDIA BAROMETER MALAWI 2010 39 SECTOR 3 3.2 Broadcasting is regulated by an independent body adequately protected by law against interference whose board is appointed - in an open way - involving civil society and not dominated by any particular political party. Analysis: he Broadcasting Services Act 2001 in its section 3 establishes the Broadcasting In terms of Section 5 of the Communications Act of 1998, the regulating body – the Malawi Communications Regulatory Authority (MACRA) – is required to act independently in the performance of its functions. here have been numerous issues related to board appointments from the inception of this Act. Soon after the irst Board was appointed, the Chairperson was dropped after only a few hours and a new head was elected. he next board was dissolved just one week after being appointed, on the basis that it was constituted illegally. In terms of MACRA, the theory around the organisation is rather diferent from the practical aspect, as there is room for manipulation and control of this independent body through the appointment of board members. he President wields a great deal of inluence as he is responsible for appointing the 7 board members of the authority, including the Chairperson. According to Section 6 of the Act, two of the ex-oicio board members making up the board are the Secretary to the President and Cabinet and the Secretary for Information. Part of Section 8 states: (1) he President shall appoint one of the members of the Authority as Chairman. And Section 9 notes that: (1) he Minister shall, on the recommendation of the Authority, appoint the Director General of the Authority, who shall be responsible for the direction of and supervision over the work and staf of the Authority. (2) here shall be a Deputy Director General of the Authority who shall (a) be appointed by the Authority with the approval of the Minister; (b) perform such functions and duties as may be assigned to him by the Director General from time to time. (3) he Director General or, in his absence, the Deputy Director General, shall attend meetings of the Authority and of any committees of the Authority and may address such meetings, but shall not vote on any matter: Provided that the person presiding at any meeting may, for good cause, require them Director General or the Deputy Director General to withdraw from such meeting. 40 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 It is felt that the Board, along with the Director-Genral (DG) and Deputy Director General (DDG) of the Authority, can be regarded as government employees. his is exacerbated by the fact that since the DG is appointed by the Minister, it is inevitable that he or she will report directly to the Minister and not to the Board. he chair is considered a political igurehead. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.7 (2008: n/a; 2006:n/a) 3.3 The body regulates broadcasting services and licenses in the public interest and ensures fairness and a diversity of views broadly representing society at large. Analysis: Although numerous licences have been granted, there is a perception that MACRA is not adequately performing its responsibilities. In the current environment, it is diicult for church organisations, non-governmental organisations or other bodies that hold inluence with communities to be granted a licence. he authorities tend to grant licences to applicants who do not pose a potential threat in terms of inluence. One of the panellists narrated their experience in applying to MACRA for a community radio licence. he application was rejected, and the organisation was not provided with a reason for this decision. Instead they were told to stop asking questions and to reapply. he organisation has reapplied for a licence and is still awaiting a response. In the meantime, MACRA has put out another call for licence applications. AFRICAN MEDIA BAROMETER MALAWI 2010 41 SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.4 (2008: 1.7; 2006: 2.8) 3.4 The state/public broadcaster is accountable to the public through a board representative of society at large and selected in an independent, open and transparent manner. Analysis: According to Section 89 of the Communications Act, the Malawi Broadcasting Corporation has to be headed by a board that includes 6 board members, as well as the Secretary of Information who serves as an ex-oicio member. he Secretary of Information also sits on the MACRA board. Section 90 speciies that the President is responsible for appointing the chairperson of the board whilst the other board members are selected in collaboration with the Public Appointments Commission (PAC). Instead of a public call for nominations to the MBC, those selected to the board simply send their CVs to the Director of Statutory Corporations. Since the appointments are not carried out in an open and transparent manner, speculation is rife that the PAC is not in fact involved in the process. It was stated that the PAC, which is currently dominated by members of the ruling party, is simply provided with names that they are expected to endorse as board members. he Board composition is rather predictable in choice, and there is a very slight semblance of diverse representation with the board usually consisting of a clergyman, a community leader and other technocrats. he public has no input in this process and is only informed of the appointment of MBC board members through reports in the media. 