JUNE 2014
Key challenges for the
implementation of media
legislation in Somalia
As noted above, the Somali Federal Government faces
severe hurdles to constructing a media policy law, which
can be reduced to four key challenges:
1) A weak central government;
2) A geographically and politically fragmented media
environment;
3) A strong private telecommunications sector that
benefits from a lack of regulation;
4) A preference by many actors for the traditional xeer
and sharia law systems, rather than a formalized ICT
regulatory environment.
1) Weak central government
The Somali Federal Government (SFG) is based in the
capital, Mogadishu, but its authority barely extends beyond
a few urban centers. Much of the rural and semi-rural areas
in South-Central Somalia remain under the control of the
militant group al-Shabaab.
The SFG lacks the institutional capacity to formulate or
regulate ICT policies. It also views the issue as a low priority
as it tries to shore up security and extend its writ beyond
Mogadishu and South-Central Somalia. According to a
senior policy advisor at the MIPT “many policymakers are
resigned to the idea that the government is permanently
incapable of crafting 21st century policies that can give
the government its rights and assign its responsibilities”
(personal communication, March 2013).2
However, the SFG nevertheless continues to foster ICT
legislation, in at least a limited capacity. It is increasingly
involved in the ICT policy debate and is beginning to
formulate a legal framework to oversee ICT activity in the
country. The government’s efforts to reintroduce a media
law and to create institutional oversight are signs of its effort
to enhance its role in the ICT market, despite inordinate
challenges.
2
Name of interviewee withheld upon request.
2) Fragmented political environment
In theory, the SFG is in charge of formulating national
policies, procedures, and regulations, but other regions
routinely challenge the SFG’s oversight role. Regional states,
namely Puntland and Somaliland, which are far more stable
than South-Central, run their affairs in isolation of the
SFG, and therefore do not consider the SFG as the legal
authority for their ICT and media sectors. Consequently,
Somali ICT and media policy is fragmented across the three
main regions of Somalia: Puntland, Somaliland, and SouthCentral (much of central and southern regions, including
Mogadishu).
Puntland
Puntland is a semi-autonomous region in Somalia.
Puntland’s ICT sector is booming, as it is in the rest of
Somalia. But its media sector faces enormous challenges.
Private radio stations are, in theory, allowed, but authorities
constantly harass these outlets for reporting on issues
deemed critical of local government policies. As a result,
journalists face harassment, censorship, and even jail time
(SomaliaReport, 2012).
In theory, Puntland is obliged to abide by federal laws,
but those laws are frequently ignored due to the chronic
weakness of federal institutions and mistrust among various
clans in the different regions of Somalia.
In June 2010, Puntland’s Ministry of Information directed
all local media to refrain from broadcasting or publishing
religious lessons from scholars not native to Puntland. The
directive also banned commercials not in line with Puntland
culture. As such, the law entrenched sectarian views within
the Somali context by excluding clerics from other regions
and by claiming that there was a distinct culture that is
exclusive to the Puntland region. The Center for Law and
Democracy concluded that “the legislative environment
and manner of enforcement makes it difficult for journalists
to work effectively in Puntland” (African Union, p. 6).
In May 2013, Puntland authorities organized a two-day
consultative conference on a new media reform law. Progovernment websites reported that members of the media
supported the law for its attempt to clarify “confusion”
between the government and journalists (Manta, 2013,
para. 4). The authorities held consultations in Garowe, but
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