Ethiopian Federal Laws

A PROCLAMATION TO PROVIDE FOR THE SYSTEMATIC MANAGEMENT OF BROADCASTING SERVICE

WHEREAS, broadcasting service plays a big role in the political, economic and social development of the country by providing information, education and entertainment programmes to the public;

WHEREAS, it is essential to ensure proper utilisation of the limited radiowave wealth of the country;

WHEREAS, it has been found essential to clearly define the rights and obligations of persons who undertake broadcasting service;

NOW, THEREFORE, in accordance with Article 55(I) of the Constitution of the Federal Democratic of Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE
General

1. Short Title

This Proclamation may be cited as the "Broadcasting proclamation No. 178/1999".

2. Definitions

1. "Radio Wave" shall mean a radio wave assigned to users for a specific service in accordance with the radio regulations of International Telecommunication Union;
2. "Broadcasting Service" shall mean a radio or television transmission programme conducted to educate, inform or entertain the public;
3. "Licensee" shall mean a person licensed in accordance with Article 20 of this proclamation.
4. "Programme" shall mean voice or visual or audiovisual arrangement transmitted to inform, educate or entertain the public, or an all inclusive transmission of full or special programme.
5. "Full Programme" shall mean radio or television programme intended to inform, educate and entertain.
6. "Special Programme" shall mean a radio or television programme that predominantly focuses on a particular subject.
7. "Advertisement" shall mean a message transmitted to publicise and promote sales of goods and services.
8. "Political Advertisement" shall mean a radio or television message conveyed by a political party or candidate to publicise himself and his aspirations by paying or promising to pay for the announcement;
9. "Sponsored Programme" shall mean a programme the transmission cost of which is paid directly or indirectly or the payment of which is promised.
10. "Election Period" shall mean the period beginning from the official opening day of campaign until 24 hours before the starting of voting day.
11. "Person" shall mean a physical or juridical person.

3. Scope of Application

This Proclamation shall be applicable on every private and government broadcasting service established within Ethiopia.

PART TWO
Broadcasting Agency

4. Establishment

1. The Ethiopian Broadcasting Agency (hereinafter "the Agency") is hereby established as an autonomous Federal Administrative Agency having its own legal personality.
2. The Agency shall be accountable to the Prime Minister.

5. Head Office

The Agency shall have its head office in Addis Ababa and may establish branch offices elsewhere as may be necessary.

6. Objectives

The objectives of the Agency shall be to ensure the expansion of a high standard, prompt and reliable broadcasting service which can contribute to the political, social and economic development and to control it thereof.

7. Powers and Duties

1. ensure that the broadcasting service is conducted in such a manner that contributes to the proper social and economic development of the country;
2. issue, suspend and cancel 'broadcasting service license;
3. determine the site and coverage area of a broadcasting station, the standard and type of instruments used for broadcasting and, in consultation with the Telecommunication Agency, determine the capacity of the transmitter;
4. control prohibited and illegal transmissions;
5. issue permit and control the manner of use of the radio waves allocated for broadcasting by the Telecommunication Agency and leases same;
6. pay the appropriate fee of the allocated waves to the Telecommunication Agency.
7. without prejudice to the relevant laws and Government directives participate, on behalf of the Government, in international meetings on matters related to Broadcasting service, follow up the implementation of international agreements on broadcasting service to which the country is a party;
8. collect license fees of broadcasting services;
9. own property, enter into contract, sue and be sued in its own name;
10. perform other acts as are required for the implementation of its objectives.

8. Organization of the Agency

1. a Board;
2. a General Manager;
3. a Deputy General Manager; and
4. the necessary staff.

9. Appointment of Board Members

The Board shall have members appointed by the Government.

10. Powers and Duties of the Board

1. direct and control the activities of the Agency;
2. prepare and submit to the Government the general policy of broadcasting service and ensure its implementation when approved;
3. approve the assignment of officials accountable to the General Manager;
4. approve salary scale, employment, and administrative directives of the Agency prepared on the basis of the basic principles of the Federal Civil Service Law;
5. prepare and submit to the Government the annual budget of the Agency and ensure its implementation when approved;
6. submit the Agency's annual work performance report to the Government;
7. submit to the Prime Minister the annual work performance report of the Agency;
8. investigate and decide on the complaints of broadcasting service licensees and the public
9. deliberate and decide on other matters pertaining to the implementation of this Proclamation.

11. Meeting of the Board

1. The Broad shall have its regular meeting once in a month. However, when urgent circumstances occur the chairperson may, at any time, call meetings
2. The presence of two-third (213) of the members at any Board meeting shall constitute a quorum.
3. Decisions of the Board shall be passed by a simple majority vote; in case of a tie, the chairperson shall have a casting vote.
4. without prejudice to the provisions of this article, the Board may issue its own rules of procedure.