42 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.0 (2008: 1.2; 2006:1.3) 3.5 Office bearers with the state and political parties as well as those with a financial interest in the broadcasting industry are excluded from possible membership on the board of the state/public broadcaster. Analysis: he Communications Act speciies the governance of the MBC through a board consisting of a Chairperson directly appointed by the President, 6 board members and an ex-oicio member who is the Secretary for Information. he Secretary for Information also sits on the MACRA board. he six board members are appointed by the President in collaboration with the Public Accounts Committee. here is no clear process or procedure for submission of names to the Public Accounts Committee or to the President. When the President appoints bodies to head organisations, the announcement is often reported in the media as: “It pleases the President to appoint...”. All appointees end up owing their allegiance to the ruling party. Section 90 of the Act speciies who will be excluded from being appointed onto the Board. (3) No person shall qualify to be appointed under this section who (a) has in the preceding three years been sentenced to a term of imprisonment of more than six months for an ofence involving fraud or dishonesty; (b) is an undischarged bankrupt; (c) is a member of Parliament , (d) is a Minister or Deputy Minister; (e) is a member of a committee of a political party at district, regional or national level. AFRICAN MEDIA BAROMETER MALAWI 2010 43 SECTOR 3 he panel, therefore, was split in its assessment (and subsequent scoring), with some giving more weight to the formal fulilment of the indicator and others to the assumed reality. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.1 (2008: 2.7; 2006: 2.1) 3.6 The editorial independence of the state/public broadcaster from political influence is guaranteed by law and practiced. Analysis: Part XI of the Communications Act of 1998 reconstitutes the Malawi Establishment Broadcasting Corporation as the MBC. Under Section 87, MBC is required to ofer diverse programming, encourage a diversity of opinions on matters of public interest, relect the diversity of Malawian culture, and through these oferings, ensure respect for human rights, the rule of law and the Constitution. Section 2 of 87 goes further to authorise the independence of the MBC. (2) MBC shall, in the provision of its broadcasting services (a) function without any political bias and independently of any person or body of persons; (b) support the democratic process; (c) refrain from broadcasting any matter expressing its opinion or the opinion of its Board or management on current afairs or on matters of public policy, other than broadcasting matters; (d) provide balanced coverage of any elections; and (e) have regard to the public interest. In practice, the MBC has always chosen to support the leadership in power at any given time. 44 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 A Friday weekly political commentary aired on MBC tends to promote government and its interests while denigrating opposition politicians and their issues. Since the end of last year, the MBC has had a total blackout on any news about Joyce Banda, the Vice President of Malawi. From the time Malawi started discussing the succession issue for the upcoming elections and named Joyce Banda as one of the potential candidates for Presidency, there has been a counterattack from other members of the ruling Party. he state media has been interviewing community leaders, political commentators and other stakeholders on an almost daily basis, all of whom have cast their doubt on the suitability of Joyce Banda as a presidential candidate. All the interviewees have cast aspersions on her character and have been promoting the idea of President wa Mutharika’s brother, Peter Mutharika as the most suitable presidential candidate for the next election. All the people interviewed on MBC have stated their support of Peter wa Mutharika – and based on the interviews conducted by MBC, one would think that there is no support for Joyce Banda. his is not the irst time that MBC has shown its bias. In the 2008 and 2009 period, it almost seemed there was a blackout of the opposition. As a result, the Electoral Commission of Malawi was pressured by political parties and civic society organisations to select additional radio stations to air the election results because they did not hold much conidence in the fair coverage of the election process by the national broadcaster. “People ...tune to MBC when they want to hear news about government and to private community stations when they want to hear real news.” he MBC has an editorial charter which is overlooked in favour of the informal patronage system. Staf members at MBC are aware that if they do not support the ruling party, they are sidelined and are sent to what is referred to as “Guantanamo” – the training and research unit. here is a saying that: “People in Malawi tune in to MBC when they want to hear news about government and to private community stations when they want to hear real news.” AFRICAN MEDIA BAROMETER MALAWI 2010 45 SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.3 (2008: n/a; 2006:n/a) 3.7 The state/public broadcaster is adequately funded in a manner that protects it from arbitrary interference through its budget and from all commercial pressure. Analysis: MBC basically obtains funding from 2 major sources – government and advertising. Government funding was withdrawn when the current government