Internal - Analysis of the Law on Broadcasting (Lei da Radiofusão) and the Social Communication Law (Lei da Comunicação Social)

This Media4Democracy Analysis assesses the extent to which these two new draft laws conform to international human rights standards, in particular those relating to freedom of expression. It highlights the changes that would be needed to conform to both professional standards for drafting media legislation and international human rights standards. Although the two draft laws have a number of positive features, the Analysis concludes that both laws would need quite substantial revisions to meet international law standards and to establish practical systems for the regulation of the media. 

One key standard on freedom of expression is that any public institution or authority which regulates the media must have robust protections for its independence. Article 50 of the Constitution of Mozambique provides for the establishment of the Superior Council for the Media (Conselho Superior de Comunicação Social) as an independent media regulator, while the current Press Law has detailed articles setting out the mandate, structure and powers of the Council. In contrast, Article 8 of the draft Communication Law simply provides for the establishment of a ‘regulatory body for the mass media’ but says nothing about its mandate, structure and powers, leaving everything to be defined by the Government. This fails to ensure protection for the body’s independence, since it leaves it up to the government to establish key rules, for example relating to appointments and tenure of members, rather than this being done through legislation adopted by the Assembly of the Republic, which is the near universal practice of other States.