12. General Manager of the Agency

Upon recommendation by the Board, the General Manager of the Agency shall be appointed by the Government and he shall be accountable to the Board.

13. Powers and Duties of the General Manager

1. The General Manager shall be the chief executive of the Agency and, subject to the general directives of the Board, will direct and administer the activities of the Agency.
2. Without limiting the generality of the provisions of Sub-Article (1) of this Article, the General Manager shall:
   1. implement the powers and duties of the Agency stated under Article 7 of this Proclamation;
   2. employ and administer professional employees of the Agency, determine their salary and allowances in accordance with the directive to be issued by the Board;
   3. prepare and submit to the Board the annual work programme and budget of the Agency, and implement when approved by the appropriate organ;
   4. effect expenditure in accordance with the work programme and budget of the Agency;
   5. represent the Agency in all its dealings with third parties;
   6. prepare and submit to the Board the activity and financial reports of the Agency;
   7. perform such other duties as may be assigned to him by the Board.
3. The General Manager may delegate part of his powers and duties to other officials and employees of the Agency to the extent necessary for the efficient performance of the activities of the Agency.

14. Deputy General Manager of the Agency

The Deputy General Manager shall, subject to the directives of the General Manager, direct and co-ordinate the department under his supervision, and perforin other activities assigned to him by the General Manager.

15. Budget of the Agency

1. The budget of the Agency shall be drawn from the following sources:
   1. subsidy allocated to it by the Government;
   2. license fee collected by the Agency;
   3. any other sources.
2. The money referred to in sub-Article (1) of this Article shall be deposited in a bank account opened in the name of the Agency and shall be spent to execute the activities of the Agency.

16. Books of Accounts

1. The Agency shall keep complete and accurate books of accounts.
2. The financial records and other money related documents of the Agency shall be annually inspected by the Auditor General or an auditor assigned by the Auditor General.

PART THREE
License of Broadcasting Service

17. Requirement of License

1. No person may undertake a broadcasting activity without obtaining a broadcasting license from the Agency.
2. A person who intends to undertake broadcasting service should initially submit to the Agency an application for license.
3. The application shall fully contain the following:
   1. the name, nationality and address of the applicant;
   2. if the applicant is a company, the name, nationality, and address of the shareholders, and the amount of their share;
   3. the type of license required;
   4. the name and address of the broadcasting station;
   5. the coverage area and time of transmission
   6. the type and capacity of instruments used for transmission;
   7. the method of receiving;
   8. the per centage amount of domestic and foreign produced programmes to be transmitted;
   9. source of the investment.

18. The Standard for License

1. The Agency, prior to issuing a broadcasting license to the applicant, shall ascertain the applicant's financial, organization and technical capacity to establish a braodcasting station and to provide services, and ensure that the capital is obtained only by the applicant or under the guarantee of the applicant.
2. The Agency shall render a decision within thirty (30) days of receiving an application for license.
3. Where the Agency rejects an application for license, it has to specify the reasons thereto.

19. Prohibition

1. applicants whose nationality is not Ethiopian,
2. political parties,
3. religious organizations.

20. Types of License

1. to produce progamme and transmit using ones own transmitter;
2. to transmit programmes using hired transmission instrument;
3. to receive and broadcast only the programme of others using ones own transmitter;
4. to transmit using satelite or cable.

21. Establishment ofa Broadcasting Station by a Licensee

1. A broadcasting station may be established with a capacity of nation wide, regional or local basis.
2. A licensee cannot operate more than one station with one license.
3. A licensee with a regional or local transmission capacity permit shall secure the consent of the Agency prior to up grading the capacity of the station.

22. Priority of License

1. Where more than one applicant apply for a license intended to transmit to the same place, at the same time and radio wave:
   1. full programme transmission shall have preference to special Programme transmission;
   2. where the programmes are of the same standard, the programme with wider transmission coverage and longer transmission hour shall have preference.
2. Where license cannot be provided in accordance with sub-Article (I) of this Article, it shall be determined by the order of submission of application.

23. Duration of Broadcasting License

1. where the transmission is at the national level, eight (8) years for radio, ten (10) years for television;
2. where the transmission is limited to regional level, ten (10) years for radio, twelve (12) years for television;
3. where the transmission is limited to a local level, twelve (12) years for radio, fourteen (14) years for television;
4. where the transmission is limited to Dire Dawa which is accountable to the federal government, ten (10) years for radio, twelve (12) years for television.
5. where the transmission is limited to Addis Ababa and its surroundings, six (6) years for radio and eight (8) years for television.