came into power because they (the DPP party) were in the minority in Parliament. By the end of 2007, the opposition had put the squeeze on by placing a blanket ban on subsidising the MBC because of the state broadcaster’s penchant for supporting the ruling party. For the next two years the MBC managed to survive primarily on advertising, despite the misgivings by Parliament that it would collapse. Government did, however, guarantee MBC loans with commercial banks to enable the broadcaster to operate. Furthermore, alongside statutory organisations and commercial enterprises sympathetic to the DPP, Government also committed revenue through sponsorship of programmes and advertising. Prior to this blanket ban, Parliament had decided to withhold 50 percent of funding from the MBC in July 2006. he remaining 50 percent would be released depending on MBC’s adherence to agreed benchmarks and the ensuing report on the operations of the state broadcaster. his was also supposed to be the irst step towards commercialisation. 7 7 he Communication Act of 1998 provides for commercialization of the MBC. he Parliamentary action probably thrust the Corporation into an unexpected dependence on commercial revenue. 46 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 he MBC managed to survive this period, primarily because the state was able to provide funds through other channels. Money from state corporations going into the Treasury would be re-channelled to the MBC. Instead of turning the MBC into a commercial venture, funding was used as leverage, entrenching the political structures and political pressure from the State. Since the state broadcaster is not adequately funded and relies heavily on government and advertising for its survival, there is pressure from both these sectors in the sense that on the one hand, there is a strong push for news and political bias from the government, and on the other hand, the determination of content by companies paying for sponsored programmes. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.4 (2008: n/a; 2006: n/a) 3.8 The state/public broadcaster accessible in the entire country. is technically Analysis: here are a few places in Malawi – especially in mountainous areas such as Dedza, Mulanje and Nsanje – where MBC is not accessible at all. he two state radio stations are accessible in 90% of the country. 40% of Malawians do not have access to electricity, so inevitably Television Malawi is not accessible in these parts. Since Television Malawi has switched transmission to satellite linkage, it might be more accessible than before though reception might be poor. AFRICAN MEDIA BAROMETER MALAWI 2010 47 SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.8 (2008: 4.1; 2006: 3.8) 3.9 The state/public broadcaster offers diverse programming formats for all interests. Analysis: here are a variety of entertainment programmes on radio, although the diversity of programmes is dependent on sponsors and what they ind fashionable at the time. here were several programmes on HIV and AIDS at one point, and this has now shifted to climate change, gender and education. In other words diversity in media content is donor driven and donor dependent. he most common format in television is chat shows, where someone is invited into the studio and interviewed. It is the cheapest and easiest type of programme to produce. MBC Radio One and Two ofer a variety of programmes during the day with a heavy focus on entertainment. During the late night to early morning shift, only music is played. he Malawi broadcasting sector is challenged by the fact that there is no real understanding of the types of formats for programming, both on radio and television. his lack of understanding is on the part of producers, radio show hosts and audiences. What is diicult is that people who have power to formulate policy around programme diversity and content do not understand what is required of them. For example, a decision was made to set up a radio station at Chancellor College that would focus purely on climate change. But the solution lies in getting community radio stations to talk and advocate around climate change. It cannot be discussed from an ‘academic ivory tower’. 48 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 3 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.2 (2008: 3.4; 2006: 3.6) 3.10 The state/public broadcaster offers balanced and fair information in news and current affairs, reflecting the full spectrum of diverse views and opinions. Analysis: here is no doubt that the loyalty of the state broadcaster lies with the ruling party. Inevitably, news and current afairs programmes will relect this allegiance. But outside of political news which is heavily biased in favour of the ruling party, the coverage of other issues by the MBC is good and varied. think should be said, will refrain from any adverse comments or simply refuse to comment. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.1 (2008: 1.3; 2006: 2.1) AFRICAN MEDIA BAROMETER MALAWI 2010 49 SECTOR 3 3.11 The state/public broadcaster offers as much diverse and creative local content as economically achievable. Analysis: he conditions of licencing set out in the Communications Act 1998 demand that MBC ofer 60 percent local content and 40 percent international programming. he Broadcasting Development Unit within the MBC was established on the basis of this legislation to ensure the production of local content for the MBC. he principles that guide the content aired on the state broadcaster are the wide diversity of Malawi’s cultural diversity, respect for human rights, rule of law and the Constitution. However, these noble principles are not regularly relected in MBC’s content although the broadcaster has worked hard on improving content over the past few years. he issue of producing local content comes back to the issue of afordability. As is the case with many countries in the region, the state broadcaster is hampered by inancial and technical resources. Even when the funding is adequate it is often diverted, with most of the resources being used to cover political rallies. Furthermore, there are not enough cameras at the broadcaster, the studios are dilapidated and radio show hosts have to contend with using their own cellphones because the studio lines often are not functioning. he state broadcaster could overcome some of its problems by outsourcing the production of local content, but it may be unwilling to do so because this would limit its control over content. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 50 AFRICAN MEDIA BAROMETER MALAWI 2010 2.9 (2008: 4.3; 2006: 3.2) SECTOR 3 3.12 Community broadcasting enjoys special promotion given its potential to broaden access by communities to the airwaves. Analysis: In the Communication Act, community broadcasting has been deined as follows: “community broadcasting service” means a broadcasting service which (a) serves a particular community; (b) is carried on for non-proitable purposes; and (c) is fully controlled by a non-proit entity. While the Act allows for a three tier system there are no special concessions for community broadcasting other than a nominal licence fee of US$200 for registration and the scrapping of duties on broadcast equipment. Many community radio stations are loundering because they are underfunded. Given the poor state of the economy, there is very little chance of these community based stations generating enough income to ensure their sustainability. here are some initiatives by media organisations to support community radio stations. MISA regional, along with NAMISA, recently carried out a survey on the diiculties faced by community radio stations with the aim of trying to ind best practices to overcome these impediments. It was reported that MACRA had received over 64 applications for both community and commercial broadcasting, which is evident of the keen interest in setting up radio stations. MACRA also has to contend with pirate radio stations that are popping up all over the country. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.5 (2008: 1.3; 2006: 1.9) Average score for sector 3: 2.9 (2008 : 2.3; 2006: 2.3)8 8 For 2009 the indicators were reviewed, amended and some new indicators such as those addressing Information Communication Technology (ICT) were added. Consequently, the comparison of some indicators to those from previous reports is not applicable (n/a) in some instances in which the indicator is new or has been amended. Evidently, this has to be taken into account too, when the overall sector scores are compared. AFRICAN MEDIA BAROMETER MALAWI 2010 51 SECTOR 4 SECTOR 4: The media practice high levels of professional standards. AFRICAN MEDIA BAROMETER MALAWI 2010 53 SECTOR 4 The media practice high levels of professional standards. 4.1 The media follow voluntary codes of professional standards, which are enforced by self-regulatory bodies that deal with complaints from the public. Analysis: he Media Council of Malawi (MCM) was revived three years ago. Membership in the organisation is drawn from media institutions and other NGOs to ensure broad representation. Journalists from the print, electronic and broadcasting sectors from both privately owned and state run media entities are members of the MCM. Membership of the MCM goes directly through member institutions, such that all employees of an organisation immediately become members by default. his ensures stronger commitment to the MCM and its principles of professional and ethical standards. he MCM has appointed several committees to deal with Accreditation, Ethics and Complaints, and Finance and Audit. he committees are governed by the Governing Council which is made up of six councillors appointed from the media sector and civil society. he chairperson of the MCM is selected in his individual capacity. he MCM has borrowed from the British, Tanzanian and Kenyan media regulatory frameworks and structures in setting up its own homegrown Ethics, Complaints and Disciplinary Committee (ECDC). he ECDC institutes the code of conduct developed by media houses, media organisations, media practitioners, civil society and members of the public during its hearings. he ECDC - presided over by a retired judge - resolves complaints received from the public against media content. An Editors Forum has been instituted under the ECDC to create awareness and to garner support for the MCM. At one time, the government attempted to set up a statutory media council as a parallel process to self-regulation. his was, however, rejected by the media sector. Consumers, organisations and even the regulatory authority, MACRA, have lodged complaints against media institutions. his indicates a certain level of support for the self regulatory mechanism. To thwart people who pose as journalists and to ensure that professional standards are maintained, the MCM has been active in setting up an accreditation process to weed out the opportunists. Applicants are required to ill in a form that details their qualiications and work experience to obtain a press card. Since its inception, the Accreditation Committee has accredited about 160 journalists. Government’s 54 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 4 request for inclusion of their logo on press cards on the basis that it would carry more weight was turned down by journalists. he Committee also endorses tertiary and educational institutions that ofer courses and degrees in journalism. Many of these institutions were ofering training that was not formally recognised or internationally certiied. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 4.2 (2008: 4.2; 2006: 3.0) 4.2 The standard of reporting follows the basic principles of accuracy and fairness. Analysis: here are a number of practitioners who are intent on sensationalising stories, as well as inexperienced journalists who tend to get the facts wrong. he level of these distortions often depends on who the journalist is working for and the angle that he or she is pursuing. A panellist working for an NGO explained that when journalists reported on their advocacy work on access to water, the story was shaped in diferent ways and did not provide a fully accurate view. he NGO had highlighted the water shortage in the city and surrounding areas and the challenges faced by the Blantyre Water Board in carrying out their work. A private radio station focused only on the water shortage, while the state radio only highlighted the work of the Government in bringing water to the communities. In both cases, the story was unbalanced. In another incidence, journalists were invited to a press brieing held by a UN organisation to highlight the work of the government in developing a regulatory framework dealing with refugees. he brieing pointed out the strengths of the legislation while highlighting a few loopholes. One of the headlines in a paper the next day was: “UN condemns Government.” AFRICAN MEDIA BAROMETER MALAWI 2010 55 SECTOR 4 When talking about accuracy and fairness at the institutional level, it is clear that the MBC is biased towards the ruling party, while many private radio stations will report on the problems and deiciencies of the ruling party. To get a fair and balanced view of a story it is necessary to listen to at least two alternative radio stations. Often journalists write very good stories but they are not good on follow-up. For example, the court proceedings of a rape case will be reported at the beginning of the trial but the inal outcome will not get into the news, with the balance of the story being lost along the way. Despite these setbacks, all the panellists agreed that over the last few years, media content in Malawi has improved and standards have risen. In previous years, numerous media houses faced lawsuits because of the stories they published or broadcast. As a result of costly defamation suits lodged against media houses, a number of publications have closed down. On the whole, journalists now seem to be writing with extra caution and are also more professional in their approach. he media are also being held accountable by society, which has become increasingly savvy about what constitutes balanced and fair reporting. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.9 (2008: 4.2; 2006: 3.0) 4.3 The media cover the full spectrum of events, issues and cultures, including business/economics, cultural, local and investigative stories. Analysis: Although Malawi’s media focuses heavily on politics, it is also doing a fairly good job of covering other areas of news. he Nation stands out among the print publications for dedicating sections of the paper to arts, entertainment, education, business and even children’s issues. 56 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 4 All aspects of life in Malawi are covered in the news, such that there are numerous articles on a variety of subjects. However, despite this wide coverage, these articles often lack depth. Television Malawi (TVM) introduced a programme called Reach and Touch, which focuses on women and children who are disadvantaged and unable to deal with their challenges due to inancial and other constraints. he public has come to their aid through this programme and many have managed to turn their lives around. Investigative journalism is still in its infancy in Malawi, but there are papers like he Nation that have exposed corruption in high places. here are also several broadcasting stations that have started following up on investigative stories. Part of the problem, however, is that newsrooms have limited resources and investigative reporting is both expensive and time consuming. Many reporters have not been trained in investigative reporting and the lack of experience has landed journalists in trouble. At one radio station, journalists followed a particular story but aired it prematurely and ended up with a very expensive lawsuit. Other radio stations also ind themselves in similar situations because journalists lack the experience to see a story through to the stage where there is enough back up for the story to be published or broadcast on air. