Transparency International Zambia (TI-Z) is profoundly disappointed with recent developments related to the allocation of TV and Radio licenses by the Independent Broadcasting Authority (IBA). We have observed unjustified delays, instances of favoritism, a lack of transparency, and even potential political interference in the licensing process, all of which have the potential to erode public trust in the independence and fairness of media regulation in Zambia.
The most recent cause for concern is the alteration of the release date for the names of successful applicants for TV and Radio licenses. Applicants who have been eagerly awaiting the results have had their hopes dashed as the release date has been repeatedly postponed. This sudden change in the timeline, and alterations to the correct procedure of selection such as scrapping off the interview stage of the application process in the second call for applications, raises suspicions, and it is vital that the IBA provides a clear and credible explanation for these anomalies.
On 20th October 2023, IBA responded to a query by TI-Z to clarify on the delay of publication of successful TV and Radio Licensing applications. In their response, the Authority stated that although they had not published any names relating to the outcome of the applications, both successful and unsuccessful applicants had already been informed of the outcome of their applications.
Contrary to this response, TI-Z has had several whistleblowers come forward about not being informed of the status of their applications. Furthermore, it has come to our attention that IBA officials were seen interacting with purportedly “successful candidates” even before the official announcement of the successful applicants. This is evidenced by photos submitted to TI-Z, which appeared on an official IBA social media platform, but have since been pulled down. Additionally, there are reports that within this very period of waiting, there are alleged politically-affiliated applicants who have been receiving offer letters and have commenced construction of studios ahead of other non-politically-affiliated applicants who have not been contacted yet. Such actions, if true, not only undermine the integrity of the process but also deepen suspicions of favoritism, corruption, and a lack of transparency.
IBA’s conduct in this regard is a clear abrogation of Section 21(2) and (3) of the Independent Broadcasting Authority (Amendment) Act No. 26 of 2010, which provides as follows:
(2) The board shall within Thirty days of receipt of an application under subsection (1), grant or reject an application.
(3) The board shall where it rejects an application under subsection (2), inform the applicant accordingly and give the reasons therefore.
In addition, section 26 (3) and (6) of the Independent Broadcasting Authority Act No. 17 of 2002, which is the principle Act, states as follows:
(3) Thirty days after the deadline for applications, the Board shall publish a list of all applicants by Gazette notice and in the national media, giving particulars of the applicant, the license area and the nature of the proposed service.
(6) Within sixty days after the receipt of the applications, or in the case where there are objections, within sixty days after the public hearing, the Board shall decide on the applications and provide written reasons for its ruling.
While the law is clear on the timeframe within which feedback ought to be given to applicants, the IBA in this case has not done so over a long period of time. It is imperative that IBA acts accordingly to avoid speculation of malpractices around the process and/or suspicion of corruption raised.
In this regard, TI-Z urges the IBA to release the results of successful license applicants immediately and provide a comprehensive explanation for the delays, ensuring the process is transparent and free from undue influence. The people of Zambia deserve a media landscape that is characterized by fairness, openness, and independence.
TI-Z is also deeply concerned about the potential for political interference in the TV and Radio licensing process. One alarming incident involved a civic leader from an office of a particular Member of Parliament contacting an applicant and questioning their motive for applying for a broadcasting license in their constituency. This raises concerns about why a non-IBA official would be in possession of confidential information regarding applications and why they would interfere in the process. Such actions are not only inappropriate but also potentially indicative of political meddling in the media licensing process. Further, they compromise the independence of the media and raise questions about the IBA’s ability to operate without external influence.
Section 6 of the IBA Act states that the Authority is not subject to the direction of any other person or authority. This provision means that, in essence, the IBA is an independent regulatory board of radio and television stations in the country. The IBA will have overall regulatory authority over all forms of broadcasting, including that of public-service.
TI-Z therefore calls for a thorough and impartial investigation into these concerns. It is essential that the IBA reestablish its credibility by ensuring that the media licensing process is transparent, fair, and free from political influence. The media plays a crucial role in upholding democratic values, and its independence should be safeguarded at all costs. TI-Z remains committed to promoting transparency and integrity in all spheres of public life and will continue to monitor the media licensing process closely.
Maurice K. Nyambe (Mr.)
EXECUTIVE DIRECTOR
For more details, get in touch with the TI-Z Communications Officer, Ms. Zanji Valerie Sinkala on zsinkala@tizambia.org.zm