24. Suspension of Broadcasting License

1. Without prejudice to Article 25 of this Proclamation, where a radio or television service licensee violates the provisions of this Proclamation, the Agency can suspend the license.
2. The decision of suspension made in accordance with Sub-Article (I) of this Article shall be served to the licensee stating, in writing, the reasons thereto and the effective date of the injunction.
3. The Board shall render a decision within eight (8) days of receiving a petition.

25. Revocation of Broad.casting License

1. A radio or television broadcasting service license issued in accordance with this Proclamation may be revoked on anyone of the following grounds:
   1. where it is confirmed that the licensee has failed to commence transmission within one (I) year of receiving the license;
   2. where it is confirmed. that the license is obtained by fraudulent means;
   3. where the broadcasting station suspends its transmission for more than one (1) month without good cause;
   4. where a court orders the closure of the station;
   5. where the licensee, by his own initiation, requests to stop the work;
   6. where the provisions of Article 27 of this Proclamation are violated.
2. Where a licensee in due time notifies the Agency the existence of force majuer to commence transmission within one (1) year as provided in Sub-Article (1) (a) of this Article, the Agency may give an additional time intended to enable the commencement of the transmission which shall not exceed six months

26. License Fee

1. Any person who has received a radio or television broadcasting service license shall pay an annual license fee as determined by the Agency.
2. Where the license fee is not paid within sixty (60) days after the end of the Government fiscal year, a penalty of 5% shall be added for each month; however, the total amount of penalty shall not exceed 50% of the license fee

PART FOUR
Transmissions of Programmes

27. Programming Principles

1. Every transmitted programme shall, by reflecting varying view points, serve the public at large through balanced presentations.
2. Every transmitted programme shall ascertain the accuracy of its source and content.
3. Every news shall be accurate, balanced and free from partiality.
4. Any transmitted programme shall not:
   1. violate the dignity and liberty of mankind, the rules of good behaviour or undermine the belief of others;
   2. commit a criminal offense against the security of the State, the constitutionally established Governmental Administration or the Defense Force of the country;
   3. maliciously accuse or defame individuals, Nation/Nationalities, people or organizations;
   4. instigate dissension among nationalities or cause to initiate dissension among peoples;
   5. incite war.

28. Protecting the Well Being of Children

1. Programmes that corrupt the outlook of children, harn their feelings and thinking, encourage them to undesirable behaviour shall not be transmitted at hours, during which children normally watch or listen to such programmes.
2. Children are presumed not to watch or listen to television or radio transmission after 11:00 O'clock in the evenings.

29. Regional Programme

A ,broadcasting station established to serve a definite region or locality shall devote at least 20% of its weekly transmission time for self-initiated programmes produced in the region or locality concerned.

30. Advertisements

1. An advertisement shall be transmitted in a manner that clearly differentiates it from other programmes. It shall not also affect the contents of other programmes.
2. Commercial advertisement shall be truthful, not misleading and publicise lawful trade activities.
3. The transmission of malicious or undermining advertisement on the products and services of others is prohibited.
4. Broadcasting advertisement interrupting any programme whose transmission time is upto 20 minutes and children's programme is prohibited.

31. Prohibited Advertisements

1. cigarette and cigarette related advertisements;
2. advertisements related to narcotic drugs;
3. advertisements of liquors with more than 12% alcholic content;
4. advertisements which encourage users to buy medicine which cannot be administered without medical prescription;
5. other advertisements prohibited by law.

32. Allocation of Advertisement Period

Unless otherwise it is an advertisement broadcasting Iagency, any broadcasting station shall not allocate more than 20% of its daily transmission time for advertisement.

33. Sponsored Programme

1. The content and time table of sponsored programme shall not fall under the influence of the sponsor. Especially, the sponsored programme shall not agitate the sale or hire of the sponsor's products or services.
2. Persons who produce or sell. goods or render services whose advertisement is prohibited by law shall not be sponsors.
3. Unless otherwise agreed between the sponsor and the station, other commercial advertisements could not be transmitted within sponsored programmes.
4. The name of the sponsor shall be announced at least at the beginning and end of every sponsored programme.

PART FIVE
Obligations of a Licensee

34. Notification of Responsible Person

1. The licensee shall notify the Agency the person who has been assigned to be responsible for the transmitted Programme. Where se1teral persons have been assigned for the position of responsibility, the accountability of each shall be clearly set and identified.
2. The provision of Sub-Article (1) of this Article shall not relieve the licensee of his responsibility.