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.9 (2008: 3.9; 2006: 3.3) AFRICAN MEDIA BAROMETER MALAWI 2010 57 SECTOR 4 4.4. Equal opportunities, regardless of race, social group, gender/sex, religion, disabilities and age are promoted in media houses. Analysis It is diicult to get diversiied staf in Malawi mainly because of misconceptions that stem from the past. Two decades ago, people entering the journalism profession were considered to be lacking in ambition especially because they would end up working for the state media. It was a profession that was considered a last resort that people would end up in if there was no other choice. his misconception changed during the period that Malawi was a one party state, when journalism was considered a dangerous profession. For many years, the media sector looked down on women but now there is a conscious and deliberate attempt to balance the newsroom in terms of gender. All this has translated into a higher number of women in newsrooms and media management positions. Older women are, however, often sidelined in the television sector. he Communications Workers Union is working on the implementation of a gender policy programme, whilst other media houses are mainstreaming gender into their policies. Tertiary institutions like the Department of Journalism and Media Studies at the Polytechnic are actively working to ensure equal numbers of male and female students in journalism and media studies courses. he priority for privately owned media is to employ staf who work hard and will do a good job. he other priority for most news organisations is to employ journalists who are luent in both Chichewa and English. People in the north are often excluded from jobs in the broadcasting sector as they do not speak either language luently and have strong accents. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 58 AFRICAN MEDIA BAROMETER MALAWI 2010 3.4 (2008: n/a; 2006: n/a) SECTOR 4 4.5 Journalists and editors do not practice selfcensorship. Analysis: With the demise of an oppressive period under President Banda, journalists have become imbued with a greater sense of freedom. As such, debate and discussion in the media has become more vigorous and robust, and journalists began writing more openly and freely. here are a number of media houses that have continued with this tradition of supporting their journalists to write and broadcast any story, as long as they follow the basic principles of fairness, accuracy and objectivity. But in other media houses, this sense of freedom has been altered as the State prepares itself for forthcoming general and presidential elections. hreats from the State have increased and the President has made it clear that he will not tolerate difering viewpoints. As a result, there is a great deal of self-censorship – particularly in the state media, and journalists are very clear about the stories they can work on and the stories they are not allowed to take on. A columnist who debated the presidential succession issue in a column carried in the Malawi News was called in by the editor to change her article because of its critical stance. Even though the columnist was not comfortable with the request, she complied with it because she is a freelancer. he second article was considerably toned down and then published. At another newspaper, a memo was sent out informing journalists that all articles mentioning the two potential presidential successors - Vice President Joyce Banda and Peter Mutharika - would be checked by the CEO and deputy CEO or the Managing Editor. Most journalists were deterred from writing on the issue. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.0 (2008:1.9 ; 2006: 2.3) AFRICAN MEDIA BAROMETER MALAWI 2010 59 SECTOR 4 4.6 Owners of established mainstream private media do not interfere with editorial independence. Analysis: Owners are adamant that they do not interfere with editorial independence but will sometimes ofer guidance. When a journalist is talking or writing about a topical issue, the journalist is advised to get an opposite viewpoint even if it means delaying the story. he pressure to interfere usually comes from prominent people who may be the subject of a story or interview. hey will often call owners hoping their position in society will inluence the media organisation from backing of on a story. hreats are often made when the owners of these media organisations indicate they will not interfere in newsroom decisions and refuse to pull out a story or interview. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.2 (2008: 2.3; 2006: 1.7) 4.7 Journalists and media have integrity and are not corrupt. Analysis: Media houses strive to promote integrity and guard against dishonesty and bribery, but will cover up cases of corruption when they do occur. Journalists have been involved in serious cases of corruption at various media houses but these incidents were hushed up and were not reported in the media. Normal practice dictates that journalists gather stories, but this is not always the case with a few of the journalists in Malawi. Organisations who want their activities and projects covered sometimes have to entice journalists with promises of payment, lunch and an allowance for the day. In one incident, a journalist based in Lilongwe asked for a travel allowance from an organisation, claiming he had travelled all the way from Blantyre to cover the story. 