I. SummaryOn February 2, 2006, Angola’s National Assembly approved a new press law, which entered into force on May 15. The law regulates the activity of media companies and professionals in television and radio broadcasting and in the written and electronic press. This report analyses the new law in the context of international human rights standards. Given the Government of Angola’s poor record in protecting freedom of expression, the press law is especially crucial in the current pre-election period in Angola to ensure that the press can report freely in the run-up to national elections, tentatively scheduled for 2007. The new legislation represents an improvement over Angola’s previous press law in many respects. Key improvements include the elimination of the state monopoly over TV broadcasting; the creation of public TV and radio that are to be governed by principles of public interest (such as ensuring the plurality of opinions, providing accurate and impartial information that is widely accessible and providing politically balanced information during election periods), and provisions that allow a journalist accused of defamation to cite the truthfulness of the facts reported in his or her defense in cases involving Angola’s president. While Human Rights Watch welcomes the Government of Angola’s reform of its media law, it is concerned that the new law still contains elements that fall short of international human rights standards. The law defines certain conduct as “criminal” in unclear and sweeping terms and establishes excessive penalties for those crimes, including defamation; it includes provisions that may result in excessive limitations on press freedom; and it provides for the establishment of licensing procedures for private TV and radio broadcasters that are largely subject to the discretion of governmental bodies. The Angolan government should amend those provisions of the press law that are not in accordance with international and regional human rights standards, most urgently those criminalizing defamation. In addition, too many key principles and procedures of the law are left for further implementing laws and regulations and no transitional arrangements are defined to address problems that may arise in the application of the law pending adoption of the implementing legislation. The lack of such laws and regulations makes several provisions of the new press law largely inoperable. To make the new law fully operable, implementing laws and regulations should include the establishment of administrative and judicial procedures for parties to challenge decisions on limitations to freedom of press. The government should also establish fair and transparent licensing procedures for both private radio and TV broadcasters and ensure the editorial independence and accountability of public TV and radio to the public, rather than to the government. Such accountability can be achieved through an independent governing board, annual activity reports to the legislature and civil society, and regular external audits. The National Council on Media Communication (Conselho Nacional da Comunicação Social, CNCS) must be independent and its members are appointed through a transparent process. The Angolan government should, as soon as possible, draft and approve the Statute of Journalists (Estatuto do Jornalista), with the full involvement of journalists’ associations. Finally, the government should take steps to enable the establishment and independent functioning of the Commission on the Press Card and Ethics (Comissão da Carteira e Ética). Implementing laws and regulations on these issues should be enacted as a matter of urgency. |