35. Keeping of Programme Record

1. The licensee shall keep the record of every transmitted programme, including news, for sixty (60) days. Where the programme contains a previously recorded programme or film such programme record shall be kept wholly and it should be insured that it is accessable when required.
2. Where a grievance is forwarded on a programme before the expiry of the time limit specified in SubArticle (1) of this Article, the obligation shall remain in force until the case is decided in accordance with the appropriate law.
3. Where a programme is needed for inspection or to investigate a compliant (grievance) lodged against it, the licensee at his own expense shall provide a copy of the programme to the Agency or any other organ authorised by law to look into the case.

36. Providing Information

Every broadcaster shall announce the name of the station at the beginning and end of every transmission. The producer of the programme shall also be mentioned by name at the beginning or end of the programme.

37. Opening the Station for Inspection

1. Every licensee, where required by an employee of the Agency who is duly authorized to ensure and inspect the implementation of the provisions of this proclamation, shall allow him to investigate the broadcasting station and provide him with the required documents.
2. The licensee can initially request and identify the authorization document of the inspector who came to perform the task.

38. Transmission of Emergency Governmental Statements

1. Notwithstanding Article 26 of this Proclamation where an incident that endangers the constitutional order of the country or a natural disaster or an epidemic that threatens the public health occurs, every broadcaster shall transmit without remuneration emergency statements given by the Federal Government or State Administrations.
2. Without prejudice to the provision of Sub-Article (1) of this Article, the right of the broadcaster to demand appropriate remuneration when transmmitting other governmental, public or private advertisements is respected.

39. The Duty to Respect the Right to Reply

1. The broadcaster is duty bound to respect the right of a person to give reply concerning an issue when he alleges that a transmitted programme has encroached on his right or failed to be presented properly.
2. The broadcaster has an obligation to clearly transmit the reply statement in a proportional and similar time.

40. Transmission of political Programmes and Statements

1. Every broadcaster shall allocate free air time, for political parties and candidates registered in accordance with the relevant law, to publicize their objectives and programmes to the people or transmit statements during election period. The implementation shall be set out by a directive to be issued by the Agency.
2. Without prejudice to Sub-Article (1) of this Article, any political party or candidate can transmit political advertisement.
3. The charges for political advertisement shall not exceed that of commercial advertisement.
4. The party or private candidate provided with air time shall be responsible for the legality of the programme or statement transmitted.

PART SIX
Miscellaneuous Provisions

41. Power of Inspection

1. The Agency can assign inspectors who enable it to ensure that the provisions of this Proclamation and decisions rendered in accordance with this Proclamation have been respected.
2. An inspector assigned in accordance with subArticle (I) of this provision is empowered to enter and inspect a broadcasting service organization during working hours.
3. The inspector is empowered to examine any broadcasting instruments, refer to relevant documents and demand a copy thereof.
4. When the inspector enters into the inspection site he shall show his work authorization and identity papers.

42. Penalty

1. Unless a higher penalty is provided for in the Penal Code:
   1. Whosoever is found guilty of violating Article 17 (1) of this Proclamation shall be punishable with imprisonment not less than three years but not exceeding five years and with fine not less than Birr 10,000 and not exceeding Birr 20,000.
   2. Any licensee who is found guilty of violating Article 37 or 39 of this Proclamation shall be punishable with imprisonment not less than one year but not exceeding three years and with fine not less than Birr 5,000 and not exceeding Birr 10,000.
   3. Any licensee who is found guilty of violating Articles 30, 31, 32 or 33 of this Proclamation shall be punishable with imprisonment not less than six months but not exceeding two years and with a fine not less than Birr 10,000 but not exceeding Birr 50,000.
   4. Any licensee who is found guilty of violating Articles 28, 34, 35, 36 or 40 of this Proclamation shall be punishable with imprisonment not less than one year but not exceeding three years and with fine not less than Birr 15,000 but not exceeding birr 50,000.
2. If the person who is found guilty of violating the provisions of Sub-Article (1) of this Article is a juridical person, the penalty in fine shall be three fold of the minimum and maximum penalty provided for each offence.

43. Confiscation

The property used for broadcasting of a person who is found guilty of violating the provision of Article 27 (4) of this Proclamation shall, in addition to the principal penalty, be confiscated.

44. Application of Other Laws

1. Without prejudice to the provisions of this Proclamation, the relevant provisions of Press Proclamation No. 34/1992, with the exception of Articles 7 and 13 thereof, shall be applicable.
2. Any law which is inconsistent with the provisions of this Proclamation shall not apply to matters provided for under this Proclamation.

45. Effective Date

This Proclamation shall enter into force as of the 29th day of June, 1999.

Done at Addis Ababa, this 29th day of June, 1999.
NEGASO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA