Constitutional Law
The Liberia Independent Broadcasting Regulator Act and Community Broadcasting
The purpose of the act includes "to make provision for the regulation of broadcasting with a view
to promoting independent, pluralistic broadcasting in the public interest" and "to establish a
juristic person to be known as the Independent Broadcasting Authority which shall function
wholly independently of State, governmental and party political influences and free from political
or other bias or interference."
For the first time in Liberia, the law recognizes three categories of broadcasting; public
commercial and community, and requires that there is equity in promoting the various categories.
Section 3(d) of the Act states that as part of national policy it will "encourage creative
broadcasting, including by licensing both public, commercial and community broadcasters" and
Section 20 (3) states that the Broadcasting Frequency Plan "shall ensure that, in accordance with
the broadcasting policy principles set out in section 3 of this Act, the broadcasting frequency
spectrum is shared equitably and in the public interest among public, commercial and community
radio and television broadcasters, and local and regional broadcasters and broadcasters whose
geographic area of coverage extends to the whole of Liberia."
Currently there is no clear policy on how each of the various categories of broadcasting must be
treated by the regulator. Invariably, in such situations it is the community broadcasting stations
which suffer.
Part VII of the Act details the licensing procedures, an improvement on the current situation
where community broadcasters, like commercial stations, have no properly laid down procedures
for obtaining licenses.
Another section of great benefit to community radio is 47 (2) in Part XIII of the Act which states
that "any agreements or licences to provide broadcasting services in force immediately prior to
the date of commencement of this Act shall be deemed to be valid broadcasting licenses for the
purposes of this Act, unless the Authority, acting in the exercise of its duties under subsection
(I), decides otherwise." Sub section (I) of the same section gives up to 12 months for the
Regulator to review the licenses, which would give the community stations enough time to
properly register as legal entities as required under the draft act.
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