No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
61
COMMUNICATIONS ACT, 2009
(g)
prescribe the circumstances under which corrections or counterversions must be broadcast when factually incorrect or defamatory or
injurious matter or matter whose broadcast is prohibited by the code,
has been broadcast;
(h)
require the broadcast of prescribed types of content produced in
Namibia;
(i)
prescribe the amount and nature of advertisements that may be
broadcast and prohibit the broadcast of advertisements that are
degrading or offensive;
(j)
prescribe any duty that will improve the quality of the service provided
by broadcasters.
(3)
When the code is prescribed, the Authority must –
(a)
ensure that the duties imposed on a specific category of broadcasting
service are appropriate for the services in question;
(b)
ensure that duties are not imposed that will make some class of service
uneconomical or impractical;
(c)
ensure that community broadcasting is promoted;
(d)
impose duties that will as far as practical promote Namibian
creativity.
(4)
If the Authority is of the opinion that a licensee belongs to an
organisation that enforces the compliance of its members with broadcasting standards
that comply with the requirements of this section, it may with the concurrence of the
Minister make a determination that the licensee concerned does not require regulation
by a broadcasting code.
(5)
If a determination under subsection (4) has been made in respect of
a substantial percentage of licensees, the Authority may with the concurrence of the
Minister decide that the making of a broadcasting code is no longer worth while due to
the small number of licensees that will be subject to the broadcasting code.
(6)
If the Authority has made a finding referred to in subsection (4) or (5),
it may still prescribe any matter in respect of all or a specified class of licensees which
may be prescribed in the code if it has beforehand followed a rule-making procedure.
Supervision by Authority
90.
(1)
The Authority must supervise compliance with the conditions
imposed on broadcasting licences and the broadcasting code and if the chairperson, as a
result of a complaint by any person, is of the opinion that the conditions or duties have
been materially breached, he or she must request the licensee concerned to make written
representations regarding the alleged breach to the Authority.
(2)
When, after consideration of the written representations, the Authority
is of the opinion that the licensee has materially breached a condition or provision of the
broadcasting code, it may issue an order –