60
Government Gazette 16 November 2009
Act No. 8, 2009
No. 4378
COMMUNICATIONS ACT, 2009
(5)
The Authority must renew a licence unless, in its opinion, the licensee
has contravened this Act or a condition of the licence or the renewal of the licence will
not be in accordance with the objects of this Act.
(6)
If a decision in connection with an application for the renewal of a
licence has not been reached by the Authority at the time when the period of validity of
the existing broadcasting licence expires, such licence continues to be of effect pending
such decision.
(7)
A licence lapses after the expiry of such period which may be prescribed
in the event that no broadcasts are made under that licence.
Payment of broadcasting licence fees
88.
If any prescribed fees are not paid by a licensee on the date on which
such fees are payable and remain unpaid after the expiry of a period of seven days after
the written notice by the Authority to the licensee to remedy the default, the Authority
may declare the licence to be forfeited.
Broadcasting code
89.
(1)
Unless the Authority finds that the making of a broadcasting
code is not worth while as contemplated in subsection (5), it must as soon as possible
after the commencement of this Act after having followed a rule-making procedure,
prescribe a broadcasting code that must prescribe the duties with which licensees must
comply.
(2)
The broadcasting code may –
(a)
prescribe duties relating to the coverage of news and current affairs in
order to ensure that the news coverage by broadcasters is fair, objective
and impartial;
(b)
prescribe such duties as may be required to comply with generally
accepted journalistic ethics;
(c)
regulate the broadcasts of any matter having the purpose of promoting
the interests of any political party (whether it is in the form of a paid
advertisement or otherwise);
(d)
prescribe special duties for broadcasters while campaigns are being
conducted for elections or referendums as will promote democracy and
the fair conducting of such elections or referendums;
(e)
regulate the broadcasting of matters of a sexual or violent nature,
containing offensive or strong language or that is offensive or degrading
to any portion of the Namibian public or prohibit such broadcasts under
prescribed circumstances or during prescribed times or prescribe other
conditions relating to such broadcasts or subject to the Namibian
Constitution prohibit the broadcast of a prescribed class of such matter
under the prescribed circumstances;
(f)
prescribe the duty to broadcast a prescribed class of public
announcements free of charge;