JUNE 2014 The current state of ICT policy in Somalia There is currently no comprehensive policy framework for the ICT sector in Somalia. Although a number of laws and policies have been introduced in the cabinet and in the parliament, none have been implemented. As explained in more detail in the sections below, the current government does not have the political will to push these laws through, especially when Somalia’s political instability presents more urgent political needs. The table below provides a summary of Somalia’s ICT legal infrastructure that has been established since the collapse of the last central government in 1991. Table 2. History of ICT-related policies in Somalia Year 2005/6 2007/08 2007 2012 2013 Legislation Impact on ICT Somali Broadcasting Act Covers the roles that media houses as well as telecommunication companies play. The aim is to empower media companies to have a framework for operation. Approved by cabinet but not passed by parliament. National Priority Plan Intends to help in the prioritization and strengthening of key tools. ICT is considered a key tool in development and economic growth. Approved by cabinet but not passed by parliament. Somali Media Law Law intends to streamline government control and influence over media through the National Media Council, and through various other tools. Passed by parliament, but not signed by the president. The National Media Council Act Intends to create a regulatory body to oversee independent media and ensure the proper implementation of ICT and media policies. Approved by cabinet but not passed by parliament. Draft legislation designed to update the Somalia Media Law of 2007. Approved by cabinet but not passed by parliament. Somali Media Law Status In 2007, the Somali parliament approved the Somali Media Law, the country’s first media law in nearly 20 years, but it was never signed by the president and therefore never officially became law. It was, however, billed as the first national media law. This law included a guarantee of freedom of expression, and also emphasized the importance of media independence. According to Article 2 of the law: • The media is free to disseminate information and data while abiding by the laws regulating it and the state laws. • Freedom of expression and ideas is guaranteed by…the Somali government as depicted in article 20 section 1 and 2, the Universal Declaration of Human Rights (UDHR) and international treaties, as well as by those regional and global conventions of which Somalia is a member. • The media cannot be censored and cannot be compelled to publicize information complimentary either to the government or to the opposition (Somali Republic, p. 3). However, other aspects of the law suggest the limits of this freedom. For one, the law includes the creation of a National Media Council (NMC): a 15-member regulatory body with extensive powers to oversee the media sector. The legislation specifies that the Ministry of Information appoints five of the NMC members, and private media members select the remaining ten. However, these ten are contingent on the government’s approval, which gives the government considerable leverage over the NMC and its functions. Journalists and media rights activists criticized the law for giving too much power to the NMC. Secondly, the law obliges the media to promote Islam, the official religion of the state. The law criminalizes broadcasts and publications that are deemed anti-Islamic and in violation of the Somali culture. Without an independent judicial sector, the interpretation of what is anti-Islamic is left to the NMC. NGOs, the international community, and the Somali media sector criticized these measures for limiting freedom of expression. However, the rationale for these limits can be better understood by looking at the political climate that existed when the law was drafted. The law was passed by parliament in 2007, shortly after Ethiopian forces invaded Somalia and engaged in counterinsurgency warfare against Page 5