60 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 4 In another incident, a journalist was taken out to a project on two separate occasions with all expenses paid for – accommodation, meals and allowances. he story never appeared in the media. It was stated that journalists have on occassion called up people claiming to have a “hot issue” about them on their desks, and asking for an inducement to keep the story out of the paper. here is stif competition for publicity and the space for this coverage is limited in both time and space. Corporate organisations have to make sure they get their news and publicity into the media and sometimes ofer incentives to ensure maximum coverage. here is a great deal of media coverage on scheduled programmes on satellite stations in the media in Malawi. It is likely that journalists writing these types of stories have received a free subscription. Journalists covering cellphone service providers have received free handsets and free airtime. Young budding musicians trying to advance their careers have reportedly been asked to pay presenters and radio talk show hosts to guarantee airplay of their new material. In many of these cases, the journalist is acting without the knowledge of the editor. Capital Radio suspended one of its announcers when it was discovered that he had asked for a loan from a bank employee. he radio station wrote to the bank employee apologising for the behaviour of the journalist and explaining that the journalist’s actions would be regarded as a very serious matter. he letter stated that the radio station had clear guidelines for staf not to collect money in this manner. he journalist was reinstated because the bank employee wrote back, requesting Capital Radio to reinstate the journalist because he was an old friend and colleague of the bank employee and had not abused his position to apply for a loan. Certain media houses have a standing rule that all employees are asked to declare gifts and freebies given to them by potential story sources. Media groups such as the Nations Publications even publish full page announcements about the ethical conduct of journalists. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 2.3 (2008: n/a; 2006: n/a) AFRICAN MEDIA BAROMETER MALAWI 2010 61 SECTOR 4 4.8 Salary levels and general working conditions for journalists and other media practitioners are adequate. Analysis: In July 2010, the Journalists Union of Malawi carried out a survey of salaries and general working conditions of journalists in newsrooms across the country. he general trend showed that working conditions for journalists are poor and that they are not compensated adequately for the work they do. he minimum wage for journalists is MK10 000 but the recommendation is that it should be around MK50 000. Most publishers and owners are grappling with high operational costs, which make it diicult to pay their staf a reasonable salary. Oftentimes, media organisations have been unable to give staf their salaries on pay day. here are huge disparities between the print and broadcast media, as well as between state employed journalists and those working for privately owned media. Journalists working for the state media are better paid than their counterparts. State media has been in existence for a longer period of time and is heavily subsidised. As such, state media are able to provide better job security. However, state media organisations are also extremely bureaucratic and so it takes a long time to dismiss a staf member, unless a journalist writes about the President. he two major publishing houses in Malawi have been in business for a long time and this is relected in their structure and approach to business. Both are run along strict business principles. he Nation Publications Limited demands more of its staf in terms of qualiications and work experience, which is rewarded with higher salaries and better working conditions. he media entity is part of a conglomerate and the media part is just one component of the larger business empire. Changes are being made to the media industry based on the Employment Amendment Act which was passed in mid 2010. his will be complemented by the Pension Act which will make it mandatory for every employer to place all their employees on a pension scheme. If this legislation goes through, it is very likely that media houses will cut down on staf and the newsrooms will be compromised with fewer journalists working longer hours. he more established Communications Workers Union has set up workers’ committees in a number of media houses in an attempt to improve salaries and conditions for workers. 62 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 4 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.9 (2008: n/a; 2006: n/a) 4.9 Media professionals have access to training facilities offering formal qualification programmes as well as opportunities to upgrade skills. Analysis: here are numerous institutions ofering degree programmes: • he University of Malawi ofers the longest running degree programme – the Bachelor of Arts in Journalism in the Department of Journalism and Media Studies at the Malawi Polytechnic. • Chancellor College ofers a Bachelor of Arts Degree in Communications and Culture, as well as post graduate programmes in Media for • Development. • Mzuzu University is developing the Bachelor of Science in Media Studies programme. In August 2010 they had a meeting to reine the curriculum. • he department of Language and Communication at the Malawi Poly technic is introducing a Bachelor of Business in Communication programme related to the media industry. In the last few years the opportunity for journalists to upgrade their skills has increased considerably, especially through diploma courses ofered by the Malawi Journalism Institute (MIJ) and Continuing Education Centre (CEC) at the Malawi Polytechnic. AFRICAN MEDIA BAROMETER MALAWI 2010 63 SECTOR 4 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.6 (2008: 3.9; 2006: 4.3) 4.10 Journalists and other media practitioners are organised in trade unions and/or professional associations. Analysis: hree years ago the National Media Institute of Southern Africa (NAMISA) arranged a meeting which constituted a taskforce to revive the Journalists Union of Malawi. A committee has been selected which is headed by a chairperson, and has been tasked with the responsibility of raising funds in order to establish the Journalist Union of Malawi oice. here are other organisations such as the Media Council, the Communications Workers Union and the Media Women’s Association of Malawi which are heavily dependent on donor funding. If funds were withdrawn, all these organisations would collapse. It has been recommended that these media organisations need a strategy to identify alternative sources of funding and methods of sustainability. 64 AFRICAN MEDIA BAROMETER MALAWI 2010 SECTOR 4 Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 3.8 (2008: 4.2; 2006: 3.7) Average score for sector 4: 3.1 (2008: 3.2; 2006: 2.7)9 OVERALL COUNTRY SCORE: 3.0 (2008: 2.7; 2006: 2.6) 9 For 2009 the indicators were reviewed, amended and some new indicators such as those addressing Information Communication Technology (ICT) were added. Consequently, the comparison of some indicators to those from previous reports is not applicable (n/a) in some instances in which the indicator is new or has been amended. Evidently, this has to be taken into account too, when the overall sector scores are compared. AFRICAN MEDIA BAROMETER MALAWI 2010 65 Developments since 2008 Positive developments in the media environment in the last two years: • • • • • • • • • • • • • Revival of the Media Council of Malawi and Journalist Union of Malawi Review of Communications Act of 1998 Opening up of new media outlets/radio stations Public departments have appointed spokespeople TVM and MBC merger is considered a major development Recognition of private media institutions in the coverage of elections – Joy TV, Capital FM, Star Radio and Zodiac Eforts by MACRA to call for applications for radio licences MBC full-time live coverage of Parliament Increase in citizen journalism in print media Diversity of issues covered by media Strengthening of online media products Fewer journalists arrested Media awards Negative developments in the media environment: • • • • • • • • • • • 66 hreats from the Executive Passive resistance by Government to pass and review anti-media laws and legislation Access to Information Media Policy he Protected Names, Emblems and Flags Use of state media to promote Presidential candidate of choice Use of state media to undermine women political leaders, opposing views and minority views Unwillingness by government to listen to opposing views Economy in decline Collapse of Editors Forum Internet access is prohibitively expensive and therefore unaford able to the majority. AFRICAN MEDIA BAROMETER MALAWI 2010 Main drivers/actors for positive change • • • • • • Moral support from civil society stakeholders Moral support from legal fraternity Media watchdog institutions vociferously taking up issues Increased inter-coordination Individual journalists displaying courage Moral support from international community Possible obstacles for further development: • • • • • Economic decline impacting on media on many levels – resources, poor salaries, operational costs, overheads Lack of political will by legislators (ruling party and opposition MPs) to enact relevant legislation Media oligopolies Political environment Polarisation of Parliament Activities needed over the next few years: • • • • • • • • • • • • Formal coalition between media and civil society on campaigning around the Access to Information Bill. he face of the campaign should not be NAMISA but should be a grouping of multiple stakeholders, while NAMISA drives and coordinates the strategy. he campaign could be driven by the Chamber of Commerce. Create a taskforce Taskforce will campaign from several thematic areas Dialogue with Parliamentary Media and Communications Portfolio Committee has to be intensiied. Push for collation of growing trends on legislative framework Identify best practices and strategies undertaken by CSOs/ media houses/coalitions in the region to ight for a conducive media environment. Advocacy around a coordinated and comprehensive Media Policy which will include new media. he current legislation deals with critical issues in a piecemeal fashion. Advocacy around a merged communications Policy/ Communications Act for Malawi. Standardisation of advertising rates in the media industry Lobby for increased community media NAMISA to work with academic/tertiary institutions to carry out research on how informal structures are afecting journalism – NAMISA will have to work in conjunction with academic institutions A Training Needs Assessment for media to be carried out AFRICAN MEDIA BAROMETER MALAWI 2010 67 he panel meeting took place in Blantyre/Malawi , 28 to 31 August 2010. he Panel: Marcel Chisi-Civil Society/Youth Initiative Edith Betha - Features Editor, Nation Margaret Ali-Civil Society June Lutwana -Media/Radio Alaudin Osman-Media/Radio Rhoda Zulu -Media-Broadcasting/Writing Penelope Paliani Kamanga-Gender Activist Kelvin Sentala- Human Rights Lawyer Mabvuto Bamusi- Human Rights Activist Francis Chikunkhunzeni- Journalism Lecturer Marcel Chisi-Civil Society Activist Edith Betha- Journalist/Editor he Rapporteur: Reyhana Masters Facilitator Sarah Chiumbu 68 AFRICAN MEDIA BAROMETER MALAWI 2010